Judgment Search Results Home > Cases Phrase: national investigation agency act 2008 section 21 appeals Court: guwahati Page 1 of about 104 results (0.068 seconds)

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

Court : Guwahati

..... be heard on merit, a preliminary objection has been raised by the respondent herein, namely, national investigating agency, the preliminary objection being that these appeals, which have been preferred under section 21 of the national investigating agency act, 2008 (in short, nia act, 2008), is not maintainable in law inasmuch as an order framing charge in a case, which is investigated by the nia and covered by the provisions of the nia act, 2008, is an interlocutory order and sub-section (1) of section 21 specifically bars appeal from being entertained by high court against any interlocutory order of a special court, which ..... das, learned standing counsel, nia, that the provisions, embodied in section 21 of the nia act, 2008, are in pari materia section 34 of the prevention of terrorism act, 2002 (hereinafter referred to as pota) and this court has already held, in redaul hussain khan vs- national investigation agency, reported in 2009 (3) glt 855, that the provisions of section 21 are in pari materia section 34 of the pota. 9. ..... section 3 of the nia act, 2008, therefore, empowers the central government to constitute a special agency to be called national investigating agency for investigation of scheduled offences, which means that offences, other than the scheduled offences, are, ordinarily, left to be dealt with by other agency or the state agencies. .....

Mohet Hojai, Assam Vs. The Union of India, Represented by the Secretar ...

Court : Guwahati

..... petitioner has also prayed for a declaration that the criminal proceedings in the cbi sc no.12/2010 and 10/2010, now pending before the cbi court are not maintainable in view of the provisions of the national investigation agency (nia) act, 2008. ..... according to the petitioner, during the course of the cbi court trial, he could discover that as per the provisions of section 14 of the nia act, 2008, there cannot be two parallel proceedings, one in the nia special court and the other in the cbi special court, having regard to the transaction in which the petitioner is said to be involved. ..... , learned counsel for the petitioner has also referred to the clause relating to definition of section 2 of the nia act, 2008 so as to emphasis the meaning of the term special court . ..... main thrust of the argument of the learned counsel for the petitioner is in reference to section 14(2) of the nia act, 2008, which in my considered view will have to be understood in the context of the provisions of sections 8 and 10 of the nia act, 2008. ..... in the impugned order dated 22.10.2013, the learned special judge, cbi referring to the relevant provisions of nia act, 2008 including the provisions of sections 14 and 19, has held thus:- having heard ld advocates for both sides i cannot but agree with ld pp since it is specifically provided in s-19 of nia act that the trial of a case under nia to be tried on day to day basis on all working days and shall have precedence over trial in any other case against the .....

Navendra Kumar Vs. Union of India and Another

Court : Guwahati

..... dspe, while functioning in any state, shall be subordinate to the superior officers of the state police; whereas, in the case of cbi, while investigating a case, in any state, purportedly, by virtue of its powers under section 5 read with section 6 of the dspe act, 1946, the cbi investigators reports to their own hierarchy of officers and not to the superior police officers of the police station within whose local jurisdiction he, as a cbi officer ..... have been referred to, and relied upon, by the learned asg, are not applicable to the issues, which have been raised in the writ petition and the present appeal inasmuch as the principal issue, in the writ petition and the writ appeal, is as to whether the cbi is a constitutionally valid police force and, in none of the decisions, which have been referred to, and relied upon, by ..... to legislate on the subject of police and, therefore, the central government could not have taken away the power, which so belongs to state legislatures, and create or establish an investigating agency, in the name of cbi, adversely affecting or offending the fundamental rights, guaranteed under part iii of the constitution of india. (v). ..... made it clear to this court that the said records were no longer classified documents, the same having been obtained from the national archives and could, therefore, be perused by the parties concerned. 26. ..... (air 2008 sc 403), wherein the supreme court has pointed out that the reason or principle, on which a question before .....

State of Assam Vs. Rabindra Nath Guha

Court : Guwahati

..... a case beyond reasonable doubt whereas germful investigation where lurk doubts and suspicions, eat up the foundation of an otherwise strong prosecution case and the courts are compelled to acquit the accused on benefit of doubt.has the investigation agency performed its duties which it was obliged to do under the constitution of india and the laws have the judicial officers who came in aid of the investigating agency performed their duties to elucidate truth and nothing ..... the police must make antiseptic investigations it should leave no germs or virus of reasonable doubts nor should the investigating agency exhibit imbalance in favour of ..... have already stated how the investigating agency showed lack of interest.9 ..... of the cases, the accused are poor and the responsibilities of the investigating agencies are very onerous. ..... this is only one of the lapses on the part of the investigating agency. ..... believe that an officer-in-charge of the police station would have ignored it and continued to investigate the case although it contained allegation of murder and concealment of dead body inside the room. ..... dealing with the provisions of section 165 of the evidence act and section 172 of the cr. p. ..... these were the reasons why we allowed the appeal of the accused, set aside convictional sentence and directed his release vide our ..... national coal board (1957) 2 all er 155 : (1957) 2 wlr 760 and instructive observations of his lordship in ilr (1972) andh pra 683 : 1972 cri lj 1485, sessions judge, .....

Mithun Hagjer Alias Action Dimasa Vs. State of Assam and ors.

Court : Guwahati

Reported in : 2009CriLJ4370

..... if the accused was not already released, despite having been granted bail, for reasons beyond the control of the court, and, in the meanwhile, charge-sheet is submitted by the investigating agency expressing apprehension that if the accused is released on bail, there is likelihood of the accused absconding and/or that the accused would not be available for trial and the court, which had ..... bail has been granted on expiry of the prescribed statutory period, but the accused has not been released on account of some legally valid reasons and if, in such a case, the investigating agency, while laying charge-sheet against the accused, satisfies the court that if released on bail, the accused is not likely to be available for trial, it would be within the ambit ..... we took the decision to hold the enquiry in the light of the provisions of section 7-a of the said act inasmuch as section 7-a makes it clear that whenever a claim of juvenile is raised before any court or a court is of the opinion that accused person was a juvenile on the date of ..... dated 13-2-2009, passed by this court, the petition filed against the order, dated 29-9-2008, aforementioned, a criminal revision challenging the legality and correctness of the order, dated 29-9-2008, whereby learned court below had cancelled his bail, as already indicated hereinbefore, in haflong ..... because he had already been, in terms of the provisions of national security act, 1981, placed, under preventive detention, with effect from 4-10-2007. .....

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

Court : Guwahati

..... to ensure proper investigation and also having regard to integrity and sovereignty of the nation, once investigation relating to the nationality status of a person starts he must inform the investigating agency in writing about the change of residence, if ..... be found out in the village where he is reported to reside or in the place where he ordinarily resides or works for gain, the investigating agency has to record the same in presence of the village elder or the village headman or any respectable person of the locality, which in turn would ensure visit of the investigating officer to the place where such person ordinarily resides or reported to reside or works for gain and making of an effort to find him out ..... in case such person has failed to intimate the investigating agency in writing the subsequent change of his place of residence, the investigating agency has to mention the same in his report with his opinion relating to the status of such person on the basis of materials collected at the place where ..... change of place of residence, which has been duly intimated in writing to the investigating agency by the proceedee, the tribunal shall issue notice in such changed address. ..... case no.3299/2008 filed in wa no.238/2008, which applicant was also heard by the division bench while disposing of the said appeal, has submitted that the view taken by the division bench in moslem mondals case is contrary to the provisions contained in section 9 of the 1946 act and also the principles of .....

Ramchandra Rabidas Alias Ratan Rabidas Vs. State of Tripura

Court : Guwahati

..... differently, it was contended that since the mv act is a new legislation and later in point of time to ipc, it cannot be said that the legislatures did not visualize these aspects to give a free hand to the investigating agency or courts to readily invoke the provisions of ..... punishments for the aforesaid offences, precisely under chapter xiii, the legislature has also empowered the courts and investigating agency to disqualify the guilty drivers or suspend and cancel their driving licence in addition to awarding substantive punishment. ..... act is that of six months for the first offence whereas if the investigating agency and courts invoke the penal provisions ..... accidents account for 33.6% of total accidental deaths both the drivers as well as the investigating agencies are totally oblivious to this situation. ..... ) as the court may specify and the plea of guilt indicated in the money order coupon itself.provided that the court shall, in the case of any of the offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving licence to the court with his ..... (2) the operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order ..... and suicides in india' reports, published by the national crime records bureau, govt. ..... (2008)2scc417 ..... 2008 .....

Harendra Kumar Deka Vs. State of Assam and ors.

Court : Guwahati

..... collect intelligence relating to matters affecting public peace, and all kind of crimes including social offences, communalism, extremism, terrorism and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting, as appropriate on it themselves;(m) to take charge, as a police officer on duty, of all unclaimed property and take action for their safe ..... relating to extradition, or otherwise, liable to be apprehended or detained in custody in india; or (h) who, being a released convict, commits a breach of any rule, made under sub-section (5) of section 356; or (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the ..... on the further defence whether the accused was justified in killing within the ambit of section 3 of the criminal law act (northern ireland) 1967, on the facts of the case, the court of appeal recorded that there was nothing in the evidence of the case that the accused thought that the driver ..... cooperating with other relevant agencies in implementing due measures for prevention of crimes;(f) to accurately register all complaints brought to them by a complainant or his representative, in person or received by post, e-mail or other means, and take prompt follow-up action thereon, after duly acknowledging the receipt of the complaint;(g) to register and investigate all cognizable offences coming .....

Bimal Kumar Chanda Vs. State of Tripura and ors.

Court : Guwahati

..... there are thus likely to be some complaints of human rights violation in these areas and if persons who suffer such violation of humanrights are made to lodge their complaints to the headquarters of the national human rights commission in delhi and await investigation by the agency of the national human rights commission in delhi, speedy recourse to justice in case of human rights violation may not be achieved. ..... sana, learned counsel for the petitioner, submitted that the preamble of the protection of human rights act, 1993, (hereinafter referred to as 'the act, 1993'), makes it clear that the act, 1993, has been made for the constitution of a national human rights commission, state human rights commissions in states and human rights courts for better protection of human rights and for matter connected therewith or incidental thereto. ..... chakraborty, relying on the averments in the affidavit-in-opposition filed on behalf of respondents-1 and 2, submitted that the word 'may' in section 21 of the act, 1993, indicates that a discretion has been vested in the state government to constitute or not to constitute a state human rights commission. ..... but the national human rights commission in its annual report for 1998-99 has appealed to different state governments to set up state human rights commission, paragraphs 15.8 and 15.9 of the said annual report of the national human rights commission -1998-99 which are relevant for this case are quoted hereinbelow: '15.8. .....

Joynath Sharma Vs. State of Assam and ors.

Court : Guwahati

..... emphasis added)there is thus an implied duty not only on the detaining authority but on the machinery of detention to act fairly and justly and the agency responsible for supplying the materials to the detaining authority for exercising powers under section 3(2) of the act must behave in a responsible manner and bring all relevant facts which have a bearing on the issue to the ..... court was that it was not the duty of the state government to forward the representation; all that the state government had to do under section 3(5) of the act was to make a report of the detention to the central government and to send therewith a copy of the grounds of detention as contemplated under section 3(5) of the act, which it had, done on 29-11-1982 in due compliance with the said provisions.4. the order of detention states that it was necessary to ..... act also contains a provision in section 3(2) thereof which is similar in terms to section 3(5) of the national security ..... court to secure his liberty from detention made under section 3(2) of the national security act, 1980 (shortly 'the act') by the govt. ..... whisper of awareness of the detaining authority of either the petitioner being in actual confinement on the date when the order was passed against him or of the 'compelling necessity' to detain him notwithstanding prosecution or investigation, of cases, pending against him ..... 14-20/82 does not arise.the order of detention under the national security act is independent of any criminal case in which the .....