Court : Guwahati
Reported in : AIR2009Gau146
orderp.k. musahary, j.1. heard mr. rajeswar sarma, learned counsel appearing for the petitioners. none appears for the respondents without any steps in spite of notice being served on them.2. this revision petition is directed against the order dated 5-6-2008 passed by the learned munsiff no. 3. kamrup, guwahati in title suit no. 427/2007. the petitioners have been impleaded as defendants in the aforesaid title suit. summons were issued on them from the court on 6-8-2007, which were received for them by the wife of defendant no. 2. as the petitioners are businessmen, they have to move out side guwahati frequently and on having come to know about the summons, they appeared in the court on 24-8-2007 and filed an application praying for extension of time for filing of the written statement and the court granted the time till 12-9-2007. the petitioners made another application on 12-9-2007 praying for extension of time for filing of the written statement and the same was allowed till 11-10-2007. again the petitioners as defendants had to file an application on 11-10-2007 for the same purpose. the learned munsiff allowed the application and fixed 20-11-2007 for filing the written statement. the petitioners accordingly filed the written statement on 20-11-2007 but on the same date the respondents/plaintiffs filed an objection petition. on receipt of the said objection petition; the petitioners/defendants filed a written reply to objection petition on 7-5-2008. roth these objection .....
Tag this Judgment!Court : Guwahati
Reported in : [2009]319ITR368(Gauhati)
..... we are of the opinion that such a silence is not an accident or a mistake but by a deliberate choice and design. .....
Tag this Judgment!Court : Guwahati
..... when abdul khaleque (pw-3) attempted to assault accused, nasir, with a spear, the spear accidently fell on ramzan andcaused injury on his person. .....
Tag this Judgment!Court : Guwahati
Reported in : 2001CriLJ2314
..... the evidence of pw-1 sri tulon saikia shows that on the previous day of the occurrence, he had an altercation with the appellant over a bi-cycle accident caused by the appellant. .....
Tag this Judgment!Court : Guwahati
n.c. jain, j.this appeal has been filet! by the appellant against the judgment of the learned sessions judge, jorhat, convicting him under section 302 of the indian penal code. on conviction, the appellant has been sentenced to undergo rigorous imprisonment for life. a fine of rs. 1000 has been imposed. in default of payment of fine, the appellant has been sentenced to undergo further rigorous imprisonment for 6 months.1. in this case the appellant is alleged to have committed double murder of his own mother and sister aged 7 years. two questions one factual and the other legal are involved in the appeal. the factual question is whether the prosecution has been able to prove its case beyond reasonable doubt. if it is held that the appellant is guilty of the commission of the murders, the important and significant question of law which arises in the appeal is whether the case in hand falls under the category of rarest of rare case warranting imposition of maximum penalty of death.coming to the first question about the guilt of the accused, the prosecution case as has been unfolded in the first information report (fir) and the evidence brought on the record the case needs discussion in details.2. the fir in this case was lodged in the police out post deberapara, district-jorhat, at 2.15pm on 16.5.1993 by none else than the elder brother of the accused bhim bawri alleging therein that on 15.5.1993 at about 7.30 p.m. his younger brother dina bawri closed the door of the house, .....
Tag this Judgment!Court : Guwahati
Reported in : 2012AIR(Gau)46
..... after the purchase, the vehicle met with an accident on 6.10.2005, in which the plaintiff and her daughter were seriously injured. .....
Tag this Judgment!Court : Guwahati
1. the petitioner no. 1 is a private limited company and owns the two newspapers, namely, the sentinel, an english daily newspaper and sentinel, a hindi daily newspaper. the petitioner no. 2 is the manager (f and a) of the petitioner no. 1 company. 2. according to the petitioners, both the above newspapers have wide circulation both within the north eastern region as well as out side the region. both the newspapers are registered with the registrar of newspapers for india and empanelled with the directorate of advertising and visual publicity (davp) under the ministry of information and broadcasting, government of india. 3. at the time of filing of the writ petition, the sentinel used to be published simultaneously from guwahati, dibrugarh, silchar and shillong and has distribution and advertisement offices in various places in india. since its inception in the year 1983, the sentinel has been drawing the attention of the reading public to various issues of public importance and have published news items and articles in a fair, honest and balanced manner based on investigative journalism. the same has received the appreciation of the reading public. over the years, the sentinel has been successful in bringing to light various scandals and scams. however, in doing so, it has always abided by the guidelines laid down by the press council of india and it has never been communicated with any adverse remark by the press council pertaining to any of its publication. 4. .....
Tag this Judgment!Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati
s.n. phukan, president: 1. this petition under section 17 of the consumer protection act, 1986, for short the act, has been filed by a company registered under the companies act, 1956 and is carrying on business of manufacture of electrodes at its factory at rani within the district of kamrup, assam. the company has taken a loan from the assam financial corporation under hyptohecation of its machineries. the opp. party no. 1 is also a company dealing in manufacturing, marketing and systems engineering with registered office at bombay and a branch office at guwahati. it has been stated that the opp. party no. 2 is the north eastern region specialising in erection, commissioning and maintenance of rustom m.w.m. disel/gas engines and generating sets. opp. party no. 2 has its office at guwahati. after obtaining quotation from opp. party no. 2 for purchase of a disel generating set, the petitioner/company placed an order for purchase and installation of 63 kva ruston disel generating set for the industry of the petitioner/company. the prices was fixed at rs. 2,87,504,82 for the set and a sum of rs. 25,000/- was agreed between the parties for installation of the generating set without materials. a sum of rs. 80,293/- was paid as advance and the opp. parties agreed to despatch the generating set within 10 days. it has been alleged by the petitioner/ company that for the transaction opp. party no. 2 gave an undertaking on behalf of opp. party no. 1. as the disel generating set was .....
Tag this Judgment!Court : Guwahati
i.a. ansari, j. 1. when the people fear the government, there is tyranny. when the government fears the people, there is liberty. thomas jefferson, the principal author of the declaration of independence (1776) and the third president of the united states (1801 1809) 2. article 21 is one of the most cherished provisions in our constitution, which prohibits the state from depriving a person of his life and liberty except according to the procedure established by law. however, what happens if by the states action, which has been neither sanctioned by a legislation nor has been taken in valid exercise of its executive powers, the ineffaceable mandate of article 21 gets smudged. this is precisely the issue, which the appellant has been, for almost a decade of litigation, urging the court to decide. having been unsuccessful in his attempt to convince the court in his writ petition of the correctness and righteousness of his contentions, the appellant is, now, before us, seeking a revisit to his submissions. 2a. some of the prominent questions, which have arisen for determination, in this appeal, are: (i) whether central bureau of investigation, popularly called cbi, is a constitutionally valid police force empowered to investigate crimes? (ii) could a police force, empowered to investigate crimes, have been created and constituted by a mere resolution of ministry of home affairs, government of india, in purported exercise of its executive powers? (iii) could a police force, .....
Tag this Judgment!Court : Guwahati
..... is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. .....
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