Court : Guwahati
..... by 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 conducted the post ..... 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 does so ..... in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial:provided that no confession shall be recorded by a police officer on whom any power of a .....
Tag this Judgment!Court : Guwahati
..... by filing a petition under articles 226/227 of the constitution on the premise that the insurer has limited grounds available for challenging the award given by the tribunal. section 149(2) of the act limits the insurer to file an appeal on those enumerated grounds and the appeal being a product of the statute it is not open to an insurer ..... on 30.10.1997 for which a criminal case was instituted being takarjala police station case no. 53 of 1997 under section 148/149/304/ 307/364, ipc and 27 arms act. in the claim petition, it is also stated that the accident took place because of the negligent driving of the vehicle of the owner, opposite-party. the application of ..... under the motor vehicles act is a civil court 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 .....
Tag this Judgment!Court : Guwahati
..... unrelated to the non-compliance by the petitioner with the requirements of section 117. after the amendment, the jurisdiction of both the election commission and the tribunal in respect of election disputes has been abolished and the high courts of respective states have been vested with the jurisdiction in this regard. but the conferment ..... 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 ..... 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
..... charges levelled against the delinquent petitioner.4. the trial court found that the prosecution failed to establish the charges under section 395 and 396 ipc and 27 arms act and acquitted the accused petitioner of the charges levelled against him. though the petitioner was acquitted by the criminal court of the charges levelled against him, ..... order of punishment with the direction that the appellate authority will consider the question of punishment afresh and pass appropriate order. against the said judgment of the tribunal, appeal was preferred before the apex court. the apex court in senior superintendent of post offices (supra) while considering the case of nelson motis v. union ..... the petitioner is severe in nature and the order of dismissal passed by the disciplinary authority is just and proper, being the petitioner a member of disciplinary force. it is not a fit case where the authority should show leniency.12. mr. t.d. mazumdar, while resisting the argument advanced by the learned .....
Tag this Judgment!Court : Guwahati
..... a powerful minister of the state, was involved in two police cases registered in the panbazar and chandmari police stations of guwahati for commission of offences under the arms act, unlawful activities (prevention) act as well as for offences under the tada. according to the news item, the records of investigation including the case diaries of the two cases became mysteriously unavailable ..... us, a case was registered against himanta biswa sarma, then a student, at panbazar p.s. on 12.1.91 for offences punishable under section (i)(a) of arms act, and under sections 3 and 4 of tada 1987, for having collected a huge amount of money in the name of ulfa.the number of this case was 15 on ..... also developed intimacy with minister sharma and was rewarded (obtained) with the licence for a wine shop.at a time when, for use of a telephone or for being forced to shelter an ulfa cadre for a night, the common citizens are constantly being harassed by the police, the army and even by the courts, the p.i.l. .....
Tag this Judgment!Court : Guwahati
..... of the group was vested, while dhn carried on the business of the group, occupying the property as a licensee. according to the decision of the lands tribunal, on the compulsory purchase of the land, negligible compensation only was payable since dhn had been deprived merely of a revocable license and the subsidiary had had no ..... succeeded in stopping till now the state respondents from obtaining the pacemakers, which are meant, naturally, for a person, who cannot afford to pay and have to per force depend on the government to provide the same to him. in a case of present nature, when a medical appliance, which can save a human life, was ..... company, lifetime warranty has to be submitted by the subsidiary if the subsidiary offers for supply the pacemaker, which has been manufactured by its parent company. in fact, acting upon the said condition mentioned in the nit, the respondent no. 4 had, admittedly, submitted a lifetime warranty from its parent company in respect of the pacemakers, .....
Tag this Judgment!Court : Guwahati
..... under paragraph 8, the speaker of the tenth nagaland legislative assembly framed rules calling 'nagaland legislative assembly (disqualification on ground of defection) rules, 2003', which came into force with effect from 18.3.2006. it may not be necessary to examine the entire body of the rules except the rules relevant for the present purpose.16. ..... proceedings as per the provisions of the tenth schedule of constitution. even though, the speaker has supreme authority in conducting the proceedings of the house, yet his acts cannot and should not result in creating a mockery of the constitution. this situation has led to uncertainty in the state administration with speculations of horse trading and ..... on the 12th of december 2007, the chief minister made a statement (press clipping -annexure g) that these mlas have been put under duress by armed elements to defect, points to a situation which reflects helplessness of the state government led by chief minister in controlling anti social and .....
Tag this Judgment!Court : Guwahati
..... jurisdiction under section 34 of the act. their lordships have held that an arbitral tribunal has to decide the dispute in accordance with the substantive law, i.e. the procedures prescribed under various provisions of the arbitration act as well as the indian contract act, transfer of property act and such other laws in force. their lordships have held that ..... awarded some contract works of different nature by the army and not by brtf/border roads organisation.15. under section 28(3) of the arbitration act, the arbitral tribunal has to decide the dispute in accordance with the terms and conditions of the contract and in this process usages of the trade can also be taken ..... ordinary usages of the trade. hence, the impugned award is also de hors to section 28(3) of the arbitration act.16. it is needless to say that while deciding commercial disputes the courts/tribunals/arbitrators cannot travel beyond the terms and conditions of the contract agreement. in other words, there is no scope of .....
Tag this Judgment!Court : Guwahati
..... for correcting errors of jurisdiction, i.e. when an authority assumes jurisdiction, where no such jurisdiction exists.ii. certiorari will also be issued when the court or tribunal acts illegally in the exercise of its undoubted jurisdiction, for, when it decides without giving an opportunity to the parties to be heard or violates the principles of ..... by such court except after giving a reasonable opportunity of being heard to the parties.(2) notwithstanding anything contained in any other law for the time being in force, the authority or committee organising the lok adalat under sub-section (1) of section 19 may, on receipt of an application from anyone of the parties to ..... the appellate authority disregarded any mandatory provisions of the law but what can be said at the most was that it had disregarded certain executive instructions not having the force of law, there is no case for the exercise of the jurisdiction under article 226.14. the constitution bench in t. c. basappa v. t. nagappa .....
Tag this Judgment!Court : Guwahati
..... but that is not the same thing as saying that such circulars would either have a binding effect in the interpretation of the provision itself or that the tribunal and the high court are supposed to interpret the law in the light of the circular. there is, however, the support of certain judicial observations for ..... . that the flat shall be handed over on or before 24 (twenty four) months of this agreement. however in case of unforeseen circumstances, acts of nature, legal impediments, stays, government restrictions, 'force majuere' events, etc., the said period of handing over shall be extended.6. that time being the essence of the agreement, the second party ..... law issued in exercise of the statutory power under section 119 of the act or under corresponding provisions of the predecessor act are binding on the authorities in the administration of the act. the tribunal, much less the high court, is an authority under the act. the circulars do not bind them. but the benefits of such circulars .....
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