Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: guwahati Page 8 of about 1,554 results (0.057 seconds)

Union of India and Others Vs. Kripesh Chandra Roy

Court : Guwahati

..... an authority incompetent to pass such order, when the proceeding is against more than a one incumbent. apart that, the writ petition has projected a ground that under section 11 of the crpf act, 1949, no major penalty such as the punishment of compulsory retirement from the service can be imposed on the delinquent. 3. on the other hand, the union ..... may extend to three months pay. it is obvious that all these offences are triable by a competent court of law. 10. rules have also been framed under section 18 of the act and are known as central reserve police rules, 1955 (hereinafter referred to as the rules) and it will be relevant here in this connection to refer to ..... imprisonment and liability to dismissal or imprisonment. in my opinion it cannot be said that a punishment of removal or dismissal from force can only be passed under section 12 of the act i.e., to say only when a person has been sentenced to imprisonment. i am strengthened in my view because a similar view has been taken by .....

Sunil Gore @ Sunil Gorh Vs. the State of Assam, Represented by the Add ...

Court : Guwahati

..... confessional statement, provided the same is found to have been made voluntarily, without any inducement, threat or promise or is otherwise not hit by sections of 25 and 26 of the evidence act. 18. now, the pertinent issue in this case is as to whether the offence committed by the appellant would amount to murder or culpable ..... promise is irrelevant in a criminal proceeding. 12. section 25 prohibits use of any such confessional statement made before a police officer and section 26 empowers the court to act upon a confessional statement made by an accused, whilst in the custody of a police officer, provided the ..... was being scolded by her for not going to work. 11. the evidence act does not define confession. sections 24, 25 and 26 of the evidence act, 1872 have laid down the circumstances which make confessional statement of accused persons inadmissible in evidence. under section 24 if a confession is made by an accused on inducement, threat or .....

Smt. Bhabani Debnath and Others Vs. the State of Tripura

Court : Guwahati

..... bring about by persuasion to do any thing. the abetment may be by instigation, conspiracy or intentional aid, as provided in the three clauses of section 107. section 109 provides that if the act abetted is committed in consequence of abetment and there is no provision for the punishment of such abetment, then the offender is to be punished with ..... instigates any person to do that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107, ipc. section 109, ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is to be punished with the punishment provided for the original ..... the person to that thing as stated in clause firstly or to do thing as stated in the clause secondly or thirdly of section 107 of ipc. section 109 of ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is to be punished with the punishment provided for the .....

Kanailal Bhattacharjee Vs. Mrs. Bhajana Biswas and Another

Court : Guwahati

..... course, framed charges against the accused for commission of offence punishable under section 138 of the n.i. act and section 420 of ipc to which the accused pleaded not guilty and claimed to be tried. 5. in course of trial the complainant examined ..... is no escape from the conclusion that complainant-respondent had not complied with the requirement of giving notice in terms of clause (b) of proviso to section 138 of the act. unfortunately, the high court overlooked this important lacuna in the complainants case. therefore, the conviction of the appellant cannot be sustained. admittedly, the ..... being compelled, the complainant filed the complaint before the learned chief judicial magistrate, agartala, west tripura praying for punishment of the accused under section 138 of the n.i. act and also under section 420 of ipc. 4. learned chief judicial magistrate transferred the case to the court of judicial magistrate, first class, who in due .....

Krishna Bordoloi Vs. the State of Assam

Court : Guwahati

..... of her previous statement and, hence, without giving any opportunity to pw5 to have her say, in the matter, in the manner as is suggested by section 145 of the evidence act, it would not only be unwise, but highly prejudicial to prosecution if we attribute, now, any importance to the contradiction, if any, between the ..... prosecution, took place. if, therefore, the evidence on record proves that the accused-appellant had caused penetration within the meaning of section 375 ipc, then, such an act would mean rape within the meaning of section 375 ipc irrespective of the fact as to whether consent of pb was or was not available to such sexual intercourse. 13 ..... committed by a person by entering into or remaining in any building used as human dwelling, the act amounts to house trespass within the meaning of section 442 ipc. when a person commits house trespass, he is liable for punishment under section 448 ipc. 39. in the present case, the accused-appellant, as the evidence on record eloquently .....

Anjan Barman Choudhury Vs. Ranjan Barman Choudhury and Another

Court : Guwahati

..... value if it is found that the property relates to the dwelling house belonging to an unpartitioned joint property for the reason that provisions of section 44 of the transfer of property act shall govern the said transfer in supersession of anything contrary thereto. 21. in view of this, this appeal cannot be admitted as it ..... law as follows: 13. though as rightly contended by learned counsel for the appellants the scope for interference with concurrent findings of fact while exercising jurisdiction under section 100, cpc is very limited, and re-appreciation of evidence is not permissible where the trial court and/or the first appellate court misdirected themselves in ..... the cpc. apart that, he also responded to the question that was taken for consideration by this court that whether in view of section 44 of the transfer of property act which stipulates that where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property .....

Deepak Paul and Another Vs. the State of Assam

Court : Guwahati

..... how the mixture of pea powder with gram powder affected the nature, substance and quality of gram powder. [15] adulteration or adulterated is defined in section 2(i a) of the pfa act. as per the said definition, there can be thirteen situations whereby adulteration can take place. but the report of the public analyst as well as the ..... after considering the evidence adduced, other materials on record and after hearing the parties held that the prosecution could establish the charge u/s 16/7 of the pfa act against the petitioners beyond all reasonable doubt. accordingly, they were convicted under the aforesaid provisions and sentenced to suffer rigorous imprisonment (ri) for six months and to ..... karimganj vide the judgment and order dated 13-12-2002 passed in cr case no.634/2001. [2] this is a case under the prevention of food adulteration act, 1954 (briefly the pfa act ). [3] the facts of the case may be briefly noted. [4] on 27-12-2000 at about 2:30 pm, the food inspector visited the .....

Jiban Das Vs. State of Tripura

Court : Guwahati

..... not specifically drawn to particular part of their statements recorded by i.o. after noting it down in the deposition sheet of the particular witnesses. section 145 of the evidence act prescribes that a witness may be cross-examined as to previous statement made by him in writing or reduced into writing, and relevant to matters in ..... dying declaration is true and free from any embellishment, such a dying declaration, by itself, can be sufficient for recording conviction even without corroboration. section 32(1) of the evidence act is an exception to the rule of hearsay and makes admissible the statement of a person who dies, whether the death is a homicide or suicide ..... peculiar condition of our society and the diverse nature and character of our belief has thought it necessary to widen the sphere of section 32 to avoid injustice. section 32(1) of the evidence act provides that statements, written or verbal of relevant fact made by a person, who is dead, are themselves relevant fact when the .....

Smt. Bulbul Sharma Vs. Vijoy Kumar Sharma

Court : Guwahati

Reported in : 2012AIR(Gau)99

..... with her husband in her matrimonial house at guwahati. due to family discord, the respondent-husband, as petitioner, filed an application under section 13(1)(ia) read with section 13(1)(b) of the act seeking dissolution of the said marriage by a decree of divorce, on the ground of cruelty and desertion, on the part of the ..... fc (civil) no. 82/2003, whereby and whereunder the learned family judge, while allowing the petition, filed by the respondent-husband, under section 13 of the hindu marriage act, 1995 (hereafter referred to as the act) dissolved the marriage, solemnised between the appellant and the respondent, on 28/11/1985. 2. we have heard mr. p.k. roychoudhury, ..... that both the parties solemnised their marriage as per hindu rites and as such they are governed by the act aforesaid. the grounds on which divorce can be sought and granted has been provided by section 13 of the act, which read as follows:- 13. divorce(1) any marriage solemnised, whether before or after the commencement .....

Piyush Chamaria Vs. Hemanta Jitani and Others

Court : Guwahati

Reported in : 2012CrLJ2306

..... natural guardian. anyone, including the accused no. 3, if desirous of taking the custody of the said child, may make appropriate application(s) under section 7 of the guardianship and wards act, 1890. instead of driving the accused-opposite party and, particularly, accused-opposite party no. 3, to make application for his own appointment as a guardian ..... if the child in question was kidnapped and wrongfully confined by the revisionist no. 3, the respondent could/should have approached this court under section 6 of the hindu minority and guardianship act as because a criminal court cannot determine the question of guardianship of a minor child. this being the position, without referring to the merit ..... the father, would not be a natural guardian, but may be appointed as a guardian in terms of the provisions of sections 6 and 7 of the guardian and wards act, 1890, inasmuch as section 7 empowers court to appoint a person as a guardian for the person or property of a minor if the court is .....