Court : Guwahati
..... accused is convicted under section 7 read with section 16 of the prevention of food adulteration act and he is sentenced to a fine of rs. 300/-, in default three months' rigorous imprisonment.g. mehrotra, j.7. i agree.s.k. ..... of february 1959) is produced in court. apart from the fact that the warranty is not legally proved, this cannot be construed to be a warranty coming within section 19(2) of the said act and, therefore, the accused cannot plead that the case comes within that clause.6. the result, therefore, is that on the basis of the finding, the ..... courts of the country on a point involved in this case, namely as to whether a servant could be held liable for an offence under section 7 read with section 16 of the prevention of food adulteration act.2. in this case, on 22nd august, 1958, the food inspector of karimganj purchased twelve ounces of 'sun brand' mustard oil from m/ .....
Tag this Judgment!Court : Guwahati
..... of any such notice, there is bound to foe failure of justice and that is why the limit to the jurisdiction of the court is prescribed under section 10(4) of the act.21. sri talukdar contended that the management knew their case, and, therefore, they had to come prepared to meet all emergencies. i think, the proper ..... discharge of the workman.20. the action as a whole, however, was not referred to the labour court. the purpose of stating the points under section 10(1)(c) of the industrial disputes act, 1947, is to give notice to both the parties to substantiate their case either before the labour court or the tribunal, and, in the absence ..... , and, that the industrial tribunal was competent to revise the production bonus scheme. an explanation to the observation indicated above is found on a reference to sub-section (4) of section 10 of the industrial disputes act, which says:where in as order referring an industrial dispute to a labour court, tribunal or national tribunal under this .....
Tag this Judgment!Court : Guwahati
..... that the possession of the revolver was a fact in issue which had to be established by the prosecution before he could be convicted of the offence under section 19(f) of the arms act and 'that the acquittal on that charge in the first trial was tantamount it a finding that the prosecution had failed to establish the possession of the ..... high court held that the said evidence has to he excluded in view, of the prior acquittal of the accused by a competent court of the charge under section 19(f) of the arms act.the supreme court agreed with the punjab high court and quoted with approval, the observations of lord macpermott in the privy council ease and held that the ..... with approval in the supreme court ruling a.i.r. 1956 sc 413 in that case, the accused was tried at the first trial on a charge under section 19(f) of the arms act, regarding the possession of an unlicensed revolver, and he was acquitted in appeal, though sentenced in 'the trial court, in the second trial at the accused for .....
Tag this Judgment!Court : Guwahati
..... not mentioned in any, one of them. these were produced by the defence to show that even the manipur administration did not observe the provisions of section 3 of the press and registration of books act, 1867 by giving the names of the printer and publisher and the place of printing' in the pamphlets and press notes issued by the publicity ..... type and printed the pamphlet will be liable in the absence of a definition of the word 'printer'. my attention was also drawn to the definition of 'printing' in section 1 of the act as including cyclostyling and printing by lithography and from this it was argued that the person who set the type alone can be made liable under ..... that the petitioner as the keeper of the press cannot be charged for the printing. i have already dealt with the latter argument in dealing with section 3 of the p. and r. of books act. as for the other argument, it is enough to say that the signature assembly demand co-ordination committee under the pamphlet will not make it .....
Tag this Judgment!Court : Guwahati
..... were further eroded land requisitioned for dyke purposes. thus the effective area available was 766.02 acres."business" has been defined under section 2(4) of the indian income-tax act (hereinafter called "the act") as including any trade, commerce or manufacture or any adventure or concern in the nature of trade of, commerce or manufacture ..... no principle can be evolved which would govern the decision of all cases in which the character of the impugned transaction falls to be considered. when section 2, sub-section (4) refers to an adventure in the nature of trade it clearly suggests that the transaction cannot properly be regarded as trade or business. ..... purchased in very large quantities, it would tend to eliminate the possibility of investment for personal use, possession or enjoyment. did the purchaser by any act subsequent to the purchase improve the quality of the commodity purchased and thereby make it more readily resaleable what were the incidents associated with the purchase and .....
Tag this Judgment!Court : Guwahati
..... have now been repealed. thus the view taken in that decision will not apply present.further in the present case, there is no conviction under section 147, but only under section 143. under section 147, there must have been rioting which meant that the criminal trespass must also have been committed in prosecution of the common object of the ..... cannot be accepted.7. it was however argued for the petitioners that on the evidence adduced for the prosecution, the petitioners should not have been convicted under either section. i am not prepared to go into the details of the oral evidence as both the lower courts which have gone into the matter have found that the ..... is an offence falling within two or more separate definitions of any law in force for the time being by which the offences are defined fir punished, orwhere several acts, of which one or more that one would by itself or themselves constitute am offence, constitute, when combined, a different offence.the offender shall not be punished .....
Tag this Judgment!Court : Guwahati
..... refer to some of the relevant rules in order to appreciate the contention of the petitioner. the charges show that they related to offences under section 29 of the police act read with section 342/161, penal code for illegal detention and for demanding illegal gratification. these offences were triable by a magistrate, and a departmental enquiry ..... .6. the contention of the petitioner that he could not be dismissed for a charge of a cognisable offence without trial has no substance. section 7 of the police act provides that-subject to provisions of article 311 of the constitution and to such rules as the state government may from time to time make under ..... his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof,...i have quoted above only the relevant portion of the section. the punishments enumerated in the section are minor punishments. this section is subject only to the provisions of article 311 of the constitution .....
Tag this Judgment!Court : Guwahati
..... the o/c, belonia police station was not only authorised either by the central government or by the reserve bank as required by the provisions of sub-section (3) of section of act vll of 1947 was-not tenable. even in paragraph j4 of the counter-statements, it was simply stated that the police officer concerned was authorised by a ..... search warrant was not duly authorised to file such an application either by the central government or by the reserve bank of india, as required by sub-section (3) of section 19 of act vii of 1947 and hence the search warrant as well as the seizure on the strength of it were illegal, and invalid. it is further contended ..... for handing over the seized articles within 4 months of the seizure, the magistrate could certainly have handed over the seized articles to nani gopal bhattacherjee, because section 19a of act vii of 1947 permits such a retention for a period not exceeding 4 months.even then, the director of enforcement has to satisfy the magistrate that he has .....
Tag this Judgment!Court : Guwahati
..... or local law now in force in that territory.7. in the year 1937 the governor of assam in the exercise of the powers vested in him by section 6 of the scheduled districts act xiv of 1874 made certain rules for the administration of justice and police in the khasi and jaintia hills. the justice was administered in this area in ..... of the opposite party is that the territory of cherra siemship within which the office is situate, territorially forms part of the state of assam. section 1(2) of the cr.p.c. provides that the act will extend to the whole of india except the states of jammu and kashmir and manipur. the words 'the whole of india except the states ..... similar to that contemplated under section 145 of the same code;(g) cases in which a public servant who is not removable from his office save by or with the sanction of the government of assam or some higher authority is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge or his .....
Tag this Judgment!Court : Guwahati
..... magistrate, first class, silchar.2. respondent jamaluddin is the husband of musst. aburunnessa bibi who is the respondent in the other appeal. jamaluddin was prosecuted under section 14 of the foreigners act. the charge against him was that he left india in the year 1950 and returned sometime in 1954 under ,a pakistan passport. he overstayed in india ..... in the nice. he failed to leave the limits of the cachar district' within the time specified in the notice. thereafter he was prosecuted under section 14 of the foreigners act. the magistrate has come to the conclusion that on the date when he returned to india in the year 1954 he was not a foreigner within ..... on a pakistan passport, prima facie this will be an evidence of the fact that he acquired the citizenship of pakistan. as laid down in section u of the indian citizenship act the proper locum to decide this matter is iota central government and at no stage the central government decided this matter and held that the respondents .....
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