Judgment Search Results Home > Cases Phrase: disturbed areas special courts act 1976 Sorted by: old Court: guwahati Page 2 of about 298 results (0.064 seconds)

Shri Bacha Bora Vs. the State of Assam and ors.

Court : Guwahati

..... government declared the whole of the state of assam as a disturbed area under section 3 of the armed forces (special powers) act, 1952, for short, 'the act'. ..... district magistrate, air 1974 sc 510 : (1974 cri lj 465), after discussing the earlier decisions of the supreme court referred to above, the supreme court observed that of the three views taken by the supreme court at different times, the second view (at the time of return) appears to be in consonance with the law and practice in england and may be taken as having received the largest measure of approval in india, though third ..... state of delhi, air 1953 sc 277: (1953 cri lj 1113), it has been held that in habeas corpus proceedings the court is to have regard to the legality or otherwise of the detention at the time of the return and not with reference to the date of the institution of the proceedings. ..... therefore, whenever the question of 'least possible delay' arises for decision in computing the period of time the court has to have regard to the particular circumstances of the case, for example, physical impossibility or otherwise to make over the arrested person to the nearest police station, and how, where and in what ..... of india, air 1966 sc 816 : (1966 cri lj 602), the supreme court has held that in dealing with a petition for habeas corpus the court has to see whether the detention on the date on which the application is made to the court is legal, if nothing more has intervened between the date of application and the .....

Dina Bawri Vs. State of Assam

Court : Guwahati

..... should not confine its circumstances 'principally' or merely to the circumstances connected with particular crime, but also give due consideration to the circumstances of the criminal ; (vii) while ascertaining the existence of absence of 'special reasons' the court must pay due regard to both the crime and the criminal; (viii) what is the relevant weight to be given to the aggravating and mitigating factors, depends on the facts and circumstances of the particular ..... . if the court refrains from dealing with an offender under section 360 or under the provisions of the probation of offenders act, or any other law for the treatment, training or rehabilitation of youthful offenders, where the court could have done so, section 361, which is a new provision in the 1973 code makes it mandatory for the court to record in its judgment the 'special reasons' for ..... burn over the both hands, face and neck with slought.exturnal injury:there was also burnt is in the genital area, chest right side of the back over the both thigh and the lateral surface of the right leg. ..... ? with some judges, motives, provocations primary or constructive guilt, mental disturbance and old feuds, the savagery of the murderous moment or the plan which has preceded the killing, the social milieu, the sublimated class complex and other odd factors enter ..... . state of punjab, air 1976 sc 2386 'case would have to be taken by the court to see that his hearing on the question of sentence is not turned into an instrument for .....

Dina Bawri Vs. State of Assam

Court : Guwahati

..... should not confine its circumstances "principally" or merely to the circumstances connected with particular crime, but also give due consideration to the circumstances of the criminal ;(vii) while ascertaining the existence of absence of 'special reasons' the court must pay due regard to both the crime and the criminal;(viii) what is the relevant weight to be given to the aggravating and mitigating factors, depends on the facts and circumstances of the particular ..... . if the court refrains from dealing with an offender under section 360 or under the provisions of the probation of offenders act, or any other law for the treatment, training or rehabilitation of youthful offenders, where the court could have done so, section 361, which is a new provision in the 1973 code makes it mandatory for the court to record in its judgment the 'special reasons' for ..... burn over the both hands, face and neck with slought.exturnal injury :there was also burnt is in the genital area, chest right side of the back over the both thigh and the lateral surface of the right leg. ..... ? with some judges, motives, provocations primary or constructive guilt, mental disturbance and old feuds, the savagery of the murderous moment or the plan which has preceded the killing, the social milieu, the sublimated class complex and other odd factors enter ..... . state of punjab, air 1976 sc 2386 "case would have to be taken by the court to see that his hearing on the question of sentence is not turned into an instrument for unduly .....

Bimal Kumar Chanda Vs. State of Tripura and ors.

Court : Guwahati

..... stated in the writ petition that in recent years, the peace in the state of tripura has been disturbed, as many as 19 police station areas have been declared disturbed areas and are under the armed forces (special power) act. ..... counsel for the petitioner, submitted that the preamble of the protection of human rights act, 1993, (hereinafter referred to as 'the act, 1993'), makes it clear that the act, 1993, has been made for the constitution of a national human rights commission, state human rights commissions in states and human rights courts for better protection of human rights and for matter connected therewith or incidental thereto. ..... section 30 of the act, 1993, provides that for the purpose of providing speedy trial of offences arising out of violation of human rights, the state government may, with the concurrence of the chief justice of the high court, by notification, specify for each district a court of session to be a human rights court to try the said ..... to the government of tripura will send a request to the chief justice of the gauhati high court along with a true copy of this judgment for specifying for each district the court of sessions as human rights courts in accordance with section 30 of the act, 1993. ..... true copy of this judgment be sent by the registrar, gauhati high court, agartala bench to the secretary to the government of india, ministry of finance, department of expenditure, new delhi, and the chief secretary to the government of tripurs, agartala, .....

Jodhraj Baid Vs. State of Mizoram and ors.

Court : Guwahati

..... case of lal siamkunga (supra), the division bench of this court after holding that it has been a long standing position in the 'schedule areas' that references to court of sessions are construed as references to courts of deputy commissioner/district magistrate and that such a long standing legal position of law should not be disturbed held that the 'sessions judge' and 'additional sessions judge' under section 9 of the tada act must be deemed to include deputy commissioner for the purpose of ..... - (1) the central government or the state government may, by notification in the official gazette, appoint as many special judges as may be necessary for such area or areas or for such case or group cases as may be specified in the notification to try the following offences, namely : -(i) any offence punishable under this act; and(ii) any conspiracy to commit or any attempt to commit or any abetment or any of the offences specified ..... been averred that the said respondents was appointed as judge of the special court with concurrence of the high court. ..... appointed for the purpose of trial of the case is not qualified to be appointed as such under section 3 of the prevention of corruption act and (2) the entire action in launching the criminal case against the petitioners and shri lal thanhawla being politically motivated and the special judge entrusted with the trial being essentially and executive officer under the control of the government of mizoram and pressure being exerted on him by .....

Gadadhar Bania and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2005)(3)SLJ225CAT

..... the supreme court is reproduced below: "having regard to the respective contentions, we are of the view that the government having been extending the benefit of payment of special duty allowance to all the defence employees working in the north-eastern region as per the orders issued by the government from time to time as on april 17, 1995, they are entitled to both the special duty allowance as well as field area special compensatory (remote ..... aforesaid amendment sought to distinguish the two categories of defence civilian employees namely, those working in newly defined 'modified field area' and those working in the newly defined 'field area', in that defence civilian employees working in the modified field area are entitled to special compensatory (remote locality) allowance and other allowances admissible under the existing instructions issued from time to time but the ..... (rl) were not disturbed by the judgment of the supreme court, in this regard ..... in placing the matters in its entirity it was open for the respondents to take appropriate measures, but it was not permissible on the part of the respondents to act in defiance of the order of the tribunal, which was finally dealt with by the supreme court. ..... the respondents in placing the matters in its entirety it was open for the respondents to take appropriate measures, but it was not permissible on the part of the respondents to act in defiance of the order of the tribunal, which was finally dealt with by the supreme court. .....

Col. Jagmohan Singh and ors. Vs. the State of Manipur and ors.

Court : Guwahati

..... shri choudhury relied upon the notification dated 31st may, 2004 issued by the governor of manipur in exercise of the powers conferred by section 3 of the armed forces (special powers) act, 1958 declaring the state of manipur as a disturbed area, and argued that the assam rifles personnel deployed in the state of manipur in aid of civil power is answerable to the central government for its activities as the control thereof ..... the deceased, argued that the forces of the union deployed in a disturbed area to act in aid of civil power have to perform its duties within the parameters of sections 4 and 5 of the armed forces (special powers) act, 1958 as interpreted by the apex court in naga people's movement of human rights v. ..... writ petitioners submitted that the entire state of manipur has been declared as disturbed area by the governor of manipur by the notification dated 31st may, 2004 in exercise of powers conferred by section 3 of the armed forces (special powers) act, 1958 for a period of one year with effect from june, 2004. ..... that the habeas corpus petitions under article 226 are often entertained by the courts in relation to arrest and wrongful detention by the armed forces in disturbed areas, and in appropriate cases directions have been given to compensate and/or to ..... manipur has been declared as a disturbed area by the notification dated 31st may, 2004 issued by the governor of manipur in exercise of powers conferred by section 3 of the armed forces (special powers) act, 1958. .....

Rajen Singh (A.P.S.) Vs. State of Assam and ors.

Court : Guwahati

..... . dutta has drawn the attention of this court to the provisions of sections 4, 5 and 6 of the assam disturbed areas act, 1955, to show that under section 5 of the said act, if a police officer is of the opinion that a structure is utilized as a hideout or shelter by armed gangs or absconders wanted for offences in connection with the disturbances, he may destroy any such hideout or shelter and if he does so, section 6 of the said act provides protection to such a police officer from prosecution except with the previous sanction of ..... . before entering into the rival submissions made before me on behalf of the parties, let me point out that the vires of the assam disturbed areas act, 1955, was challenged along with some other legislations, such as, the armed forces (special provisions) act, 1958, in naga people's movement of human rights v ..... necessary so to do for the maintenance of public order, after giving such warning, if any, as he may consider necessary, fire upon, or otherwise use force even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in a disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or things capable of being used as weapons or fire-arms, ammunition and explosive substances.section 5 : powers to destroy arms, .....

Jadu Gopal Dutta Vs. State of Tripura and ors.

Court : Guwahati

..... the delhi special police establishment act, 1946 (25 of 1946), or(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the central government, or(iv) was committed by a person in the service of the central government while acting or purporting to act in the discharge of his official duty, and the prosecutor in-charge of the case has not been appointed by the central government, he shall not, unless he has been permitted by the central government to do so, move the court for ..... words, the reason which prompted the learned assistant public prosecutor to move for withdrawal of the case from prosecution appears to be the apprehension that the social harmony maintained by the government heretofore would be disturbed if the said respondents were prosecuted, which would create serious law and order problems. ..... application, the learned assistant public prosecutor stated that the case arose out of group rivalry; that the people of the area were now living in peace and tranquility and amity and social harmony among the different groups had been brought back and that if the cases were now tried in court and witnesses brought, fresh tension and enmity might arise. ..... earlier, the factor which weighed with the assistant public prosecutor in withdrawing the case from prosecution is basically to prevent breach of peace and tranquility in the area already engulfed by an orgy of political violence in which thirteen lives of the rival political party were lost. .....

Apurba Ballav Goswami Vs. State of Assam and ors.

Court : Guwahati

..... withdrawal from prosecution, the apex court observed, 'in the applications under section 321 made by the special public prosecutor before the designated court at mysore submitted that the special public prosecutor had decided to withdraw from prosecution the charges under the tada act 'in order to restore the peace and normalcy in the order area and among the people living in the border area and to maintain peace among ..... while conducting prosecution and what shall shape and govern his actions and deeds, while conducting prosecution, which obviously includes making of application for withdrawal from prosecution, and what the court has to look for and determine, while considering an application for withdrawal from prosecution made under section 321 of the code, let me, now, turn to the facts of the ..... in respect of such offence or offences:provided that where such office -(i) was against any law relating to a matter to which the executive power of the union extends, or(ii) was investigated by the delhi special police establishment under the delhi special police establishment act, 1946 (25 of 1946), or(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the central government, or(iv) was committed by a person in the service of the central government ..... . the applications did not state why the special public prosecutor apprehended a disturbance of the peace and normalcy of 'the border area' or the 'particular village', nor was any material in .....