Judgment Search Results Home > Cases Phrase: indian post office act 1898 chapter ix money orders Court: guwahati Page 1 of about 15 results (0.094 seconds)

idris Ali and Etc. Etc. Vs. Ramesha Khatun and Etc. Etc.

Court : Guwahati

..... was pointed out that the said act of t986 is for the protection of the rights of divorced muslim women and therefore, such divorced muslim women, immediately on coming into force of this act can only apply under this new act and if any order had been passed by a magistrate ..... of muslim divorced wives, who had already been granted maintenance earlier by a competent court under section 125 or 127 of the cr.p.c and therefore made it express that the new act of 1986 and the provisions thereof would cover only the cases filed after the new act came into force and those cases under sections 125 and 127 which were pending. ..... word 'magistrate' has been used twice and as such the magistrate should act in accordance with the provisions of this act which means that even the high court in revision, if it is pending on the date of commencement of act cannot deprive muslim women of their rights of maintenance under sections 125 and 127 which had been allowed by the magistrate earlier and which had become final to that extent. 32 ..... act, 1952 provided for the trial of all offences under section 161, 165 or 165a of the indian penal code or sub-section (2) of section 5 of the prevention of corruption act, 1947 exclusively by special judges, and directed the transfer of all such trial pending on the date of the coming into force of the act ..... the new act of 1986, then probably what the petitioner wants to argue before this court would have been justified the legislature did not use the words 'chapter ix .....

i.C. Chakravarty Vs. Khasi Hills District Council

Court : Guwahati

..... office act, 1898 (vi of ..... hardeo das (air 1970 sc 724) (supra) that the area in question was not merely ceded for the municipal administration but the british crown exercised jurisdiction in the area under the indian (foreign jurisdiction) orders-in-council and had 'extra-provincial jurisdiction' in the area including bara bazar and in due course the power wastransferred to the dominion of india and the central government long before ..... inhabitants of the said station and its suburbs have declared themselves wholly in favour of the adoption of the said chapter therein, it is hereby ordered and declared that the application aforesaid appears to the chief commissioner of assam to be wholly according to the wishes of the inhabitants of the said station and its suburbs, and that chapter iv of the act v (bc) of 1876 shall be henceforth in force in the said station of shillong and its suburbs, ..... stipulated in the agreement entered into by me, delay sing, rajah of moleem, under date 19th march, 1861, with the british government, that the right of establishing civil and military sanitaria, posts, and cantonments within my country should remain with the british government; whereas lieutenant--colonel j. c ..... power of district council to make regulations for the control of money-lending and trading by non-tribals-(2) in particular and without prejudice to the generality of the foregoing power, such regulations may- (a) to (c) ** ** ** (d) prescribe that no person who is not a member of the scheduled .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... to the commissioner.the order of the commissioner referred to in rule 2 shall be in the following form :warrant of authorization under section 37(2) of the indian income-tax act, 1922 (xi of 1922) and rule 2 of the income-tax (search of premises and seizure of documents) rules, 1957.to(the income-tax officer)whereas information has been ..... would be clear that the ground of decision in that case was based on a classification which, in the context of the abnormal post-war economic and social conditions was readily intelligible and obviously calculated to subserve the legislative purpose, and, as such, did not in any ..... exercised under section 37(2), and, although the provisions of the code of criminal procedure, 1898 (act v of 1898), relating to searches are declared to apply under the section, none of the safeguards provided in the criminal procedure code are made applicable. ..... issuing commissions for the examination of witnesses,and any proceeding before an income-tax officer, appellate assistant commissioner, commissioner or appellate tribunal, under this chapter shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of ..... acts, which have to be passed annually, is only to fix the rate of the taxes for the year, and that it is only after the finance act for the year in question is passed and the budget proposals are placed before the parliament and passed, that the appropriation act authorising the government to appropriate moneys .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... under section 190(1)(a) of the cr.p.c, on the basis of a 'complaint', which makes allegations against a 'company' of commission of an offence, which involves mens rea as its ingredients, without indicating the natural person(s), whose act{s) is (are) sought to be attributed or is (are) attributable to the 'company', the magistrate, taking 'cognisance', may examine the complainant and his witnesses, if any, present, and the magistrate may also, in ..... charge of the accused federation at jorhat, had committed fraud and had helped the accused ujjal baruah (who is not a petitioner in these petitions) in misappropriating huge sums of money from the accounts of the accused federation at jorhat and, on the basis of the fir lodged, in this regard, by the accused federation with the police, accused ujjal ..... be remembered, with regard to the above, that in order to fasten a corporate body with criminal liability for an act or omission done by its officers or agents, it is not necessary that the act or omission, which constitutes the offence, was, in particular ..... 2 of the ipc and also various definitions, contained under chapter-ii of the indian penal code, have to be read subject to the context ..... 2 is the assistant general manager of the accused federation, posted in kolkata, he cannot be made, in the absence of any specific accusation, vicariously liable for ..... arose for consideration was whether a first information report can be quashed under section 561a of the code of criminal procedure, 1898. .....

U. JoIn Manick Syiem Vs. U. Rose Mohan Roy Myntri and ors.

Court : Guwahati

..... (1) a subordinate district council court or an additional subordinate district council court shall not be competent to try suits and cases in respect of offences -(i) under sections 124a, 147 and 153 of the indian penal code,(ii) under chapter x of the same code in so far as they relate to the contempt of a lawful authority other than an authority constituted by the district council,(iii) of giving or fabricating false evidence, as specified in section ..... be competent to exercise powers in -(a) cases relating to the security for keeping the peace and good behaviour similar to those contemplated under section 107 of the code of criminal procedure, 1898;(b) cases relating to the security for good behaviour from persons disseminating seditious matter similar to those contemplated under section 108 of the same code;(c) cases relating to the security for good ..... after sometime in october 1960 he again started working against the instructions of the siem and the siem issued orders removing him and the two assistants from their office and directing them to hand over the papers to u. ..... assam in the exercise of the powers vested in him by section 6 of the scheduled districts act xiv of 1874 made certain rules for the administration of justice and police in the khasi and ..... make regulations for the peace and good government of any such area and the regulation can repeal or amend any act of parliament or of the legislature of the state or any existing law for the time being applicable to such .....

Londhoni Devi and Others Vs. the State Through National Investigation ...

Court : Guwahati

..... decides the rights of the parties and puts an end to the controversy and thereby terminates the entire proceedings before the court so that nothing is left to be done by the court thereafter; (5) that even if the act does not permit an appeal against an interlocutory order the accused is not left without any remedy because in suitable cases, the accused can always move this court in its jurisdiction under article 136 of the constitution even ..... . das, j, as his lordship then was, observed, in aswini kumar ghosh (supra), as follows: in short, there is no escape from the conclusion that the ambit, scope and effect of the non obstante clause are to supersede the indian bar councils act and any other act only insofar as they regulate the conditions referred to therein. 38 ..... . on such a strict interpretation, only those orders would be revisable which are orders passed on the final determination of the action but are not appealable under chapter xxix of the code ..... . this does not seem to be the intention of the legislature when it retained the revisional power of the high court in terms identical to the one in the 1898 code ..... . with regard to the above, we may point out that an order, framing charge, was clearly revisable by the high court under sections 435 and 439 of the code of criminal procedure, 1898 .....

Anowar HussaIn and anr. Vs. Ajoy Kumar Mukherjee and ors.

Court : Guwahati

..... within the limits of his jurisdiction : provided that he at the time, in good faith, believed himself to have jurisdiction to do or order the act complained of, and no officer of any court or other person, bound to execute the lawful warrants, or orders of any judge, magistrate, justice of the peace, collector or other person acting judicially shall be liable to be sued in any civil court for the execution of any warrant or order, which he would be bound to execute if within the jurisdiction of the person issuing the same. ..... when the magistrate applies his mind not for the purpose of proceeding under the subsequent sections of the chapter but for taking action of some other kind, ordering investigation under section 156 (3) or issuing a search warrant for the purpose of the investigation, he cannot be said to have taken cognizance of the offence. ..... he wanted to proceed against the accused to bring him to trial in connection with an offence under section 436, indian penal code and issued warrant of arrest for securing his presence, which he could do under section 204, criminal procedure code. ..... medhi, subordinate judge, lower assam districts at gauhati in money suit no. ..... this proposition is established by the decision of lord mansfield in money v. .....

Duken Hengra Tea Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

..... said schedule entry relating to tea was replaced as under:'0.02 tea, including teabags and tea wastes 0902.10 put up in unit containers and bearing a brand name - 8% 0902.09-other nil'(ii) chapters 6, 9, and 16 were amended to include the definition of 'brand name' which read as follows:''brand name' means a brand name, whether registered or not, that is to say, the ..... notification tea was not specified and it is submitted that there was no necessity to specify it as tea was already exempted under the tariff act.11, some representations were filed by the different bodies mainly by indian tea association and united planters association of southern india and they wanted to know what is the meaning of unit container, what is the ..... high court wherein the madras high court pointed out that if a show cause notice has been issued without jurisdiction by central excise officer, there could be no valid bar for filing a writ in the high court, as such, writs are intended to ..... the respondent to place their facts before the said authorities, at this stage the high court should not interfere in the matter if any order is being passed and any direction is being passed on this application, it will only by pass the statute. ..... 1898 ac 571 in the following words:'my lords, it appears to me that to construe the statute in question, it is not only legitimate but highly convenient to refer both to the former act and to the ascertained evils to which the former act had given rise, and to the later act .....

Biharilal Agarwalla and anr. Vs. Tamizul Haque

Court : Guwahati

..... ibrahim, air 1982 him pra 95, wherein after taking note of the definition of 'landlord' as given in clause (5) of section 2 of the himachal pradesh urban areas rent control act which was in the following terms : -- '(c) 'landlord' means any person for the time being entitled to receive rent in respect of any building or rented away on his own account or on behalf ..... in the vera cruz have been noted wherein it was stated that : -- 'now if anything be certain it is this that where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered ..... submitted that after the coming into force of the wakf act, 1954, hereinafter, the act, the board established under chapter-iii of the act alone could have brought the suit. ..... sub-section (3) of this section has stated that if a notice as required by sub-section (1) be not issued, any decree or order passed in the suit or proceeding shall be declared void, if the board, within one month of its coming to know of such suit or proceeding, ..... power to spendthe wakf money for repairs and improvement ..... a postal peon, as the summons on the post-master, whereas a copy of the wakfdeed was ..... could be removed by the board from his office notwithstanding anything contained in any other law or the deed of the wakf in the circumstances mentioned in section 53 of the act. ..... indian ..... 1898 .....

Sankar Singh Vs. State of Assam and anr.

Court : Guwahati

..... where such magistrate considers--(i) when such person is forwarded to him as aforesaid; or(ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the special court having jurisdiction:(c) the special court may exercise, in relation to the person forwarded to it under clause (b), the same power which a magistrate having jurisdiction to try a case may exercise ..... intelligence officer, narcotic control bureau, new delhi, air 1990 sc 71: (1990 crilj 62) the vacation judge considered the matter in the light of the provisions of the act as it stood before the amendment by act 2 of 1989 and held that a release order of bail on default under proviso (a) to section 167(2) of the code is not an order passed in the exercise of discretion, but one passed by the command of the law and can be cancelled after the charge-sheet is filed if the ..... by the magistrate under proviso (a) to section 167(2) of the code is deemed to be release under chapter xxxiii of the code, that is, section 437 of the code. ..... involved in the later case are those punishable under the indian penal code and not offences punishable under the act and therefore the supreme court did not take into consideration the impact of the provisions of the amended act and, in particular, section 37 of the act. ..... the code of 1898 did not contain any provision similar to the proviso to sub-section (2) of section 167 of .....