Court : Guwahati
Decided on : Jan-06-1984
..... and the order is reversed, the decision of the lower court on other points may remain unaffected as stated in shri prithivi cotton mills v. broach municipality : air1968guj124 . similarly, if while disposing of the special leave petition, the question of law is kept open, as was done in management of d ..... supreme court indicating its reasons for the decision rendered, then and then only article 141 will be attracted albeit only as respects the point of law decided see, municipal committee v. hazara singh : 3scr914 ; prakash chandra v. state of u.p. : air1960sc195 .40. 'law' sans reason is incomprehensible. reasons give ..... not cover the delay due to negligence, callous inaction, avoidable red-tapism and unduly protracted procastination.(emphasis supplied)19. in rattan singh v. state of punjab air 1982 sc 1 : 1982 cri lj 146, the supreme court emphasised that the power under section 11(1) of cofeposa in order to be ..... material before the court to show that the central government did not apply its mind under section 14 of the act. but in the later case in sat pal v. state of punjab : 1981crilj1867 , the supreme court while dealing with power of the central government under section 11 of cofeposa observed ..... affirmative, as proposed in the leading judgment.36. indeed, how can one dispute the proposition that sections 3(5) and 14(1), -national security act (shortly the act) must be read in the context of articles 14, 21 and 22(5) of the constitution and not in isolation : if that be so, .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-22-1984
..... be said to have intended to cause death or he could be imputed the intention to cause that particular injury which has proved fatal? in jagtar singh v. state of punjab : 1983crilj852 their lordships dealt with somewhat, similar question. in that case as well there was a sudden quarrel and only one blow was. inflicted and their lordships expressed doubt as ..... the constitution. realizing necessity of separate forum for trial and for special treatment, training and rehabilitation of youthful offender. rule saleilles in 'the individualization of punishment' observed way back in 1911, thus:responsibility as the basis of punishment and individualization as the criterion of its application : such is the formula of modern law. the eyes of justice have too long been ..... perverts and the wayward as wayward as redeemable members of society.4. indeed, b dequires, put it as a kind of 'double entry penology.'4a. in every state a children act has been enacted and, juvenile offenders punishable with death or imprisonment for life, under those legislative mandates are tried exclusively by a separate court. joint trial of a youthful offender ..... rehabilitation of neglected or delinquent children and for the trial of delinquent children. joint trial of a child and a person not a child is prohibited under section 24, children act children's courts take care of a delinquent offender.2. section 27 criminal p.c. 1973, provides as under:27. jurisdiction in the case of juveniles. an offence not punishable .....Tag this Judgment!
Court : Guwahati
Decided on : May-04-1984
..... 1) cri lj 803) (supra). however, though their lordships did not explicitly approve this particular dictum we have no doubt that the view expressed by the punjab high court is correct and that it is a reasonable view with which we express our respectful agreement. for this view we find support from the constitutional ..... so construed as to exude reasonableness in its application.9. because, sub-sections (4) and (5) of section 479a give power to appellate courts also for acting under sub-section (1) thereof both negatively and positively, long delays may result before a decision is rendered on the question, whether or not action can be ..... , manufactured and spurious documents yet from the facts and circumstances the possibility that certified copy ext. hh was supplied by the silchar municipal board on realisation of requisite costs from defendant no. 1 .could not be ruled out. learned district judge also observed that the silchar ..... old code is captioned 'proceedings in case of certain offences affecting the administration of justice' and spans across the group of sections 476 to 487. by act no. 26 of 1955 sections 479a was inserted in this chapter to deal with 'procedure in certain cases of false evidence', as is indicated by the ..... municipal board on being summoned by the court to produce the original of ext. hh, had caused the production of ext. bb and .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-24-1984
..... trial where during the course of evidence some more facts may come to light. in making this submission, reliance is placed on charanji lal v. state of punjab air 1984 sc 80 : 1984 cri lj 15. in that case the matter was remitted to the high court for fresh decision because there were certain aspects ..... be acquitted at the end of the day on the ground of denial of right under section 13(2) of the act. a similar view of the matter has been taken in nandkishore v. state of punjab, (1983) 2 fac 320. it may be pointed out that the case at hand was taken as covered by ..... to be responsible for early decomposition of the sample.6. on these facts it cannot but be held that a valuable right under section 13(2) of the act was denied to the petitioner. the question is whether this is sufficient to quash the proceeding, or to put it differently, to discharge the accused-petitioner. ..... the case was not fit for framing of charge and the accused merited discharge in view of the denial of right under section 13(2) of the act. this was not accepted and the charge as aforesaid was framed.3. shri barua for the petitioner has principally relied in this connection on the decision of ..... the supreme court in municipal corporation of delhi v. ghisa ram : 1967crilj939 . in that case, it was held that the right conferred by section 13(2) of the act is a valuable right because the certificate issued by the director supersedes the report of .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-30-1984
..... was not clean or not dry. the only question which was put was that he had not cleaned the bottle either before bringing it from the municipal council or at the time of taking the sample. the court relied on the decisions in state of kerala v. alasserry mohammad : 1978crilj925 and in ..... been correct and could be depended upon. the accused was, therefore, held to be entitled to benefit of doubt. in lachman dass v. state of punjab 1972 fac 752 (punj & har) it has been held that the language of rule 14 admits of no ambiguity that it is imperative for the prosecution ..... the trial, but it certainly affects his credibility and that the food inspector who does not care to follow strictly the mandatory provisions of the act and the rules with which he is vitally concerned cannot be assumed to have much regard for truth. even supposing that he may be truthful, ..... formalities and there being no cross-examination on the question whether the bottles were clean and dry, the court ought to have presumed that the official acts were properly done and it committed error in acquitting the respondent. mr. s.s. sarma, the learned counsel for the respondent, counters submitting that ..... adulterated chillies powder which wits artificially dyed with prohibited coal tar dye prosecuted, the respondent was charged under section 7 read with section 16 of the act to which he pleaded not guilty.3. at the trial, the prosecution examined 3 while the defence examined 2 witnesses including the accused-respondent himself. .....Tag this Judgment!