Court : Guwahati
..... personal liberty, the procedure established by law must be strictly followed and must not be departed from to the disadvantage of the person affected. right to life enshrined under article 21 of the constitution means something more than mere survival or animal existence and it would include the right to live with human dignity. ..... 1 and the said assam rifles personnel had completely violated the established principles of law laid down under sections 4 and 5 of the armed forces special powers act, 1958, thus detaining mr. philip in their custody unlawfully and thus causing mental agony to the family members of the writ petitioner, for which adequate compensation ..... there are procedure for arrest and production of person or persons. for better appreciation of the matter, the related provisions of sections 4 and 5 of the act are quoted below :-4. special powers of the armed forces.-any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in .....
Tag this Judgment!Court : Guwahati
..... corrected by any other method open to the judiciary to adopt. the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. respect for the rights of individuals is the true bastion of democracy. ..... illegal incarceration. while disposing of the petition; the apex court pointed out as under:--(at page 1647 of cri lj) :----article 21 which guarantees the right to life and liberty will be denuded of its significant content if the powers of the supreme court were limited to passing orders of release from illegal detention. one of ..... and friendly as claimed by the 4th respondent, there is no reason ostensible or otherwise for the detenu to have chosen to go underground and lead a hard life at this advancing age. therefore, the findings of the investigating officer recorded in paragraph 6 of its report that the detenu viyikhu sema being a close relative .....
Tag this Judgment!Court : Guwahati
..... eradication of environmental pollution have raised their voices for banning use of polythene bags as a definite step towards protection of the environment and above all, remedy of many problems afflicting hygenic condition of public life for use of plastic packets by statements in the newspapers and submitting memorandum and report has also been received ..... their commercial activities in a lawful manner. total or partial restriction can he imposed by an appropriate authority on this right of trade and commerce if they act contrary to provisions of law in this behalf. if the petitioners except the petitioner no. 2 have been operating their factories without a no objection certificate ..... preservation of public peace and tranquility and prevention of disorder and it has never been disputed that any order passed under section 37 of the bombay police act is subject to writ jurisdiction of the high court under article 226 of the constitution on the ground that it has the effect of violating or .....
Tag this Judgment!Court : Guwahati
..... , but it must reach a high degree of probability. proof beyond reasonable doubt does not mean proof beyond the shadow of doubt. the law would fail to protect the community if it is admitted fanciful possibilities to deflect the course of justice. if the evidence is so strong against a man as to leave only a ..... in the yardstick of probabilities, its intrinsic worth and adjudicate the situation on the balance human probabilities guided by the common sense, with the aid of the experience of life.23. it is fallacious to brush aside evidence for discrepancies alone. the maxim 'falsus in uno, falsus in omnibus' (false in one thing, false in every thing ..... material, it must also be kept in mind that there is generally a marked aversion/ distinctions of persons in appearing as witnesses. generally the court of fact may act on the testimony of solitary witness who is neither an accomplice, collaborator nor in any way akin to such an associate but an ordinary witness, without corroboration, unless .....
Tag this Judgment!Court : Guwahati
..... and radish and, therefore, the question of excluding ginger from the purview of the exempted goods, is per se arbitrary, the constitutional scheme is for protection of the socially and economically backward classes and the new measure to include ginger as a taxable commodity shall seriously affect the kuki tribe of the karbi ..... 35 stc 629 (sc) (relevant page 631); air 1975 sc 1492 (relevant page 1494)--'taxation considerations may stem from administrative experience and other factors of life and not artistic visualisation or neat logic and so the literal, though pedestrian, interpretation must prevail'.on overall consideration of the matter and for the reasons stated ..... three lists of the seventh schedule to the constitution are legislative heads or fields of legislation by the union or state or by both. by the act, 1993, the state legislature while exempting vegetables from taxation consciously did not exempt ginger, onion, garlic, spices and condiments though it might have excluded those .....
Tag this Judgment!Court : Guwahati
..... record. in the absence of such evidence, no criminal liability forthe sale of coconut oil by pranjivan can be fastened on manibai under the provisions of the act.12. shri singh, learned public prosecutor disagreeing with the submission advanced on behalf of the appellants submitted that the instant business carried in the name and style ..... of the food inspector. therefore, the evidence on record that the food inspector endeavoured to procure independent witness is enough compliance of section 10(7) of the act. failure to obtain an independent witness after such attempt will not vitiate the trial.10. the learned counsel for the appellants also argued that the inspection note ..... and, this alone is suggestive of the nature of adulteration. when adulteration of an article is committed within the meaning of section 2(ia)(1) of the act, no concession on the ground that the offence committed is technical in nature is permissible. this answers the first point raised by the learned counsel for the .....
Tag this Judgment!Court : Guwahati
..... this respondent in para 11 of the plaint were rather suitably applicable to the petitioner. the brother and mother of the respondent did never interfere in the affairs or family life of the petitioner. the child i.e. the girl debashree banik aged 5 years is along with this respondent and the petitioner did never spent a paise or offered a ..... to avoid further quarrel and complicacy the petitioner maintained quiet.9. that the respondent never cares for the petitioner in any matter and in the sphere of day to day life. she without any information to the petitioner goes out from the quarter and remains absent some times for days together of her own wish and accord. on 20-6-1989 ..... cruelty on the part of the wife.12. all the things detailed above cannot be deemed to be acts of cruelty as the appellant was compelled to resort to these things to protect herself. the husband wants to rely on exhibits -18 and 19, where the lady has been described as the wife of one pabitra kumar banik. that itself is .....
Tag this Judgment!Court : Guwahati
..... without any interference.4. petitioners' grievance is that by notification dated 13-6-85 issued by the respondent no. 6 under section 35 of the wild life (protection) act, 1972 (for short 'the act, 1972') the govt. incorporated certain areas of kanchanguri village measuring about 89.754 hectors into the kaziranga national park. though as per the said ..... . however, rights of any kind may be allowed to be continued as per section 24(2)(c) ofthe wild life (protection) amendment act, 1991 with the consultation with the chief wild life warden.23. section 19 of the act, 1972 has also been amended vide gazette of india publication dated 20-9-91 to the effect that the ..... is seen that the publication of the notification and the addition of the areas to the kaziranga national! park and burachapori sanctuary were necessary for protection of the wild life and also to improve environment and to safeguard the forest of the country. while adding the areas in question to the national park/sanctuary in .....
Tag this Judgment!Court : Guwahati
..... other documents ; and (d) issuing commissions.' 19. from the above provision, it is clear that the income-tax authorities while exercising various jurisdictions under the act enjoy the power of a civil court as provided in the code of civil procedure, 1908, for certain purposes including for issue of commission. section 75 of ..... .' 13. learned counsel for the revenue has submitted that the provisions contained under sections 55a, 133(6) and 142(2) of the income-tax act are all enabling provisions which legally vest power in the assessing authority to call for a valuation report from the valuation officer of the department regarding the ..... section 133 reads as follows : '133. the assessing officer, the deputy commissioner (appeals), the deputy commissioner or the commissioner (appeals) may, for the purposes of this act--. . . (6) require any person, including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish statements of .....
Tag this Judgment!Court : Guwahati
..... other documents ; and , : (d) issuing commissions. 133. the assessing officer, .... the, deputy commissioner or the commissioner (appeals) may, for the purposes of this act,--. . . (6) require any person, including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish statements of ..... and other documents ; and (d) issuing commissions.' from the above provision, it is clear that the income-tax authorities while exercising various jurisdictions under the act enjoy the power of a civil court as provided in the code of civil procedure, 1908, for certain purposes including for issue of commission. section 75 ..... which is subject to speedy and natural decay and which is in the custody of the court pending determinationof the suit ; (g) to perform any ministerial act.' clause (e) of section 75 of the civil procedure code, provides that the court can issue commission for holding scientific, technical or expert investigation. the function .....
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