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Judgment Search Results Home > Cases Phrase: maharashtra state commission for safai karmacharis act 1997 Sorted by: recent Court: guwahati Page 1 of about 55 results (0.068 seconds)

Jan 13 2016 (HC)

Pema Khandu and Others Vs. Nabam Rebia, Speaker of the Arunachal Prade ...

Court : Guwahati

..... pradesh framed under article 166 of the constitution of india thereby restricting the role of the chief minister in advising me in exercise of my powers under article 174(1) of the constitution of india only to matters for which the chief minister, under the constitution of india, is responsible: and now therefore, - in exercise of powers conferred upon me by clause (1) of article 174 of the constitution of india, i, jyoti ..... and quash the governor s order dated 09.12.2015 preponing the session of the arunachal pradesh legislative assembly from 14.01.2016 to 16.12.2015; governor s message dated 09.12.2015 fixing the resolution for removal of the speaker as 1st item of the business; deputy speaker s order dated 15.12.2015 quashing disqualification of the respondent nos.3 to 15 and the notification and resolution dated ..... states - (1) for every state there shall be a legislature which shall consist of the governor, and (a) in the states of [andhra pradesh,] bihar, [maharashtra], [karnataka], [tamil nade] [and uttar pradesh], two houses; (b) in other states ..... the chief minister (article 164), the advocate-general (article 165), the district judges (article 233), the members of the public service commission (article 316) are in the category where the governor is bound to act on the aid and advice of the council of ministers. ..... 1997) 10 scc 264, this court dealt with the power of the governor of the state ..... state of jammu and kashmir reported in (1997) 2 scc 745, the apex court recorded the .....

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Aug 05 2013 (HC)

Mrs. Manju Lakra Vs. the State of Assam

Court : Guwahati

..... by the accused, was voluntary and true; corroboration of statement, made in the confession, with the medical report as regards the cause of death and the evidence of the investigating officer; corroboration of the circumstances, stated in the confession, with regard to the commission of offence, by the evidence of pw1, the daughter of the deceased, that deceased used to come home in drunken condition and used to beat up accused; seizure of lathi, used as weapon, consequent upon ..... navjot sandhu, reported in (2005) 11 scc 600, held that since none of the provisions of the code of criminal procedure or of the evidence act makes it mandatory for a police officer to reduce into writing the statement, which an accused may have made, it is not only difficult, but also impossible to hold that a 'disclosure statement' cannot be proved at all if the 'disclosure statement' ..... the decisions, in duffy (supra) and boya munigadu (supra), were considered in k.m nanavati vs state of maharashtra (air1962 sc 605), and, on an analysis of the ratio, the supreme court evolved the following illustrative parameters: 1) the test of " grave and sudden" provocation is whether a reasonable man, belonging to the same class of society as ..... collector (hq), central excise collectors, cochin, reported in (1997) 3 scc 721, the supreme court has, in no uncertain words, clarified that in a criminal trial, punishable under the provisions of the ipc, it is, now, well settled legal position that confession can form the .....

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Jul 18 2013 (HC)

Arup Kumar Sarma and Others Vs. the State of Assam and Others

Court : Guwahati

..... the personal bond of rs.20,000/- (rupees twenty thousand) each to the satisfaction of the trial court, as per prescribed procedure, under the aforesaid act, within three months along with an undertaking that the accused petitioners will maintain peace and good behaviour for period of three years and shall not involve themselves in any criminal activities. 38. the trial court shall be at liberty to take appropriate steps ..... state of maharashtra (supra), the apex court while dealing with section 4 of the probation of offenders act, 1958, observed that section 4 could be resorted to when the court considers the circumstances of the case, particularly the nature of the offence, and the court forms its opinion that it is suitable and appropriate for accomplishing a specified object that the offender can be released on the ..... learned counsel pointed out that this is a fit case where the learned courts below ought to have resorted to the probation of offenders act 1958, by taking into account the aforesaid aspect of the matter as well as the length of time the accused petitioners are facing ..... launched investigation and on completion of investigation submitted charge -sheet against both accused petitioners, alleging commission of offence under section 336/427/323/34 of i.p.c. 4. ..... secured a doctorate and is presently employed as a senior assistant professor in the department of strategic and regional studies, university of jammu and that he had secured this appointment in the year 1997. .....

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Jan 03 2013 (HC)

The State of Assam, Represented by the Commissioner and Secy and Other ...

Court : Guwahati

..... in a case where the matters within the knowledge of the person against whom a proceeding is initiated, like the proceeding under the provisions of the 1946 act, as it will not only be difficult but also impossible for the state, at whose instance reference is made to the tribunal, to first lead evidence on the question as to whether a person against whom such proceeding is initiated ..... that in sarbananda sonowal(ii) (supra) the apex court has reiterated its earlier view that the burden is upon the proceedee to prove that he is not a foreigner but a citizen of india and what the state is required to do is to set out the main grounds in making the reference and once the tribunal satisfied itself about the existence of the grounds, the burden of proof would be upon the proceedee, ..... state of maharashtra reported in (2008)16 scc 705, national human rights commission ..... electoral rolls of 1966 as well as 1970 and after her marriage to jhandu mia of village no.1 bardalani, she became the resident of that village and her name appeared in the electoral roll of 1997 in respect of baghbar lac. ..... proved the electoral roll of 1997 of the same lac in order to prove that her parents name appeared in the electoral roll of 1997. ..... that her father and mothers names appeared in the electoral rolls of 1971 and 1997 (exts. ..... reported in (1997)8 scc 715 and nand ..... name of one jalil mandal, s/o abed mandal appears in the electoral roll of 1966, the name of abdul latif appears in the electoral rolls of 1985 and 1997. .....

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May 31 2012 (HC)

Thiyam Imocha Vs. the District Magistrate and Others

Court : Guwahati

..... : 1981 scc (cri) 592, ayya case (1989) 1 scc (cri) 153 and ahamed kutty case (1990) 2 scc 1: 1991 scc (cri) 258, all referred to hereinbefore, have relied on the principle that although the state is empowered to issue orders of preventive detention, since the liberty of an individual was in question, such power should be exercised by the detaining authority on consideration of relevant material, both against and in favour of the individual concerned, to arrive at a just ..... past activities which were prejudicial to the maintenance of public order and also likelihood of his continuing such activities the moment he is released from detention, was of the firm opinion that pertitioner-detenu should be detained for a period of 12 (twelve) months as provided under section 13 of the nsa in consonance with the opinion expressed by the advisory board and accordingly the governor of manipur, in exercise of the powers conferred under sub-section 12(1) of the nsa ..... act was released on bail by the court on 26.4.2010 and also likely to continue to act in the manner prejudicial to the security of the state and maintenance of public order, and also that an alternative preventive measure is called for. ..... state of maharashtra: (1982) 3 scc 383: 1983 scc (cri) 59(2) this court reiterated the legal position and observed that mere service of the grounds of detention is not a compliance with the mandatory provisions of article 22(5) unless the grounds ..... manipur rifles in 1997 on medical grounds. .....

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May 18 2010 (HC)

Deepak Kumar Poddar Vs. State of Assam and ors.

Court : Guwahati

Reported in : (2010)31VST8(Gauhati)

..... goods as may be specified therein by way of full or partial exemption of any tax payable under this act on the raw materials or other input purchased by them within the state or on the manufactured goods sold by them within the state or in the course of inter-state trade or commerce for such period or periods as may be specified or by way of deferment of the tax payable by them under this act for such period as may be specified and subject to such other restrictions and conditions as may be provided ..... mahalaxmi stores : (2003) 129 stc 79 : (2003) 1 scc 70 which insists on emergence of a new commercial commodity so as to attract the same definition as contained in the assam act (the apex court was considering the definition of 'manufacture' in the bombay sales tax act, 1959 which is same as in the assam act) though, can be understood as striking a somewhat discordant note, can be explained as a decision earlier in point of time to the one rendered in sonebhadra fuels case : (2006) 147 stc 594 (sc) : ..... it is the pleaded case of the petitioner that in the industrial policy resolution announced by the government of assam in the year 1997, amongst others, individual industrial units established after april 1, 1997 were promised sales tax exemption on the sale of finished products as well as on the purchase of raw materials. ..... decision in state of maharashtra v. ..... decision of the apex court in state of maharashtra v. ..... has relied on a judgment of the apex court in state of maharashtra v. .....

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Mar 17 2009 (HC)

Rajiv Phukan and anr. Vs. the State of Assam

Court : Guwahati

Reported in : 2010CriLJ338

..... statutorily required to be reduced into writing; but prudence demands that when a statement has been made by an accused person, while in the custody of a police officer, and the investigating officer intends to act upon the statement, then, the investigating officer should record, at least, that part of the statement, which is likely to lead to the discovery of a fact so that a contemporaneous record remains available to prove that ..... the dao, which he had brought along, and that the blood sticking to the dao is of his sister-in-law are inadmissible pieces of evidence under section 27 of the evidence act inasmuch as the statement, so made, amounts to confession made to the police and the same did not lead nor can the same be claimed to have led to the discovery of the ..... really led to the discovery of the facts aforesaid, was the statement, 'shall show the place, where 'nabow' is lying', for, it was acting upon this information that the police had come, led by the accused, to the house, in question, and found the dead ..... state of maharashtra : 1976 cri lj 481 and state of maharashtra ..... to lead to the discovery of the fact that a knife is kept concealed in the house of the informant to his knowledge and if the knife is proved to have been used in the commission of the offence, the fact discovered become very relevant. ..... bhup singh reported in : (1997) 10 scc 675, the dying declaration had been recorded not in the language in which the deceased was claimed to have made the dying ..... 1997 .....

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Jan 08 2009 (HC)

Lukba Rime and Etc. Vs. State of Arunachal Pradesh

Court : Guwahati

Reported in : 2009CriLJ3100

..... of the perpetrator, sri tapok talom, pw-3, miss hende doke, however, deposed that she 'came to know the name of the accused from sri nyali bagra & bato' but it is not stated by her as to how the said persons came to know about the involvement of the accused persons and when the identity of the accused persons was disclosed to her, and more importantly, when ..... the case being one of sexual intercourse on mutual consent and the prosecution having failed to prove the charge of commission of rape, the learned trial court committed serious error in convicting the appellant, tapok talom and the same is ..... under the penal code, one has to be alive with the universally accepted observations made at times by the apex court that rape is an obnoxious act of highest order against the entire society, a dehumanizing act against basic human and fundamental rights; for a women is ravished against her will per force, fear or fraud causing not only physical scar but also a deep sense of deathless shame pushing ..... state of maharashtra reported in : ( ..... counsel for the appellant, lukba rime, submits that although lukba rime was named as an accused in the fir dated 21.4.1997 lodged by the victim girls, none of them has stated against him in the statement made under section 164 of the cr.p.c before the magistrate and also in ..... state of maharashtra as reported in : (2007) 2 scc 170 : air 2007 sc 155 held that mere delay in lodging the report may not by itself be fatal to the case of the prosecution but the delay .....

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Nov 27 2008 (HC)

Madan Kumar and anr. Vs. State of Assam

Court : Guwahati

..... one dab along with soil stains with blood from the place of occurrence and seized some clothes with blood stains from the house of the accused persons and sent the dead bodies for autopsy to guwahati medical college and sent the soil with blood stains collected from the place of occurrence, the weapon, the hairs found fixed with the dao with blood to the ..... the second count and has further convicted for commissioning of offence punishable under section 460/34, ipc and sentenced to imprisonment for 10 (ten) years and fine of ..... state of maharashtra ..... who sustained injuries at the time of occurrence and identified by them while resisting to save mina kumari (since deceased) cannot be doubted merely for non seizure of lamp in the case and therefore the case referred to is not applicable in the instant case. ..... 15 are consistent except certain minor contradictions in regard to the commission of crime by the appellants herein and their evidence are trustworthy in respect of time of occurrence, assault of the deceased, injuries sustained by ..... other words even in the obsence of oath the evidence of a child witness can be considered under section 118 of the evidence act provided that such witness is able to understand the questions and able to give rational answers thereof. ..... bonti pator, an injured person on the day of commission of crime who was in hospital for a month as indoor patient. ..... support of his contentions he has relied on a decision reported in : (1997)5scc341 , (dattu ram rao sukhare v. .....

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Sep 12 2008 (HC)

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

Court : Guwahati

..... produce;(xvii) with the previous sanction of the board, any other purpose which is calculated to promote the general interests of the committee or the notified market area or with the previous sanction of the state government, any purpose calculated to promote the national or public interest.their lordships in particular dismissed the purposes namely construction and repairing of approach roads, culverts, bridges and other such purposes; propaganda in ..... pendency of the earlier round of litigation before this court, the government of india, ministry of rural areas and employment (department of rural development), directorate of marketing and inspection, introduced amendments to the state agricultural produce market (regulation) act, 1998 (for short hereafter referred to as the 'model act 1998'), following the recommendations of the high powered committee on agricultural marketing and study of the marketing regulations and ..... ; or(i) if in pursuance of the agreement of sale or purchase, the agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.though, explanation-i of unamended section 21 clarified that for the purpose thereof, all notified agricultural produce taken out or proposed to be taken out of a market area would, unless the contrary is proved, be presumed to be bought or sold within the said area, rule 21(7) was construed to ..... dispatched by traders of other states on commission basis to the members of ..... maharashtra ..... 1997 .....

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