Court : Guwahati
Decided on : Jan-20-1949
..... terms. the operative part of the order in both the cases was as follows:i, in exercise of the powers conferred on me under section 2, clause (1), sub-section (a), assam maintenance of public order act, 1947 (assam act v. [5] of 1947), read with assam government notification no. hmi. 31/47 dated 21st february 1948, direct that the said bijoy ..... in identical terms. the operative part of the orders was in the following terma :now, therefore, in exercise of the powers delegated to me under section 9, assam maintenance of public order act, 1947 (assam act v. [5] of 1947), i, the said bati kanta sharma, do hereby direot that the said hemanta kumar ganguli/jiban chandra ealita be detained ..... kumar das/sukbomoy chakravarty be detained in jail custody for a period of six months with effect from the date of rervice of this order under section 2 (1)(a) of the said act, read with the same government notification.3. the period of detention was, as is clear from the order, six months in each case.4. .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-04-1949
..... speeches delivered at the meeting amount to contempt of a 'court' within the meaning of the expression as used in the contempt of courts act, under section 2 (1) of the act this court has the same power to punish contempts of courts subordinate to it as it has of punishing contempts of its own authority. the ..... .22. the proceedings are again admittedly non-judicial even if the sub-deputy collector's. bona fide believed that he was acting under the regulation. chapter vir, land eevenue manual contains rules framed under sections 129,152 and 155 (b) and (c)rule is provides that the provisions of the civil procedure code and all enactments amending the ..... investigate and report on matters which coma before him in his capacity as a eevenue officer acting under the regulation. the deputy commissioner when directing the sub-deputy collector to enquire and report did not purport to act under this section.24. section 142 of the regulation punishes failure to comply with a notice served on a person .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-22-1949
..... the accused. they included the pathway in their field and grew paddy on it. plaintiff was thus prevented from using the pathway. this act of the accused according to the complainant amounted to an offence under section 341.3. the defence was that the complainant had no right of way over the land of the accused. five witnesses were examined on ..... of private way over land or water which person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section, this exception has not been considered by the courts below, probably, for the reason that the defence that accused bona fide believed that they had right to close the ..... should not deprive them of the right to show that the evidence in the case does not exclude the existence of a belief in their mind which takes away their act from the definition of the offence. moreover, the question in controversy could not be decided properly in a summary trial on the criminal side.6. in this view of .....
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