.....season be permitted to be organised and conducted as in the earlier years till such time the main writ petitions are taken up for hearing. given the fact that except for the notification there are no changed circumstances prevailing today and the decision of the division bench permitting the event is on appeal before the apex court, the decision which prevailed during the year 2010-2011, merits to be granted for this year too. since at this stage what is required is nothing but balancing of the interests of the parties, apart from a prima facie case made out, we feel, the proper cours.herein would be to permit the jallikattu event to go on as in the earlier years.but subject to the compliance of the stipulations stated in the orders of the apex court referred to earlier. apart from this, the measures that are given in the affidavit filed before this court also merits to be followed, which read as under: ".(1) provision has been made for bull-yard by way of an enclosure by placing of double barricades to a height of not less than 8 feet at the end point of the bull taming area where the bulls are collected and detained till the completion of the event. these bull collection.....
Tag this Judgment! Ask ChatGPT.....secured 957 votes, the respondent no.4 secured 944 votes. thus, there is difference of only 13 votes. it is the case of the respondent no.4 that in fact he has secured 957 votes as against 944 votes secured by the petitioner. in the election petitioner that has been of 6 filed under section 129(b) and section 127 of the assam panchayat act, 1994, the respondent no.4 has interalia contended as follows :- â4. that the counting of the said election started on 15-02-2013 at karimganj college and when the counting of the said election of 93 bagbari g.p. started all the 10 nos. of counting agents of the petitioner were present in each of the counting table in the said counting hall and the petitioner being candidate himself was also present in the counting hall, that while counting started almost all the time the petitioner was leading in all the 10 nos. of counting tables keeping far behind the o.p. no.4. that from the trends of the counting the petitioner and his counting agents were confident that the petitioner will win as president of no. 93 bagbari g.p. that the o.p. no.4 on seeing the counting trend in favour of the petitioner, he with a view to illegal and wrongful gain.....
Tag this Judgment! Ask ChatGPT.....2. heard mr. p. bhattacharya, learned counsel for the appellant. also heard ms. p.p baruah, learned counsel appearing for the respondent. 3. the facts which are necessary for disposal of the present appeal are that the petitioner sri. rakesh phukan married smti. juri baruah according to the rites of hindu religion on 22.01.2006. however, the marriage ran into rough weather soon after its solemnization inasmuch as the wife/respondent started humiliating the petitioner on slightest pretext which caused enormous physical discomfort and mental agony to the petitioner. 4. after troubling him for several months, on 11.05.2006, the wife/respondent left her matrimonial house without there being any rhyme and reason. soon thereafter, she filed a proceeding u/s 125 cr. p.c which was registered as m.c no. 15/2007. in the meantime, he also filed the criminal case against the petitioner on some false and frivolous allegations which was registered as c.r no. 513/06. in the meantime, a period more than 2 years had elapsed but the wife/respondent did not return to her matrimonial house. 5. the petitioner was therefore, compelled to file a suit u/s 13(i)(i-b) of the hindu marriage act, 1955.....
Tag this Judgment! Ask ChatGPT.....cites k.i. shephard vs. union of india reported in air 1988 sc 686. this was a case on amalgamation of private banks with nationalized banks under section 45 of the banking regulation act, 1949. some of the employees of the private banks were excluded and their services were not taken over by the transferee banks. accordingly few of the excluded employees approached the court. in the context of the case, the supreme court opined that the transferee banks should consider the cases of all the excluded employees and there should be no distinction between those, who did not go the court and those who approached court for redressal. 9. but in the case in hand, it is nobodys case that preferential consideration can be claimed by anyone other than a member of a land losers family. but the petitioners name is not amongst the 32 names identified by the land acquisition officer, guwahati. but whether he is a land loser or not is a matter of verification and on this aspect the courts comment is unwarranted in the absence of any cogent material to reach any conclusion either way. 10. however considering the nature of the prayer, the court deems it necessary to observe that whenever.....
Tag this Judgment! Ask ChatGPT.....313 cr.pc., convicted the accused. the accused, being aggrieved, has filed this appeal. 6. on thorough consideration of the evidence on record, it discloses from the evidence of pw7 and pw10 that the dead body was traced at the instance of the accused and the accused had voluntarily surrendered before the police on the next day of committing the murder. the evidence also discloses that there were differences between the accused and the deceased. the accused himself, in his statement under section 313 cr.pc, admits all the incriminating circumstances put to him. even at the time of hearing on sentence, the accused admits commission of the offence. the order of conviction and sentence is, therefore, sound and proper. accordingly, the appeal is dismissed. 7. the fee of amicus curiae is fixed at rs.7,000/âand the state shall pay the same.
Tag this Judgment! Ask ChatGPT.....mr. gn sahewalla, learned sr. counsel for the appellants. also heard ms. d. borgohain, learned counsel appearing for the respondent. 3. the brief facts necessary for disposal of the present proceeding as they emerge from the petition in writ proceeding in w.p.(c) no. 5470/2011 are that the petitioner in w.p.(c) no. 5470/2011 is an inspector (ab) assam police. consequent upon advertisement dated 09.06.2008, inviting offers from the qualified police personnel for induction as security officers in various level in oil and natural gas co-operation ltd.,(in short, the ongc) on deputation basis from the period between march, 2009 to march, 2011. 4. it has been stated that in the notice dated 09.06.2008 at annexure-a to the writ petition, it was stated amongst others that in the event of selection of an inspector (ab) in assam police, he would be posted as senior security officer in ongc on deputation basis in the scale of rs. 13750- 18700/-. in pursuance to such notification, the petitioner offered his candidature for the post of senior security officer in ongc and in due course, he was selected for which he had joined as above on 13.02.2009 and continued to discharge his duty. 5......
Tag this Judgment! Ask ChatGPT.....no finality was given to the process. moreover the rectification application of 30.3.1994 was not rejected outright as a time barred application. in fact in the office order dated 28.10.2004 (annexure-vi) issued by joint manager (pers) of the fci, the petitioners birth date is recorded as 1.12.1948. significantly this office order with the correct birth date (1.12.1948) was issued just 2 years before the petitioner was made to retire on 31.12.2006. 13. there is another striking aspect of this case. the fci has admitted that the petitioner was mistakenly made to prematurely retire on 31.12.2006 whereas he should have retired only on 31.12.2007, as per his birth date (1.1.1948) recorded in his service book. therefore in this case it is apparent that mistakes have been committed by both sides in considering the petitioners birth date. 14. the matriculation certificate and the admit card of the seba are the authentic records and these certificates issued in the year 1964 have remained unaltered. moreover the genuineness of these testimonials is not being questioned by the respondents. it is therefore obvious that that if the sebas certificates are made the basis for the petitioners.....
Tag this Judgment! Ask ChatGPT.....union(absu), to whom they made extra-judicial confession in causing the death and later they have been handed over to the police for further action. after the investigation, police filed charge-sheet against the accused persons under section 302 of the ipc. 3. the trial court on the basis of the extra-judicial confession made by the accused persons to members of the absu, who have been examined as pw-2, pw-3, pw-6 and pw-7, and the post-mortem report, has convicted the accused persons under section 302 of the ipc. 4. the counsel for the appellant submits that there is no evidence adduced by the prosecution to show how the accused were produced before members of the students union. it is argued that on account of fear and intimidation there is a likelihood of involuntary extrajudicial confession of guilt, except that, there is nothing to corroborate the material placed by the prosecution to prove the guilt. 5. upon a thorough consideration of the evidence we find that the evidence of pw-3, a member of the students union, discloses that they have summoned the accused persons and made enquires: there is no material placed to show how the accused were found to be suspects for.....
Tag this Judgment! Ask ChatGPTsreedhar rao, j. 1. the material-facts of the prosecution case disclose that one monithombi singha is deceased. whose son is pw-1 ~ sarat singha. appellant/accused is related to deceased in a sense that his brother is 2 her son-in-law. daughter of the deceased is married to the brother of the accused. there were matrimonial disputes between the two families. daughter of the deceased had deserted her husband, and was living with the deceased. the accused, on 27.6.2000 at around 9:45 am when the deceased was going to the nearby market area came and assaulted her with a machete. the deceased made oral dying declaration before pw-1 and pw-4 to pw-7 implicating the accused. pw-6 and pw-7, who were near the spot and have witnessed the incident. pw-5 and pw-6 are familiar to both the accused and the deceased. son of the deceased who comes to know about the incident has lodged the fir with the police on the same day at around 5:30 pm. police conducted inquest and sent the dead body for post-mortem. the post-mortem report discloses that the death is homicidal and is caused on account of head injuries. completing the investigation, police filed charge-sheet against the accused for.....
Tag this Judgment! Ask ChatGPT.....the ex-parte award in wc case no.30/2002. the orders have been passed by the commissioner, workmens compensation, zone-iii, tezpur. coming to the facts of the case, the respondent no.1 preferred a claim petition before the workmens compensation commissioner (in short commissioner) on account of injuries sustained by him due to the accident while was engaged in vehicle no.as 01/e-4858. he was the handiman of the vehicle (super bus). entertaining the claim petition, notice was issued to the owner of the vehicle and so also to the insurance company i.e. the petitioner with whom the vehicle was insured. as recorded in the impugned judgment dated 31.07.2003, passed in the case being case no.wc 30/2002, after the initial appearance, the insurance company did not submit written statement in spite of granting several adjournments from 07.05.2002 to 02.07.2003. in view of such absence, the commissioner decided to proceed ex-parte and accordingly ex-parte hearing was fixed on 23.07.2003, on which date, the claimant appeared and examined himself. upon hearing the argument advanced by the learned counsel appearing for the claimant, the impugned judgment and award dated 31.07.2003 was.....
Tag this Judgment! Ask ChatGPT