Judgment Search Results Home > Cases Phrase: unlawful association Court: guwahati Page 10 of about 217 results (0.023 seconds)

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... . one of the arguments advanced was that as the state could choose any and every person it liked for the purpose of being associated with the transport service and there were no rules to guide its discretion in the matter of selection, the section offended against article 14 of the constitution ..... . it is submitted that the entire operation including the search and seizure was illegal, ultra vires, and unlawful, unconstitutional and bad in law, without authority, mala fide and conducted not for the purpose of any genuine tax collection ..... 37(2) of the act, and they started raiding simultaneously the various premises and/or offices at tinsukia belonging either to the petitioner or to one or the other of its directors or to the companies with which the petitioner company was associated, as well as one or the other of the directors of those companies not .....

Ram Durlav Mitra and ors. Vs. the State

Court : Guwahati

..... nine appellants, they returned a verdict of guilty under section 302 read with section 149, and section 147, ipc in other words, the finding roughly was that all the appellants were members of the unlawful assembly in course of which the offence of murder was committed, and ram durlav was considered to be directly responsible for the murder as well as constructively. ..... , to disperse, but they on the other hand, surrounded him and some of his associates, like joypati deka, ratneswar sarma, tarini kanta nath, and others, who were standing near the flap; pole which was planted there by the members of the said samabai samiti.the rioters were ..... section 149, ipc requires three things primarily(1) that one should be a member of an unlawful assembly; (2) that in prosecution of the common object of that assembly, an offence should be committed by a member of that unlawful assembly; and (3) that the offence should be of such a nature that the members of that assembly knew the offence to be likely to be committed in prosecution of their common object ..... here, the obvious finding was that the accused were members of ah unlawful assemblybut what the learned judge ought to have pointed out was; whether the offence was committed in prosecution of the common object of the unlawful assembly, and whether the other members who did not directly participate in the commission of the offence, did know, or it was likely for them to know, that such an offence would be committed in prosecution of the common .....

State of Assam Vs. Inush Ali

Court : Guwahati

..... this is what we get in stedmans medical dictionary, black explains irresistible impulse thus ;used chiefly in criminal law, this term means an impulse to commit an unlawful or criminal act which cannot be resisted or overcome by the patient because insanity or mental disease has destroyed the freedom of his will and his power of self-control and of choice as to his actions. ..... the expression 'irresistible impulse' according to the medical dictionary, generally means as impulse to commit unlawful or criminal act.9. .....

Manu Ram Das Vs. Assam Fisheries Development Corporation Ltd. and ors.

Court : Guwahati

..... this is a clear cut instance of unlawful decision as well as of usurpation of power which affected the decision making process of the corporation. .....

Arun Kanungo and ors. Vs. D. PakynteIn and ors.

Court : Guwahati

..... special judge that the evidence on record establishes that the accused yasihey yobin and lisihey ngwarah were found in possession of 380 grams of heroin and the other accused namely arun kanungo and raju premji associated themselves in finding prospective customers for disposing of the contraband whereby they abetted commission of the crime within the meaning of section 29 of the ndps act.in the result, we find no ground to interfere with the impugned ..... it is true that the statements have been retracted but at the same time we cannot lose sight of the fact that it is not the law that a retracted confession or statement has to be rejected as involuntary or unlawfully made merely because it has been retracted at the trial. .....

Nibaran Borah Vs. State of Assam

Court : Guwahati

..... 4, what transpires in that accused nibaran bora, accompanied by the associate, left p.w. ..... 4 into fear and unlawfully taking away his money is correct and requires no interference.27. .....

Raj Kumar Agarwalla Vs. Md. Shaeriar MoIn Choudhury

Court : Guwahati

Reported in : AIR2009Gau169

..... 1 have become a regular process and the plaintiff having apprehending of unlawful dispossession of the suit land, instituted the suit inter alia praying for permanent injunction restraining, the defendants and their men from dispossessing him from the suit land by force or not to create any ..... again in the case of salem advocate bar association, tamil nadu v. .....

Anowar HussaIn and anr. Vs. Ajoy Kumar Mukherjee and ors.

Court : Guwahati

..... from this it is clear that it was a sort of private affair with which the sub-divisional officer was not directly associated and therefore even if there was any heat in a meeting, there was no reason for the sub-divisional officer to take any offence and from the statement ascribed to him it is clear that he did ..... that if the constable acts in obedience to the warrant, then, though the warrant be an unlawful warrant, he is protected by the statute of 1750, but if the warrant be a lawful warrant and he executes it in an unlawful way then no action is maintainable against the magistrate, but an action is maintainable against the constable ..... his family enjoy the esteem and regard of a large number of people in the locality; he has also considerable landed property with both hindus and muslims as his tenants; and that he has been associated with a number of public institutions. ..... where the restraint is not unlawful, it will not sustain an action ..... 'false' in that phrase signifies the unlawful character of the restraint. ..... an actionable tort in the shape of false imprisonment there must not only be an imprisonment, the imprisonment must further be false, the word 'false' signifying the unlawful character of the restraint. ..... no evidence in this case that the state government ever authorised the unlawful action of the defendant no. 3. ..... his unlawful arrest and detention he attributes to the consequent malice and personal grudge of the officer and not in accordance with any procedure established by .....

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... , the apex court while affirming the judgment of the delhi high court diluting such apprehension held that it would not be possible either to impose a penalty to confiscate goods for an act or omission which was not unlawful when such act was performed or omission made. ..... church of south india trust association) he submitted that a stay order passed by the apex court will mean maintaining status quo from the date of passing of the order on 12.1.2004 and that by itself cannot bestow the respondents to undo the things .....

Ram Manohar Lohia and ors. Vs. V.S. Sundaram

Court : Guwahati

..... (1) all citizens shall have the right(a) to freedom of speech and expression;(b) to assemble peaceably and without anus;(c) to form associations and unions;(d) to move freely throughout the territory of india;(e) to reside and settle in any part of the territory of india;(f) to acquire, hold and dispose of property; and(g) to practise any profession, or to carry on any occupation, trade or business.2. ..... numbering seven were trying to get the provisions of law (manipur state constitution act 1947) acted upon and they were not using any criminal force and so their assembly could not possibly be deemed to be an unlawful assembly; and their rights to freedom of speech and rights of assemblage could not legally be curtailed as was done in this case. ..... c, was not justified and their assembly was not unlawful, the present petition should be dismissed, and reliance has been placed on 'mool chand v. ..... the writ of habeas corpus is a prerogative process for securing liberty of the subject by affording an effective means of immediate release from unlawful detention whether in prison or in private custody. ..... , manipur, in which lay the place of their meeting, the meeting was unlawful and ordered them to disperse. ..... c, prohibiting assemblage of 5 or more persons within a radius of 4 miles from the office of the district magistrate, manipur, in which lay the place of their meeting, tire meeting was unlawful and he ordered them to disperse. .....