Court : Guwahati
..... character or professional reputation of an officer or airman is affected by the evidence recorded, or that he is to be blamed, the affected person has to be so informed by the court, all the evidence recorded, up to that stage, has to be read over to the affected person and the court of inquiry has to explain to the person, if so required by him, how, in the opinion of the court of inquiry, the officer's or airman ..... , is that sub-rule (1) of rule 24 empowers, and, at the same time, makes it a duty of the commanding officer to hear every charge against a person subject to the air force act in the presence of the accused with liberty given to the accused to cross-examine the witnesses produced against him and also to call such witnesses as he may require and he may make such ..... rules, which pertains to court of inquiry and falls under chapter vi, has been framed by the central government by virtue of section 189(2) (d) of air force act, 1950, which permits the central government to make rules providing for assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths of affirmation ..... clear that except in the case of a prisoner of war, who is still absent, whenever any inquiry affects the character or service reputation of a person subject to the act, full opportunity must be afforded to such person of being present throughout the inquiry and of making any statement and of giving any evidence he may wish to make or .....
Tag this Judgment!Court : Guwahati
..... is not argued before me for the revision petitioner that there has been any illegality or irregularity in taking the sample or dealing with the sample in the further stages of the process or that there has been infraction of any of the rules governing the matter.3. ..... i see no reason why the presumption under section 114 of the evidence act should not be drawn in regard to the regularity of the act done by the learned magistrate, particularly in the absence of any challenge in that regard before the learned ..... court held that the presumption under section 114 can be drawn only when there is some record of proceedings to show that the court at least substantially complied with the procedure under section 13(2b) of the act and since there was no such record the accused should be acquitted. ..... the presumption is regarding the regular performance of the act, that the act has been one with due regard to form and ..... central food laboratory, has not recorded that he acted in conformity with the requirements of section 13(2b) of the act and therefore the certificate of the director cannot be relied ..... this would mean that if it is proved that a judicial or official act has been performed, then in the absence of any other evidence, it may be presumed that it has been done regularly though there is no ..... illustration (e) of to section 114 of the evidence act is a specific application to acts of judicial or official character of the general presumption embodied in the maxim 'omnia praesumuntur rite .....
Tag this Judgment!Court : Guwahati
..... upon public servant, the prosecution is to prove beyond all reasonable doubt that the accused by corrupt or illegal means obtained for himself any valuable or by abusing his position as public servant acted for himself or any other person any valuable thing or by holding office as a public servant upon any person any valuable thing or pecuniary advantage without any interest. ..... had there been any bonafide doubt it was open for the neepco authority even at the stage of consideration by the tender and purchase committee to check the tender of the accused/farm but ..... herein that during the course of trial the learned trial judge altered the charges against the respondents from section 5(1)(d) of the pc act, 1947 to that of under section 13(1)(d) r/w section 13(2) of the pc act, 1988 which was also explained to them and they denied the same. ..... however, in the said charge itself it is alleged that at subsequent stage, the accused/respondents prepared a detailed estimate mentioning 6 lacs as approximate ..... said work was allowed to him after detail discussion at different stages by holding several discussions. ..... it is abundantly clear that the exbt-1 was only a short tender notice and the same was issued for the purpose of depositing earnest money and same may vary at subsequent stage. ..... and observing all the formalities and procedures and the learned trial judge rightly acquitted the accused upon proper appreciation of the materials evidence on record which requires no interference at this stage. .....
Tag this Judgment!Court : Guwahati
..... the learned single judge held that an accused is entitled to set off only to the stage before his conviction and the period of detention in prison after conviction cannot be set off. ..... or as a matter of fact in any other law including sections 3(3) and 27(3) of the prisons act, 1894 which alters the status of a utp to that of a convict before his conviction. ..... when he was convicted and sentenced by the general court martial under the army act for alleged commission of offence under the penal code. ..... the accused was in detention under the preventive detention act. .....
Tag this Judgment!Court : Guwahati
..... to july 1998 in excess of the actual requirements for his own ulterior motives.the said si(m) lalsanglora had, therefore, acted in a manner unbecoming of a police officer thereby rendering himself liable to be dealt with under section 7 of indian police act (act v of 1861) r/w rule 66 of apm part-iii.article-iithat the said si(m) lalsanglora of aizawl def while posted at s.p. ..... working as accountant had prepared false monthly expenditure statement since may 1995 to july 1998 so as to coyer up fraudulent excess drawal of 'money urider salary head.the said si(m) lalsanglorahad, therefore, acted in a manner unbecoming of a police officer thereby rendering himself liable to be dealt with under section 7 of indian police act (act v of 1861) r/w rule 66 of apm part-iii.article-iiithat the said si(m) lalsanglora while posted at s.p. ..... appropriation and understanding themeritofthe writ petition, this court thinks it appropriate to place the case of the respective petitioner at this stage which can be noticed as under:writ petition no. ..... it would be appropriate to mention at this stage that for misappropriation of money a criminal case was registered against the ..... it would be appropriate at this stage to mention that writ petitioner, ex-si(m) laldinliana was at the relevant point of time serving as cashier while the writ petitioner, shri lalsanglora and writ ..... at this stage the court thinks it appropriate to place the text of the order for better appreciation of the underlying meaning of the .....
Tag this Judgment!Court : Guwahati
..... any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction-(a) in the case of a person who is employed or, as the case may be, was at the time ..... , it is necessary so to do for the maintenance of public order, after giving such warning, if any, as he may consider necessary, fire upon, or otherwise use force even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in a disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or things capable of being used as weapons or fire-arms, ammunition ..... matter even if the act exceeds what is strictly necessary for the discharge of the duty, as this question will arise only at a later stage when the trial ..... duties; but if the act complained of is directly concerned with his official duties so that, if questioned, it could be claimed to have done by virtue of the office, then sanction would be necessary; and that would be so, irrespective of whether it was, in fact, a proper discharge of his duties, because that could really be a matter of defence on the merits, which would have to be investigated at the trial, and could not arise at the stage of the grant .....
Tag this Judgment!Court : Guwahati
..... the counsel for the assessee argued before the division bench that section 44 must be interpreted independently of the provisions contained in section 74 of the act and that, as provided therein, in determining the value of the estate for the purpose of estate duty, allowance shall be made for debts and incumbrances ..... thus, the duty payable in respect of the estate of a deceased person has to be worked out in accordance with the provisions contained in the act after finding out the principal value of the property left by the deceased, that is, the price ofthe property which could, at the time of the death of the deceased, be fetched if the property was, at that time, ..... what is more, it would not fall within the ambit of the expression 'debts' and 'incumbrances' employed in section 44 of the act particularly having regard to the fact that we are of the view that the expression 'debts' is referable to the debts of the deceased and alsothat the expression 'incumbrances' is referable to the incumbrances created by the ..... or immovable, passing on the death of the deceased, shall be a first charge on the immovable property so passing (including agricultural land) in whomsoever it may vest on his death after the debts and incumbrances allowable under part vi of this act; and any private transfer or delivery of such property shall be void against any claim in respect of such estate duty.'19. ..... at this stage we may cite the charging section, section 5 of the act which runs as follows : '5 .....
Tag this Judgment!Court : Guwahati
..... comply with which results in penal consequences, stand on a different footing; but in the present case, there is neither any indication in the notices that coerceive process will be taken nor there is any provision in the act which empowers the authorities to take the coercive measures on non-payment of the dues, and therefore no direction under article 226 should be issued quashing the notices. ..... the alternative remedy by appeal, as we have already pointed out was only available against orders under the act and further, alternative remedy is not an absolute bar to the exercise of the powers by this court under article 226 of ..... the present case, it was contended by the respondents in the counter-affidavit that the petitioners had an alternative remedy available by means of an appeal under section 188 of the sea customs act which provides for an appeal by any aggrieved person against any decision or order passed by an officer of customs under this act within three months from the date of such decision or order to the chief customs authority. ..... line of argument is that even assuming that the source of the levy is the statutory provisions of the indian tarrif act and the land customs act, in the present case no duty was leviable as the goods cannot be said to have been exported. ..... is that the liability of the petitioner arose under the provisions of the indian tariff act and land customs and sea customs act from the date when the goods crossed the indian border and were exported. .....
Tag this Judgment!Court : Guwahati
..... ; or (c) if the holder thereof is convicted of any offence punishable under this act or any other law for the time being in force relating to revenue, or of any cognizable or non-bailable offence, or of any offence ..... subject to such restrictions as the state government may prescribe the authority who granted the licence, permit or pass under this act may cancel or suspend the same- (a) if any duty or fee payable by the holder thereof be not duly paid ; or (b) in the event of any breach by the holder thereof or by his servants, or by any one acting on his behalf, with his express or implied permission, of any of the terms or conditions of such licence permit or pass ..... choudhury, learned counsel for the petitioner :- (a) that the inspector of police, chief minister's special vigilance cell has no authority under the act to conduct raid in the premises of the petitioner's bonded warehouse and conduct of raid and enquiry by the chief minister's special vigilancecell is ..... thereafter, by an order dated 18.9.1999 the 2nd respondent suspended the warehouse licence of the petitioner temporarily under the assam excise act and assam bonded warehouse rules in pursuance of the enquiry report received from the chief minister's special vigilance cell said to have .....
Tag this Judgment!Court : Guwahati
..... unjust to allow the prosecution to urge that any particular provision which was meant to safeguard the legitimate rights and interests of the accused, could be circumvented simply because special provisions of the manipur state courts' act would be applicable where such provisions were at variance with the provisions of the code of criminal procedure,the law of sanction though it forms part of procedure, in reality contains the provision of substantive law and crimes, vide ..... 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 procedure and as under section 15 of the manipur state courts ..... ' act, 1947, which has been amended by manipur state courts (amendment) order, 1950, it has been provided that when any person is convicted by a magistrate of an offence under section 124a of the indian penal code, the appeal ..... searches were made in this case under the provisions of the code of criminal procedure and in all these stages of the case provisions of the code of criminal procedure have been followed. .....
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