Court : Guwahati
..... is in respect of the power of the court to recall any witness, at any stage of the suit, subject to the law of evidence in force. section 165 of the evidence act empowers to the court to ask any question in any form at any time, of any witness, or of the parties about any fact relevant or ..... she has committed error of jurisdiction in passing the impugned orders dated 7-5-2005. he has also placed reliance on two decisions of two different high courts, which are air 1998 madras 323 s.s.s. dural pandlan v. s.a. samuthira pandian and satinder singh v. sukhdev.6. mr. p. k. roy, learned counsel, representing the ..... respect of the tenanted premises apprehending disconnection of electricity connection.a) for a declaration of the plaintiffs tenancy right under the provisions of the assam urban areas rent control act 1972,b) for both permanent and temporary injunction against the defendant restraining him from disconnecting the electric line in the suit room,c) also for issuance of temporary .....
Tag this Judgment!Court : Guwahati
..... matter, and as such the impugned show-cause notice is illegal, without jurisdiction, null and void, and ab-initio. the respondents, particularly the respondent no. 3, forced the writ-petitioner to deposit a sum of rs. 5 lacs on 12.12.86 under a related cheque no. 0004764 dated. 12.12.86 immediately after the impugned ..... this court deems it proper in the facts and circumstances of the case.2. according to the writ petitioner it is a registered company registered under the companies act, 1956 (act i of 1956) having its registered office at bawri mansions, dhankheti, shillong, meghalaya; and factory at byrnihat, within the state of meghalaya, and the writ ..... can be made to the decision of delhi high court rendered in india trade promotion organisation v. dy. assessor and collector m.c. d. and ors. reported in air 1997 del 74, and also another case namely namakkal south india transports v. kerala state civil supplies corporation ltd. reported in : air1997ker56 , wherein the concerned high courts .....
Tag this Judgment!Court : Guwahati
..... term 'mistress' includes a paramour, concubine, inamorata, kept woman'. as such in my opinion the husband is not entitled to take up the plea that the illegal act committed by him was forced upon by his wife and thereby defeat a legitimate statutory right of & wife under section 488 cr. p. c.18. in the instant case the applicant has ..... discussion, i hold that the order of the trial court is legal and valid and merits no interference at all.20. the learned sessions judge considered the decision reported in air 1953 nag 133 : 1953 cri lj 750, (state v. anwarbi) and has rightly held that the decision is not at all applicable. the next case referred is reported in ..... most respectfully differ from the said observation in ramji malviya (supra) and hold that the said view can no longer be a good law after the hindu marriage act 1955, came into force. 23. in the result, the reference is rejected and i direct that the record should be sent down forthwith and prompt and adequate steps should be taken .....
Tag this Judgment!Court : Guwahati
..... matter, and as such the impugned show-cause notice is illegal, without jurisdiction, null and void, and ab-initio. the respondents, particularly the respondent no. 3, forced the writ-petitioner to deposit a sum of rs. 5 lacs on 12.12.86 under a related cheque no. 0004764 dated. 12.12.86 immediately after the impugned ..... this court deems it proper in the facts and circumstances of the case.2. according to the writ petitioner it is a registered company registered under the companies act, 1956 (act i of 1956) having its registered office at bawri mansions, dhankheti, shillong, meghalaya; and factory at byrnihat, within the state of meghalaya, and the writ ..... can be made to the decision of delhi high court rendered in india trade promotion organisation v. dy. assessor and collector m.c. d. and ors. reported in air 1997 del 74, and also another case namely namakkal south india transports v. kerala state civil supplies corporation ltd. reported in : air1997ker56 , wherein the concerned high courts .....
Tag this Judgment!Court : Guwahati
..... and credibility for the reason that no newly married bride would make such an allegation if her husband is really capable of sexual intercourse. her utter disappointment forced her to approach the court after she painfully discovered that in spite of her taking initiative for coitus, there was no impulse or equiver in the penis ..... corroboration.22. corroboration may also come from the oral testimony of the husband who is also competent witness for such purpose under section 120 of the evidence act. it would be seen from the written statement of the appellant husband that he spent several sleepless night which had forbidden him to cohabit with the wife ..... be given.31. in rameshwari rameshchandra daga rameshwari rameshchandra daga reported in (2005) 2 scc 33 : air 2005 sc 422, the supreme court has taken the view that section 25 enabling the court to exercise jurisdiction under the act cannot be restricted only to decree of judicial separation under section 10 or divorce under section 13, when .....
Tag this Judgment!Court : Guwahati
..... alleged defective criteria, it cannot at the belated stage turn around and say that the bidding process is unfair or arbitrary or vague. i find considerable force in the contention of the learned counsel for the respondents that the petitioner challenged the bidding process only when it failed to securer the contract. coming now ..... that courts while judging the constitutional validity of executive decisions must grant certain measure of freedom of "play in the joints" to the executive.(underline mine)18. in air india ltd. v. cochin international airport ltd. : [2000]1scr505 , the apex court also observes that even when some defect is found in the decision making process ..... to the learned counsel, the petitioner himself participated in the bidding process in his capacity as an individual and not as a company incorporated under the companies act, 1956. the learned counsel for the respondent no. 2 finally contends that the writ petition is mala fide and has been filed with the oblique motive .....
Tag this Judgment!Court : Guwahati
..... tuensang areas of both kohima and mokokchung districts. it was vide assam regulation no. xii of 1951 and vide act 3 of 1951, the prevention of corruption act, 1947 (now amended in 1988), came into force in the naga hills tuensang in the district of kohima and mokokchung respectively vide assam government's notification no. l ..... functions are not essentially different. what distinguishes them has never been successfully established. lord stamp said that the real distinction is that the courts have 'an air of detachment'. but this is more a matter of age and tradition and is hot of the essence. many tribunals, in recent years, have acquitted ..... appointed as the (1) deputy vigilance commissioner, (2) special judge and (3) tribunal for departmental proceedings in the vigilance commission under the provisions of pc act read with certain provisions of the code of criminal procedure. a question has arisen whether it is legal and authorized to appoint the deputy commissioner (judl.) dimapur .....
Tag this Judgment!Court : Guwahati
..... appearing for the respondents by referring to the decision of the apex court in muralidhar sarangi v. the new india assurance co. ltd. as reported in 2000 air scw 694, submits that as the death of manik majumder was not on account of any accident arising out of the use of the offending vehicle the claim application ..... hereunder:163 a. special provisions as to payment of compensation on structured formula basis --(1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of ..... as the case may be. explanation -- for the purposes of this sub-section, 'permanent disability' shall have the same meaning and extent as in the workmen's compensation act, 1923 (8 of 2923).165. claims tribunals (1) a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals (hereafter in .....
Tag this Judgment!Court : Guwahati
..... from within the room in which he and manitombi devi, happened to be. it is thereafter, stated manitombi devi, that surchandra singh committed rape on her by show of force and against her will. on the next morning at 11.00 a, m. the police reached that house accompanied by the first informant debendra singh and arrested surchandra singh ..... discretion of the presiding judge, if such witness is produced and examined be treated as evidence in the case for all purposes subject to the provisions of the indian evidence act. 1872. obviously, the previous evidence of a witness can be treated as evidence in the case 'in the discretion of the presiding judge'. that discretion indisputably is a ..... i am now left only to examine the correctness of the conviction of surachandra singh under section 376 i. p. c. shri nodiachand singh urged on the authority of air 1955 nag 121, motiram v. state, that the charge of rape is not substantiated. the rule laid in the reported case is that the consent of a woman of .....
Tag this Judgment!Court : Guwahati
..... no. 3(k)/ 2013, yet, such an infirmity, in the facts and circumstances of the case in hand, can at best be regarded as an irregularity, not forceful enough to make the order in question illegal and unsustainable. 64. it needs to be stated here that the dispute over the jurisdiction of the court to try the suit ..... not change and would be the same as apply to communications over telephone and fax (see bhagwan goverdhandas kedia vs. girdharilal parshottamdas and co. many/sc/0065/1965 : air 1966 sc 543). in such cases, the plaintiff would have to show that it actually has business interest at the relevant place a voice in what is done; a ..... that plaintiff, a partnership firm, has its registered office at khairthal in the district of alwar, rajasthan. respondent no. 1 is also a company incorporated under the companies act, 1956 and has its registered office bhagwati sadan, swami dayanand marg, alwar, rajasthan and such a company is also engaged in the business of manufacturing and marketing of all .....
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