Judgment Search Results Home > Cases Phrase: wild life protection act 1972 section 38k definitions Sorted by: old Court: guwahati Page 3 of about 112 results (0.430 seconds)

Tilok Bahadur Rai Vs. State of Arunachal Pradesh

Court : Guwahati

Reported in : 1979CriLJ1404

..... men on sentry duty could not be established. sepoy tilok bahadur rai is sentenced to 6 (six) months simple imprisonment under section 51(1) of the wild life protection act.hence, this application.5. the question that naturally offers for determination is; whether the accused killed the tiger in hunting and whether there were mitigating circumstances in ..... by the deputy commissioner, tirap district, khonsa in case no. g.r. 10 of 1976 convicting the accused under section 51(1) of wild life protection act, 1972, (hereinafter referred to as 'the act') and sentencing him to simple imprisonment for 6 months.2. the facts of the case are, that in the evening of 8th of may, ..... prior to shooting the tiger that charged at him. therefore, he will be completely protected under sub-section (2) of section 11. the deputy commissioner while convicting the accused under section 51(1) followed the spirit of the act to protect the wild life but the provisions of section 11 were not brought to his notice. i find .....

State of Assam Vs. Nirode Ranjan Dey

Court : Guwahati

..... in the name of her majesty, to allow the holder of the passport to move freely without let or hindrance and to afford the holder every assistance and protection which he might stand in need: (4) the respondent upon arrival al kokrajhar in assam on 6-10-1978 presented himself at the police station with the ..... 14 is punishable with long term imprisonment. as such, we conclude that the contravention contemplated in section 14 of 'the act' must be read as 'knowingly contravenes'. it is of the utmost importance for the protection of the liberty of the subject that the court should always bear in mind that unless a statute either clearly or ..... kokrajhar town without 'a restricted area permit' from the authority, purchased land and constructed a house, as such, he was liable to be prosecuted under section 14 of the act; (9) notwithstanding anything contained in the foreigners (exemption) order, 1957, no foreigner can enter into or remain in the 'restricted areas' without a permit; (10) that .....

Naresh Chandra Das and anr. Vs. State of Assam and ors.

Court : Guwahati

..... really permissible to see if the millers in question can be called manufacturers also, and as such producers. reference to clause (a) of section 3(2) of the act would show that the expressions production and manufacture have been used not in one and same sense, but to convey distinct notions.9. because of all these, i would ..... 1969 sc 930, wherein the word 'produce' was examined, as it appeared in the definition of 'dealer' given in section 2 (viii) of the kerala general sales tax act, 1963. therein it was stated that the intention in employing the word 'produce' was obviously to introduce an element of volition and effort involving the employment of some process for ..... das, this was beyond the competence of the governor of assam, in whose name the levy order has been issued under section 3 of the essential commodities act, 1955 (for short, the act), on being authorised to do so by the central government, whose delegation order is at annexure b. though in that delegation order. clause (f) of .....

Bayadas Bowri Vs. State of Assam

Court : Guwahati

..... a statutory right. the question of excess does not arise in the instant case as it was a question of 'life or death'. the accused had to act in quick reflection. sitting in cosy chairs hundred miles away from the place of occurrence it would not be justified ..... all relevant period. he has been convicted under section 302, ipc and he is 'a lifer' i. e. sentenced to imprisonment for life.3. we narrate the case of the prosecution emanating from the records. on 27-3-1975 at about 8.30 pm at chinamara tea ..... the year of disabled persons', placed before us all facts in favour of the state as well as the indigent accused. he has acted in the true tradition of the noble profession to which he belongs. we deem it our duty to record our satisfaction and proceed to ..... use a pen-knife to escape death as an act done in excess. unfortunately, the blow fell on a vital part of the body of the deceased. it was a fight for life and the blow was given during a sudden quarrel; the adversary was uneven (sic) and .....

Ramlal Lohar Vs. the State of Assam

Court : Guwahati

..... us. the appellant is a peasant. he has been convicted under section 302, i.p.c. and sentenced to imprisonment for life and to pay a fine of rs. 100 in default to undergo r. i. for one month more.2. the proccution story ..... p.w. 6. the police officer. a confession made to a police officer is inadmissible in evidence under section 26, evidence act. however, we leave the question aside. let us examine as to whether the accused made any such confessional statement before the police ..... information any discovery was made. as such, the essential ingredients of section 27, evidence act, are absent in the instant case. the learned judge committed a grave error in assuming that merely taking the accused to the ..... the accused was not the true version. this apart, we find that the alleged statement of the accused under section 27. evidence act, was neither recorded no proved. nobody made any statement as to any fact deposed to by the accused in consequence of which .....

Yandrambam Sonachand Singh Vs. State of Manipur and ors.

Court : Guwahati

..... that when the grounds are not communicated to a detenu within the prescribed statutory period the detention would be illegal and void for failure to afford the protection or guarantee enshrined in article 22(5) of the constn. the efficacy of this procedural safeguard depends upon care, caution, circumspection and sense of ..... stated, 'is transmutation of legislative dross into judicial gold'. it is half-truth, as modern statutory provisions, with only sporadic help from the court, have 'life of their own'. statutory language is not so frail that it must be bolstered at every point by judicial interpretation. in my view a realistic analysis of ..... may originate when the grounds are prepared by the detaining authority. the process of 'communication'' continues when the communique is being despatched or carried for service. the act of 'communication' is complete only when the detenu receives the grounds. no sooner personal service is over the entire process of 'communication' comes to an end .....

Moirangthem Chaoba Singh and anr. Vs. State of Manipur

Court : Guwahati

..... which, as the doctor opined, could not be caused by fall, it could not be said that the injury was caused in self-defence. there was no question of protection of property or life. the thangjou itself was not seized; no thangjou was found by the i. o. 10. mr. n. kerani singh, the learned counsel for the appellants submit that they ..... sentence of gojendra singh, considering the fact that he was a boy of 16 years at the time of occurrence, a school student, who was ploughing his own ingkhol and acted without premeditation; and the fact that nearly a decade has expired, ends of justice may not require that he be again sent to jail. he was in custody for 21 ..... .p.c. can be convicted under section 326 i.p.c. seems no longer to be res integra. under section 221(1) cr. p.c., if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed .....

Jaladhar Chakma and Etc. Etc. Vs. the Deputy Commissioner, Aizawl, Miz ...

Court : Guwahati

..... of the impugned orders with their hearths and home and also having cultivable lands. the impugned orders were purported to have been made under the provisions of the wild life sanctuary (protection) act 1972 (for short 'the act') under which there may be a declaration of sanctuary by virtue of the provision of section 18 of the ..... : 'no. tpb. 9/79-80/40 dated tuipuibari, the 13th october, 1980. tothe secretary,village council, tuipuibari i/ tuipuibari ii.sub : eviction of villagers within the dampa wild life sanctuary. as per the deputy commissioner, aizawl's letter no. aam.20/79-80/249 of 26-9-80 it is hereby ordered that (it is) time for shifting of ..... is found out from the records that under section 18 of the act a notification has been issued on 20th jan. 1976 by the development commissioner. ex-officio secretary to the govt. of mizoram declaring the area given in that notification as dampa wild life sanctuary. section 18 requires that such a declaration is to be made by a notification. .....

Prafulla Kumar Mahanta and Etc. Vs. District Magistrate and ors.

Court : Guwahati

..... of the detenu was not 'referred' earlier for disposal by the 'adviser' for determination if detention was necessary 'for the protection of public' and whether the detenu was involved in 'terrorist activities.' even the amendment act itself was a temporary measure.33. in india we have in our constitution our supreme lex and laws and action of ..... the situation.in short term, it may be an effective means of containing violence but the prolonged effects of the use of detention are ultimately inimical to the community life, fan widespread sense of grievance and injustice ...can be tolerated in a democratic society in the most extreme circumstances ...and retained only so long as it is ..... the context of the facts of each case. in ummu saleerna's case : [1981]3scr647 it was observed that 'law deals with facts of life' and that 'neither law nor life can be reduced to mere but despotic formulae.' this was made in connection with the quantification of the 'time imperative' in the matter of disposal .....

Hitendra Nath Goswami Vs. State of Assam and ors.

Court : Guwahati

..... j. who delivered the opinion of the court in jatin mali wherein detenu's plea based on infraction of section 3(5) of the act was rejected. the expression 'as presently advised', i consider, adequately protected my views and reservations. in so far as i am concerned, the plea was rejected because on the facts of the case, joynath could ..... or by an officer of the state government, has been enacted by parliament, as under our federal structure the centre must always keep a vigilant eye in the matter of life or liberty of the citizen guaranteed under article 21. after referring to articles 256, 257 and 258(2) of the constitution, it further held that, where the central ..... to the central government. it has to apply its mind to it, keeping in view the policy and objects of the act. parliament intended that central government should always keep a vigilant eye in the matter of life or liberty of the citizen guaranteed by article 21.22. it is for the central government to revoke or not the detention .....