Court : Guwahati
..... hon'ble apex court. the main purpose for citing this authority is that in absence of any provision for appeal or revision under wakf act, 1995 any application challenging the order of wakf tribunal has to be construed as an application under section 115 of the code of civil procedure and such application should be dealt with within the ..... points are to be examined by this court:(i) what is the scope and ambit of the high court to interfere with an order of wakf tribunal under section 83(9) of the wakf act, 1995?(ii) whether the impugned order suffers from any illegality? and(iii) whether the revision petitioners are entitled to be appointed as joint mutawallis?4 ..... parameters of section 115 cpc. in my considered opinion, this authority is not applicable inasmuch as proviso to section 83(9) of the wakf act, 1995 has made a provision for reviewing the orders of tribunal. hence, the situation in the present case is different than what was in the case of shyam sunder agarwal (supra).12. mr. k. .....
Tag this Judgment!Court : Guwahati
..... extreme brutality; or(b) if the murder involves exceptional depravity; or(c) if the murder is of a member of any of the armed forces of the union or of a member of any police force or of any public servant and was committed-(i) while such member or public servant was on duty; or(ii) in consequence of ..... children.51. the relevant for the purpose of the present case is the 3rd circumstance mentioned above, i.e. the probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society. admittedly the offence took place seven years back. the accused escaped from the judicial custody during the course ..... his guilt.29. from the foregoing discussion we have no alternative but to reach an irresistible conclusion that the expression 'magistrate' occurring in section 26 of the evidence act can only mean a judicial magistrate but not an executive magistrate.30. in the light of the foregoing discussions and the conclusions, in our view, exts-15 and .....
Tag this Judgment!Court : Guwahati
..... challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34.13. under section 16 of the said act 1996 the arbitral tribunal may rule on his own jurisdiction including ruling on any objections with regard to the existence or validity of the arbitration agreement. party aggrieved by any order ..... arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to ..... ; or(b) the court finds that-(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or(ii) the arbitral award is in conflict with the public policy of india.explanation-without prejudice to the generality of sub-clause (ii) it is hereby declared .....
Tag this Judgment!Court : Guwahati
..... r.i. for 3 years and also to pay a fine of rs. 2,000/- for the offence under section 27(1) of arms act, in default, to suffer r.i. for 6 months, both the sentences will run concurrently, the convict-appellant (hereinafter referred to as ..... and whereunder the appellant was convicted under section 364 read with section 149 of ipc and also under section 27(1) of the arms act read with section 149, ipc is liable to be set aside and same is set aside and the accused deserves acquittal. the appellant ..... whereby and whereunder the appellant was convicted under section 364 read with section 149 of ipc and also under section 27(1) of the arms act read with section 149, ipc sentencing him to suffer r. 1. for 7 years and also to pay fine of rs. 4, ..... 11-30 a.m. in the meantime, two labourers came hurriedly to his house and informed him that labour santosh deb barma was forcefully taken by a group of extremist. immediately after that he went to crpf camp and informed about the incident. crpf also talked .....
Tag this Judgment!Court : Guwahati
..... he could not be treated as owner as per definition of the 'owner' of the offending vehicle as indicated in the m.v. act. the appellant herein has also stated before learned tribunal that siddhartha saha was in actual possession of the offending vehicle as the said vehicle was supplied by him for his benefit by appointing ..... documentary evidences however on behalf of the opposite party, he himself had come for deposition.8. after going through the documentary evidences, materials on record, learned tribunal dealt with all the issues and has also ascertained the age of the deceased nagendra debnath as 44 years at the time of accident and, keeping in view ..... have the authority to get back the possession of the concerned vehicle. so, it can safely be said that aforesaid lease deed was executed without any legal force.x) when once the forest authority seized the said vehicle then priyavart chaudhury moved both before chief judicial magistrate as well as sessions judge ofwest tripura district for .....
Tag this Judgment!Court : Guwahati
..... .10. in order to substantiate his submission the learned senior counsel had referred to the following decisions of the apex court.1) sarguja transport service v. state transport appellate tribunal, m.p. gwalior and ors. reported in : [1987]1scr200 .2) bakhtawar singh and ann v. sada kaur and anr. reported in : air1996sc3488 and3) upadhyay ..... ') and, therefore, the plaintiffs were entitled to exclude the time spent in prosecuting the said earlier suit as provided under section 14 of the limitation act, 1963 (hereinafter 'the act'). the question, therefore, that arises for our consideration is whether the plaintiffs-appellants were permitted to withdraw the suit in accordance with the provisions contained ..... code and whether in the facts and circumstances of the present case the plaintiffs-appellants are entitled for exclusion of the time under section 14 of the act. clauses (3) of order 23, rule 1 of the code contemplates that where the court is satisfied (a) that a suit must fail by reason .....
Tag this Judgment!Court : Guwahati
..... the difference amount of purchase and sale value of the said m/s. r.k. associates. in view of the provisions contained in section 43(5) of the act, the tribunal took the view that the loss of rs. 3,99,860 so suffered by the assessee was speculation loss and accordingly, modified the appellate order dated october 30, 1998 ..... of mr. sahewalla learned senior counsel, mr. u. bhuyan learned standing counsel for the revenue has submitted that there is no infirmity in the order of the tribunal and the tribunal was correct and justified in treating the said share transaction loss as speculation loss. referring to the provisions of explanation 2 to section 28, section 43(5) and ..... on behalf of the assessee that as there was no initial intention on his part to settle the contract in question, by payment of difference but he was only forced by the subsequent circumstances to do so, the transactions were not speculative in nature, cannot be accepted in the facts and circumstances of the case.27. in the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
..... deduction under section 80hhc with reference to composite income derived from growing and manufacture of tea before, application of rule 8. this tribunal in its order dated 02.05.2003 in ita no. 281(gau)/of 1998 for the assessment year 1994-95 had held ..... for the assessee has submitted that ground nos. 1 to 10 except ground no. 9 are covered by the order of this tribunal dated 02.05.2003 in the assessee's own case for the assessment year 1994-95 in ita no. 281/gau./1998. the ..... therefore held to be not taxable in india. the relevant sections, namely section 5(2) and section 9 of the income-tax act, 1961 not having undergone any change in this regard, the clarification in circular na.23 shall prevails. no tax is therefore deductible ..... of payment thereof deduct income tax at the rates in force.section 195 of the act casts obligation on an assessee to deduct tax from the payments made to non-residents which is chargeable to tax under the act. it was therefore necessary for a.o. to establish .....
Tag this Judgment!Court : Guwahati
..... kerosene over her body and before setting her on fire was contradictory and the dying declaration was not worthy of credence on this account. we, however, do not find any force in the submission inasmuch as the possibility of the accused leaving home for a short period after 10.30 to 11 a.m. cannot be ruled out. there is no ..... mind. where it is proved by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the voluntary and ..... by the injured need always be reproduced. even a translated version, if the same is found to be a correct version of the statement of the injured can be acted upon. in this view of the matter the contention that no reliance can be placed on the dying declaration since the exact words uttered by the injured have not been .....
Tag this Judgment!Court : Guwahati
..... of superintendence of the high court concerned. this power of superintendence, however, excludes the courts or tribunals, constituted by or under any law, relating to the armed forces. thus, every court and tribunal, except those courts and tribunals relating to armed forces, functioning under the territorial jurisdiction of a high court, is under the high court's power ..... invoked in a case, where the grievance is only as regards the quantum of compensation, particularly, when there was no accusation or material that the claims tribunal had acted arbitrarily, for, the court, in bina bhattacharjee (2006 aihc 64) (supra), pointed out that even an erroneous decision, in absence of any other ground ..... , rendered in rejina begum (supra) and followed in gauri roy (deb) (supra), is correct to the effect that when a claims tribunal acts without jurisdiction, i.e., by assuming jurisdiction, where no such jurisdiction exists, or refuses to exercise jurisdiction, where the jurisdiction exists, or .....
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