Court : Guwahati
..... and to state the truth upon any subject respecting which they are examined; and to produce such documents and other things as may be required.142 if any person fails to comply within the time fixed by a notice served on him with any requisition mads upon him under section 141, the officer making the requisition may impede upon him ague daily fine as he thinks fit, not exceeding fifty rupees, until the ..... crucial question in the case is whether the publication of the notice dated 25th march 1949 and the speeches delivered at the meeting amount to contempt of a 'court' within the meaning of the expression as used in the contempt of courts act, under section 2 (1) of the act this court has the same power to punish contempts of courts subordinate to it as it has of punishing contempts of its own authority ..... . the proceedings before him, therefore, were not in a court.when he resorted to s, 142 punishing the defaulter on the failure of the secretary to comply with his order, he no doubt purported to act under the regulation, though ho had no jurisdiction to do as even when taking action as such, he was not clothed with the authority of a court and his proceedings were not judicial in character.28 ..... . his procedure even if he were treated as a revenue officer acting under the regulation was admittedly non-judicial in character as these proceedings were not covered by section 181 and were, there/ore, expressly taken out of the category of judicial proceedings .....
Tag this Judgment!Court : Guwahati
..... 10 sub-sections to section 11, some of which are clearly applicable & others not; the meaning of the words 'in so far as they axe applicable' is not ambiguous, nor can it be said that the object of the statute would be frustrated if the provision contained in sub-section (7) of section 11 of the act is not applied to proceedings under section 16; the object of the stature would still be served by requiring a person who is found to be an habitual smuggler of opium to execute a bond; the fact that unless the provision contained in sub-section (7) of section ..... 1 deposed to have defended the accused persons in about 500 to 1000 cases during the last 20 ..... to lay down the exact course which such examination may take, but we do desire to make it clear that the mere production of a string of witnesses who say that an accused person's general repute is so & so, can carry very little weight unless some attempt has been made to show that he is a person in a position to know the general repute, & there has been some reasonable attempt by the counsel for the accused or by the ct, to check the value of the evidence. ..... angnu singh' (45 all 109), that:evidence of general repute by persons who have no personal knowledge of the accused & know nothing of his business & circumstances, is not sufficient in itself to justify an ..... is noteworthy that evidence of general repute even though given by persons who had no knowledge of the accused & knew nothing of his circumstances was not held inadmissible. .....
Tag this Judgment!Court : Guwahati
..... the learned counsel has also urged that the magistrate who found the accused guilty & convicted him under section 5(a), assam opium prohibition act, 1947, had not recorded all the evidence in the case. ..... we do not think there is any justification for ordering a retrial having come to the conclusion that there is no basis for the view that the accused has been prejudiced in this case by the fact that part of the evidence was heard by a magistrate other than the one who passed the order of ..... all that the proviso lays down is that:in any trial the accused may, when the second magistrate commences his proceedings, demand that the witnesses or any of them be re-summoned & re- ..... view of the learned counsel that it was obligatory on the part of the magistrate to ask the accused if he wished to have a de novo trial, does not find any support from the language of proviso (a) to section 350(1) of the cr. p.c. ..... the postmaster placed the parcels on the counter which the 3 accused persons picked up. ..... declined to deliver the parcels without the signature of the addressee on the postal intimations that he was to issue & asked abdul samad to bring the addressee to the post office to sign them personally or to have the intimations signed by him. ..... has not been shown that the postmaster knew any person of the description of the addressee. ..... found by the courts below, the addressee appears to be a fictitious person. ..... , the addressee, was an engineer on the rowraiah air field & he could not attend personally. .....
Tag this Judgment!Court : Guwahati
..... claim is indubitably a claim for compensation for non-delivery of the consignment, and that when there is a specific article in the limitation act providing for a particular suit, that article is to be applied to the exclusion of other articles; the defendant was undoubtedly a carrier within the meaning of article 31, limitation act; it is also clear that the consignment in question was not delivered; the determination of the question 'when the goods ought to have ..... medhi for the appellant contends that the only article which is applicable to the suit is article 31, limitation act, which is in these terms:'against a carrier for compensation for non-delivery of, or delay in delivering goods.one yearwhen the goods ought to be delivered.' ..... act and section 80, ..... 1948 sind 26, have correctly interpreted article 31, limitation act, and that the law laid down by the patna, sundarji ..... case before us, there was no question of any inquiry into the matter after the respondent had sent a notice under section 80, civil p. c. ..... then sent a notice to the secretary, railway board, government of india, new delhi, on 3-7-1945 under section 80, civil p. c. ..... appreciate the applicability of the relevant articles of the limitation act, it is necessary to set out certain dates. ..... action arose on 19-8-1944 when the consignment was booked; on 27-1-1945, the date on which the plaintiffs first wrote to the general manager and lastly on 3-9-1945, the date on which the statutory notice under section 80, civil p. c. .....
Tag this Judgment!Court : Guwahati
..... if an accused person during the trial denies to have made his confessional statement before the magistrate, and makes no effort to prove his allegation, that confession is not to be dubbed as a retracted one on the strength of the mere denial of the accused when it has been recorded with due formalities and proved by the magistrate; otherwise it becomes so easy to take the benefit of a retracted ..... the circumstances of the case as discussed above and agreeing with the unanimous opinion of the assessors, i find the accused salam chaoren singh guilty of committing culpable homicide not amounting to murder of kulachandra singh and accordingly convict him under section 304, i.p.c. ..... salam chaoren singh accused has been committed for trial under section 302, i.p.c ..... the same time, their evidence is hardly sufficient to give the accused benefit of section 84, i.p.c. ..... the request of the public prosecutor the statement which he made in the committing magistrate's court on 21.9.51 has been transferred to this record to be read as evidence in the case under section 33, evidence act. ..... is not at all proved much less brought on the record that the accused was suffering from unsoundness of mind at the time of committing the act. ..... is accordingly convicted and sentenced under section 304, i.p.c. ..... and not under section 302, i.p.c.25 ..... offence, therefore, falls within the purview of section 304, i.p.c. ..... on the transfer of shri khogendra singh, who submitted the charge sheet under section 302, i.p.c. .....
Tag this Judgment!Court : Guwahati
..... the word 'defendant' has been defined in section 2 (4), limitation act as including any person from or through whom a defendant derives his liability to be sued. ..... in view of this definition the adverse possession of the defendants in the suit could be tacked on to the adverse possession of the person from or through whom the defendants derived their liability to be sued. ..... also found that the plaintiffs were stopped from challenging the title of the defendants by their, conduct of acquiescence and defendants were further protected as bona fide purchasers without notice of the plaintiffs' claim under section 41, transfer of property act.4. ..... in this case the transferee under an invalid transfer transferred the property to another person. .....
Tag this Judgment!Court : Guwahati
..... not claim all the exemptions of a sovereign, and that they were not the public servants of government, and, therefore, did not fall under the principle of the cases with regard to the liability of such persons, but they were a company to whom sovereign powers were delegated and who traded on their own account and for their own benefit and were* engaged in transactions partly for the purposes of government and ..... this provision was in substance reproduced in section 32, constitution act of 1919, which provides as follows: 'every person shall have the same remedies against the secretary of state in council as he might have had against the east india company if the government of india act 1858 and this act had not been passed.' 24. ..... but the liability of the east india company to be sued was not restricted altogether to claims arising out of undertakings which might be carried on by private persons; but other claims, if not arising out of acts of state, could be entertained by civil courts, if the acts were done under sanction of municipal law and in exercise of powers conferred by such law. ..... the determination of the question involved in the two-fold contention raised on behalf of defendant appellant depends on the interpretation of the provisions contained in section 176 of the constitution act, 1935, which merely reproduces the law which has been in force since 1858. ..... the mere plea of state necessity will not, however, serve to protect anyone accused of an unlawful act towards subjects. .....
Tag this Judgment!Court : Guwahati
..... . one of the main defences of the opposite party has been that there was no completed contract with the municipal board inasmuch as requirements under section 39, assam municipal act, were not complied with and as such, the petitioner had acquired no legal right for the specific performance of which either the petitioner could nave sued or asked for relief ..... consideration as to the effectiveness of the order of the deputy commissioner under section 232, punjab municipal act (which seems to be almost similar with the wordings of section 291, assam municipal act) and it was held that the deputy commissioner or the commissioner could prohibit the doing of an act if it has not been already done or carried out, purporting to work under that section,--but after the resolution or order of the municipality had been carried ..... . ahmed's contention is that an interference under section 291 of the assam municipal act was not justified under the circumstances, as there was no likelihood of any serious breach of the peace or of any serious injury or annoyance to the public or to any class or body of persons in case the petitioner got the settlement of the ..... high court that the suspension of the resolution by the deputy commissioner under section 232 of the punjab municipal act could not affect the validity of the sanction granted and acted upon and that the circumstances were not such as would allow the committee to proceed summarily under section 172 and the notice under section 172 was held to be invalid .....
Tag this Judgment!Court : Guwahati
..... forest trees growing on land naturally and without the intervention of human agency, even if the land is assessed to land revenue, is "agricultural income" within the meaning of section 2, sub-section (1) (a) or (b) of the income-tax act.their lordships observed that it appeared from the form of the question that income was derived from the sale of trees described as forest trees growing on land naturally and ..... operations in forestry and that the jungle from which the trees had been cut and sold was of spontaneous growth.their lordships pointed out that whether exemption is sought under section 2(1) (a) or under section 2(1)(b) of the income-tax act, the primary condition which must be satisfied is that the land is used for agricultural purposes; the expression "such land" in clause (b) refers back to the ..... the expression and that the land for which the income in question was derived was used for agricultural purpose, the tribunal came to the concluding that the wood "agriculture" in section 2(1) of the indian income-tax act should be interpreted in its narrower sense so as to include within its ambit only cases where plantation or sowing was done or where human skill and labour we employed ..... act and the learned judge was influenced to a very considerable extent by the provisions and the policy of the act in holding that casuarina plantation was not an agricultural purpose and that a person who held the land for that purpose was not a ryot within the meaning of the estate land .....
Tag this Judgment!Court : Guwahati
..... judge observed that jurman accused had placed a greater burden on the other accused persons than himself. ..... considering that foot-prints as such are not included in section 45, evidence act, it is expedient that the comparison of the foot-prints may be made so that the judge and the jury could see for themselves to what extent the foot-prints in question ..... as regards others than the maker, section 30 permits its consideration but although it may be taken into consideration, the rule now firmly established and adhered to in practice consistently for a long time is that its value against ii co-accused is practically nil and that there can be no conviction on it without substantial and independent corroboration both in regard to the crime and the identity of the ..... other words, the validity of conviction may be challenged on the grounds on which it can be challenged in appeal under the combined operation of sections 418 and 423(2), cr.pc section 418 lays down that an appeal lies on a matter of law only where the trial is by a jury except in cases where a person is sentenced to death. ..... therefore the trial can be shown to be illegal or without jurisdiction, an appeal would lie under section 418 and the verdict of the jury would be liable to reversal. ..... his final report, the officer-in-charge stated that the investigation disclosed a prima facie case against twelve persons under section 396, i. ..... section 45, evidence act does not include footprints within its ambit as it does the finger .....
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