Court : Guwahati
Decided on : Jun-21-2006
..... 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, fortified positions, etc. - any magistrate or police officer not below the rank of sub-inspector or any officer of the ..... s movement of human rights air 1998 sc 431 (supra).16. for the sake of clarity, let me quote hereinbelow, section 6 of the said act, which reads as follows:section 6 : protection of persons acting under sections 4 and 5 - no suit, prosecution or other legal proceeding shall be instituted except with the previous sanction of the ..... substituted.(2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.(3) the state government may, by notification, direct that .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-09-2006
..... habeas corpus directing the release of the detenue forthwith. the order of detention dated 1.6.2006 was made by the district magistrate, kamrup (metropolitan) under sub-section (2) of section 3 of the act. the order directed his detention in central jail, guwahati for a period of three months from the date of issue of the order. the detenue at the relevant ..... is further alleged that the detenue was arrested in connection with chhaygaon p.s. case no. 6/2006 was registered under section 120(b)/121/122/427 ipc read with section 3 of e.s. act and 10/13 ua(p) act on the ground that ulfa activist monoj rava revealed that ulfa group leader prabal dutta handed over a bomb to him 'to ..... cause an explosion and as per instruction he caused the explosion of the bomb on 24.1.2006 at 11.55 p.m at .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-06-2006
..... it is found that there is substance in the allegation, the victim should be suitably compensated by the state and the requisite sanction under section 6 of the central act should be granted for instruction of prosecution and/or a civil suit or other proceedings against the person/ persons responsible for such violation.22 ..... and steel glass etc. remained intact. the deceased, even according to the version of the army, while opening the door of the hut, got injured in the explosion and reduced into pieces of human flesh, but the ulfa literature, ammunition, medicines, tooth brush, tooth paste, aluminium vessels, steel glass etc. remained intact. concoction ..... lots of arms and ammunitions, medicines, letter pads, literature, tooth brush, tooth paste, aluminiunl vessels, steel glass etc. everything else got perished in the explosion except the seized articles which remained intact. the human flesh found in the hut was collected by the army and handed over to the police for postmortem examination .....
Tag this Judgment!Court : Guwahati
Decided on : May-18-2006
..... in national insurance co. ltd. v. mastan and anr. 2005 air scw 6305. the hon'ble supreme court held as follows:13. section 143 occurs in chapter x of the 1988 act. section 144 contains a non-obstinate clause stating that the provisions of the said chapter shall have effect notwithstanding anything contained in any other provisions of ..... vehicle with crpf personnel on way to rangjuli. on the way at bhalukjuli, while passing over a wooden bridge, the vehicle was blown off by a remote controlled explosive device by extremists. as a result, dara singh sutradhar along with two other persons died. the vehicle was insured with the appellant company. the death of the driver ..... the objection raised.6. at the time of admission of this appeal no substantial question of law was formulated as is required under the proviso to section 30 of the act. considering the pleadings, it has been decided to hear this appeal on the following question of law:whether the respondents-claimants who are the brother and .....
Tag this Judgment!Court : Guwahati
Decided on : May-30-2006
..... fee actually paid in the accounting year shall be computed for deduction. however, there is no such identical provision in the assam agricultural income-tax act. section 37 of the act provides for such allowance.it is the case of the petitioner-company that they are maintaining their accounts in the mercantile system. in the above system ..... authorities below, dr. todi, learned senior counsel has contended that although there is no dispute that there is no provision akin to section 43b of the central act contained in the assam act so as to restrict the availability of deduction on the ground that the amount be deducted only if it is paid within the ..... or profession shall be allowed in computing the income chargeable under the head 'profits and gains of business or profession.'6. the relevant provisions of section 43b of the central act under the heading 'certain deductions to be only on actual payment' essential for our discussion are quoted as follows:43b. notwithstanding anything contained in .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-31-2006
..... such suicide had been abetted by her husband or by such relative of her husband. 19. the supreme court has observed that by introduction of section 113-a in the evidence act, section 206, ipc has acquired wider dimensions and has become a serious marriage related offence. under certain conditions, the court may presume that the suicide ..... the failure by her father to pay the remaining amount of the dowry. the trial court rejected the prayer to consider release on probation of the offenders' act under section 360 of the criminal procedure code (for short, 'crpc') keeping in mind the present disturbing scenario in the society which is smeared with occurrences of torture and humiliation ..... whether in the absence of date and time of making the statement by the deceased to these witnesses, a test of proximity under section 32 of the indian evidence act has been fulfilled. section 32 is an exception to the rule of hearsay and makes admissible statement of a person who dies, whether the death is .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-20-2006
..... are therefore, requested to show cause as to why prosecution proceedings should not be launched against the company and every officer of the company pursuant to section 58a of the companies act, 1956 are with rules 10 and 11 of the companies (acceptance of deposits) rules, 1975.19. in reply to the said notice, the ..... the petitioners.10. before appreciating the respective arguments made by the earned counsel for the parties, it will be appropriate to refer to the provision of section 58a of companies act, 1956 and rules 10 and 11 of companies (acceptance of deposits) rules, 1975. according to the petitioners the amount in question 'being not deposits' ..... company has not filed the return of deposit and hence the provisions of rule 10 of the companies (acceptance of deposits) rules 1975, read with section 58a of the companies act, 1956 have been contravened and thereby rendered themselves little for punishment under rule 11 of the companies (acceptance of deposits) rules, 1975.5. that .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-31-2006
..... v. darius shapur chenai and ors. : air2005sc3520 upon consideration of various authoritative pronouncements on the subject took the view that section 5a of the act confers a very valuable right in favour of a person whose lands are sought to be acquired.having regard to the provisions ..... senior counsel appearing for the appellants, however, submitted that the appellants are not challenging the draft notification issued and published under section 4(1) of the act proposing to acquire the lands for a public purpose inasmuch as the question as to whether proposed acquisition is for public ..... section (1),-(i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 (1 of 1967) but before the commencement of the land acquisition (amendment) act, 1984 (68 of 1984) shall be made after the expiry of three years from the. date of the publication of the notification ; or(ii) published after the commencement of the land acquisition (amendment) act, 1884 .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-17-2006
..... a local area, is by way of stock transfer, inter-state sale or sale in the course of export or import. by impugned notifications, issued under sub-section (4) of section 3 of the aet act, 2001, when the goods, namely, biscuits, textiles and fabrics, cude oil, tobacco including cigarette, choroots, cigar, biri, zarda, khoini, sada and smoking ..... (supra) has, submits mr. shanti bhusan, no application at all.29. while considering the rival submissions noted hereinabove, it is pertinent to note that sub-section (4) of section 3 of the aet act, 2001, (as the same stood prior to the coming into force, on 12.5.2005, the aet (amendment) ordinance, 2005 empowered the state government ..... this court are that the impugned notifications suffer from the vice of excessive delegation and cannot, therefore, be sustained.39. to sum up, sub-section (4) of section 3 of the aet act, 2001, is, to the extent that the same empowers the state government to add, by way of mere notification, new items in the schedule .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-19-2006
..... it appears, misconstrued and misinterpreted this provision of rule 36b which has clearly referred to ordinary courts other than special courts constituted under the act. in section 16(2) of the act some special power of duties have been conferred or imposed on members of the force entrusting special judicial powers for inquiry or trial of ..... magistrate 1st class or in a given case, by the commandant or assistant commandant on whom powers of judicial magistrate have been conferred under section 16(2) of the act. the question whether trial shall be conducted by a judicial magistrate or commandant or assistant commandant specially conferred with the powers of judicial magistrate ..... with the powers of judicial magistrate, by the central government had jurisdiction to deal with the members of the force in a trial under section 10 of the act.18. although the question whether any appeal/revision lies before the sessions judge or high court against an order of the assistant commandant did not .....
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