Court : Guwahati
..... cognizable case or non-cognizable case, arrest by a warrant or without a warrant are not actually in practice observed by armed forces under 1958 act. section 4(d) of the 1955 act states any officer, warrant officer, commissioned officer or non-commissioned officer can arrest a person without warrant who has committed a cognizable offence or on ..... and, (v) formation of opinion and the trial. all the five rights are given a go by when an army official exercises power under section 4 read with section 5 of the act and it is urged citizens do not complain out of fear.44. this court in four or five cases elucidated the rights of citizens in ..... to fire upon for maintaining public order if any person is found acting in contravention of any law or order with respect of prohibition of assembly of persons or carried weapons or fire-arms, ammunition and explosive substance in contravention of the law. under sections a magistrate or police officer can dismantle arms dump, structures shelters used .....
Tag this Judgment!Court : Guwahati
..... confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.'(emphasis added).under section 2(b) of the act the 'disturbed area' means an area which is for the time being declared by ..... the least possible delay, together with a report of the circumstances occasioning the arrest.'6. the central government in exercise of the powers conferred on it by section 3 of the act issued notification dated 27-11-90 declaring the whole of the state of assam to be a disturbed area. thereafter, armed forces have been used or deployed ..... the petitioners that the use of armed forces is to aid or assist or help the civil power in view of the expression 'in aid of used in section 3 of the act, and that of shri nibaran bora, the petitioner in civil rule 2238 of 1990, about the supremacy of the civil administration, the expression 'in aid of .....
Tag this Judgment!Court : Guwahati
..... employees of the same garden did not support the prosecution story in view of their relation with the accused who was also an employee of the tea garden. section 5 of the act runs as follows:'5. punishment for making or possessing explosives under suspicious circumstances --any person who makes or knowingly has in his possession or under the control any ..... s.n. phukan, j.1. in this appeal the accused appellant was found guilty under section 5 of the explosives substance act, 1908, for short 'the act' and was convicted accordingly and sentenced to suffer r.i. for 2 years and to pay a fine of rs. 1,000/-.2. the prosecution story is that ..... that the retrated confession was not voluntary. mr. talukdar has further urged that the present conviction cannot be sustained as the prosecution failed to prove the ingredients of section 5 of the act. on the other hand mr. narzary, learned public prosecutor has urged that the confession was voluntarily made and in this connection he has taken me through the .....
Tag this Judgment!Court : Guwahati
..... a common end to be regarded as joint tortfeasors to give an analogy which is well known in criminal law joint tortfeasors would be one who acts as stated in section 34 of the ipc in furtherance of the common intention or in prosecution of the common object of which mention has been made in ..... motorcar was injured in a collision between that car and another. morris, l.j said that the two drivers both of whom were negligent were separate tortfeasors whose concurrent acts caused injury to the female plaintiff. thompson london county council, (1899) 1 qb 840 furnished another example v. of tortfeasors who were not joint, but several, concurrent ..... with a naked flame. morris followed his example and the resultant explosion damaged the premises. the defendant was held responsible for the act of morris. thus in order to be joint tortfeasors there must be concurrence in the act or acts causing damage, not merely a coincidence of separate acts which by the conjoined effect cause damage.17. in the law .....
Tag this Judgment!Court : Guwahati
..... common end to be regarded as joint tortfeasors. to give an analogy which is well-known in criminal law joint tortfeasors would be one who acts as stated in section 34, indian penal code in furtherance of the common intention or in prosecution of the common object of which mention has been made in ..... car was injured in a collision between that car and another. morris, lj. said that the two drivers both of whom were negligent were separate tortfeasors whose concurrent acts caused injury to the female plaintiff. thompson v. london county council (1899) 1 qb 840, furnished another example of tortfeasors who were not joint, but several, concurrent ..... with a naked flame. morris followed his example and the resultant explosion damaged the premises. the defendant was held responsible for the act of morris. thus in order to be joint tortfeasors there must be concurrence in the act or acts causing damage, not merely a coincidence of separate acts which by the conjoined effect cause damage.17. in the .....
Tag this Judgment!Court : Guwahati
..... filed by the state government. the case of the detenu was referred to the advisory board within 21 days from the date of detention as required under section 10 of 'the act'. the order of detention was confirmed by the state government after the advisory board had reported that there was sufficient cause for detention of the petitioner. ..... efficient guerilla band. for this shri apurba bhattacharjee said that two things were immediately necessary viz. large fund and arms/ammunitions as well as explosives. he undertook to give training in preparation and handling of explosives and hari charan sarma shouldered to give training in handling of arms and in guerilla tactics. shri khagen kataky suggested that arms ..... /explosives could be procured from zhunoboto in nagaland through naga rebels and he undertook to visit the area as he was familiar with the said area.during .....
Tag this Judgment!Court : Guwahati
..... continued detention of the petitioner is illegal as non-supply to him of the 'seizure lists' and the statement of the petitioner leading to discovery under section 27 of the evidence act pari passu the grounds of detention is an admitted and established fact in this case and violation of the constitutional mandate of article 22(5) is writ ..... grounds were vague because the basic facts and material particulars 'including the documents and statements' were not furnished to the detenu. at para 15 it is averred that no explosive was recovered from his house and that he was not in any way connected, directly or indirectly, with the upper kurua club. at para 28 it is submitted that ..... extract below the last and the fourth ground which is the focal point of challenge in this petition.on 11.7.83 the police recovered several arms and explosives from the residence of shri ratneswar das and also from upper kurua club house to which shri ratneswar das led the police party. this activity of collecting arms .....
Tag this Judgment!Court : Guwahati
..... against the proprietor of the cinema hall in may, 1983 for his participation in last general election. this refers to jorhat p.s. case no. 449/83 under section 4 of the explosive substances act.2. it has been contended by mrs. b. dutta, amicus curiae for the petitioner that ground no. 4 was non-existent at all relevant times, as annexure-4 ..... . road near new market, jorhat town and the car fled away towards sibsagar side. the bomb was blasted at the spot.i therefore request you kindly register a case under section 4 of explosive substances act.y. f.sd/- a.k. dasgupta 19-5-83.received and registered jorhat p. s. case no. 449/83 dt. 19-5-83 under ..... election and he is a treasurer of jorhat d.c.i. this refers to jorhat p. s. case no. 449/83 under section 4 of explosive substances act.5. on 8-8-83 the subject and his aforesaid associate planted explosive devices on a seat wrapped up in a newspaper just before the first show of the cinema hall was over. it was detected .....
Tag this Judgment!Court : Guwahati
..... seized from the possession of the detenu gautam saikia in connection with mariani p. s. case no. 47/83 under section 25(1) of arms act read with section 122, i.p.c. and case no. 48/ 83 under section 5 of explosive substances act read with section 122. i.p.c. as well as the two f.i.rs. in two cases above, formed an integral ..... of gautam saikia at silikha t. e. this refers to mariani p. s. case no. 47/ 83 under section 25(11(a). arms act read with section 122. i.p.c. and mariany p. s. case no. 48/83 under section 5 of explosive substances act read with section 122. i.p.c.7. it may be noted that the concluding part of recital of the ground ..... gautam saikia at hilikha t. e. the seizure referred to mariani p. s. case no. 47/83 under section 25(1)(a). arms act read with section 122. i.p.c. and mariani p. s. case no. 48/83 under section 5 of explosive substances act read with section 122, i.p.c. and (ii) copies of the f.i.rs. of the two police cases. the .....
Tag this Judgment!Court : Guwahati
..... we now state our reasons. 3. the petitioner obtained licence from the chief controller of explosives, nagpur, being licence no. ex.-25 (3) 164/ as-282/ ex in form 'l' for possession and sale of explosives under the indian explosives act, 1884 (iv of 1884), read with the explosives rules, 1940, framed thereunder. the licence was renewed from year to year after expiry ..... (iii) such penal action should not be taken against the petitioner as may be deemed fit for violation of the conditions of licence and the provisions of section 5 of the act and rule 93 of the rules. the petitioner submitted on 13-8-1982 show cause to the district magistrate, kamrup, respondent no. 1% wherein it was ..... to produce the licence in the circumstances could not amount to violation of the conditions of licence and provision of section 5 of the act, and as such, no action would lie under section 5 of the act and rule 93 of the rules framed thereunder and that the com-patent authority to take action for re-vacation of .....
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