Court : Guwahati
Decided on : Nov-09-2006
..... habeas corpus directing the release of the detenue forthwith. the order of detention dated 1.6.2006 was made by the district magistrate, kamrup (metropolitan) under sub-section (2) of section 3 of the act. the order directed his detention in central jail, guwahati for a period of three months from the date of issue of the order. the detenue at the relevant ..... is further alleged that the detenue was arrested in connection with chhaygaon p.s. case no. 6/2006 was registered under section 120(b)/121/122/427 ipc read with section 3 of e.s. act and 10/13 ua(p) act on the ground that ulfa activist monoj rava revealed that ulfa group leader prabal dutta handed over a bomb to him 'to ..... cause an explosion and as per instruction he caused the explosion of the bomb on 24.1.2006 at 11.55 p.m at .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-06-2006
..... it is found that there is substance in the allegation, the victim should be suitably compensated by the state and the requisite sanction under section 6 of the central act should be granted for instruction of prosecution and/or a civil suit or other proceedings against the person/ persons responsible for such violation.22 ..... and steel glass etc. remained intact. the deceased, even according to the version of the army, while opening the door of the hut, got injured in the explosion and reduced into pieces of human flesh, but the ulfa literature, ammunition, medicines, tooth brush, tooth paste, aluminium vessels, steel glass etc. remained intact. concoction ..... lots of arms and ammunitions, medicines, letter pads, literature, tooth brush, tooth paste, aluminiunl vessels, steel glass etc. everything else got perished in the explosion except the seized articles which remained intact. the human flesh found in the hut was collected by the army and handed over to the police for postmortem examination .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-21-2006
..... area, prohibiting the assembly of five or more persons or the carrying of weapons or things capable of being used as weapons or fire-arms, ammunition and explosive substances.section 5 : powers to destroy arms, fortified positions, etc. - any magistrate or police officer not below the rank of sub-inspector or any officer of the ..... s movement of human rights air 1998 sc 431 (supra).16. for the sake of clarity, let me quote hereinbelow, section 6 of the said act, which reads as follows:section 6 : protection of persons acting under sections 4 and 5 - no suit, prosecution or other legal proceeding shall be instituted except with the previous sanction of the ..... substituted.(2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.(3) the state government may, by notification, direct that .....
Tag this Judgment!Court : Guwahati
Decided on : May-18-2006
..... in national insurance co. ltd. v. mastan and anr. 2005 air scw 6305. the hon'ble supreme court held as follows:13. section 143 occurs in chapter x of the 1988 act. section 144 contains a non-obstinate clause stating that the provisions of the said chapter shall have effect notwithstanding anything contained in any other provisions of ..... vehicle with crpf personnel on way to rangjuli. on the way at bhalukjuli, while passing over a wooden bridge, the vehicle was blown off by a remote controlled explosive device by extremists. as a result, dara singh sutradhar along with two other persons died. the vehicle was insured with the appellant company. the death of the driver ..... the objection raised.6. at the time of admission of this appeal no substantial question of law was formulated as is required under the proviso to section 30 of the act. considering the pleadings, it has been decided to hear this appeal on the following question of law:whether the respondents-claimants who are the brother and .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-22-2006
..... paid by the petitioner company under rule 9(2) read with section 11(a) of the act ande) a penalty should not be imposed under the provision of the sub-rule 1 of rule 173 q of ..... the differential duty should not be demanded from the paid by the petitioner company under rule 9(2) read with section 11(a) of the act;d) central excise duty amounting to rs. 61,711.27 being the differential duty should not be demanded from the ..... .01 passed by the commissioner of central excise, shillong confirming the demand made in terms of the provision of section 11(a)(2) of central excise act, 1944 and in addition imposing the penalty of rs. 2,50,000/- in terms of the provision of ..... sunil gupta, learned counsel appearing for the petitioner, contended that the remedy before the tribunal under the u.p. public service tribunal act is wholly illusory inasmuch as the tribunal has no power to grant an interim order. therefore, he contends that the high court ought .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-22-2006
..... the knowledge of al, the learned trial court ought to have attempted to ascertain if al could be held guilty of offences under section 420 and 13(1)(d), read with section 13(2) of the prevention of corruption act, for, the fact that forgery was committed is an admitted fact and that the amounts have been fraudulently withdrawn is, again, ..... , 420, 468, 465 and 471 ipc. by this impugned judgment and order, al was also acquitted of the charge framed against him under section 13(2) read with section 13(1)(d) of the prevention of corruption act. aggrieved by the acquittal of the two accused-respondents, the state has preferred the present appeal.2. i have heard mr. d.k. ..... following the complaint and treating the same as first information report, the c.b.i, registered a case under sections 120 b/420/468/471 ipc and under section 13(2) read with section 13(1)(d) of the prevention of corruption act. during the course of investigation, 'the c.b.i, seized a number of documents and got many of these .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-21-2006
..... and would defeat justice.11. accordingly, this court is of the opinion that the registrar while discharging his functions by acting on information given under section 7(2) of the act, is competent to act on informations irrespective of the territorial limits of his functioning, provided that the informations relate to a person who was a ..... can be described as a piece of beneficial legislation. keeping the aforesaid legislative intent in mind, it would now be appropriate to examine the provisions of section 7 of the act with regard to the power of the registrar.6. during the deliberations before the court, assistance has been provided by participation, of mr. b. ..... envisaged of the registrar.however, where informations about births and deaths are expected to come to the registrar from various sources visualized under sections 8, 9 and 10 of the act, the registrar has not been fastened with a territorial limit for entering such informations in the register maintained by him. if the legislature .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-19-2006
..... ltd. v. state of assam [2007] 8 vst 314, holding that transfer of right to use equipment, plants/machinery are the lease within the meaning of section (2)(33) (4) of the agst act.22. the apex court again in the case of bharat sanchar nigam ltd. : [2006]282itr273(sc) has laid down the necessary criteria for determining a transaction ..... learned counsel are also similar and identical to the effect that there has been no transfer of use of goods, attracting definition of 'lease' under section 2(43) (iv) of the value added tax act and as such, ongc has no authority to deduct tax at source from the respective bills of the petitioners.12. the learned counsel for the petitioners ..... control over those vehicles, so as to utilise the vehicles in the manner they like and consequently it squarely attracts the provisions of section 7 of the assam general sales tax act and section 105 of the assam value added tax act, 2003, saddling the liability to pay tax to the state.10. so far as w. p. (c) no. 2416 of .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-19-2006
..... facts and circumstances having a bearing thereon.the fact that ext. 7, in the instant case, was a registered document, is significant by itself. section 60 of the registration act, deals with certificate of registration of a document presented there for. it enjoins that on the compliance of the necessary legally prescribed formalities, if ..... appellate court was required to adhere to the observations made by this court, while deciding the appeal afresh on remand.12. the debate having centered around section 90 of the act, it is time now to deal therewith. the above provision permits drawal of a presumption, if the document concerned is thirty years old. thereunder, ..... of the appeal, the following two substantial questions of law had been framed.i) whether the learned appellate court committed error in not applying section 90 of the evidence act regarding the execution of ext. 7.ii) whether the learned appellate court committed error in substantial questions of law by making a finding contrary .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-19-2006
..... though specific role in the offence may not be attributable to the two decused appellants, the accused-appellants cannot escape their liability for the offence of dacoity under section 396 i.p.c. committed at gajaria village. all the essential ingredients of offence of dacoity with murder are present in the instant case. it is clearly ..... doubt that the two appellants naresh and shib charan were apart of a group of more than five who committed dacoity. it is also established that they were acting conjointly. murder has been committed by one or more persons of this group leading to death of three persons. it is also clearly established that murders were ..... hide their identify, were making utterances towards the victims to make sure that they definitely and positively identify the attackers. this indicates that the accused persons were acting like dare devils and this would explain why they did not make any attempt to hide their identities from the victims. the utterances made in bengali by the .....
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