Court : Guwahati
I.A. Ansari, J.1. Whether Section 32-A completely bars jurisdiction of the appellate Courts to suspend, by invoking the provisions of Section 389(2), Cr.P.C., the sentence passed against a person following his conviction for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the NDPS Act')? If the embargo, placed by Section 32-A, on the powers of the appellate Courts to suspend, by invoking its powers under Section 389(1), Cr.P.C., is not absolute, what are the parameters of such power of suspension in respect of a person, who stands convicted and sentenced for having been found to have committed an offence under the NDPS Act? These are the two major questions, which this Misc. Case has raised.2. On being tried, along with two other persons, on a charge, framed under Sections 20(b)(ii)(B) of the NDPS Act, for having been allegedly found, on 14-6-2000, in possession of ganja (Cannabis) without any authority of law, the accused-petitioner and the said ...
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I.A. Ansari, J.1. The present writ, petitioners instituted, as plaintiffs, Title Suit No. 91 / 97, in the Court of the Civil Judge (Senior Division), No. 2, Kamrup, Guwahati, seeking declaration of their rights, title and interest over the suit property and recovery of possession thereof by evicting the defendant-respondent herein from the suit property. By the judgment and order, dated 24-12-2003, the said suit was decreed in favour of the plaintiffs-petitioners. The decree, so granted, came to be challenged by the defendant-respondent herein, as appellant, in Title Appeal No. 1/2004. When the appeal came up for hearing on 27-9-2004, the counsel for the defendant-respondent was found absent. The appeal was, therefore, dismissed for default on 27-9-94.2. A petition seeking re-admission of the appeal was made by the defendant respondent herein on 12-4-2004. Pending disposal of the petition for re-admission of the appeal, which had been filed by the defendant, the decree, in question, w...
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C. Jagannadhacharyulu, J.C.1. In all the above cases referred to this Court either by the Additional Sessions Judge or by the Principal Sessions Judge, Manipur, under Section 438 Cr.P.C., the common question which arises for determination is whether the affidavits, sworn before any Magistrate, other than the concerned District Magistrate or S.D.M. or Magistrate First Class, before whom proceedings under Section 145 Cr.P.C. are pending, should not be considered by him in coming to a conclusion under Section 145(4), Cr.P.C.2. In the above cases, affidavits, sworn before Magistrate, either First Class or Second Class in Manipur, were filed in the proceedings under Section 145 Cr.P.C. before the S.D.Ms. in the various cases. They were not sworn before the concerned S.D.Ms. before whom the proceedings were pending. The S.D.Ms. relied on them and passed orders under Section 145(4) Cr.P.C. The aggrieved parties assailed the orders in revision before the Sessions Court, Manipur. The Additiona...
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Brij Narain J.C.(1) Sri Sagolsem Indramani Singh, Sri R. K. Maipak Sana Singh, Sri Yengmaso and Sri Wahengbam Pralhada Singh have brought this appeal against the order of Sri Niladhawaja Singh, Sub-Divisional Officer, Sadar and Magistrate First Class, Manipur dated 12-10-1953 sentencing the convict appellants to 6 months' rigorous imprisonment each, on each of the charges Under Sections 124A and 153A, IPC But the sentences have been ordered to run concurrently. The appellants had also been charged Under Section 120-B, IPC but they were acquitted under the aforesaid charge.This appeal should, under the provisions of the Code of Crimnial Procedure, 1898, have been filed in the Court of Sessions Judge, Manipur, but as the Code of Criminal Procedure has not been enforced in Manipur under the Merged States (Laws) Act, 1949 and Part C States (Laws) Act, 1950, the provisions of Manipur State Courts' Act, 1947, are applicable where they are against the provisions of the Code of Criminal Proce...
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Ram Labhaya, J.1. This is a petition under Article 226 of the Constitution of India for a writ in the nature of mandamus, certiorari and also for other suitable writs or orders. It arises out of three assessments made under the Assam Sales Tax Act, 1947. The three periods of assessments are :--(1) from 1st April, 1951, to 3oth September, 1951; (2) from 1st October, 1951, to 31st March, 1952; (3) from 1st April, 1952, to 3oth September, 1952. In respect of these periods the petitioner was assessed on certain items of turnover amounting to Rs. 50,823, Rs. 1,05,685 and Rs. 1,73,820 respectively. The turnover in each case was from tea chests and machine parts which were purchased at Calcutta by the petitioner's head office and despatched to the petitioner in Assam for use in its business, namely, manufacture and sale of tea. The assessments were made under the second proviso to Section 2 (12) of the Assam Sales Tax Act, 1947, which provides that any use by a dealer from his stock of any g...
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P.K. Goswami, J.1. This application under Article 226 of the Constitution of India is directed against an older dated 22nd September, 1968 passed by the General Manager, N.F. Rly informing the President of the North-East Frontier Rly. Mizdoor Union and the General Secretary of the said union by telegram and a letter of the same date that the recognition of the Union was withdrawn.2. The petitioner's case is that it is a Trade Union of non-gazetted employees, registered under the Indian Trade Union Act, 1926 and that it was accorded recognition by the Railway Administration as early as 1958. The petitioner states that it decided to call a token strike of its members on the 19th September, 1968 as per decision of the All India Rail way men Federation and the Joint Council of Action. On 3rd September, 1968, the petitioner gave notice of a taken strike on the 19th September, 1968 to the General Manager of the N.F. Railway as also to the conciliation officer under Section 22 of the Industr...
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Das, J. 1. This is an appeal under Clauses 15 of the Letters Patent against the judgment and decree of the learned single Judge of this Court dismissing the First Appeal No. 57/69 of the appellant. The appellant was the defendant in Original Title Suit No. 22/65 in the Court of the learned Assistant District Judge, Dibrugarh, a suit instituted by the present respondent for realisation of an amount of Rs. 19,800/- on account of a loan against a mortgage deed which was executed by the defendant in favour of the plaintiff.2. It is not necessary to narrate the plaintiff's case in details as the learned Single Judge has narrated the case of the plaintiff and the defendant respective as set out in the pleadings. However, to get the grip of the background and to appreciate the contentions of the parties, it would be convenient to put respectively cases of the parties in brief :The plaintiffs case is that the defendant No. 1 borrowed a sum of Rs. 10,000/- on 24-5-57 from the plaintiff mortga...
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I.A. Ansari, J. 1. Being adventurist by nature, man has, generally, opted to take risks. Being unable to bring under control his instinct for greed, man has been indulging in adventurist activities, which may make him own worldly materials. Thus, a combined instinct of adventurism and greed has always drawn man to gambling and betting. Though detested from time immemorial, gambling and betting have continued, sometimes, on account of man's failure to win over his instinct of adventurism and greed and, sometimes, at the initiative taken by others to draw man to gamble in order to reap benefits. Lottery has been one of such forms of gambling since 100 B.C. It was Cheung Leung of China's Hun Dynasty, who created game of lottery of keno to raise funds for his army in the year 100 B.C. By drawing his war-tired people to indulge in this game of chances, he not only made them contribute to his army, but also helped fund the Great Wall of China. As a game of chance, lottery became nothing bu...
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U.L. Bhat, C.J.1. Two of the accused in Case No. 1/CL/NDPS/BPB/92 of the Customs and Central Excise, Crime Branch, have filed these applications for bail Under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) read with Section 439 of the Code of Criminal Procedure, 1973 (for short, the Code). The allegation against them is that they have been found dealing in heroin, a psychotropic substance and committed offence punishable Under Section 22 of the Act. The punishment prescribed is rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and fine. The applications are opposed by the learned Addl. Central Government Standing Counsel appearing for the officers of the Customs and Central Excise Department and the learned Public Prosecutor appearing for the State of Assam.2. Information was received, offence was detected and investigation was initiated and conducted by an officer of the Customs a...
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K.N. Saikia, J. 1. The statement of the case is : That the assessee is an individual. In making the assessment for the assessment year 1969-70, corresponding previous year being 1375 B.S., the ITO added a sum of Rs. 675 being the rent received for the house in holding No. 401. In his order the ITO had not given any reasons or materials for making that addition. The assessee appealed to the AAC and brought to his notice that the assessee was originally the owner of the house property in holding No. 401 which was gifted by him to his wife in the year 1954, and since then the income therefrom was being enjoyed by the wife to the complete exclusion of the assessee. The assessee also claimed that that income had not been included in his total income in any of the preceding assessment years and, therefore, the ITO was not justified in adding it to his income in the assessment year 1969-70, and that too without giving any reasons. The AAC accepted his contention and held that the income fro...
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