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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: guwahati Year: 2011 Page 1 of about 21 results (0.023 seconds)

Apr 21 2011 (HC)

Shri Dulal Mandal and ors. Vs. State of Assam

Court : Guwahati

Decided on : Apr-21-2011

..... unrebutted, warrant conviction of the accused, no charge, in the light of the provisions of section 245 cr.pc., can be framed in a warrant case instituted otherwise than on police report. 14. now, turning to the question as to whether prosecution of the present petitioners is permissible in law in the absence of, admittedly, any allegation in the complaint ..... civil supplies, government of assam, kamrup, guwahati, that the present petitioners were, at the relevant point of time, partners of the said firm and, having received this information and acting thereupon, the food inspector has lodged complaint against the present petitioners without ascertaining if the petitioners were, as partners of the said firm, in charge of, and responsible to, the ..... brothers and m/s tulsyan traders and alleging that the said firm and its partners had committed offence under section 17 and were, therefore, punishable under section 16 of the pfa act for selling and having stored for sale the adulterated arahar dal, the food inspector obtained the consent from the appropriate authority for prosecution of all the accused under section 20 ..... dal was artificially colored with non-permitted coltar colour (metanil yellow) and unfit for human consumption and was, therefore, adulterated within the meaning of section 2 (ia) (b) of the pfa act. (d). the food inspector, thereafter, wrote to the deputy director, food and civil supplies, kamrup, and, then, to the registrar of firms, government of bihar, patna, to know .....

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May 27 2011 (HC)

Subansiri Koiborta Meen Palan Self Help Group Vs. the Commissioner and ...

Court : Guwahati

Decided on : May-27-2011

..... right over the fishery in question, the forest department has claimed its right by virtue of the aforesaid regulation including the provisions of the forest act. in this connection it has also been brought in record that the subansiri reserve fishery mahal is located well inside the notified subansiri reserve forest ..... any fishing in such water channels lakes or ponds would naturally be subject to the effect of a notification issued under section 20 of the act. the definition of forest produce as indicated in the judgment, is more or less in tune with the definition of forest produce finds mention in ..... the reserved forest area unless the same is permitted by the forest settlement officer or by the state government in accordance with the provisions of the act. it has been observed that fish is produced in water channels, ponds and lakes by natural process. if such water channels, ponds or ..... rules." 6. we have every reasons to doubt whether the provisions of "the rules" are applicable to fishery settlement. however, when both the parties acted under the impression that the rules wee applicable to the settlement of fishery we do not propose to decide the question as to whether the provisions ..... and service of such processes; (c) the costs of all proceedings under this regulation; (d) the matter in which representatives shall be appointed to act in matter relative to this regulation on behalf of any body of settlement holders or persons entitled to, or with whim it may be desirable to make .....

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Mar 22 2011 (HC)

Joy Kanta Dihingia Vs. State of Assam

Court : Guwahati

Decided on : Mar-22-2011

..... post mortem examination, arrested the accused, seized the incriminating weapon (hoe) and recorded the statement of the witnesses. at the close of the investigation, police submitted charge sheet against the accused for the offence under section 302 ipc. (4.) the offence, under section 302 ipc, being exclusively triable by the ..... imprisonment for life, or imprisonment of either description for a term which may extend to ten years and fine. secondly, if the act is done with knowledge that it is likely to cause death but without any intention to cause death or such bodily injury as is likely ..... section 304 ipc, depending upon different circumstances, two kinds of punishments have been prescribed. firstly, under part-i of section 304 ipc, if the act by which death is caused is done with intention of causing death or such bodily injury as is likely to cause death, the punishment is ..... , if the death is caused without any premeditation in the heat of passion upon a sudden quarrel without the offenders having taken undue advantage or acted in a cruel or unusual manner, the death does not amount to murder. culpable homicide and murder involve the killing of a person. what ..... committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. explanation.- it is immaterial in such cases which party offers the provocation or commits the first assault. exception .....

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Mar 10 2011 (HC)

The Management of M/S Steelsworth Vs. State of Assam and ors.

Court : Guwahati

Decided on : Mar-10-2011

..... years holding that the same, however, would not preclude the respondent union to proceed in the matter in accordance with the provision of the act; d) the majority of the workmen of the company submitted an application for revision of retirement age of a workman and during the course ..... certified copy of that agreement shall be filed alongwith the application." 14. upon a close scrutiny of the above provisions of section 10 of the act alongwith the relevant records including the impugned order dated 15.03.2008 passed by the respondent no. 2, the following points would emerge- a) ..... urged that the order dated 15.03.2008 passed by the respondent no. 2 cannot stand being dehors the provision of section 10 of the act. 10. mr. sharma, learned senior counsel would further urge that there being a settlement between the majority of workers and the management raising the ..... the petitioner herein is the management of m/s steelsworth pvt. ltd. tinsukia makum road, tinsukia a private ltd. company registered under the companies act, 1956 having its registered office at kolkata. the company deals with manufacturing and fabrication of steel items of various descriptions including machineries having the strength ..... to the order dated 15.03.2008 whereby and whereunder the labour commissioner and certifying officer under the industrial employment standing orders act, 1946 (for short 'the act') raised the superannuation age of the workers of the company to 58 years with effect from 01.01.2008 holding that the .....

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Mar 17 2011 (HC)

M/S. Kamakhya Plastics (P) Ltd. Vs. State of Assam and ors.

Court : Guwahati

Decided on : Mar-17-2011

..... questionable policy, andcontrary to the general principle that legislation by which theconduct of mankind is to be regulated ought, when introduced forthe first time, to deal with future acts, and ought not to changethe character of past transactions carried on upon the faith of thethen existing law". the courts will not, therefore, ascriberetrospectively to new laws ..... date of its issue. thus, the notification, as envisaged bythe 2nd proviso is, according to mr. dutta, prospective in nature.when the parent legislation, i.e., agst act, 1993, makes theexemption prospective in nature, the subordinate legislation, i.e.,the notification, in question, could not have been maderetrospective and cannot be read in law as retrospective. ..... order, dated 24.09.2009,aforementioned, that the appellant had already enjoyedconcessional rate of tax during the period from august, 2001, tojanuary, 2003, and that by its act of having enjoyed the benefit ofconcessional rate between august 2001 and january 2003, the appellant had shown its clear understanding that the notificationwas retrospective in nature and, hence, the ..... whichwe have to answer, in this appeal, has also arisen, and thequestion is: when a statutory authority, while determining thequestion of reopening of assessment of taxable liability, acts onthe basis of the clarification, which such an authority obtainsfrom his superior authority, on the issue raised in the proceedingsof reopening of assessment, and opens the assessment and makes .....

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May 16 2011 (HC)

Sri Arunjyoti Dutta Vs. Smt. Rupali Buragohain

Court : Guwahati

Decided on : May-16-2011

..... the appellant, for the purpose of staying together with him, the appellant, instead of allowing her to lead a peaceful conjugal life, informed the police regarding her tendency to commit suicide. apparently, this would go to show there was no sincere effort on the part of the appellant to greet ..... society for the perpetuation of race, permitting lawful indulgence in passion to prevent licentiousness and for procreation of children. desertion is not a single act complete in itself, it is a continuous course of conduct to be determined under the facts and circumstances of each case. after referring to ..... desertion' in the context of section 13(1)(i-b) in the following manner: "8. "desertion" for the purpose of seeking divorce under the act, means the unintentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause. in other words it ..... the appellant, having found no way out, filed the suit seeking decree for divorce, as per provisions of section 13 of the hindu marriage act, on the ground of desertion and mental cruelty. 4. the respondent entered appearance before the trial court and filed her written statement stoutly denying all ..... case no.t.s.(m)12/2002, dismissing the prayer of the appellant-husband for a decree of divorce under section 13(1) of the hindu marriage act, 1955. 2. we have heard ms. p. bhattacharya, learned counsel appearing on behalf of the appellant-husband. however, none appears for the respondent- .....

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Mar 17 2011 (HC)

Smti Chandramati Devi Vs. Shri Rajib Bora and ors.

Court : Guwahati

Decided on : Mar-17-2011

..... material damage done to the vehicle during the period of requisition, as assessed in the manner mentioned in sub-s.(2) of s. 4 of this act. (3) the delivery of possession of the vehicle to the owner or his accredited agent shall be a full discharge of any liability of the ..... refuse to take possession of the vehicle on the ground that damage has been caused to the vehicle. section 5 of the assam requisition and control of vehicles act, 1968, reads: "5. release from requisition. (1) the officer or authority requisitioning a vehicle may, at any time, release the vehicle from requisition and ..... vehicle is not essential for the purpose of treating a vehicle released from requisition. in fact, section 5 of the assam requisition and control of vehicles act, 1968, makes it clear that when an order has been passed directing release of the vehicle and notice thereof has been given to the vehicle owner, ..... , the conclusion of the apex court contained in paragraph 11(v) will squarely apply so as to make the present appeal under section 19 of the act not maintainable. we, therefore, take the view that this appeal is not maintainable. it is accordingly dismissed leaving it open for the appellant to avail of ..... reduce the amount of compensation, which the appellant was, otherwise, entitled to receive, the appellant filed an appeal under section 19 of the contempt of courts act, 1971. the appeal gave rise to contempt appeal no.03/2009, which was disposed of by a division bench of this court on 20.11.2009 .....

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May 03 2011 (HC)

Sampa Karmakar Vs. Sanjib Karmakar

Court : Guwahati

Decided on : May-03-2011

..... to retire in the night she used to switch on the lights of the room and even attempted go outside at late night and telephone the police to come and arrest her. according to him, the appellant used to keep a knife with her and constantly threatened him with dire consequences. the ..... -existence of the parties impossible from the view point of the respondent so as to tantamount to cruelty within the meaning of section 13 of the act. the instances cited, unusual though, if correct, the respondent's role as a husband to control and rectify the appellant cannot be overemphasized. evidence ..... same intensity of the disease and that mere branding of a person as schizophrenic, therefore, would not suffice to warrant a decree of divorce under the act. (38.) as referred to hereinabove, the documents (exhibit-1 to 7) had not been proved by the respondent in accordance with law and when ..... that the appellant at the time of marriage and also thereafter had been suffering from mental disorder as contemplated in section 13 (1)(iii) of the act, the decree of dissolution of marriage has been rightly granted and, therefore, no interference with the impugned judgment and order is warranted. while contending ..... prove that the appellant was at all relevant times of unsound mind and/or suffering from mental disorder within the meaning of section 13 of the act, the learned trial court had fallen in gross error in dissolving the marriage between the parties and that, therefore, the impugned judgment and order .....

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Feb 10 2011 (HC)

Nilakshi Mili Vs. State of Assam

Court : Guwahati

Decided on : Feb-10-2011

..... considered at all. an advertisement or notification issued/published calling for applications constitutes a representation to the public and the authority issuing it is bound by such representation. it cannot act contrary to it. one reason behind this proposition is that if it were known that persons who obtained the qualifications after the prescribe date but before the date of interview ..... respondents/authorities concerned ought not to have called the petitioner and respondent no. 7 to the interview nor they should have had interviewed any of the said two candidates. the act of interviewing these two candidates and the recommendations made in favour of the respondent no. 7, for appointment to the said post, are wholly against the law and cannot, therefore .....

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Feb 15 2011 (HC)

Milan Baidya Vs. the State of Assam.

Court : Guwahati

Decided on : Feb-15-2011

..... statute differs materially from the law contained in the indian evidence act in .the danger of importing, without due discernment, the principles enunciated in ancient english decisions, for, interpreting .xxxxx xxx.from the above conspectus, it emerges clear that even in a ..... be misconception regarding the effect on the testimony of a witness declared hostile.it is a misconceive12.the terms "hostile", .adverse" or "unfavourable" witnesses are alien to the indian evidence act.the terms "hostile witness "to steer clear of the controversy over the meaning of the terms 'hostile' witness, 'adverse' witness, 'unfavourable' witness .it is important to note that the english ..... record of the witnesses as indicated above, it would appear to us that before calling15.now the issue before us is, how far the evidence of hostile witness can be acted upon.before dealing with the subject we a16.in the case of gura singh, appellant v.state of rajasthan, respondent reported in air 2001 supreme court 330 in para 11 .....

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