Court : Guwahati
..... over to the petitioner, the petitioner failed to pay the principal amount and dragged the matter from this or that count forcing the respondent to take over the unit under section 29 of the state financial corporations act, 1951.7. that the affidavit-in-reply filed by the petitioner, it is stated that the subsequent sale to ..... respondents has relied on the observation of this court in the case of purbottar trade & marketing co-operative society ltd. and ors. v. state of assam reported in air 2000 (2) glt 145.9. in the present case, we find that being unable to realise their dues, the aidc took over the vegetable oil unit at ..... part of state financial corporation, or (b) where state financial corporation acts unfairly, i.e., unreasonably. while exercising its jurisdiction under article 226 of the constitution of india, 1950 (in short 'the constitution'), the high court does not sit as an appellate authority over the acts and deeds of the corporation. similarly, the courts other than the high .....
Tag this Judgment!Court : Guwahati
..... :charge-i.that the said no. 920810318 ct (gd) dharam raj singh of a/27 coy crpf while functioning as ct/cd committed an act of force under section 10(n) of crpf act 1949, in that he abused no. 931152042 ct. dinesh singh on 4.9.2001 at about 1830 hours which is prejudicial to good order ..... the principle while judging the validity of administrative action. but even long before that, the indian supreme court has applied the principle of 'proportionality' to legislative action since 1950, as stated in detail below.28. by 'proportionality', we mean the question whether, while regulating exercise of fundamental rights, the appropriate or least-restrictive choice of measures ..... correct or not and what is the meaning of 'bias'. in para 10 of the case of kumaon maiulal vikas nigam ltd. v. girja shankar pant and ors. air 2001 sc 24 the apex court discussed regarding the word 'bias', which is reproduced hereunder:10. the word 'bias' in popular english parlance stands included within the attributes .....
Tag this Judgment!Court : Guwahati
..... observed that the supreme court by a majority in atma rams case 1951-52 cri lj 373 (sc) held (a) that there is nothing in the preventive detention act. 1950, to prevent particulars of the grounds being furnished to the detenu within a reasonable time so that he may have the earliest opportunity of making an effective representation against the ..... at page 130, and h. w. r. wade administrative law, 4th edition, at page 296. the contention of the learned counsel for the respondents, which is devoid of force, is, therefore, rejected.38. learned counsel for both the parties argued at length on the second question also. as i have held that the detention orders are illegal and void ..... itself a nullity; and the question to quash such an order does not arise.37. in my opinion, the contention of the learned counsel for the respondents has no force. on the first day of the hearing on 7-5-80, learned counsel for the respondents raised a preliminary objection to the further proceeding of these cases, in .....
Tag this Judgment!Court : Guwahati
..... proper course would have been sending back (remand) of the suit for proper valuation and payment of court-fees. i don't find the objection of appellant here as any force.9. question no. (b) : this is the vital issue which will decide the ultimate fate of the suit. law of adverse possession has its divergent aspect and ..... drawing the sympathy of the court of law. hon'ble apex court held that person pleading adverse possession has no equity in his favour (refer law given vide citation air 1996 sc 869 - para 36). it is entirely for the person/party desiring/claiming to plead and establish all facts necessary to give evidence of any case of ..... formal pleas and denied the allegation, contending, inter alia, that title of plaintiff, if any, over the suit land has since been extinguished under section 27 of limitation act. that defendant had been occupying the suit land with permission of the manager of kacharigaon tea estate from the year 1960 by clearing the jungles. that town committee allotted .....
Tag this Judgment!Court : Guwahati
..... as a tenant any land held as a tenant by a person whose heir he is. (5) if a tenant recovers possession of his holding under any law in force, any period during which he might have been out of possession, shall count towards the period specified in sub-section(1). 20. section 8, on which considerable argument ..... khatian issued is not in conformity with the order passed under section 55 and therefore, contention of mr. dutta that khatians were issued without necessary particulars as enjoined under the act is without any merit. 36. meaning of the word, occupancy and occupancy right in assamese is given as dakhol and dakholi swatta , respectively, in the administrative glossaries. ..... vishwa vijay bharati vs. fakhrul hassan and others, reported in (1976) 3 scc 642 (para 14), mustt. mira khumbi and others vs. usha ranjan bhadra and others, reported in air 1966 a and n 118 (para 10) and mustt. sunaban bewa and others vs. shri manehab ali sekh, reported in (1990) 1 glr 190 (paras 4 and 6). 16 .....
Tag this Judgment!Court : Guwahati
..... authority by the judiciary beyond what is expressly provided under the law, even for protection of civil liberties, but, at the same time, as has been held in air 1950 sc 27 = 51 cri lj 1383 (supra), although there may be no objective standard which the court can utilise for determining whether requirements of law have been complied with ..... extraneous. thus, even if the detention order is not void ab initio, it might become illegal when the grounds have ceased to be germane or have otherwise spent their force. we also have to take note of the fact that preventive detention is something distinct from punitive custody. as has been observed in a, k. gopalan v. ..... no doubt, the sufficiency of any of the grounds as opposed to their rational connection with any of the objects specified in section 3 (1) (a) of the act cannot be subjected to a judicial probe. but, where the grounds have disappeared, the position would certainly be the same as if the grounds were non-existent, irrelevant extraneous .....
Tag this Judgment!Court : Guwahati
..... that he was a boy of 16 years at the time of occurrence, a school student, who was ploughing his own ingkhol and acted without premeditation; and the fact that nearly a decade has expired, ends of justice may not require that he be again sent to ..... and the appellant's conviction under section 326, penal code, was proper even in the absence of a charge. in begu v. emperor air 1925 pc 130, where the accused were charged under section 302 and on evidence they were found to be guilty of an offence under ..... to have committed, although he was not charged with it. in bejoy chand patra v. state of west bengal : 1952crilj644 , relying on air 1925 pc 130 : 1925-26 cri lj 1059, and the provisions of sections 236 and. 237 of the old code,. it has been ..... permanent disfiguration of head and that the injury no. 2 might be caused by force against a sharp substance and the chance of the injured receiving injury no. 1 when he was thrown away with force with a dao in hand was remote. he admitted that the depth, and .....
Tag this Judgment!Court : Guwahati
..... have been rs. 1,92,000/-, that too if the multiplier is taken as 32. according to sri guha, the multiplier should be at best 25. we find sufficient force in sri guha's submission. sri bordoloi himself stated that his average monthly income was about rs. 500/- per month. taking into consideration normal health hazards and uncertainties of ..... just and in support of his proposition has submitted a plethora of decisions which will be referred to at appropriate places.10. section 110-b of the motor vehicles act does not lay down any principle for determination of compensation. it simply lays stress on the amount of compensation which appears to the tribunal to be just (stress ..... be deducted from the amount of compensation which the claimants are found to be entitled under section 110-b of the m.v. act and this court's earlier decision in hira devi v. smt. bhaba kanti das air 1977 gau. 31 was overruled. however, the claimants (respondents) did not file any cross claim and we are not addressed from .....
Tag this Judgment!Court : Guwahati
..... given by one capt. roshan lal on behalf of the commandant warning chakra bahadur thapa that he was charged under the assam rifles amendment act, 1958 section 6 (b) with using criminal force to his superior officer and assaulting him and threatening him with a sword from the club room, and directing him to give his explanation, ..... questioned and his statement was taken down on 25-11-61.then the first respondent commandant passed the order annexure g holding that the charge of using criminal force on major madiah was proved, but that the charge of threatening him with the sword was not proved and he convicted and sentenced chakra bahadur thapa to ..... the powers', which are specified in schedule iii, criminal procedure code.13. the learned government advocate has also drawn my attention to a decision sujaniram daryaosingh v. lai shyamshah, air 1956 nag 67, in that case the provincial government passed an order in exercise of the powers conferred by section 12, read with section 39 cr. p. c .....
Tag this Judgment!Court : Guwahati
..... it was the accused who had inflicted the fatal injuries upon the deceased. in support of his contention he placed reliance upon the case samad malik v. state reported in air 1953 j & k. 1, in this case wazir c. j. while deciding this case observed as follows:the burden of establishing guilt of the accused is throughout on ..... to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probabilities the act must have been done by the accused. the principle that the inculpatory fact must be inconsistent with the innocence of the accused and incapable of explanation on any other ..... having given my most anxious and due consideration to the arguments advanced on both sides, i find that there is force in the contention of the learned government advocate. on a review of the relevant provisions of the evidence act and of the decided cases in the different high courts in india, i have come to the conclusion that it .....
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