Court : Guwahati
..... these circumstances it is difficult to hold that he refused to leave the compartment which was reserved for other passengers.4. the other ingredient necessary for section 109, indian railways act is not also established in the case. as i have pointed out, the complainant's main grievance was that he was assaulted and the accused1 behaved ..... the compartment and he was asked by the complainant not to do be. whatever other offence the accused may have been charged with, so far as section 109, indian hallways act is concerned, on the admitted statement of the complainant, the case is not made out. neither the prosecution has succeeded definitely to establish that the ..... accused is a matter which is to be inferred from the circumstances of each case. the contention of the senior government advocate is that under section 106 illustration (b), evidence act, the burden is on the accused to show that ha. had no intention to defraud the hallway administration.undoubtedly it will be especially within the .....
Tag this Judgment!Court : Guwahati
..... the confessional statement that was made by the appellant before the investigating officer which led to this recovery. in order to make the confessional statement admissible under section 27 evidence act, the prosecution should have proved as to what were the actual wordings used by the appellant. the prosecution has neither produced the copy of the diary ..... learned government advocate contended that in this case the gold chain pm/4 belonging to the deceased was recovered as a result of a confession made under section 27, evidence act, by the appellant to the p.w. 32 chunilal bardhan roy, investigating officer on 14-3-63 at 8 a.m. it was further pointed ..... just now. it is hardly necessary to emphasize that the act of recording confessions under section 164, criminal p. c., is a very solemn act and, in discharging his duties under the said section, the magistrate must take care to see that the requirements of sub-section (3) of section 164 are fully satisfied. it would of course be necesary .....
Tag this Judgment!Court : Guwahati
..... next case is commissioner of income-lax v. shakuntala, [1961] 43 i.t.r. 352 (s.c.) . this case deals with the provisions of section 23a of the act. the facts were that a hindu undivided family which was the beneficiary of certain shares itself in a company in which the public were not substantially interested, held ..... disputed that the said company is not a company in which the public are substantially interested within the meaning of section 23a. section 2(6c)(i) of the act provides that 'income' includes dividend. section 12(1a) of the act lays down that income from other sources shall include dividends, and any dividend declared by a company or distributed or ..... answering the question no. 1 are that on the 27th december, 1955, the income-tax officer, special survey circle, shillong, issued a notice under section 22(2) of the act to sri sanwarmal saharia. by this notice the addressee was called upon to furnish a statement of his income during the previous year. sri sanwarmal saharia filed .....
Tag this Judgment!Court : Guwahati
..... revision application by tejendra natna against the order of learned sessions. judge, tripura, dismissing his appeal and thereby maintaining his conviction and sentence of offences punishable under section 9 of the indian opium act and section 224, i. p. c.2. the prosecution story, put in brief compass, was that on 5-1-60 at about 5-30 a. m. ..... sealed and signatures of witnesses obtained thereon. on the same day a complaint was lodged by the excise sub-inspector before the sub-divisional magistrate, sadar, under section 9 of the opium act and under section 353/224 i. p. c.4. the case was transferred to the file of shri k. p. dutta, magistrate 1st class, agartala. he examined 3 ..... p. ws. and framed charges under section 9 of the opium act and under section 224 of the indian penal code against the accused who pleaded not guilty to both the charges.5. the defence case in brief is that the tin .....
Tag this Judgment!Court : Guwahati
..... merit but as it became infructuous sri nichols roy having resigned. it is submitted that publication of exhibit 4 constitute a corrupt practice under section 124(4) of the representation of the people act. 1951. but the statement is with regard to the candidature of shri nichols roy himself. it is not a false statement regarding the ..... constituency from the all party hill leaders' conference and was returned.23. evanton reade who is a witness for the respondent and is the headmaster of the evening section of mawkhar christian high school, has said that he knew the respondent and met him in the united states of america when they were students. he (the ..... cross-objection.29. it is submitted that under the relevant provisions if the representation of the people act, 1951, the respondent in the election case, namely shri stanley d.d. nichols roy, is entitled to cost. section 98 of the aforesaid act reads as follows-decision of the tribunal--at the conclusion of the trial of an election petition .....
Tag this Judgment!Court : Guwahati
..... be reduced to rs. 10/- and rs. 5/- per month. there is no force in this contention. under the criminal procedure code (amendment) act (26 of 1955) the maximum amount of maintenance awardable under this section has been raised from one hundred rupees to five hundred rupees. in fixing the rate of maintenance under the code, the following principle has ..... not an offence within the meaning of section 4(o) of the code. a finding of a magistrate ordering a person to ..... acquittal or a conviction. offence is defined in section 4(o), criminal p.c. as follows:'offence' means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which complaint may be made under section 20, cattle trespass act.neglect to maintain one's wife and children is .....
Tag this Judgment!Court : Guwahati
..... was a clear case where the property was threatened to be detained by the agent and the case was covered by the definition of ' coercion ' under section 15 of the contract act,13. it was also urged by sri choudhuri that whether a particular contract was obtained under confirm is a question of fact, and any finding by the ..... be limited by standing orders. strikes are illegal under the indian law only when penalties have been imposed for them for contravention of the provisions of sections 22, 23 and 24 of the act.in our opinion, every strike cannot be said to be illegal and if a strike itself is not illegal, it la difficult to understand how ..... notification dated 8 october 1960. the state of assam referred the folio wing two questions for adjudication to the presiding officer, industrial tribunal, assam, under section 10(1)(d) of the industrial disputes act:1. (a) whether the management of appin tea estate's refusal to pay to their workmen prosperity bonus for 1953-54 as per delhi agreement .....
Tag this Judgment!Court : Guwahati
..... of the accused should have participated in that intention. a similar intention would not be enough to bring the case within the meaning of the section. suppose several persons each acting independently of the others, intend to commit a crime and all of them chose the same moment and commit the crime which each of them ..... appellants have admitted that they are foreign nationals and they entered india without any permit or passport and were arrested at churachandpur, therefore, the charge under section 14 of foreigners act is fully proved against them. the sentence of 2 years r.i. is also not excessive.22. in the result, i therefore, reject the revision ..... recovered at his instance. they lead no evidence in their defence.5. the prosecution in order to substantiate the offences under sections 302, 394, 411 i.p.c. and under section 14 of the foreigners act examined 15 witnesses. the learned sessions judge after consideration of the entire evidence and all aspects of the case convicted the .....
Tag this Judgment!Court : Guwahati
..... state of punjab 1959 cri lj 90 : : 1959crilj90 and deveeramma v. state of mysore air 1960 mys 199.the above rulings go to show that, under section 30 of indian evidence act, where more persons than one are being jointly tried for the same offence, the confession made by any one of them affecting himself and any one of his ..... by the counsel for the appellants shows that the previous statement of a hostile witness can be used to contradict his evidence by complying with the formalities of section 145 of the evidence act.but, in nisar ali v. state of uttar pradesh : 1957crilj550 , it was held that the maxim 'falsus in uno falsus in omnibus' has not received ..... she stated before the committing magistrate as per ext. a/4 that she gave the statement implicating herself on account of threat by the first accused. under section 24 of the indian evidence act the threat must be by a person in authority and sufficient, in the opinion of the court, to give the accused person grounds, which would appear .....
Tag this Judgment!Court : Guwahati
..... of law they could have interfered with the decision of the assistant commissioner. in support of this, the learned advocate-general invited our attention to section 24 of the act which enabled the assistant commissioner, on appeal by the assessee to him, to enhance the assessment notwithstanding that there was no appeal by the ..... give any exemption and, against the order of the income-tax officer, he the assessees took the matter in appeal to the assistant commissioner under section 24 of the act and the learned assistant commissioner found as follows :"the appellant produced before me the articles of association of jalans charity trust as made on 27th october ..... this connection it will be useful to refer to some of the relevant provisions of the act. section 24 of the act provided for an appeal against the assessment under the act to the assistant commissioner of taxes. section 26 is the section which deals with the appeal to the board of revenue against the decision of the assistant .....
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