Judgment Search Results Home > Cases Phrase: unlawful association Court: guwahati Page 1 of about 217 results (0.041 seconds)

Prabhat Malla Barooah Vs. D.C. and ors.

Court : Guwahati

..... light, can it be said that when the provincial government declares an association to be unlawful, the declaration deprives an accused person of his right to prove that the association is not an unlawful association, and that in any case, ho is not a member of such an association. ..... criminal law amendment act defines an 'unlawful association:'an 'unlawful association' means an association . ..... , can only arrest a member of an unlawful association provided he has before him a declaration of the provincial government made ..... the subject of unlawful assemblies, as distinguished from unlawful associations under the criminal law amendment act, is dealt with in the indian penal code beginning ..... reasonable, for instance, to prevent a citizen from forming an association for the purpose of waylaying witnesses on their way to a court of law, by declaring him a member of an unlawful association.9. ..... , a police officer will not be in a position to arrest a person alleged to be a member of an unlawful association.6. ..... aids persons to commit acts of violence or intimidation or of which the members habitually commit such actes, or (b) which has been declared to be unlawful by the provincial government under the powers hereby conferred;the powers hereby conferred are stated in section 16 which is in these terms:if the provincial government is of opinion that any association interferes or has for its object interference with the administration of the law or with the maintenance of law and order, or that .....

Seltun Fison Anal Vs. State of Nagaland and ors.

Court : Guwahati

..... also be stated herein that being a member of an unlawful association itself incurs penal liability under section 10 of the unlawful activities (prevention) act, 1967. ..... simply because one is a member of an unlawful association, it will not attract section 3(2) of the act, 1980 without disclosing the prejudicial activities having a nexus with public order or the security ..... that you joined the unlawful association of nscn(im) with the motive of furthering its illegal cause of cessation of the territory of nagaland from the union of india by waging war against the legally established ..... licence and bjp membership card (photo copy) were recovered/seized from your possession and handed over to police for being an active member of unlawful association called nscn(im). ..... , mentioned in the instant case, stating the foundation of the grounds for detention, only indicate that the petitioner is a member of an unlawful association, viz. ..... nscn(im) an unlawful association were prejudicial to : (a) defence of india (b) security of the state of nagaland (c) maintenance of public ..... dealing with the conclusion of the detaining authority for preventing the detenu from indulging in activities prejudicial to the defence of india, security of state and maintenance of public order, do not mention the particulars of the unlawful activities prejudicial to the security of the state, which amounted to not furnishing adequate materials to the detenu to submit an effective representation against his detention. .....

Seltun Fison Anal Vs. State of Nagaland and ors.

Court : Guwahati

..... , nscn(im), formed with the motive of furthering its illegal cause of cessation of the territory of nagaland from the union of india by waging war against the legally established government of india.simply because one is a member of an unlawful association, it will not attract section 3(2) of the act, 1980 without disclosing the prejudicial activities having a nexus with public order or the security of the state. ..... it may also be stated herein that being a member of an unlawful association itself incurs penal liability under section 10 of the unlawful activities (prevention) act, 1967.in view of the circumstances stated and the discussions made above, the continued detention of the detenu/petitioner cannot be sustained. ..... that you joined the unlawful association of nscn(im) with the motive of furthering its illegal cause of cessation of the territory of nagaland from the union of india by waging war against the legally established government of india. ..... 2620, driving licence and bjp membership card (photo copy) were recovered/seized from your possession and handed over to police for being an active member of unlawful association called nscn(im). ..... in the particulars, mentioned in the instant case, stating the foundation of the grounds for detention, only indicate that the petitioner is a member of an unlawful association, viz. ..... nscn(im) an unlawful association were prejudicial to : (a) defence of india (b) security of the state of nagaland (c) maintenance of public order. 2. .....

Basi Singh Vs. State of Assam and ors.

Court : Guwahati

..... , people's revolutionary party of kangleipak, shortly described as 'prepak' and the red army, all belonging to the meitei extremists organisation and other bodies set up by them including the armed forces, named above, were 'unlawful associations', who had (1) openly declared as their objectives, the formation of an independent manipur and resorted to violent activities in pursuance of their objectives and bringing about secession of the said state from the union of india; ..... if we analyse the grounds of detention it will be clear that the substance thereof is that a group of extremists elements of prepak, an unlawful association, duly declared to be so by the government came to gauhati in the early part of 1980 and established contact with some extremists elements of gauhati with a view to form a party of the extremists elements of the ..... the crux of the allegations is that the petitioner along with others including some members of the unlawful association, namely, prepak, entered into a conspiracy to overthrow the government by armed rebellion and in order to achieve that object formed a party of the extremists elements of the seven north eastern states for ..... shri madhu mangal singh of manipuri rajbari, gauhati-7, kamrup.you are an associate of s/shri nimesh saikia of basistha, nilakanta singh of imphal, hemanta borgohain of 6th mile khanapara.you came in contact with nilakanta singh of keisampat imphal who is an active worker or prepak (people's revolutionary party of kangleipak) .....

R. Lallawama Vs. District Magistrate

Court : Guwahati

..... one central theme which runs through 3(four) episodes is the association of the petitioner with the mnf (mizo national front) which was declared an unlawful association by a notification dated 20th january, 1982 mainly because of its object of the formation of an independent mizoram by bringing about the secession of the said areas from the union of india. ..... the four incidents as mentioned in the grounds cover the period from 16-3-1982 to 11-6-1982 and, as such all of them had taken place after the mnf had been declared an unlawful association under the provisions of the unlawful activities (prevention) act, 1967. ..... these read:-(1) that you are the leading supporter of the unlawful mnf organisation in theiriat village and have been actively harbouring and providing shelter to outlawed mnf elements for the furtherance of the organisation which has been aiming at and working for the secession of mizoram ..... the acts of harbouring and helping the mnf to collect taxes have to be regarded as showing rather close association of the petitioner with the mnf. ..... biakzawna of the unlawful mnf organisation. .....

Smt. Thokchom Ningol Kangujam Ongbi Thoibi Devi and Etc. Vs. General O ...

Court : Guwahati

..... 1979 issued in exercise of the powers conferred by sub-section (1) of section 3 of the unlawful activities (prevention) act, 1967 (37 of 1967), whereby the central government declared 'the revolutionary people's front (formerly known as the armed revolutionary government of manipur), the people's liberation army, people's revolutionary party of kangleipak, and the red army and other bodies set by the them''to be unlawful associations. ..... and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substance believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.22. ..... the remedy of habeas corpus is intended to facilitate the release of persons detained in unlawful custody and not to afford the means of inflicting penalties on those persons by whom they were at some time or other illegally detained. ..... application for writ has been made, nevertheless the writ might issue in order to vindicate the authority of the court against a person who has once, though not at the time of the issue of the writ, unlawfully detained another or wrongfully parted with the custody. ..... when it is clear that the person charged with unlawfully detaining another, whether a child or an adult, has de facto ceased to have any custody or control, the writ ought not to issue. .....

Madhab Ch. Chakraborty Vs. State of Assam and anr.

Court : Guwahati

..... are they unlawful associations/organizations nothing has been stated. ..... the organisations have not been declared illegal or unlawful. .....

Super Candles and anr. Vs. Mahabir Candle Works and anr.

Court : Guwahati

..... (g) no trader by adopting and using a particular style of get up thereby acquires a right to prevent a rival or second trader using the same or a similar get up, unless the get up of the first trader has become so associated in the minds of the public with the first traders goods as to be distinctive of the goods of the first trader and of no other, merely being first in the field does not confer any rights. ..... injury as understood in association with injunction must be unlawful, infringemet or privation of a right. .....

Smt. Ningthemcha Ongbi Shakhenbi Devi Vs. State of Manipur and ors.

Court : Guwahati

..... laksana alias vito and also stated that), on questioning him he disclosed that he was a member of the unlawful organisation called pla and some of his associates 4 (four) in number were hiding or camping at a location in loitang khunou village and he agreed to lead the party, i.e. .....

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

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... ] 1 qb 159, 172, 173 his vivid metaphor about the 'brains and nerve centre' of a company as contrasted with its hands, and to treat this dichotomy, and not the articles of association, as laying down the test of whether or not a particular person is to be regarded in law as being the company itself when performing duties, which a statute imposes on the company ..... acts done in the course of its business, including the taking of precautions and the exercise or due diligence to avoid the commission of a criminal offence, is to be found by identifying these natural persons, who by the memorandum and articles of association or as a result of action taken by the directors, or by the company, in general meeting, pursuant to the articles, are entrusted with the exercise of powers of the company.105 ..... tune with the development of law, in the united states, as regards criminal liability of corporate bodies, the english courts have also come to take the view that a company can be prosecuted for the unlawful conduct of its officers subject to limitation that the unlawful conduct has arisen out of an act done or omitted to be done by an officer or agent, who was authorised by the company to deal with such matters ..... what transpires is that constitution of a modern company rests on two documents, namely, the memorandum of association and articles of association and that a company's authority always remains circumscribed by the object clause of its memorandum and it cannot, therefore, contain anything unlawful .....