Court : Guwahati
..... the state of meghalaya, within the union of india became the successor government with suzerainty and sovereignty vesting first in the dominion of india and on coming into force of the constitution of india, in the union of india, therefore, the claim of the petitioner that the land in question, belongs to the khasi dorbar ..... supreme court in m.c. mehta v. union of india and ors. reported in : air2004sc4016 wherein the hon'ble supreme court held that natural sources of air, water and soil cannot be utilized if the utilization results in irreversible damage to the environment. mr. kar strenuously argued that depletion of forests, destruction of ecology ..... mylliem, an erstwhile khasi state, known as such in pre-independence india. when the british paramount lapsed, then under section 7 of the indian independence act all the agreements and covenants between the native states and the british government lapsed and that was substituted by instrument of merger and instrument of accession signed by .....
Tag this Judgment!Court : Guwahati
..... rule 3 cpc which being rejected on 30.09.2002, they filed civil revision petition 376/2002. their application under section 8 of the arbitration and conciliation act, 1996 and their prayer for invoking section 89 of the civil procedure code having been rejected by the trial court by orders dated 11.11.2002 and 06.01.2003 ..... iillj144sc , bahrein petroleum co. ltd., appellants v. p.j. pappu and anr. respondents(2) : (2002)10scc101 , arun agarwal, appellant v. nagreeka exports (p) ltd. and anr. respondents;(3) air 2002 sc 2402, shritram city union finance corporation ltd. appellant v. rana misra, respondent;(4) : air2006sc1828 , mayar (h.k.) ltd. and ors. v. owners & parties, vessel m.v. ..... ex parte on 15.12.1999.the petitioners thereafter filed three petitions; (1) for setting aside the ex parte decree, (2) under section 5 of the limitation act, 1963 for condonation of the delay in filing the petition for setting aside the ex parte decree and (3) for staying the title execution case no. 9/2000 .....
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
..... having been lodged by the coy. commander, moreh coy. the bsf authorities exercised their discretion, under section 80 of the border security force act, 1968 (in short, 'bsf act'), to institute a general security force court (in short, 'gsfc'). a gsfc was accordingly convened and the respondent herein faced the trial on the charge of having intentionally ..... society, level of emotion etc. describing the meaning and explaining the standard of 'reasonable man', the supreme court, in k.m. nanavati v. state of maharashtra air 1062 sc 605, observed as follows:is there any standard of a reasonable man for the application of the doctrine of 'grave and sudden' provocation? no abstract ..... homicide not amounting to murder' and 'culpable homicide amounting to murder'. it is in this context that observed, blacker, j. in arnold monteath mathews v. emperor air 1940 lahore 87, thus,coming to the first question, the point taken by counsel is that in order to comply with s.297, criminal p.c., the judge .....
Tag this Judgment!Court : Guwahati
..... cr.p.c. in short, thus, a muslim woman, who falls within the meaning of the term 'divorced woman', as defined in the mw act, has no right, with the coming into force of the mw act, to institute or maintain an application under section 125 cr.pc except when, on the date of the first hearing of the application under section ..... means of support for someone, the action of preserving or supporting. the supreme court had the occasion to describe the word 'provision', in metal box co. v. workmen air 1962 sc 612, as an amount set aside, out of the profits and other surplus, to provide for any known liability to which the amount cannot be determined with substantial ..... to the statement of objects and reasons to the bill, which resulted into the enactment of the mw act. the statement of object and reasons read as follows:the supreme court, in mohd. ahmed khan v. shah bano begum and ors. air 1985 sc 945 has held that although the muslim law limits the husband's liability to provide for maintenance .....
Tag this Judgment!Court : Guwahati
..... these only permitted occupation of the lands in their possession on payment of touzi bahira revenue. thereby their status as tenants either under the tenancy act or the ceiling act was not acknowledged. though the appellants have avowed to have filed applications praying for settlement of the plots in their occupation held on the strength ..... alternative, the appellants being the occupancy tenants under the original recorded pattadar in terms of the tenancy act, they having been issued kacha khatians, they are entitled in law to be conferred the ownership rights of the said land. pointing out that the appellants ..... however, was dismissed. while admitting the instant appeal noticeably no interim order was passed.10. mr. dasgupta has forcefully urged that the appellants being cultivating tenants within the meaning of section 16 of the ceiling act, they had a right to be settled with the land in their occupation under the said statute. in the .....
Tag this Judgment!Court : Guwahati
..... , gradually, undergone in english law. for the purpose of ascertaining as to what meaning the words 'suit' and 'action' carried in english law, when the act of 1855 was brought in force, we have to necessarily look into the evolution of the 'courts of common law' as distinguished from the 'courts of equity' and also the gradual fusion between ..... held that the proceeding as such would be maintainable before the learned district judge as the said court is the principal court by virtue of the tripura courts order, 1950. however, whether the proceedings are required to be treated as a 'suit' or a 'petition' for claim has not been specifically answered in the aforesaid latter judgment ..... for this submission is sought to be derived by mr. deb from the decisions in bishandayal and sons v. state of orissaand ors. reported in (2001) 1 scc 555 : air 2001 sc 544, union of india v. jyotirmoyee sharma : (1969)illj290cal and panna lal v. mohan lal and ors. .14. mr. deb further submits that even if this .....
Tag this Judgment!Court : Guwahati
..... xxx(2)xxx xxx xxx xxx(3)xxx xxx xxx xxx(4)xxx xxx xxx xxx(5) notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect ..... provisions of this chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the workmen's compensation act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the provisions shall, with necessary modifications ..... the respondent no. 1 (claimant) submitted that the appeal is not maintainable in the eye of law. according to the learned counsel for the respondent (claimant), the act dos not empower any insurance company to file an appeal. the learned counsel raised another technical objection relating to the maintainability of the appeal by submitting that the insurance .....
Tag this Judgment!Court : Guwahati
..... 38 all suits of the nature for recovery of money falling within the definition of public demand pending in any civil court immediately before coming into force of this act shall abate so however that such abatement shall be without prejudice to the right of the state government, corporation, government company or bank, as the ..... had already stood concluded but were reopened 'by a superior forum for the purpose of examining legality or propriety thereof. (see bibi rahmani khatoon v. harkoo gope air 1981 sc 1550 and mahendra saree emporium v. g. v. srinivasa murthi : air2004sc4289 (supra)).17. a cautious reading of the provisions contained in section 38 shows ..... have already been obtained by banks in civil suits?9. while considering the questions posed above, it may be noted that a constitution bench, in dhulabhai air 1969 sc 78 (supra), having taken into consideration various authorities, summarized the principles for determination of the question as to when a civil court's jurisdiction can .....
Tag this Judgment!Court : Guwahati
..... the will was not registered although there was enough time. according to him, the genuinity of the will has thus lost force to some extent, although it was admitted that even an unregistered will can be acted upon under the law. the learned additional district judge has also observed that a presumption could be drawn that the caveator was ..... lazarus (d) by lrs v. a.j. francis)25. : air2001sc2802 (n. kamalan (dead) v. ayyasamy) 26. air 1922 pc 162 (muruga goundan v. king emperor)27. air 1933 mad 492 (ignatia brito and ors. v. t.p. rego and ors.)28. air 1950 mys 57 (rukn-ul-mulk s. abdul wajid and ors. v. gajambal ramalingam and ors.)29. : air2002delhi20 (yashoda gupta ..... v. suniti goyal and ors.) 30. air 1932 cal 574 (surendra nath lahiri v. jnanendra nath lahiri) .....
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