Court : Guwahati
..... the evidence on record clearly established that the appellant had committed sexual intercourse with the victim without her consent. thus, the appellant forcefully raped the victim in a helpless condition. therefore, the act of the appellant constitutes an offence punishable under section 376 of ipc ; prosecution has thus been able to establish the case against ..... that the victim was subjected to illicit intercourse by the accused appellant. from the evidence of the witnessed it clearly transpires that the accused appellant by force compelled the victim to go with him and as stated by the victim and she was subjected to illicit intercourse. 29. now, it is required to ..... victim girl and / or knowing fully well that the victim girl would be subjected to illicit intercourse with him. the accused appellant took the victim girl forcefully against her will by wielding dagger and committed rape. 27. thus, the above situation as evidenced by the witnesses and the victim, clearly reflects that the .....
Tag this Judgment!Court : Guwahati
..... the evidence on record clearly established that the appellant had committed sexual intercourse with the victim without her consent. thus, the appellant forcefully raped the victim in a helpless condition. therefore, the act of the appellant constitutes an offence punishable under section 376 of ipc ; prosecution has thus been able to establish the case against ..... that the victim was subjected to illicit intercourse by the accused appellant. from the evidence of the witnessed it clearly transpires that the accused appellant by force compelled the victim to go with him and as stated by the victim and she was subjected to illicit intercourse. 29. now, it is required ..... victim girl and / or knowing fully well that the victim girl would be subjected to illicit intercourse with him. the accused appellant took the victim girl forcefully against her will by wielding dagger and committed rape. 27. thus, the above situation as evidenced by the witnesses and the victim, clearly reflects that the .....
Tag this Judgment!Court : Guwahati
..... if it believes that the same existed or that their existence was so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that these did exist. their lordships propounded that the accused will have to rebut the presumption that such circumstances did not exist, by placing ..... lordships of the apex court while dealing with the plea of legal insanity contemplated under section 84 of the code in conjunction with section 105 of the evidence act had observed that the fundamental principle of criminal jurisprudence is that an accused is presumed to be innocent and that, therefore, the burden lies on the ..... prosecution witnesses, the testimony of the doctor read with his report (exhibit-1), establishes beyond doubt that the accused/appellant, even if his involvement in the alleged act of assault is otherwise proved, cannot be held guilty of the offence of murder with which he has been charged. 20. elaborating on the concept of schizophrenia .....
Tag this Judgment!Court : Guwahati
..... course of trial, the claimant-respondent examined five witnesses including herself, while the insurer examined two witnesses to defend its case. at the conclusion of the trial, the tribunal awarded the compensation together with interest as indicated above. there is no dispute that the deceased died in the motor vehicle accident in a public place in which truck ..... the driving licence of the deceased nor could his employer (cw4) produce the registration certificate of the truck he claimed to own. in my opinion, there is force in this contention of the learned counsel for the insurer. whether the deceased was a driver and was having a driving license to drive the offending truck are facts ..... (1.) this appeal under section 173, motor vehicles act, 1988 is directed against the judgment and award dated 30-1-2009 passed by the learned member, motor accident claims tribunal, shillong in m.a.c. case no. 72 of 2006 awarding a compensation of '8,23,000/- together with interest at the rate of 9% per .....
Tag this Judgment!Court : Guwahati
..... (supra), observed that the public authorities must take statutory notice, issued to them, in all seriousness and the purpose is not to sit over it and force the citizens to the vagaries of litigation. (27.) from the above principles of law laid down by the supreme court and high courts including our high court ..... (28.) section 80 cpc, which provides the requirement of issuing statutory notice, before instituting any litigation against the government or public officer in respect of any act purporting to be done by such public officer in his official capacity, provides that in the case of a suit instituted against any government, a notice in ..... which the plaintiff-firms had also agreed. (7.) the appellant no.4, issued work order in favour of the plaintiff-firms and, accordingly, the plaintiff-firms, acting through their attorney, sri rajesh more, had supplied the articles to the defendants department as per specification of work orders, through challans, as mentioned in the respective plaints .....
Tag this Judgment!Court : Guwahati
..... no.1 contended, in the writ proceeding, that the assam general sales tax act, 1993 (in short, 'the agst act, 1993,') stood repealed and replaced by the assam value added tax act, 2003 (in short, 'vat act, 2003') and with the coming into force of the vat act 2003, the question of furnishing 'sales tax clearance certificate' could not have arisen ..... speaks of a condition of furnishing of 'sales tax clearance certificate'. the requirement of furnishing of 'sales tax clearance certificate', in the context of the law, in force, means that there is no outstanding amount of sales tax due to the state from the person holding the certificate. the requirement of furnishing of 'sales tax clearance ..... it was clear (and it is not in dispute) that only one type of woolen blanket would be accepted and ordered for. situated thus, we find no force in the submission of mr. kataki that the appellant had not fulfilled the conditions of the nit in respect of deposit of earnest money.48..because of what .....
Tag this Judgment!Court : Guwahati
..... nature of injury sustained by the deceased, it appears that the assailants selected the vital parts of the body of the deceased and gave dao blow with sufficient force which detached the great vessels and muscles of the right neck and right ear at the root, which caused the death of the deceased. in the circumstances, it ..... basiruddin, fayez ali, taleb ali, abdul mazid, yusuf ali, abdul aziz, mohammad ali, abdul hussain, sahabuddin and mamtaz had gone to the plot of land belonging to malek armed with dao, spear etc. when he went near the place, accused abdul hussain, sahabuddin, isab ali, basir and taleb assaulted him. according to him, accused aziz threw a ..... accused foyaz assaulting the deceased by dao is not trustworthy. the learned additional sessions judge has categorically held that there is no evidence to show that any overt act was done by each of the accused persons for causing the death of saharuddin. therefore, there is no scope for this court to analyse and decide the complicity .....
Tag this Judgment!Court : Guwahati
..... port of bombay (supra) had observed thus- "we concern ourselves in this case with a narrow question whether where in such a disciplinary enquiry by a domestic tribunal, the employer appoints presenting-cum-prosecuting officer to represent the employer by persons who are legally trained, the delinquent employee, if he seeks permission to appear and ..... denial of a defence assistant to the petitioner as requested by him in the face of the appointment of legally trained officers by the disciplinary authority to act as the inquiry officer and the presenting officer being in gross violation in the letter and spirit of the said legal provision, the impugned disciplinary proceeding ..... had been conducted in rigorous compliance of the rules and the mandate of procedural fairness and that the petitioner's request for permitting shri b. k. talukdar to act as his defence assistant was declined as by then he (shri b. k. talukdar) had enrolled himself as a practicing advocate. according to the respondents, .....
Tag this Judgment!Court : Guwahati
..... railway invited tenders by floating the five nits, on 27. 06. 2009, has remained unanswered by the nf railways. this apart, mr. choudhury has considerable force in his submission that the discharge of the second nit , dated 15. 01. 2009, by branding the petitioner firm as unsuccessful tenderer, is based on ..... respondent, because of the application of the principle of approbation and reprobation, particularly, when the petitioner firm had already accepted conditional award of contract and acted thereupon. 51. eventually, the court dismissed the writ petition making it clear that the other points , which had been raised by the contesting parties, ..... awarding the said work. such uncontrolled, unguided and unlimited discretion, in a selection process, was, according to the petitioner firm, nothing but arbitrary. this act of the railway authorities, contended the petitioner firm in its earlier two rounds of litigations, as indicated hereinbefore, not only violated the modified circular, dated 09 .....
Tag this Judgment!Court : Guwahati
..... counsel for the parties. in order to answer the submissions made by the learned counsel for the parties, let us discuss the provisions of railway claims tribunal act, 1987.13) the railway claims tribunal act, 1987 (for short, the act) was enacted by the parliament for the purpose of dealing with the claims for damage, compensations or loss suffered by the claimant on account of ..... the petitioner submits that in fact under sub-section 1 of the section 23 of the act, high court is prescribed as the appellate forum. since the appeals are not filed within the time prescribed, the provisions of order 41 of cpc would come into force and accordingly in terms of order 41 rule 3a of cpc, the applicant /petitioner is entitled .....
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