Court : Guwahati
Decided on : Jan-18-2006
..... police report itself to show that even the investigating officer at certain stage of the investigation observed that a case under sections 3/4 of the dowry prohibition act has been established against all the accused persons. however, the investigating officer was influenced by the note of the supervisory police officers and did not file charge ..... enter into the same at this stage. the impugned order dated 15.6.2001 has been challenged on the ground that the learned chief judicial magistrate has acted in arbitrary and illegal manner and he has no jurisdiction and power to consider the materials collected during the course of investigation. it has also been stated ..... under section 173, cr.p.c. whereby charge-sheet was submitted against the accused-petitioner no. 2 smt. radha tewari under sections 3/4 of the dowry prohibition act. police, however, did not find any evidence against the other two accused petitioners namely, jagat mohan tewari and ajay shankar tewari and, hence, they were not sent .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-31-2006
..... station to lodge an information. however, p.w. 1 claimed that after two days, he sent a complaint petition to the police station which was not acted upon. the bikhora police station, however, received intimation about the unnatural death of the deceased and after registering a case accordingly to ascertain the cause of the ..... the failure by her father to pay the remaining amount of the dowry. the trial court rejected the prayer to consider release on probation of the offenders' act under section 360 of the criminal procedure code (for short, 'crpc') keeping in mind the present disturbing scenario in the society which is smeared with occurrences of torture ..... rs. 10,000/-. thus the defence story of insanity remained unproved failing thereby to dislodge the statutory presumption taken under section 113-a of the evidence act.22. the discussion made above would go to show that the judgment under challenge does not suffer from any material irregularity or illegality particularly when such a .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-21-2006
..... pradesh : 1956crilj291 , vivian bose, j, speaking for the court after an elaborate discussion observed that in judging a question of prejudice, as a guilt, the courts must act with a broad vision and look to the substance and not to the technicalities, and their main concern should be to see whether the accused had a fair trial, whether ..... his nature of defence might have changed and he might have even given evidence to prove that he had not committed any offence under section 4 of the dowry prohibition act, 1961. when the burden of proving certain facts is placed on an accused, the accused cannot be, ordinarily, convicted without formally framing a charge against him in ..... framed against him under section 498a, ipc, the case is remanded to the learned trial court with direction to frame a charge under section 4 of the dowry prohibition act, 1961, against the accused-appellant and proceed with his trial in accordance with law. in the trial which may be so hold, the prosecution as well as the .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-21-2006
..... relative shall be deemed to have caused her death.explanation--for the purposes of this subsection, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend ..... note written by the deceased before she died.6. before proceeding further, we may refer to the provisions of section 304-b/ 498a ipc and section 113b of the evidence act, which are as follows:304-b. dowry death--(1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal ..... but was not sentenced to any imprisonment as he was found to be a minor, who comes under the purview of provisions of juvenile justice (care and protection of children) act, 2000.3. the case of the prosecution, in a nutshell, is that a written complaint was lodged by one santosh kumar banik before the officer in-charge, east agartala .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-09-2006
..... emphasised is that under the statute necessary correction/rectification may be required to be made after completion of each stage of the appeal proceedings as contemplated under the act. such a situation envisaged by the statute not only has the effect of keeping an assessment in a constant state of flux but also has its own ..... in question, the assessments under the assam act cannot be understood to have attained finality in law in order to justify the demand notices issued. the fundamental basis on which the assessment of the petitioner ..... before the income-tax appellate tribunal. on the said facts dr. saraf has contended that the central assessment; i.e., the assessment under the income-tax act not having been finalized as yet and the assessments made by the primary authority having been interfered with by the appellate authority in some of the assessment years .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-12-2006
..... 364 in his treatise on interpretation of statutes. the learned author observed:a strong line of distinction may be drawn between cases where the prescription of the act affect the performance of a duty and where they relate to a privilege or power. where powers, rights or immunities are granted with a direction that ..... on the facts and circumstances of the present case, the assessing authority was justified in invoking the provisions of sections 143(1)(a) and 143(1a) of the act ?5. dr. saraf, learned senior counsel appearing for the appellant, has submitted that the impugned order passed by the tribunal is contradictory. the appellant had filed ..... the commissioner of income-tax (appeals) and the appellate authority granted the relief to the petitioner by deleting the additional tax charged under section 143(1a) of the act and setting aside the disallowance of development allowance. the revenue, thereafter, preferred an appeal before the income-tax appellate tribunal in i. t. a. no. 217 .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-03-2006
..... western education and contract, had enlightened views and preached social reforms, including enactment of divorce laws.prevailing legal position:7. after independence, the hindu marriage act, 1955 was enacted introduced vital and dynamic changes in the hindu law of marriage and divorce. the clear provisions for divorce in certain circumstances have been ..... two years immediately preceding the presentation of the petitioner; or....9. since the marital relationship between the husband and wife should not be tinkered lightly, the act provides for reconciliation. sub-sections (2) and (3) of section 23 contemplate such reconciliation. section 23(2) requires that it shall be the duty ..... 6-2002 which was apparently before completion of two years immediately preceding the presentation of the petition as required under section 13(1)(ib) of the act, noticed already hereinabove, which provides that desertion of the petitioner (appellant) is to be for a continuous period of not less than 2 years .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-08-2006
..... to himself a status to surrogate the other authorities and supplant their roles under the act. the commissioner is not a substitute for the other statutorily prescribed fora with codified functions dischargeable in terms of the prescribed procedure in the ..... the disposition to pick out errors to sustain the eventual interference, this assumes great significance in the context of the statutory framework of the act outlining the jurisdictional contours of different authorities to adjudicate the issues as legislatively stipulated. the commissioner in exercise of his revisional powers cannot arrogate ..... , having remained unchallenged has become final and thus if the exercise of jurisdiction by the learned commissioner of income-tax under section 263 of the act lacked authority, all subsequent orders including the one impugned had been rendered invalid. without prejudice to the above, learned counsel, however, has urged that .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-20-2006
..... judge towards framing charge against the petitioner is unwarranted in law requiring interference of this court. mr. bhattacharya also referred to sections 25 and 30 of the evidence act to bring home his arguments,10. as against the aforesaid submission of the learned counsel for the petitioner, mr. d. k. das, learned standing counsel, cbi ..... has referred to the provisions of section 19 of the prevention of corruption act and submits that the learned special judge having exercise his sound discretion on the basis of the materials on record towards passing the impugned order, this court will ..... io and before magistrate during the course of investigation and who became an approver subsequently, breaks free from the shackle of sections 25 and 30 of the evidence act, once he accepted pardon, being granted by court (2) whether special judge, who tendered pardon to accused person during investigation needs to examine him as .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-26-2006
..... produces evidence to the satisfaction of the income-tax officer that he was prevented by sufficient cause from furnishing the return within time.14. section 273b of the act provides for waiver and penalty which reads as follows :273b. penalty not to be imposed in certain cases.--notwithstanding anything contained in the provisions of section 270, ..... to the delay and not to any other cause. further, if the delay was explained reasonably, and that could be accepted in respect of one provision of the act, the same explanations should hold good for proceedings under other sections as well. therefore, the order of the commissioner sustaining the levy of interest under section 139( ..... . cit (no. 1) : [1996]217itr93(patna) wherein it was observed (page 100) :imposition of penalty as contemplated under section 271(1)(a) of the act is not compensatory but punitive and the proceeding to impose penalty is quasi-criminal. it is well-settled that the liability to pay penalty does not arise merely on proof .....
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