Court : Guwahati
..... accused persons, and as such, on a report made by the c. i. d. sub-inspector, prosecution was sanctioned against the accused persons under section 19(f) of the indian arms act, and the accused petitioners were convicted by the trial magistrate, who unsuccessfully appealed to the additional sessions judge.three petitions were made lay three accused persons ..... possessing without license some pun-powder weighing more than one-fourth of a seer the expert who was examined, says that it was live gun-powder and highly explosive. what was found in his possession consisted of two packets of gunpowder and one-fourth seer of gun-powder contained in a bamboo chunga (barrel) which was ..... of the sentence.10. in revision case no. 34 of 1955, accused omar bahadur chetri, and his son, mahabir neopani chetri. were prosecuted under section 19(f) of the indian arms act for alleged recovery of one-fourth seer of gun-powder from the dwelling house of omar bahadur and mahabir, both of whom were prosecuted for the .....
Tag this Judgment!Court : Guwahati
..... amount that is finally payable to the petitioner for the acquisition of his estate or zamindari. in the instant case, we are mainly concerned with sections 20 and 21 of the act. section 20 provides for the payment of ad interim compensation and the relevant portion is in the following words :"20. after the date of vesting ..... an agency and payment of compensation as a result thereof. it was therein held that the amounts received by the appellant therein for the cancellation of the explosives agency did not represent the price paid for the loss of a capital asset but that they were of the nature of income. accordingly, their lordships held ..... is not assessable to income-tax. in order to determine this question, relevant provisions of the assam state acquisition of zamindaris act, 1951, hereinafter referred to as the act, have to be noticed. section 3 of the act provides for notification declaring that the estate or zamindari in question stands transferred to and vested in the state free from .....
Tag this Judgment!Court : Guwahati
..... it is true, falls under section 6(3) of the radian explosives act 4 of 1884, that it is a boilable offence and that, therefore, the petitioners are entitled to bail. indian explosives act 4 of 1884 was enacted to regulate the manufacture, possession, sale, transport and importation of explosives. section 4(1)(a) of the said act defines 'explosive' as sun-powder, nitro- ..... and property, that the first petitioner pointed out the second petitioner as his supplier and that the petitioners are liable to be punished under section 5 of the explosive substances act (act 6 of 1908).3. the first petitioner was arrested on 13.6.1966 and the second petitioner was arrested on 14.9.1966. the ..... imprisonment for a term which may extend to s years to which fine may be added.6. gun-powder is also an explosive substance within the meaning of section 2 of the explosive substances act (act 6 of 1908). the case of the prosecution is that, when the driver of the vehicle questioned the first petitioner about .....
Tag this Judgment!Court : Guwahati
..... or more persons or the carrying of weapons or things capable of being used as weapons or fire-arms, ammunition and explosive substances.'6. provisions of section 4 clause (a) of the armed forces special powers act, 1958, is to the following effect:-- 'any commissioned officer, warrant officer, non-commissioned officer or any other person of ..... of public order, it is necessary to declare those areas as disturbed areas:now, therefore, in exercise of the powers conferred by section 3 of the assam disturbed areas act, 1955 (act no. xix of 1955) the governor of assam is pleased to declare the areas mentioned in the schedule below as disturbed areas under ..... is hereby stayed. the two impugned notifications will take effect, but no power shall be exercised under the provisions of section 4 of the disturbed areas act, 1955 and section 4(a) of the armed forces (special powers) act, 1958, which are hereby stayed. adequate precaution shall be taken to prevent abuse of the provisions of clauses (c .....
Tag this Judgment!Court : Guwahati
..... challenged in writ petition not only by a rival trader, objector, but also by a mere objector who had been given statutory right to object under section 97 of the panchayat act. such a statutory right to object was not sufficient to found a claim for locus standi to maintain a writ petition air 1971 sc 246, air ..... objection certificate in favour of the respondent no. 6 for establishing a petrol pump at the same place, subject to the approval of the chief inspector of explosives. the petitioner challenged the issue of the certificate by a revision petition before the chief minister of assam on the grounds that the site at the gaurisagar road ..... the no objection certificate to the installation of a petrol pump by the respondent no. 6, at gaurisagar road junction, subject to the approval of the chief inspector of explosives, gauhati, is also being impugned in the petition. 2. the petitioner obtained a licence from m/s indian oil corporation ltd. hereinafter called 'the corporation' of dealership .....
Tag this Judgment!Court : Guwahati
..... may, in a different context and background, affect 'public order'. ordinarily clandestine arms dealings are punishable under the provisions of penal laws like i.p.c., arms explosive acts, and, such laws would be sufficient to cope with them. however, in the context of extraordinary circumstances, completely different consequence might follow and a person may be ..... specific dates. it is alleged that on the 30th nov. 1980 he went to barpeta and brought arms and explosives, again on the 6th dec, 1980 he asked one shri bashya to bring some arms and explosives made a plan to hand over one country-made gun and bombs to one rahman around 8-30 p.m ..... lahiri, j.1. this is a habeas corpus application. the petitioner was detained, under order of the district magistrate, kamrup made under section 3(2) of the national security act, 1980, 'for preventing him from acting in a manner prejudicial to maintenance of public order'. the detenu was detained on (illegible) and on the same date the grounds of .....
Tag this Judgment!Court : Guwahati
..... , digen bora, putul teran. kukul bairagl, debajjt bordoloi, jyoti gayan, mukul bora and few others blasted the oil pipe line at puranigudam on 13-2-1981 with high power explosives. you have admitted this in your statement before the police.5. on 19-6-1981 at about 6 p. m. you along with babul bora, dilip bora, prafulla bora, ..... grounds of detention are five in number, annexed to the petition as annexure ii, they read as follows:grounds of detention of shri lachit bordoloi.1. you planted an explosive at the bus stand of dhing syndicate at nowgong on 20-12-1980 at about 8.15 p. m.2. you planted borribs in the residence of shri bharat ..... order dated 2nd july, 1981, passed by the district magistrate, nowgong, in the purported exercise of power under section 3 of the national security act, (for brief 'the act', by which the petitioner has been detained with a view to preventing him to act in any manner prejudicial to the security of the state and in any manner prejudicial to the maintenance of .....
Tag this Judgment!Court : Guwahati
..... the petitioner emphasises that the authorities violated this provision by not making over the arrested boys to the officer-in-charge of the nearest police station. section 6 of the act, however, provides that no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the central government, against any ..... or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substance believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.22. the entire manipur central ..... 2 is the notification no. s. o. 500 (e) dated 26th oct. 1979 issued in exercise of the powers conferred by sub-section (1) of section 3 of the unlawful activities (prevention) act, 1967 (37 of 1967), whereby the central government declared 'the revolutionary people's front (formerly known as the armed revolutionary government of .....
Tag this Judgment!Court : Guwahati
..... a written commitment voluntarity to fla to give contract worth rs. l lakh initially and worth rs. 3 lakhs finally while you were posted at churachandput;2. that you supplied explosives to outlawed extremist organisation namely pla in the month of april, 81 while you were working as ee/pwd, churachandpur,3. that you gave shelter in your residence to pla ..... he was serving as executive engineer under the public works department, manipur. his detention was felt necessary by the district magistrate, (south) churachandpur to prevent him from acting in any manner prejudicial to the security of the state and maintenance of public order. the grounds of detention were furnished to the petitioner on 22-11-1981, which was .....
Tag this Judgment!Court : Guwahati
..... it was stated that this petitioner was arrested on 21-8-1981 in connection with cbi case no. 3 (8) 81 under section 302/ 120b. i.p.c. read with section 5 of the explosive substances act (commissioner's murder case) and was later released on bail, this does not find place in the grounds. the contention is that ..... das v. the district magistrate, kamrup 1974 assam lr 221 : 1975 cri lj 315. in which the order of detention was also to prevent the petitioner from acting in any manner prejudicial to the maintenance of services essential to the community. but that was grounded on some speeches by the petitioner relating to-indefinite strike with ..... of 'curfew' on 26-1-1982. on knowing about these reported activities of the petitioners, the district magistrate passed the order of detention to prevent them from acting in any manner prejudicial to the maintenance of essential supplies and services and public order.3. in assailing the impugned orders, shri bhattacharjee has urged inter alia that .....
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