Court : Guwahati
..... governorpolitical 'a' departmentnotification.the 15th february 1968.no. pla. 18/68/31. - in exercise of the ?powers conferred by sub-section (1) of section 8 of the preventive detention act, 1950 (act 4 of 1950), the governor of assam is pleased to constitute a second advisory board with the following gentlemen as members with immediate effect ..... 30th may, 1961, and no. pla. 18/68/31, dated 15th february 1968, and in exercise of the powers conferred by sub-section (1) of section 8 of the preventive detention act, 1950 (act 4 of 1950), the governor of assam is further pleased to reconstitute the advisory board ?with the following gentlemen as members, with immediate effect ..... be said that the government has referred the matter to this board within thirty days from the date of detention as required under section 9 of the act.5-a. section 8(1) of the act is as follows:8. constitution of advisory boards. - (1) the central government and each state government shall, whenever necessary, constitute .....
Tag this Judgment!Court : Guwahati
..... whose affidavits have been put in. all this indicates an emphasis on the disposal of the proceeding at an early date. when, however, he is to act under section 146 criminal procedure code and to refer the matter to the civil court, his only limitation is that he has to refer it to a competent court of civil jurisdiction ..... v. mahendra singh. this was a case under article 227 of the constitution and following observations are relied upon by mr. lahiri:the provisions of sub-section (1d) of section 146 bar an appeal, review or revision under the code of civil procedure, and even under the code of criminal procedure, only so long as the magistrate ..... to any title to the immovable property. that being the position, the narrow point which is the subject matter of the controversy in a proceeding under section 145 or under section 146 criminal procedure code does not permit of any differentiation on the basis of valuation of the property. i am, therefore, clearly of opinion that the magistrate in .....
Tag this Judgment!Court : Guwahati
..... s.c.r. 241 (s.c.). their lordships in this case have, inter alia, held as follows: 'to confer jurisdiction under this section (section 34(1)(a) of the income-tax act, 1922/section 147(a) of the act) to issue notice in respect of assessments beyond the period of four years, but within a period of eight years, from the end of ..... from different hundi dealers during the accounting year was also produced. as such the main question for consideration would be whether the case comes within the ambit of section 147(a) of the act. section 147(a) reads as follows : '147. if- (a) the income-tax officer has reason to believe that, by reason of the omission or failure ..... the assessment year 1958-59. on these facts the main submission by mr. bhatta-charjee, appearing for the petitioner, is that the case clearly comes within section 147(b) of the act, and accordingly, it is barred by limitation and that the whole matter hinges upon the question whether in such circumstances as stated before, the income-tax .....
Tag this Judgment!Court : Guwahati
..... namely, the donation to recognised institutions for social, cultural and physical benefits of the people, it was undoubtedly a charitable object which comes within the purview of section 11 of the act. 4. in coming to its decision, the tribunal noticed that in the relevant years of account, the bulk of the surplus made, had been utilised for ..... , christian leprosy colony, jorhat music school, jorhat girl's college, etc. accordingly, it held that the income of the trust was exempted from tax under section 11(1) of the act and allowed the appeal of the assessee. 5. the question requiring interpretation of a document is a question oflaw. accordingly, in the first instance, we have ..... to the members of the public or in such other manner connected with the races as the trustees shall consider desirable. by quoting the provisions of section 10(23) of the act, we have already shown that such object does not come within the said exemption clause. when such fund does not come within its ambit, it .....
Tag this Judgment!Court : Guwahati
..... been fulfilled 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 the deletion of the explanation ..... the case and in absence of any explanation from the accused, we are satisfied that the evidence establishes a state of drunkenness of the accused and the conviction under section 4 of the act is fully justified.11. mr. bhuyan also drew our attention to an unreported decision of my learned brother pathak, j. in criminal revision no. 65 of 1965, disposed .....
Tag this Judgment!Court : Guwahati
..... of police, and (c) elsewhere, of a deputy superintendent of police shall investigate any offence punishable under section 161, section 165, or section 165a of the indian penal code or under sub-section (2) of section 5 of this act, without the order of a presidency magistrate or a magistrate of the first class as the case may be ..... without the order of a presidency magistrate or magistrate of the first class, as the case may be. an offence punishable under section 5(2) of the act is non-cognizable as section 15b. criminal procedure code which authorises an officer in charge of a police-station to investigate a cognizable offence without the order of a magistrate ..... was necessary. no such sanction was obtained. hence the charge for conspiracy cannot stand. the second charge was for commission of offence punishable under section 5(2) of the act 'pursuant to the conspiracy.' as no cognizance of any case of conspiracy could be taken for want of sanction, the second charge must also fail .....
Tag this Judgment!Court : Guwahati
..... by the prosecution is that the petitioner had been found in possession of the paddy in question. in order to bring home the offence under section 7 of the essential commodities act to the petitioner, the prosecution should have established that the petitioner engaged in some business involving purchase, sale or storage for sale of paddy. ..... . the seized paddy was also confiscated. as the order of the learned magistrate was not appealable as provided under sub-section (3) of section 12a of the aforesaid act, the accused petitioner moved a revision petition under section 435, cr. p. c. before the sessions judge, who has referred the case as stated above.5. the learned ..... for sale in his shop in violation of the provisions of clause 3 of the assam order 1961 and accordingly he convicted the accused under section 7 of the essential commodities act and sentenced him to rigorous imprisonment for one month and to pay a fine of rupees 500/- in default to rigorous imprisonment for another month .....
Tag this Judgment!Court : Guwahati
..... ceremonies that were essential to bring about a valid marriage alliance between rabindra and anjali had been performed.17. the expression 'proved' is defined in section 3 of the evidence act in the following terms:a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, ..... marriage on the basis of combined reading of all varieties of admissible evidence including the opinion evidence of the nature mentioned in the main body of section 50 of the evidence act.9. this brings us to the examination of the evidence in proof of the complainant's contention that a regular and formal marriage had been ..... had been validly married to anjali on 28-10-1959. in this connection, he invited the court's attention to section 7 of the hindu marriage act, 1955, and also placed reliance on section 50 of the indian evidence act, besides relying heavily on the evidence led in the case and the propositions of law enunciated in the authorities : 1965crilj544 .....
Tag this Judgment!Court : Guwahati
..... by supreme court in the case of s.c.d. swami v. state : 1960crilj131 , that the legislature has advisedly used the expression 'satisfactorily account' in section 5(3) of the act, and that the emphasis must be placed on the word 'satisfactorily'. the legislature, the supreme court observed further, has, thus, deliberately cast a burden on the ..... made by c.k. jacob during departmental enauirv against him (accused) should be read as evidence in the present case under clause (3) of section 32 of the evidence act.i also feel clear that that clause in terms is unavailing to the appellant. that clause makes the previous statement relevant only if that statement is ..... of money which was disproportionate to his known sources of income and that as such he was guilty of criminal misconduct as defined in clause (d) of section 5(1) of the act. he, therefore, convicted and sentenced the accused in the manner stated above.5. shri manisana singh, appearing for the appellant, urged two points during .....
Tag this Judgment!Court : Guwahati
..... been voluntarily made by the accused and that what she had stated therein represented a truthful picture of how tongdar had been murdered. he, therefore, convicted tomeiren under section 302, i.p.c. and sentenced her to death on holding that the murder was deliberate as well as brutal,9. the outstanding piece of evidence against the ..... the presiding judge, if such witness is produced and examined, be treated as evidence in the case for all purposes subject to the provisions of the indian evidence act. the statement made before the committing magistrate by the witness corresponds with what he deposed at the trial during examination-in-chief and during cross-examination by the ..... conflict between the two women arose at the spot and tomeiren committed the murder of her mother-in-law on spur of the moment having been provoked by some act on the part of the latter. shri munindra-kumar singh submitted, on the other hand, that motive for the murder is plainly deducible from the confessional statement .....
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