Judgment Search Results Home > Cases Phrase: dowry prohibition act 1961 section 4 penalty for demanding dowry Sorted by: old Court: guwahati Page 1 of about 39 results (0.128 seconds)

israil Khan Vs. the State

Court : Guwahati

..... general rule of evidence in such cases evidence of reputation though hearsay is admissible. the evidence of repute has also been made admissible by the assam opium prohibition act in certain proceedings. it is essentially based on hearsay. where, therefore, reputation is spoken of, or described as a fact even though the reputation came ..... of any inferior ct. which is not otherwise subject to appeal or revn. he also contends that the provisions contained in section 17 (3), assam opium prohibition act, also exclude the supervisory jurisdiction of the ct. under article 227, of the constitution. it appears to me that both these contentions are unsound.19. the ..... car for transport of opium to different places. action, therefore, was prayed for against him under section 16 & in the alternative under section 11, assam opium prohibition act xxiii (23) of 1947.4. a protracted inquiry folld. no less than 106 witnesses were examined in support of the prosecution case. israil khan produced 61 witnesses .....

Jatindra Lal Saha Vs. Narendra Chandra Dev Barman

Court : Guwahati

..... by the state government, on this ground also he could not be removed from his post by an authority inferior to the state government on account of the prohibition contained in article 311(1) of the constitution of india.8. in my opinion neither of these contentions can bear close examination. the first argument ignores the ..... otherwise he cannot try the other offences.15. the position then was this, that because the sanction to prosecute, necessary under section 6 of the prevention of corruption act, 1947, had not been obtained the magistrate had no jurisdiction to take cognizance of the offence under section 161 and the special judge was not competent to take ..... provisions of section 7 of the police act which give the power to dismiss etc., any police-officer of the subordinate ranks even to a district superintendent of police, and it is undisputed that there was .....

Balbir Singh and anr. Vs. the State

Court : Guwahati

..... rights of a citizen to acquire and hold and dispose of moveable property was illegal and thus to the extent to which tiie prohibition act affects the possession of liquid medicine and toilet preparations containing alcohol was held to be void under article 19(1)(g) of the ..... the case of state of bombay v. f. n. balsara a.i.r. 1951 sc 318 (b), the provisions of the bombay prohibition act came up for examination by the supreme court and it was observed that the restriction imposed by the section on the rights of a citizen ..... item must be held to be void. the supreme court held in that case that section 139 (d) of the bombay prohibition act gave power to the provincial govt. by general or special order to exempt any intoxicant or class of intoxicants from all or any ..... i.r. 1951 sc 318 (b), dealing with the constitutionality of sections 52, 53 and 139 (c) of the bombay prohibition act, it had been held by the bombay high court that it is always open to the legislature to leave it to the government .....

Smt. Bhubaneswari Goswami Vs. Kaliram Burman

Court : Guwahati

..... order which could be passed under section 147 is one prohibiting interference with the exercise of the right claimed, whereas an order under section 145(6) is in the nature of a declaration that the party is entitled to possession until ..... would not arise. the owner of the_ land will be deemed to be in constructive possession of the land throughout even though he may not be exercising every moment the act of possession.14. in an inquiry under section 147, criminal procedure code, the manner of inquiry is to be the same as provided for in section 145, cr.pcode. the ..... on the case oe hem chandra v. abdur rahaman a.i.r. 194a cal 244. it was held by a full bench of the calcutta high court that the magistrate acting under the powers conferred by sub-section (2) of section 147, cr.pcode, has no power to issue a mandatory injunction directing the removal of an existing obstruction. he .....

Satyendra Kumar Pal and anr. Vs. Collector of Central Excise and Land ...

Court : Guwahati

..... order under sub-section (1) applies shall be deemed to be goods of which the import or export has been prohibited or restricted under section 19 of the sea customs act, 1878, and all the provisions of that act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word 'shall' therein ..... section provides as follows:if any goods, the importation or exportation of which is for the time being prohibited or restricted by or under chapter iv of this act, be imported into or exported from the states contrary to such prohibition or restriction, or if any attempt be made so to import or export any such goods, orif ..... penalty on any person concerned in the said offence. section 3(1) of the imports and exports (control) act, 1947 gives power to the central government by an order published in the official gazette to make provision for prohibiting, restricting or otherwise controlling in all cases or in specified classes of cases, and subject to such exceptions, .....

Thokchom Ningol Heisnam Ongbi Bhani Devi W/O H. Baruniton Singh Vs. H. ...

Court : Guwahati

..... who tried the case did not have the power to inflict. but, in deciding the sentence, i cannot lose sight of section 29(2) of the hindu marriage act. baruniton singh could have obtained a dissolution of his marriage to bhani devi under the customary law in manipur, merely by expressing his intention to divorce her or by ..... lapse from chastity and living continuously for a year with another man, but of even having got pregnant and secured abortion, thereby even accusing her of a criminal act in obtaining the abortion. even after that, he continued to draw money from her father showing thereby that they were most reckless and baseless allegations against her.no ..... offence.3. during the pendency of the criminal case baruniton singh filed an application before my learned predecessor for quashing the proceedings on the ground that the hindu marriage act, which by section 17 made such a marriage amount to bigamy and punishable under section 494, i.p.c. was ultra vires of the indian constitution as .....

S.B. Choudhury and anr. Vs. I.P. Changkakati and anr.

Court : Guwahati

Reported in : 1960CriLJ1551

..... law and order and maintenance of peace and security in the state and in the public interest. under clause (3) (b) of article 22 of the constitution the prohibition contained under clauses (1) and (2) oi article 22 will not apply to any person who is arrested or detained under any law providing for preventive detention. clause ..... which it incorporates. in the case of 'in re manlubhai mehta' reported in a.i.r. 1945 bom. 122 it was observed as follows :the act (the evidence act) does not say what documents are to be regarded as unpublished official records relating to affairs of state, or communications made to an officer in his official ..... item no. 74 is dossier personal folder and all other papers and documents regarding detention of sri moinul haque chowdhury produced before the advisory board under the preventive detention act. these documents were called for from th chief secretary to the government of assam, shillong or special superintendent of police, c. i. d,, shillong.the sessions .....

Jatindra Mohan Goswami and anr. Vs. Superintendent of Police and ors.

Court : Guwahati

..... in this case the decision proceeds on the assumption that such offences could form the subject matter of a departmental proceeding.there is nothing in section 29 which prohibits a departmental inquiry on a charge of a cognisable offence unless the police officer has been tried by a court of law. these observations only lay down that ..... of the admissions.8. reference in this connection may be made to the case of jagdish prasad saxena v. state of madhya bharat (now m.p.) air 1961 sc 1070. it was held in this case that-the departmental enquiry is not an empty formality; it is a serious proceeding intended to give th6 officer concerned ..... the 15th february, 1956. thereafter the petitioner was. transferred to united khasi-jaintia hills district as a probationary sub-inspector of police. and was posted there to act as traffic sub-inspector of police since september, 1958.on the 28th november 1958 in the morning when the petitioner was proceeding to barpathar accompanied by assistant sub-inspector .....

Nireswar Gogoi Vs. State of Assam

Court : Guwahati

..... the legislature and the courts cannot delve into that region in order to come to a conclusion in law. there is a lacuna in the assam opium prohibition act making no provisions for investigation of these offences and in absence of any special provisions in that behalf, the procedure laid down in the code of ..... supports this view.it is true that there may be other difficulties and embarrassment in the way of the excise officers conducting investigation under the assam opium prohibition act if the provisions laid down under chapter xiv have to be strictly complied with. the question of embarrassment in investigation, if certain provisions of law are ..... investigating, inquiring into, trying or otherwise dealing with such offences.from a perusal of the above provisions it is clear that offences under the assam opium prohibition act will have to be investigated according to the provisions of the code of criminal procedure subject to any exceptions or any modifications of the manner or place .....

Maniram Gunju Vs. the State of Assam

Court : Guwahati

..... by the explanation. the explanation in the definition made the provision prima facie immune from such constitutional objections as were raised against the provisions of the bombay prohibition act, 1949. section 3a (1956) is not an exception, but has explained what liquid containing alcohol will be excluded from the general definition of liquor after ..... comes within the enforceable part of section 13(b), contravention of which alone, is made an offence under the provisions of section 66 of the bombay prohibition act.counsel also relies upon a decision of a single bench of this court, in the case of harendra nath das v. state of assam, reported in ..... unfit for use as intoxicating liquor in absence of proof to that effect. while dealing with the expression 'unfit for use as intoxicating liquor' appearing in the bombay prohibition act, in : air1962sc579 , the supreme court observed as follows: (naran das's case)again the preparation even if it is medicinal, toilet, antiseptic or flavouring must .....