Court : Guwahati
..... :culpable homicide is not murder if the offender, whilst deprived of the power of selfcontrol by grave and sudden provocation, causes the death of the person who gave the provocation or causes death of any other person by mistake or accident.this was not a case of grave and sudden provocation; it was a case of an aggressive attack made by the deceased upon the accused, which called for the exercise of the right of private self-defence. .....
Tag this Judgment!Court : Guwahati
..... 4 that they met with an accident at jirania and was detained by the police and accordingly they returned back so late.p.w. .....
Tag this Judgment!Court : Guwahati
..... 5, the father of the informant, who was examined on 16.03.2001, deposed that the accident was occurred about 5/6 years ago, his two huts were burnt down by fire and articles of his house were damaged but he did not see any of the miscreants as he was in his another house at mainapathar at .....
Tag this Judgment!Court : Guwahati
..... air france, calcutta, (1963- i-llj-679) wherein it was found that the two mistakes committed by the employee while checking the load-sheets and balance charts would involve possible accident to the aircraft and possible loss of human life and, therefore, the negligence in working in the context of serious consequences was treated as misconduct. .....
Tag this Judgment!Court : Guwahati
..... the respondent insisted that the petitioner in fact could not take the allotted classes properly since he was involved in an accident in the year 2002. .....
Tag this Judgment!Court : Guwahati
..... he then knocked at the door of tulsi babu who thought that there might be same accident and so he left left his dinner and opened the door. .....
Tag this Judgment!Court : Guwahati
..... * the vehicle should not have any prior record of accident and all details of previous insurance claims to be submitted if the vehicle is not placed within 30 days from the date of receipt letter of intent for inspection, the letter of intent automatically lapses without any further necessary .....
Tag this Judgment!Court : Guwahati
d. biswas, j.1. all these appeals under section 260a of the income-tax act, 1961 are directed against a common order dated may 31, 2002, passed by the learned tribunal, guwahati bench, in i.t.a. nos. 282 to 287 of 1998. the appeals relate to the assessment years 1983-84 to 1994-95.the questions of law common to all the appeals are as follows:1. whether, on the facts and in the circumstances of the case, the entire expenditure incurred by the appellant-assessee of its business is to be allowed from the taxable receipts and no allocation of expenditure is permissible as held by the hon'ble apex court in cit v. indian bank ltd. : [1965]56itr77(sc) ; cit v. maharashtra sugar mills ltd. : [1971]82itr452(sc) and rajasthan state warehousing corporation v. cit : [2000]242itr450(sc) ?2. whether, on the facts and in the circumstances of the case, all income from ancillary activities except supervision charges and miscellaneous receipts are exempt under section 10(29) of the income-tax act, 1961 ?3. whether, on the facts and in the circumstances of the case and on a proper and true interpretation of section 254 of the income-tax act, 1961, the learned tribunal had failed to consider and decide the matter in issue in the manner prescribed by law ?4. whether, on the facts and in the circumstances of the case, the learned tribunal was justified in restoring the issue involved in the appeal to the file of the assessing officer to decide the same in the light of the direction given by the .....
Tag this Judgment!Court : Guwahati
..... justice iyer aptly suggested of 'invisible sacrifice of judicial independence' and unwittingly surrender to 'the spirit of the group in which the accidents of birth or education or occupation or fellowship have given ...'. .....
Tag this Judgment!Court : Guwahati
1. present appeal under sub-clause (5) of clause (1) of order 43 of the code of civil procedure, 1908, hereafter referred to as the code, has been filed by shri ram kumar, the defendant appellant for questioning the legality and propriety of the judgment and order dated 14.10.1999, passed by shri sn bezbarua, learned district judge, kamrup, gauhati in misc. (j) case no. 502/99 arising out of t.s. 1/99 which was filed by m/s jm agarwal tobacco co. plaintiff respondent no. 1 herein.2. this suit had been filed by the respondent u/s 105/106 of the trade and merchandise marks act, 1958, read with section 55 of copy right act, 1957, for the relief of permanent injunction, rendition of accounts and for permanent injunction for restraining the appellant, his agents, servants etc, from using the brand 'bandar chhap tambacco' or 'bandar brand tobacco' in the packing of chewing tobacco sold by them in the north eastern state with the device of 'monkey sitting on the drum'. main ground on which the injunction order was sought by the respondent was that he was registered firm engaged in the business of manufacture, processing and sale of chewing tobacco with the reputed trade mark of 'bandar chhap tambacco or bandra brand tobacco' with the device of monkey sitting on the drum, with distinctive get up for the last 30 years. the said trade mark has been used and displayed prominently on the packing containing the chewing tobacco sold by him and it has been registered under the provisions of .....
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