Court : Guwahati
..... mallikarjunappa and anr. v. shamanur shivashankarappa and ors. : air2001sc1829 and that of delhi high court given in the cases of ved prakash gaur v. sukhan and ors. air 1984 delhi 276 were referred.10. per contra, learned counsel for the election petitioner relied upon the judgment of the hon'ble apex court rendered in the case of dr ..... signature in the copies. this court further held that there was substantial compliance with section 81 (3) of the act and the petition could not be dismissed under section 90(3). that case applies with full force to the facts of the present case, and it must therefore be held that there was substantial compliance with ..... illegal reception of few votes, the aforesaid election petition has been filed under sections 100 (1) (d) (iii) (iv) of the representation of the people act, 1951 (hereinafter 'rop act' in short), so as to declare the election of the sole respondent as void.2. having duly notified, the respondent has appeared to contest the election petition .....
Tag this Judgment!Court : Guwahati
..... assembly constituency, the above named defeated candidate has filed the connected election petition under sections 80-a read with section 81 of the representation of peoples act, 1951 (briefly 'rop act'). in the election petition, apart from seeking declaration that the election of the respondent no. 1 is null and void, the petitioner has also made ..... petitioner relied upon the judgment of hon'ble orissa high court given in the case of kanak vardhun singhdeo v. sri bibekananda meher and ors. reported in air 1991 orissa 234)14. apparently and admittedly, two facts are undisputed. firstly, that challan for security deposit was not enclosed with the election petition and secondly, ..... -deposit of security money in time and also for non-disclosure of material facts of corrupt practice. in other words i find sufficient force in the preliminary objections and those are accepted. both the miscellaneous applications are hereby accepted and allowed. however, there shall be no separate order to cost.
Tag this Judgment!Court : Guwahati
..... has been stated that at the time of the petitioner's appointment, the assam judicial service rules, 1967 (hereafter also referred to as 1967 rules) were in force, which got substituted by the assam judicial service rules, 2003, (hereafter referred to as the 2003 rules) thereafter. the deponent denied that the petitioner before the impugned ..... and relevant justifying the discharge of a probationer, mere omission to mention the same in the order would not necessarily be fatal if taken note of and acted upon by the authority concerned. the sequence of events noticed hereinabove and the relevant facts available before the administrative committee proclaim that its resolution followed a ..... confirmed under the said rules, the apex court reiterated its view in sukhbans singh, surpa, and concluded that even though a probationer may have continued to act in the post to which he was appointed on probation, he could not become a permanent servant merely because of efflux of time, unless the rules of .....
Tag this Judgment!Court : Guwahati
..... for the purposes of section 25 of the code of civil procedure.27. accordingly, the argument of mr. soumik deb on point no. 1, though appears to be forceful, cannot be accepted for the reasons stated above. hence, the answer to point no. 1 is negative.28. as we have discussed above that in sadhana lodh ( ..... supreme court and after considering the case of sadhana lodh (supra) wherein the apex court considering the case of national insurance company v. nicolleta rohtagi 2002 acj 1950 (sc) held that appeal is a statutory right and where the law provides by filing an appeal on limited grounds, the grounds of challenge cannot be enlarged ..... of gujarat v. vakaht singhji : [1968]3scr692 , considering the case of harivishnu kamath v. syed ahmed ishaque air 1955 sc 233, the apex court overruled the contention inter alia that section 12 of the bombay taluqdari tenure abolition act (62 of 1949) makes the decision of the tribunal final and conclusive and high court cannot interfere while propounding .....
Tag this Judgment!Court : Guwahati
..... danger of breach of peace in the locality. ordinarily, a person dispossessed from his land shall sue for recovery of the immovable property under the provisions of the specific relief act and if there is a threat of his dispossession, he should institute a suit to obtain injunction. these are ordinarily forum for establishing rights of the litigants. a proceeding ..... be shocked and mentally disturbed, but life of the community may still move keeping pace with the even tempo of the life of the community. if, by such act of dispossession, even tempo of the life of the community is disturbed or jeopardized, it may become a case of disturbance of public order and tranquility. the ..... acts of a private party, which affect personal rights of another party, do not disturb the even tempo of the society, for, such feuds are private feuds. basis of .....
Tag this Judgment!Court : Guwahati
..... trial:provided that no confession shall be recorded by a police officer on whom any power of a magistrate has been conferred under any law for the time being in force.(2) the magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he ..... produced or sponsored by investigating officer. but the bench has distinguished that aspect from the confession recording for which the following observations have been specifically made (para 12 of air, cri lj):there can be no doubt that a confession of the accused can be recorded by a magistrate. an accused is a definite person against whom there would ..... amusing themselves.6. the police on completion of the investigation submitted charge-sheet against the accused appellants under sections 302/34 ipc read with sections 25/27 of the arms act, 1959. during the trial the prosecution examined as many as 18 witnesses including p.w. 15, p.w. 17 and p.w. 18 c.n. lungking, who .....
Tag this Judgment!Court : Guwahati
..... and has not, in fact, been disputed before me.11. the aforesaid case (bina bhattacharjee) being a decision rendered in later point of time, it will have forceful effect than the earlier case decided by the same single judge in rejina begum (supra), which was decided on 20-1 -2005.12. in view of the aforesaid ..... 2006 aihc 2947. the division bench, in member, motor accident claims tribunal, guwahati, (ftc no. 1) (supra), held that the full bench decision, in milon rani saha air 2000 gauhati 136 (supra), is no more a good law in the light of the authoritative pronouncement of law in sadhana lodh : [2003]1scr567 (supra). the division bench also ..... if the court, tribunal or authority, deciding the case, has ignored vital evidence and thereby arrived at erroneous conclusion or has misconstrued the provisions of the relevant act or misunderstood the scope of its jurisdiction, the constitutional power of the high court under articles 226 and 227 can be invoked to set right such errors and prevent .....
Tag this Judgment!Court : Guwahati
..... or is not an interlocutory order, for, if such an order is held to be interlocutory order, the learned additional sessions judge must be held to have acted beyond his jurisdiction inasmuch as the revisional jurisdiction cannot, in the light of the provisions of sub-section (2) of section 397, be exercised in respect of ..... of breach in the locality. ordinarily, a person, dispossessed from his land, shall sue for recovery of the immovable property under the provisions of the specific relief act and if there is a threat to his dispossession, he should institute a suit to obtain injunction. these are, ordinarily, forum for establishing rights of the litigants. ..... case, the learned executive magistrate had no power to draw a proceeding under sub-section (1) of section 145 and, hence, the learned additional sessions judge acted within the ambit of law, when he entertained the revision and stayed the proceeding. as far as learned additional public prosecutor is concerned, his submission is that .....
Tag this Judgment!Court : Guwahati
..... ) in so far as a person stands in the character of 'person accused of an offence', as soon as such person is arrested by an officer of the force on suspicion or on charge of committing an offence under the penal law. this submission, to say the least, is contrary to the legal position already noted above ..... appropriate to bear in mind that the construction placed upon section 10 of the opium act would be applicable with all force to the interpretation of section 54 of the ndps act.36. now, coming to the question of presumption envisaged under section 54 of the ndps act, it may be noted that the presumption under the section is a presumption of law ..... which stands on a different footing from an optional presumption of fact as envisaged by section 114 of the evidence act. .....
Tag this Judgment!Court : Guwahati
..... then whether maximum witnesses are scrutinized thoroughly and fairly. whether intention/motive/tendency mens rea/the attitude of such alleged official reflecting from his acts for which the process is being issued has also to be analyzed thoroughly?(vii) whether previous antecedent and general reputation of the said alleged ..... cable network at milanchakra on 26th september, 2006 and found that there were violations of the provisions of cable tv network (regulations) act, 1955 (in short called 'act', 1955). on surprise inspection, shri hrishikesh dey in stead of submitting any document of registration and other required statutory records pertaining to ..... running the business, tried to assault the petitioner along with other miscreants and used criminal force to deter the petitioner & his team members from .....
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