Court : Guwahati
..... as mr. d.p. saikia, learned counsel for the state. 3. while investigating the koliabor ps case no. 161/88 under section 51(1) of wild life protection act, 1972 (for short, 'the act') read with section 379 ipc on receiving a secret information that a stolen rhino horn had been consealed by the accused-revisionist, the police raided the house of ..... argued by the learned counsel for the revisionist. 7. in view of the discussions made above, the conviction of the revisionist under section 25(1)(a) of the arms act is not sustainable. therefore, the present revision succeeds and accordingly the same is allowed. the judgment and order dated 24.1.1995 passed by sri d.d. bhuyan, addl ..... to be fire arms both live and empty. after obtaining sanction required under section 39 of the arms act the accused was put on trial. the learned magistrate found the accused-revisionist guilty under section 25(10)(a) of thearms act, sentenced him to 3 years ri and a fine of rs. 2000, in default of payment of fine .....
Tag this Judgment!Court : Guwahati
..... that the show cause notice issued to the appellant was wholly without jurisdiction and the registrar in the circumstances of the case was not justified in acting as the tribunal'.'19. earlier, addressing the question in relation to the practice earlier adopted by the high court while exercising its power under article ..... list approved under rule 173c. petitioner submitted price list for the approval before the central excise authority (assistant collector) as required by rule 173c of the act and there arose a controversy between the petitioner and the department which was ultimately settled between them by the customs excise & gold (control) appellate tribunal, ..... central excise,shillong, who issued the show cause notice to the petitioner in the alleged exercise of power under the provisions referred to hereinabove, has acted illegally and without authority of law only for causing harassment to the petitioner and therefore, the said notice should be quashed and the respondents should be .....
Tag this Judgment!Court : Guwahati
..... submitted that the satras being religious institutions performing religious functions, their right to perform such functions are protected and cannot be interfered with in any manner. inn this context, introduction of section 25a of the act has been challenged. 11. the assam act no. xix of 1987 received the assent of the governor of assam on october 19, 1987, ..... or precept or a doctrine may be predominant in the matter of religion; and to yet another class of persons a code of conduct or a mode of life may constitute religion. even to different persons professing the same religious faith some of the facets of religion may have varying significance. it may not be possible, therefore ..... would be within the purview of clause (d) of article 26 of the constitution. the distinction in regard to the two kinds of activities and extent of their protection from outside interference is very well countenanced by a bare perusal of clauses (b) and (d) of article 26. in this light of the matter we find .....
Tag this Judgment!Court : Guwahati
..... for that spells arbitrariness and violates. article 14, dougles, j, made this point clear :there is increasing recognition of the fact that the basic theme of equal protection is implicit in "cruel and unusual" punishments. "a penalty... should be considered 'unusually' imposed if it is "administered arbitrarily or discriminatorily."'they are pregnant with ..... he a person who patently amenable to reform? well may one exclaim with prof. vrij : "what audacity is involved in these three tasks : too interpret life explain an act, predict the latest inclination of a human mind".28. 'special reasons' we may therefore, say are reasons which are special with reference to the offender, with ..... the wall and commit such gruesome murders on failure to satisfy the lust - the human lust ought to know its limits. imaginations shall have to run wild to consider existence of any mitigating factors in the matter of sentence, having due regard to even the subsequent conduct of the accused in the matter .....
Tag this Judgment!Court : Guwahati
..... for that spells arbitrariness and violates. article 14, dougles, j, made this point clear : there is increasing recognition of the fact that the basic theme of equal protection is implicit in 'cruel and unusual' punishments. 'a penalty... should be considered 'unusually' imposed if it is 'administered arbitrarily or discriminatorily.' 'they are pregnant with ..... is he a person who patently amenable to reform? well may one exclaim with prof. vrij : 'what audacity is involved in these three tasks : too interpret life explain an act, predict the latest inclination of a human mind'. 28. 'special reasons' we may therefore, say are reasons which are special with reference to the offender, ..... the wall and commit such gruesome murders on failure to satisfy the lust - the human lust ought to know its limits. imaginations shall have to run wild to consider existence of any mitigating factors in the matter of sentence, having due regard to even the subsequent conduct of the accused in the matter of .....
Tag this Judgment!Court : Guwahati
..... impart regularity predictability, consistency and certainty in the action of the public authority. the principle of legitimate expectation provides for the entitlement of the procedural protection. the principle of legitimate expectation is a doctrine that surfaced as a legal policy in england in early 1970. the expression of legitimate expectation ..... non-arbitrariness and conform to article 14. in a democratic polity there is no such element as unfettered discretion. the state and its instrumentalities are to act fairly, candidly and in unprejudiced fashion free from arbitrariness, caprice or bias. discretion, as stated by great coke, is 'scire per legem quod sit ..... learned counsel appearing on behalf of the corporation not only defended the action of the respondents but also pointed out that the authority all through out acted bona fide and in the interest of the administration. ms. hazarika, learned counsel appearing for the respondents submitted that in taking the impugned action the .....
Tag this Judgment!Court : Guwahati
..... impart regularity predictability, consistency and certainty in the action of the public authority. the principle of legitimate expectation provides for the entitlement of the procedural protection. the principle of legitimate expectation is a doctrine that surfaced as a legal policy in england in early 1970. the expression of legitimate expectation ..... non-arbitrariness and conform to article 14. in a democratic polity there is no such element as unfettered discretion. the state and its instrumentalities are to act fairly, candidly and in unprejudiced fashion free from arbitrariness, caprice or bias. discretion, as stated by great coke, is 'scire per legem quod sit ..... learned counsel appearing on behalf of the corporation not only defended the action of the respondents but also pointed out that the authority all through out acted bona fide and in the interest of the administration. ms. hazarika, learned counsel appearing for the respondents submitted that in taking the impugned action the .....
Tag this Judgment!Court : Guwahati
..... been reproduced above, in our considered view envisages about the enquiry to be conducted about the cause of the accident resulting into the loss of human life. it appears to us that section 33 has been enacted for altogether different purposes mentioned therein, but not for the purpose of determining compensation to the ..... n. n. saikia, learned sr. advocate representing the appellants has argued only one point before us. with reference to section 33 of the indian electricity act, 1910 it has been submitted that the plaintiff instead of rushing to the civil court should have filed a complaint to the electrical inspector underthe aforementioned provision ..... act reads as under :-- '33. notice of accidents and inquiries (1) if any accident occurs in connection with the generation, transmission, supply or use of energy in or in connection with, any part of the electric supply-lines or other works of any person and the accident results or is likely to have resulted in loss of human or animal life .....
Tag this Judgment!Court : Guwahati
..... up action for eviction of the persons from the area falling within the declared sanctuary in accordance with the provisions as contained in chapter iv of the wild life (protection) act, 1972 but none of these things have been found to be followed by the respondents in issuing of passing the impugned eviction notice for initiating eviction ..... said case is as to whether the said land is a portion of a sanctuary declared by the state government as required under section 18 of the wild life (protection) act, 1972 and whether the eviction notice was issued upon the chief of the village in accordance with law or not. from the available materials on record, ..... govt. of manipur by invoking the powers conferred upon the authority under section 18 read with section 19 of the wild life (protection) act, 1972 but it is not a notification as required under section 2(22) of the act which envisages that 'notification' means a notification published in the official gazette. in the instant case, the state .....
Tag this Judgment!Court : Guwahati
..... right to establish and administer educational institutional of their choice has necessarily to be understood in that context and not outside. otherwise it will not result in the protection of any cultural or educational right. we, therefore, hold that a linguistic minority for the purpose of article 30(1) is to be determined with reference to ..... new committee wasconstituted. the petitioner have challenged the dissolution of theearlier committee mainly on the ground that the period of 3 yearshad not expired and during the life span of the said committee itwas dissolved with mala fide intention and even the principles ofnatural justice were not followed, i.e. even no show cause noticewas ..... authority was mala fide. 11. the 1976 rules were framed under the executive powers of the state. apparently, these were not framed under the 1977 act as the act came into force after the rules were promulgated. a bare perusal of the rules shows that these were promulgated by the govt. of assam and came into .....
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