Court : Guwahati
..... the territory of india. but this shall not apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the armed forces.14. in bharat bank ltd. v. the employees of the bharat bank ltd., air 1950 sc 188, kania c. j. analysed the nature of ..... a revenue court as envisaged in the c.p.c12. in the new english dictionary the meaning of court is : assembly of judges or other persons legally appointed and acting as tribunal to hear and determine any causes -- civil, criminal, military or naval. according to the webster's twentieth century dictionary, one of the meanings of court is the ..... rights of one subject against another or questions of right between the subject and the state and discharging its functions according to the established form of judicial procedure. when a tribunal acts in a manner similar to that of a court of justice, one has to look to its (1) constitution, (2) functions and (3) procedure in order to .....
Tag this Judgment!Court : Guwahati
..... constitution confers on every high court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction excepting any court or tribunal constituted by or under any law relating to the armed forces. it is well settled that bench the power of superintendence so conferred on ..... article 226/227 of the constitution on the premise that the insurer has limited grounds available for challenging the award given by the tribunal.under section 173 of the act, an insurer has right to file an appeal before the high court on limited grounds available under section 149(2). the appeal ..... , authorities and the state. the power of superintendence conferred upon every high court by article 227 is a supervisory jurisdiction intended to ensure that subordinate courts and tribunals act within the limits of their authority and according to law [see state of gujarat v. vakhatsinghji vajesinghji vaghela : [1968]3scr692 ahmedabad mfg. & calico ptg. .....
Tag this Judgment!Court : Guwahati
..... article the high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction except over any court or tribunal constituted by or under the law relating to the armed forces. the collector, acting under section 30 of the act is not excepted. in the instant case the error of law ..... as to limitation is apparent, there being no limitation prescribed under section 30 of the act. in mrs. khorshed shapoor v ..... 226, on the same ground. in air 1968 sc 1481, the collector in the matter of awarding compensation under bombay talukdari tenure abolition act was held to be a tribunal.17. in the instant case the collector erred in treating the two applications, as objections under section 9, and in rejecting the applications .....
Tag this Judgment!Court : Guwahati
..... specilized part of overall mechanism by which the military discipline is preserved. it is for the special need for the armed forces that a person subject to army act is tried by court-martial for an act which is an offence under the act. court-martial discharges judicial function and to a great extent is a court where provisions of evidence ..... in court-martial proceedings. at any rate it cannot be higher than the jurisdiction of the high court exercised under article 277 against an order of an inferior tribunal.(emphasis supplied)in the union of india v. sardar bahadur reported in : (1972)illj1sc the apex court had held as follows:where there are relevant materials which ..... article 226 of the constitution.16. the above observation, with which i find myself in complete agreement, reflects the correct position of law and applies with equal force to the facts of the present case.17. as regards the next question relating to non-recording of the plea in the words used by the accused, the .....
Tag this Judgment!Court : Guwahati
..... so much so, that the entire state of assam was declared a 'disturbed area' and the assam disturbed areas act as well as the armed forces (special powers) act had to be brought into operation. the skeleton police force were too meagre to keep traces of the persons indulging in unlawful activities throughout the length and breadth of the ..... bhagwati, j. in khudiram (supra), added the following expressions of lord finlay in rex v. halliday, 1917 ac 260:the court was the least appropriate tribunal to investigate into circumstances of suspicion on which such anticipatory action must be largely based.from the very nature of the proceeding it is well nigh impossible to test ..... section (ii) at pages 1061 and 1062. the action of the government was found to be justified by the tribunal constituted under the act. therefore, 'prepak' is one of the assemblies declared to be so, under 'the act'. any member of the organisation carries with him the stigma that he is a member of a secessionist organisation. .....
Tag this Judgment!Court : Guwahati
..... ac 105. lord diplock summarized the situation as follows:there is a little authority in english law concerning the rights and duties of a member of the armed forces of the crown when acting in aid of the civil power; and what little authority there is relates almost entirely to the duties of soldiers when troops are called upon to assist ..... appeal held that the firing of the shot which killed the passenger was, on the facts found by the judge, a grossly excessive and disproportionate use of force, and that any tribunal of fact properly directed would so have found. the certified question of law for your lordships is whether a soldier on duty, who kills a person with ..... the requisite intention for murder, but who would be entitled to rely on self-defence but for the use of excessive force, is guilty of murder or manslaughter. .....
Tag this Judgment!Court : Guwahati
..... the applicant of o.a.no 16 of 2012 seeks to challenge, the order dated 11.6.2013 passed by the armed forces tribunal, guwahati (for short called the tribunal ) in the aforementioned o.a. by impugned order, the tribunal dismissed the o.a. filed by the writ petitioner and in consequence confirmed the order dt 23.3.2012 passed by the ..... ) on 1.9.2011. bascially two charges were framed against the petitioner. the first charge was under section 354 of ipcode read with section 71 of the act for using the criminal force against the woman intending thereby to outrage her modesty by repeatedly touching her body while travelling in the bus and in the alternative committing an ..... with reduction of rank and also reprimand for the offence committed. the petitioner filed a pre-confirmation petition on 13.12.2011 under section 161 (1) of the act before the air officer commanding in-chief and prayed therein that the findings recorded by the dcm may not be confirmed and it be set aside. the competent .....
Tag this Judgment!Court : Guwahati
..... words took place between s/shri murthy and bhowmik and this exchange developed into the alleged scuffle. as per the testimony shri murthy became excited and applied physical force on shri bhowmik. also it is on testimony that persons present on the spot, physically took away s/shri murthy as well as bhowmik, apprehending any ..... to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it is not entitled to act as an appellate court. this limitation necessarily means that findings of fact reached by the inferior court or tribunal as result of the appreciation of evidence cannot be reopened or questioned in writ proceedings. an error of ..... and5) there was no evidence to prove that shri bhowmik hit shri murthy on his chin and right arm. on the contrary the inquiry officer categorically stated, 'as per the testimony shri murthy became excited and applied physical force on shri bhowmik.'10. all that the inquiry officer found was that 'a scuffle definitely took place in .....
Tag this Judgment!Court : Guwahati
..... dasarath singh squarely comes within the word 'death' due to accident arising out of the use of motor vehicle found in section 163-a(1) of the act. consequently, the tribunal was justified in awarding the compensation claimed by the appellants....7. as pointed out by the learned counsel for the appellants, the motor vehicles ..... and my younger brother manik majumder started for going to takma cherra by availing jeep no. tr-03-2119. on the way at manubazar some tribal extremists having fire arms with them gave signal to stop our vehicle. out of fear the aforesaid jeep driver did not stop the vehicle and gave excessive speed in driving the vehicle. ..... quoted 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 death .....
Tag this Judgment!Court : Guwahati
..... was not to avoid capital gains tax. however, in appeal against the gift-tax assessment, it was argued before the tribunal that there was no element of gift in the transfers which had to be made under force of circumstances by the assessee. alternatively, it was argued that the sale of 100 shares belonging to the minor son ..... like sentimental consideration such as love and affection. we are also not impressed with the contention of the learned counsel for the assessee that the transactions were at arms length. the circumstances narrated above show that these shares were transferred to the sons at a consideration which was lower than the market value as the assessee wanted ..... of gift the shares standing in the name of minor son and transferred should also be considered. but for the provision of section 64 of the income-tax act, the assessee would have certainly claimed that the income from those shares should not be included in the hands of the assessee. under the general law the transaction .....
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