Court : Guwahati
..... the order itself, is only on deputation that also for 3 (three) years time bound period. 14. taking serious exception to the maintainability question, mr. tiwari has forcefully argued that the respondents, at this stage of final hearing cannot be permitted to raise this issue. once matter has been admitted without any objection to its maintainability, now ..... , being qualified person for the post, in the interest of public service. referring to the case of bachhittar singh v. state of punjab and another reported in air 1963 sc 395, it is further urged on behalf of the respondent no. 4 that office noting referred to by the petitioner is not binding upon the state- ..... also stated that as there is no recruitment rules for such appointment to the post of director (tourism), it is the duty and obligation of the government to act in accordance with the principles of justice, equity and relevant judicial precedent. to hammer home this point, the petitioner has fallen back upon an observation of the .....
Tag this Judgment!Court : Guwahati
..... thought it appropriate to deal first with respondents' contention challenging the maintainability of the appeal in this court. because, in our opinion, this contention has sufficient force and the respondents' preliminary objection must prevail. chapter xxxv of the old code is captioned 'proceedings in case of certain offences affecting the administration of justice' ..... 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, ..... 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 .....
Tag this Judgment!Court : Guwahati
..... is not entitled to file this appeal and on this ground alone this appeal should be dismissed. this contention of learned counsel has force but as it is urged by the learned advocate for the appellant that even if this appeal is not maintainable, this appeal should ..... vehicle in which passengers are carried if the vehicle was of that class. keeping in mind the classification of vehicles by the act, the requirement of registration with particulars including the class to which it belonged, the requirement of obtaining a permit for using the ..... of learned advocate for the appellant that this accident occurred in the year 1988 when the act of 1939 was in force. no damage could have been given with regard to the gratuitous passengers. this aspect of the matter was changed in ..... the act of 1988 which came into force from 1.7.1989. that is the law that can be gathered from amrit lal sood v. kaushalya .....
Tag this Judgment!Court : Guwahati
..... other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the mariner or place of investigating, inquiring into, trying or otherwise dealing with such offences.from a perusal of the above provisions it is clear that offences ..... supports this view.it is true that there may be other difficulties and embarrassment in the way of the excise officers conducting investigation under the assam opium prohibition act if the provisions laid down under chapter xiv have to be strictly complied with. the question of embarrassment in investigation, if certain provisions of law are enforced, ..... appearing as amicus curiae at the request of the court, by referring to a decision of the privy council in the case of emperor v. nazir ahmad air 1945 pc 18. it is useful to quote the following passage:in the case of cognizable offences, receipt and recording of a first information report is not a .....
Tag this Judgment!Court : Guwahati
..... the judgment of this court dated 18.9.1989 [registered as slp (civil) no. 15295/1989] was ultimately dismissed. the appellant thereafter filed a petition under the guardians and wards act, 1890 before the senior sub-judge, tis hazari court, delhi (case no. 61/ 1990) with a prayer for interim custody of the children. there was a revision petition, ..... . that discretion was exercised by the court below after application of judicial mind and giving appropriate reasons.10. i have been referred in this context to the law reported in air 1973 sc 2190 : santokh singh v. izhar hussein and anr. and (2002) 1 scc 253 : pritish v. state of maharashtra and ors. it will be worth noting ..... (supra) has recorded the position of law as guiding principle either for taking or not taking action under section 340 or section 211 of cr.pc. para 11 or air 1973 sc 2190 (supra) goes as follows :'11. the high court also seems to have committed serious error in ignoring that in the appellant's statement he had clearly .....
Tag this Judgment!Court : Guwahati
..... generation of genuine satisfaction whether prosecution has to be sanctioned or not. the mind of the sanctioning authority should not be under pressure from any quarter nor should any external force be acting upon it to take a decision one way or the other. since the discretion to grant or not to grant sanction vests absolutely in the sanctioning authority, its discretion ..... supreme court were cited at the bar, basically, on the issue of grant of sanction required under section 197 of cr.p.c. and section 19 of p.c.act - such as - air 1966 sc 220, (2011) 7 scc 167, (2009) 3 scc 398, 1970(2) scc 56, (2007) 1 scc 1, (2012) 6 scc 228, (2012) 12 scc 72, (2013) ..... extrinsic evidence by placing the relevant files before the court to show that all relevant facts were considered by the sanctioning authority. (see also jaswant singh v. state of punjab, air 1958 sc 124 and state of bihar v. p.p. sharma,1992 supp(1) scc 222) 19. since the validity of sanction depends on the applicability of mind by the .....
Tag this Judgment!Court : Guwahati
..... and 348, penal code. complaints and allegations of such procurements do not escape our notice. statements are wrung out of the prisoner by external as well as internal forces. the instrumentality of his fellowmen, his own inhibitions, his self-created fear, hope and desperation and other mental reactions are some of those external and internal elements which ..... .21. the result of our discussion is that except the piece of evidence in regard to the conduct of the accused admissible under section 8 of the evidence act, there is no other evidence to fasten the accused to the offence. in our opinion, this evidence alone is not sufficient to find him guilty of the ..... that the confession is not caused by any inducement, threat or promise, having reference to the charge against the accused, as mentioned in section 24 of the evidence act.17. in this case as revealed by the questions and answers above, only a few questions were put as matter of mechanical enquiry. taking into account the totality .....
Tag this Judgment!Court : Guwahati
..... claim for compensation for the death of diganta kalita was made by his father and was pending, when on 1-10-82 the motor vehicles amendment act 1982 act 47 of 1982 came into force and a new chapter vii-a 'liability without fault in certain cases', which included section 92-a, was introduced. the claimant respondent moved under ..... 13. shri p.k. das, learned counsel for the claimant respondent has of course cited oriental fire and general insurance co. v. smt. shantabai s. dhume air 1987 bombay 52. the main consideration in giving section 92-a retrospective operation appears to have been that the provision constitute a beneficial piece of legislation and the legislative ..... court may even depart from the rule that plain words should be interpreted according to their plain meaning.21. in skandia insurance co. ltd. v. kokilaben chandravadan air 1987 sc 1184, the principle was laid down-these must therefore be interpreted in the spirit in which the same have been enacted accompanied by an anxiety to .....
Tag this Judgment!Court : Guwahati
..... face sank in the mud. a part of the appellant's land was made muddy on the previous day. gurucharan earlier took the appellant's land on adhi but was forcefully dispossessed therefrom. he did not know why the appellant killed karuna. he denied the suggestion that he was fined by the appellant in any 'mel'. he also took kunjabala' ..... if it is committed without premeditation, in a sudden fight, in the heat of passion, upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner'. it is immaterial in such cases which party offers the provocation or commits the first assault the applicability of this exception depends on facts ..... prepense, the quarrel was sudden, the appellant struck the spade blunt side blow at the heat of passionin a sudden fight and did not take undue advantage and did not act in a cruel or unusual manner. the spade was ready in his1 hand as an agricultural implement and not as a weapon of offence. it is clear that he .....
Tag this Judgment!Court : Guwahati
..... a state may, by law, define the privileges, it shall continue to enjoy such privileges as have been available to it immediately before the coming into the force of the forty-fourth amendment of the constitution.75. what is of utmost importance to note, while considering the question of privileges, is that a privilege has ..... legislature by law, and, until so defined, shall be those of tbat house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution ..... , defining and amending the law of evidence, is challenged as violating the constitution and when the evidence act permits relevancy as the only test of admissibility of evidence and the income-tax act or any other similar law in force does not exclude relevant evidence from being admitted on the ground that it was obtained under and illegal .....
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