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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: guwahati Page 1 of about 1,267 results (0.091 seconds)

Mar 15 1963 (HC)

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

Court : Guwahati

..... itself justify any interference. in that context, the majority judges in that case observed as follows :"reading them (that is the two parts of section 39 of the calcutta police act no.iv of 1866) together, it is in our opinion fair and reasonable to come to the conclusion that the discretion of the commissioner in this matter is guided by the two objects ..... , various documents were seized and a copy of the seizure list was prepared. during the course of this search, the employees and officers of the income-tax department and the police acted in an extremely high-handed manner, tore up various documents, voucher receipts including requisition slips of certain cheque books, went and searched apartments occupied by the ladies of the household ..... revenue but in such a proceeding he is competent to exercise all the powers a civil court has under the code.section 46(2) of the income-tax act was considered also by the calcutta high court in kashiram agarwalla v. collector of 24- parganas. it was held there that the procedure under the civil procedure code was independent of any proceedings under the ..... of your petitioners employees thereon.(iv) in the course of the said search and seizure the employees and the officers of the income-tax department and police under the direction of the respondent no. 10 acted in an extremely high-handed manner, tore up various documents, voucher receipts including requisition slips of certain cheque books, went and searched apartments occupied by the .....

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Dec 07 1963 (HC)

Aghore Chandra Deb Barma and ors. Vs. the State

Court : Guwahati

..... likely to cause a breach of peace.now, therefore, in exercise of the power conferred by sub-section (2) of section 30 of the police act, 1861 (act v of 1861), i do hereby require any such persons to submit to me at least 3 days before any date that may be fixed ..... directing the procession. the petitioners being persons directing or promoting the procession were required to apply for a license under section 30(2) of the police act. they are, therefore, liable to be held guilty under section 32 for taking out procession without a license in contravention of the notice issued under ..... knowledge of this notification. lastly, the learned counsel for the petitioners contended that persons can only bet properly convicted under section 32 of the police act, if it is established that they were directors or promoters of a procession and were as such under an obligation to apply for a license ..... the appropriate legislative authority. in the present case, the notification ex, p-i was in compliance with section 30 sub-section (2) of the police act, therefore it was a law and certainly a legal process.14. the learned counsel for the petitioners next urged that the knowledge of the order ..... doubt that the accused petitioners were the organisers of the procession in question, and therefore, they had committed an offence under section 32 of the police act by taking cut the procession without any license. he therefore convicted and sentenced them as mentioned above.8. thereupon, they went in revision to the .....

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Feb 21 2003 (HC)

Mahabir Coke Industries Pvt. Ltd. Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... petitioner had been enjoying in law under the scheme, the allegation if correct would render any collection of such tax to be in contravention of the provisions of the 1956 act. the acts having provided the consequences in such an eventuality, in my view, the state respondents ought to have resorted to the relevant provision thereof. the apex court in similar circumstances ..... as in the instant case, according to him, while making the impugned demand, the respondent no. 2 did neither resort to the procedure prescribed under section 65a of the 1993 act not had verified each and every transaction for which allegedly the central sales tax had been collected by the petitioner, the same is illegal, arbitrary and without jurisdiction. thirdly, the ..... saraf, learned senior counsel for the petitioners has advance three-fold arguments. firstly, the petitioner is entitled to exemption from payment of sales tax both under the 1993 act and the 1956 act under the scheme and therefore, the contention of the state respondent that it is not entitled to benefit of exemption from central sales tax is wholly untenable. secondly, according ..... of industries within the state. accordingly, the assam industries (sales tax concession) scheme, 1995 was published vide notification dated 16.8.1995 under section 74(3)(f) of the said act. the answering respondents, therefore, contended that the issue with regard to grant of sales tax exemption to the petitioner was to be guided and regulated by the provisions of the .....

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Sep 12 2008 (HC)

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

Court : Guwahati

..... unfounded. according to the board, the petitioner's business particulars as discernible from the writ petition establish that the goods involved are delivered at guwahati from hyderabad and calcutta in terms of some agreement in existence between the consignor and the consignee and that therefore, its (petitioner) representation that such transactions are in the nature of stock ..... challenge to a levy thereunder, otherwise available to him in law.36. we propose hereafter to deal with the various contentions bearing on the amendments of the act. the act as its preamble discloses is a legislation to provide for better regulation of buying and selling of agricultural produce and the establishment of market for agricultural produce ..... system all over the country through coordinated implementation of the relevant legislations. inconformity with the said guide-lines, the government of assam occasioned amendments to the principal act for which act 2000 was enacted. in the meantime, the board being aggrieved by the judgment and order dated 04.04.2001 of the full bench of this court, ..... agricultural markets in private and corporate sectors, creation of an environment conducive to emphasise investments in marketing related infrastructural facilities, modernization and strengthening of existing markets etc. act 2006, according to the answering respondent, has been enacted to promote the development of agricultural markets under the relevant schemes of the government of india and to streamline .....

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Jun 21 1960 (HC)

Gopal Chandra Pal Vs. Tripura Administration

Court : Guwahati

..... excluding the evidence regarding the truth or falsity of the cards let in at the trial or in other words the entire evidence collected by the police in the course of their further investigation. if we exclude such evidence totally from consideration, it cannot be said that there has been any unfairness ..... entries in those documents to prove that the cards were false.those witnesses and documents were not mentioned in the charge-sheet submitted by the police and were brought in after the further investigation. there is no doubt that the appellant has been taken by surprise by the production of such ..... the framing of the charge.the report contemplated under section 170 (1), cr.p.c. when it appeared to the officer-in-charge of the police station that there was sufficient evidence, had already been submitted in this case. in fact the report under section 173 after the conclusion of the ..... the accused person before the enquiry or trial is commenced, makes the limitation of the power of the police for further investigation clear beyond doubt. section 8 of the criminal law (amendment) act makes the procedure for the trial of warrant cases applicable to trials before the special judge.if we turn ..... the principle enunciated in the two decisions appears to have been approved by the legislature by the amending act 26 of 1955.10. even granting that such investigation was permissible it was the duty of the police under section 173 (4), cr.p.c. to have given copies of the further documents including .....

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Jul 02 2008 (HC)

Harendra Kumar Deka Vs. State of Assam and ors.

Court : Guwahati

..... , which resulted in the death of prakash deka, enquired by the commission. we are informed that a commission contemplated under section 70 of the assam police act is already constituted headed by mr. justice dn chowdhury, a retired judge of this court.45. in the circumstances, we direct the state to cause ..... , the commission may review its findings upon receipt of additional information from the director general of police of the state that may have a material bearing on the case 44. notwithstanding the mandate contained in the assam police act, 2007, it appears that no steps have been taken by the respondents to have the incident ..... the said entry is subject to entry 2a of list i of the same schedule.the state of assam made the assam police act, 2007 which was published in the assam gazette extraordinary on 6th august, 2007 and by virtue of section 1(2) of the ..... titled kelly and ors. v. united kindgom.43. the assam police act, 2007 to some extent deals with the situation. section 70 of the act contemplates the establishment of a state level police accountability commission, the composition of which is described under section 71 of the act as follows:71. composition of the commission - the commission ..... prevention of crime or in effecting or assisting in the lawful arrest of offenders? (3) is there any difference between the position of a soldier or police officer acting in the course of his duty, on the one hand, and an ordinary member of the public on the other? (4) if a verdict .....

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Aug 30 2007 (HC)

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

..... on the ground of excessive delegation of power. mr. ganesh has also placed reliance on another constitutional bench decision of the apex court in corporation of calcutta v. liberty cinema : [1965]2scr477 (in short, 'liberty cinema'). therefore, according to the learned senior counsel the levy of tax prior to ..... of the constitution, to the 1998 bill, however, except for goods relating to prasar bharati and all kinds of textiles and fabrics. consequently, 2001 act (principal act) was enacted, which came into effect on march 29, 2001. by first amendment, the definition of 'entry of goods into a local area' ..... the said clause and if he is liable to pay tax on such sales as a registered dealer under the assam value added tax act, 2003 (assam act viii of 2005);(ii) if the sale of such specified goods are made by the importer in the course of inter-state trade or ..... burden, therefore, shifts to the state to prove that such discriminatory restrictions were reasonable and in public interest. admittedly before enactment of the principal act the presidential sanction was obtained. the state, however, has not even attempted by making necessary pleadings to prove that such discriminatory tax is reasonable ..... writ petitioners in support of their contention, in that regard, do not lay down the law that the subsequent amendments made to the principal act, which received the previous presidential sanction, can only be saved by obtaining fresh presidential sanction. according to the learned aag, as by the .....

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May 24 1968 (HC)

Nireswar Gogoi Vs. State of Assam

Court : Guwahati

..... per se would not convert an excise officer's report of an offence under the assam act into a police report to attract the provisions of section 251-a of the criminal procedure code.with respect, the decisions of the calcutta high court and the madhya pradesh high court, referred to above, in view of the ..... the code. whatever justification there may be for holding that the report of an excise officer under the west bengal and the madhya pradesh acts is not a police report as contemplated under section 251-a, as the same has not been submitted under section 173 of the code of criminal procedure ..... clear that although an excise officer may not be a police officer in fact and in law, the report made ..... is a police report, but not so for the purposes of chapter xiv of the code of criminal procedure. this is the view which was taken by the calcutta high court in the case of premchand khetry v. the state : air1958cal213 , where the following passage occurs:section 20-g, opium act, makes it ..... procedure laid down in the west bengal and madhya pradesh acts, are correct; but, these decisions are .....

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Mar 17 2003 (HC)

Md. Zakir HussaIn Vs. State of Assam and ors.

Court : Guwahati

..... the gmc, the bye-laws under challenge cannot be allowed to stand good on record.192. it has been submitted by mr. k.n. choudhury that in the corporation of calcutta v. liberty cinema : [1965]2scr477 , the apex court has held that a statutory provision for raising revenue for the purpose of the delegates for carrying out its functions under ..... down in international tourists corporation v. state of haryana and ors., reported in : [1981]2scr364 , giridharilal v. state of j&k;, reported in air 1969 j&k; 113, corporation of calcutta v. liberty cinema : [1965]2scr477 , gopal narayan v. state of u.p. : [1964]4scr869 , state of karnataka v. drive-in-enterprise, reported in : [2001]2scr378 , kerala state electricity board v ..... no. 2, who is the principal secretary to the government of assam, municipal administration department, vide wt message dated 6.2.2002, addressed to all deputy commissioners and superintendents of police, while expressing concern over the creation/ installation of check-gates or barriers on national highways under some pretexts and for running of parking places, had requested the concerned authorities to ..... , and nhai act, 1988, and the rules made thereunder for installation of toll booths/toll plaza, parking places, etc., for proper management of the national highways or stretches thereof entrusted to it.7. the respondent no. 9, who is the director general of police, assam, has also filed his affidavit-in-opposition, which reveals, in short, thus : a wt message, dated 6 .....

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May 13 2004 (HC)

Karuna Das Vs. State of Assam and ors.

Court : Guwahati

..... pursuant to a departmental proceeding initiated and completed against him.2. the departmental proceeding no. 17/99 was drawn against the petitioner under section 7 of the police act read with rule 66 of assam police manual part-iii read with article 311 of the constitution of india. the charge sheet was issued under memo dated 29.7.1999 and it reads as ..... . battalion abhayapuri,distt. bongaigaon, assam.sub : show cause notice d/p no. 17/99you are hereby asked to show cause under section 7 of indian police act, (act v of 1861) read with rule 66 of assam police manual part-iii and article 311 of the constitution of india, as to why any of the penalties prescribed therein should not be inflicted on you ..... was violation of article 311(2) of the constitution of india, which is not the case at hand. in the case of sudhir ranjan (supra), the division bench of the calcutta high court held that the notice to show cause must be reasonable i do not understand how the case helps the petitioner. during the course of argument mr. dasgupta placed ..... . mr. dasgupta learned counsel relied upon the decision of the apex court as reported in : (1959)illj167sc khem chand v. union of india and ors. and the decision of the calcutta high court as reported in : (1961)iillj283cal sudhir ranjan haider v. state of west bengal.8. mr. h.k. mahanta, learned state counsel made submission on behalf of the respondents .....

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