gauhati-hc-order-1-426051.pdf
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This document is a 3-page court order from the Gauhati High Court regarding a writ petition filed by Mujib Rohman and Sheikh Rustam against the State of Assam and others regarding a notice prohibiting the sale of beef in the Sonari Municipal area. The petitioners' counsel argued that their clients have been conducting this business for generations and the new Cattle Preservation Act does not mandate a complete ban, only regulating the process. The court issued notice to the respondents returnable by July 25th and directed the state counsel to obtain instructions on the interim relief sought and steps taken to allocate sites for petitioners to conduct their business according to the new law.
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The petitioner, a borrower with a pending application before the Debts Recovery Tribunal in Coimbatore, sought an order prohibiting the respondent from taking property possession. The court noted a presiding officer was available to handle the case. While not interfering with the Tribunal's functions, the court directed it to dispose of the pending application within 8 weeks. The order stated any consequential possession actions would be subject to the Tribunal's ruling. The writ petition was then disposed of without costs.
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1) Ashad Ali, Md. Bidya Hussain, and Sahabuddin Munsi have applied for anticipatory bail in connection with a case registered under sections 363/366/376(2)(n) of the IPC and sections 6 of the POCSO Act and 9 of the Prohibition of Child Marriage Act.
2) The judge heard from the applicants' counsel and the Additional Public Prosecutor representing the state.
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WPC 224759/2012 high court Kerala Judgement uploaded by James Joseph Adhikarathil 9447464502
None of the parties have been able to point out to me any
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property when the property is under a mortgage to a creditor by
either the owner of the property or a former owner of the property.
It is settled law that the mortgage runs with the land and transfer of
ownership after the creation of the mortgage does not affect the
validity of the mortgage itself. Recommended
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The petitioner, a borrower with a pending application before the Debts Recovery Tribunal in Coimbatore, sought an order prohibiting the respondent from taking property possession. The court noted a presiding officer was available to handle the case. While not interfering with the Tribunal's functions, the court directed it to dispose of the pending application within 8 weeks. The order stated any consequential possession actions would be subject to the Tribunal's ruling. The writ petition was then disposed of without costs.
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This judgment involves a petition filed by Swati Rajiv Goswami seeking publication of rules framed by the police under Section 33 of the Gujarat Police Act, 1951 as well as publication and online access to all rules, regulations, instructions, manuals, and records used by the police. The petitioner's request for permission to hold a peaceful protest was denied by the police. When the petitioner sought information about the rules under which the request was processed, the information was refused. The court examines whether the petitioner has a right to know the rules under which police regulate public assemblies and processions.
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20210409 guwahati hc bail order uttam chakraborty (1)
This document is an order from the Gauhati High Court regarding a writ petition filed by Uttam Chakraborty challenging a Foreigners' Tribunal order declaring him a foreigner. The order issues notice to the respondents and accepts their representation. It also orders that the petitioner not be arrested or deported in the meantime, but must appear before the Superintendent of Police and furnish a bail bond. The petitioner must also provide biometric data and not leave the district without permission. The matter is listed for admission hearing after receiving the lower court records.
20210409 guwahati hc bail order uttam chakraborty (1)
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20210409 guwahati hc bail order uttam chakraborty (1)
This document is an order from the Gauhati High Court regarding a writ petition filed by Uttam Chakraborty challenging a Foreigners' Tribunal order declaring him a foreigner. The order issues notice to the respondents and accepts their representation. It also orders that the petitioner not be arrested or deported in the meantime, but must appear before the Superintendent of Police and furnish a bail bond. The petitioner must also provide biometric data and not leave the district without permission. The matter is listed for admission hearing after receiving the lower court records.
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1) Ashad Ali, Md. Bidya Hussain, and Sahabuddin Munsi have applied for anticipatory bail in connection with a case registered under sections 363/366/376(2)(n) of the IPC and sections 6 of the POCSO Act and 9 of the Prohibition of Child Marriage Act.
2) The judge heard from the applicants' counsel and the Additional Public Prosecutor representing the state.
3) The judge examined the FIR and documents. Considering the facts and circumstances, the judge granted interim anticipatory bail to the applicants subject to furnishing a bond and surety, and appearing before the investigating officer within 2 weeks to record their statements. The
WPC 224759/2012 high court Kerala Judgement uploaded by James Joseph Adhikara...
WPC 224759/2012 high court Kerala Judgement uploaded by James Joseph Adhikara...Jamesadhikaram land matter consultancy 9447464502
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None of the parties have been able to point out to me any
provision of law, which prohibits acceptance of tax in respect of a
property when the property is under a mortgage to a creditor by
either the owner of the property or a former owner of the property.
It is settled law that the mortgage runs with the land and transfer of
ownership after the creation of the mortgage does not affect the
validity of the mortgage itself. Lutfor Ali v assam.pdf
The document is a court order from the Gauhati High Court regarding an application for anticipatory bail filed by four applicants (Lutfor Ali, Rakmat Mollah, Jorina Khatun, and Ikbal Hussain Sikdar) who were apprehending arrest in connection with a case registered under the Prohibition of Child Marriage Act. The court heard from the counsels for the applicants and the state. Considering the facts and circumstances, the court granted interim anticipatory bail to the applicants, allowing them to be released on furnishing a bond of Rs. 20,000 each with a local surety of the same amount, but requiring them to appear before the investigating officer within two weeks
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- The judgment criticizes the lack of proper waste processing facilities in Mumbai and failure to comply with earlier court orders to close illegal dumping sites.
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The Branch Officer Section 1B Supreme Court of India; Letter dated 14.10.2022 in Writ Petition (Criminal) Diary No. 18546/2022 [Order dated 26.09.2022 Complied & defects cured]
Order dated 26.09.2022 Complied on the ground of defects raised in Office Report dated 24.09.2022, Defects cured and refiled on 10.10.2022 and 13.10.2022; register this Anti-Prostitution and Gang Rape case urgently because timeline has been ordered by Chamber Judge and allot the Case Number to file necessary Interlocutory Applications in this petition.
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Submitted to initiate appropriate action against delinquent staff of the Registry of Supreme Court of India.
Gauhati hc
1) The petitioner had been declared a foreigner by a Foreigners Tribunal in Jorhat and has been in detention since May 2019, nearing completion of two years in detention.
2) In light of Supreme Court orders on releasing detainees who have completed two years to avoid COVID spread, the court directs the petitioner's release on furnishing a personal bond of Rs. 5,000 and one surety of the same amount.
3) The court reiterates an earlier order directing authorities to release all detainees who have completed two years, on a personal bond and one surety to address the pandemic, while complying with other directions.
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The document is an order from the Gauhati High Court regarding a writ petition concerning issues related to the functioning of Foreigners Tribunals in Assam. It directs the Assam government to release salaries of newly appointed Foreigners Tribunal members within 7 days and fees of Assistant Government Pleaders within 2 weeks. It also grants the central government 8 weeks to examine proposed amendments to the Foreigners Tribunal order. The committee proposes guidelines for dealing with complaints against Tribunal members which parties will examine. Outstanding dues of a vehicle vendor supplying Tribunals are also to be verified. The case will be heard again on December 6.
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1) The petitioner challenged an order passed by the Assistant Commissioner of Police externig him from several districts for one year.
2) The High Court stayed the execution of the externment order citing issues with it.
3) In its final order, the High Court quashed the externment order, finding that the order relied on two FIRs not mentioned in the notice given to the petitioner and that one of the FIRs mentioned in the notice was for demonstrating against a government policy wherein citizens have a right to raise grievances. The Court also noted inconsistencies in the responses by the authorities.
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Sc order uapa sep 9
The Supreme Court of India allowed an appeal challenging the judgment of the High Court of Madhya Pradesh. The appellants were arrested in connection with offenses under the Unlawful Activities (Prevention) Act and sought bail after 90 days as no chargesheet was filed. The High Court had rejected bail, noting the extension granted to the investigation. However, the Supreme Court held that under its previous judgment, the Magistrate does not have jurisdiction to extend time for UAPA offenses. Therefore, the appellants were entitled to default bail as the investigation was not completed within the prescribed time period. The Court directed the appellants be released on bail and for the trial to be concluded expeditiously.
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The document summarizes contempt petitions filed against respondents for disobeying a court order directing permission be granted for processions and public meetings. It discusses arguments from petitioners and respondents. The court found intelligence reports referenced old cases and was not sufficient grounds for rejection. However, 6 sensitive areas were recently impacted so permission was rightly rejected there for now. For other areas, the court found no reason to reject requests so contempt petitions will proceed. The court upheld the importance of freedom of speech and peaceful assembly in a democracy.
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The petitioners' structure was demolished by respondent authorities despite the case being pending in court. The court found the authorities acted with malice and in violation of legal procedures. They disregarded the writ petition and statutory requirements. The court ordered the state respondents to pay Rs. 80,000 to the petitioners as compensation within a day, and scheduled a further hearing where the Sub-Divisional Magistrate must be present. The court also recalled its previous order that made observations against the petitioners' counsel.
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1. The petitioner challenged his detention order passed under the Gujarat Prevention of Anti-Social Activities Act.
2. The court analyzed previous cases that distinguish between disturbance of law and order versus public order.
3. The court found that the offenses alleged against the petitioner were not sufficient to show his actions affected public order as required by the Act. Registration of FIRs alone could not invoke powers under the Act.
4. No other relevant evidence was provided to show the petitioner disturbed public order. Therefore, the court allowed the petition and quashed the detention order.
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SC NSA order.pdf
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This document discusses two bail applications that involve the same legal question regarding an accused's right to personal liberty under Article 21 if the prosecution fails to file a charge sheet within the statutory period under Section 167(2) of the CrPC. It summarizes the arguments from the applicants' counsel that their right to default bail arose when the limitation period expired but was denied due to the lockdown. It also summarizes the state's arguments and examines previous court precedents on when the right to default bail arises and can be extinguished. The judge reviews reports on the remand procedures followed during the lockdown period and observes that the accused's right to personal liberty was not properly dealt with per established law.
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Order dated 26.09.2022 Complied on the ground of defects raised in Office Report dated 24.09.2022, Defects cured and refiled on 10.10.2022 and 13.10.2022; register this Anti-Prostitution and Gang Rape case urgently because timeline has been ordered by Chamber Judge and allot the Case Number to file necessary Interlocutory Applications in this petition.
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Submitted to initiate appropriate action against delinquent staff of the Registry of Supreme Court of India.
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1) The petitioner had been declared a foreigner by a Foreigners Tribunal in Jorhat and has been in detention since May 2019, nearing completion of two years in detention.
2) In light of Supreme Court orders on releasing detainees who have completed two years to avoid COVID spread, the court directs the petitioner's release on furnishing a personal bond of Rs. 5,000 and one surety of the same amount.
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The document is an order from the Gauhati High Court regarding a writ petition concerning issues related to the functioning of Foreigners Tribunals in Assam. It directs the Assam government to release salaries of newly appointed Foreigners Tribunal members within 7 days and fees of Assistant Government Pleaders within 2 weeks. It also grants the central government 8 weeks to examine proposed amendments to the Foreigners Tribunal order. The committee proposes guidelines for dealing with complaints against Tribunal members which parties will examine. Outstanding dues of a vehicle vendor supplying Tribunals are also to be verified. The case will be heard again on December 6.
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2) The High Court stayed the execution of the externment order citing issues with it.
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The High Court of Gujarat quashed four detention orders issued by the District Magistrate of Amreli under the Gujarat Prevention of Anti Social Activities Act against four petitioners for allegedly being "property grabbers". The Court found that the detaining authority erred in treating the petitioners' activities as prejudicial to public order, as it was a private property dispute. The Court also noted that the justification provided by the state for issuing the detention orders - that the petitioners would continue illegal activities with advocate help - was untenable. The rule was made absolute and the detention orders were quashed.
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The petitioner challenged an order from the Central Government Industrial Tribunal cum Labour Court that admitted the petitioner's appeal of an assessment by the Assistant Provident Fund Commissioner subject to depositing 75% of the disputed amount. The High Court upheld the Tribunal's conditional order, noting that 75% deposit is required by law for appeals and found no reason to interfere with the Tribunal not waiving the deposit despite the petitioner's financial difficulties. The Court dismissed the writ petition challenging the Tribunal's order.
Drt victory knit fashions
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preventive-detention-judgment-gujarat-high-court-454661.pdf
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3. The court found that the offenses alleged against the petitioner were not sufficient to show his actions affected public order as required by the Act. Registration of FIRs alone could not invoke powers under the Act.
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- 1. Page No.# 1/3 GAHC010137892022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4605/2022 MUJIB ROHMAN AND ANR SON OF LATE ABDUL ROSHID, SONARI TOWN, WARD NO. 5, P.O. SONARI, DISTRICT- CHARAIDEO, ASSAM, PIN- 785690. 2: SHEIKH RUSTAM SON OF LATE SHEIKH RAMZAN SONARI TOWN WARD NO. 5 P.O. SONARI DISTRICT- CHARAIDEO ASSAM PIN- 785690 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, MUNICIPAL ADMINISTRATION DEPARTMENT ASSAM, DISPUR, GUWAHATI- 781006. 2:THE DEPUTY COMMISSIONER CHARAIDEO ASSAM- 785690. 3:SONARI MUNICIPAL BOARD SONARI DISTRICT- CHARAIDEO ASSAM PIN- 785690 REPRESENTED BY ITS CHAIRMAN. 4:THE EXECUTIVE OFFICER SONARI MUNICIPAL BOARD SONARI
- 2. Page No.# 2/3 DISTRICT- CHARAIDEO ASSAM PIN- 785690 Advocate for the Petitioner : MR A DAS Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 12.07.2022 Heard Shri P Deka, learned counsel for the petitioners, who are aggrieved by a notice dated 30.06.2022 issued by the Executive Officer, Sonari Municipal Board by which the business of selling of beef is completely prohibited from the Municipal area from 15.07.2022 as per Section 8 of the Assam Cattle Preservation Act, 2021. The learned counsel for the petitioners submits that the business of the petitioners has been going on since the days of their forefathers in the said area and the Act in question also does not contemplate a complete ban and only prescribes a procedure for the said business. The competency of the Executive Officer in issuing the said notice dated 30.06.2022 has also been questioned by drawing the attention of this Court to the Act in question which prescribes that the Government should appoint an appropriate authority which has not been done in the instant case. It is further contended that without completing the formalities prescribed under the Act in question which would include allotment of an appropriate site to carry out the business, complete ban is not contemplated as that would amount to infringing the right to carry out the business. Issue Notice, returnable by 25.07.2022. Shri RK Borah, learned State Counsel, Assam accepts notice on behalf of all the respondents.
- 3. Page No.# 3/3 Extra copies of the writ petition be served upon Shri Borah during the course of the day. Since, there is a prayer for interim order, the learned State Counsel is directed to obtain instructions on the next date which should include the steps/measures taken to allocate appropriate steps taken so that the petitioners can carry out their business as per the Act in question. Accordingly, list this case on 25.07.2022. JUDGE Comparing Assistant