Court : Guwahati
Decided on : Dec-19-2007
..... human rights v. union of india reported in : air1998sc465 .18. in view of above, we hold that the army authorities have failed to act in accordance with the do's and don'ts laid down in naga people's movement of human rights (supra). the army authorities are therefore liable to compensate the ..... the view that the army authorities can't escape their liability since they operate in aid of the civil authorities under the provisions of the armed forces (special powers) act, 1958, which places definite limits on the functioning of the army authorities, as has been declared by the supreme court in the case of naga people's movement of ..... record to show that the detenu was actually released from the army custody.14. the army authorities while exercising powers under the provisions of the armed forces (special powers) act, 1958 are required to hand over the detained persons to the custody of police. but in this case, if the army version is to be accepted, the detenu was .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-31-2007
..... such action shall be brought within twelve calendar months after the death of such deceased person' were repealed by the indian limitation act, 1871 (9 (ix) of 1871). the fact that it was under the indian limitation act, 1871, that the words, contained in section 2, which read, 'and that every such action shall be brought within twelve calendar ..... months after the death of such deceased person' have been repealed give clear indication of the fact that the indian limitation act, 1871, did apply to the act of 1855. thus, when the act of 1855 was initially introduced, no suit or action could have been brought after twelve calender months of the date of the death ..... of the deceased person. in the face of the fact that the limitation act, 1871, was applicable to the provisions contained in the act of 1855, there can be no escape from the conclusion that when the limitation act, 1963, now, prescribes a period of limitation of two years from the date of the death .....
Tag this Judgment!Court : Guwahati
Decided on : May-24-2007
..... qualifications (other than post--graduate medical qualifications) by universities or medical institutions in india.15. the scope and authority under section 19a of the medical council of india act the amplitude insofar as it pertains to medical education vis-a-vis the legislative competence of the state legislature under entry 25 of the list iii (concurrent list) was ..... iii.entry 11 of list ii was deleted and entry 25 of list iii was amended with effect from 3.1.1976 as a result of the constitution 42nd amendment act of 1976. the present entry 25 in the concurrent list is as follows:25. education, including technical education, medical education and universities, subject to the provisions of ..... of the parliament under entry 66 of list i'. (para 36 of preeti srivastava's case)16. in exercise of the power under section 19 a of the act, the medical council of india made certain regulations in the year 1997 which were published in part iii, section 4 of the gazette of india and the relevant .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-08-2007
..... said para 18 of the aforesaid judgment is reproduced hereunder:18. the concept of 'dowry' is intermittently linked with a marriage and the provisions of the dowry act apply in relation to marriages. if the legality of the marriage itself is an issue further legalistic problems do arise. if the validity of the marriage itself ..... demand for dowry' shortly before her death.15. the hon'ble supreme court also considered the meaning of dowry as defined under section 2 of the dowry prohibition act, 1961 in the case of appasaheb v. state of maharashtra reported in : air2007sc763 wherein their lordships held that giving or taking of property or valuable security ..... normally understood. the evidence adduced by the prosecution does not, therefore, show that any demand for 'dowry' as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. since an essential ingredient of section .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-12-2007
..... it within the purview of the 'death occurring otherwise than in normal circumstances.' the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... course, as a matter of prudence, may be looked for, but the court can base a conviction without corroboration, if in its opinion it is reasonably safe to act upon such testimony without corroboration. relationship again has to be understood in a relative sense, for, it is common experience that litigations and murders take place even between ..... . sofiuddin sheikh and ors. reported in 1981 crl. l.j. noc 4 (gau.), a division bench of this court dealing with section 3 of the evidence act referring to the relationship of the witnesses held as follows:relationship of the witnesses by itself, is no ground for rejecting their testimony if it is otherwise consistent, .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-05-2007
..... dated 28-7-2003 is contrary to law, it ought to have released the pensionary benefits to the petitioner. drawing my attention to section 4 of the pension act, 1871, the learned counsel contends that the suit upon which the compromise decree in question was recorded was instituted in contravention of this provision since the requisite certificate was ..... , in any view of the matter, the compromise decree in question is unlawful and is null and void under sections 4 and 12 of the pensions act, 1871. consequently, the petitioner is not estopped from questioning the legality of the compromise decree in this proceeding and from claiming the family pension, etc. of her ..... is impermissible and is, therefore, void.12. at this stage, i may also incidentally take note that the provisions of pensions act, 1871 are applicable to the personnel of the armed forces. section 4 of the act takes away the jurisdiction of a civil court to entertain any suit relating to a pension unless the claim has been made .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-12-2007
..... the evidence on record and thus arrived at erroneous findings that it was the appellant who did cause death to his wife. learned trial court also put reliance and acted upon on the evidence of p.w. 3 anowar hussain, p.w. 5 musstt. aimona khatun in particular while arriving at the conclusion that the appellant committed the ..... submitted that no attempt was made either by pw 3 or pw 5 who posed themselves to have witnessed the occurrence to resist the appellant from resorting to such acts nor there is evidence on record to show that either of them received any burn injuries while trying to save the deceased anjuwara khatun from clutch of the ..... 3 cannot receive any acclamation from the court and inspire confidence in the mind of the court. that he was the witness of the occurrence and had seen the acts that resorted by the appellant on the alleged date of occurrence is beyond the scope acceptance. learned counsel for the appellant, therefore, taking these inconsistencies in the evidence of .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-29-2007
..... body of the undertrial prisoner and;4. to constitute state human rights commission and human rights court as required under sections 21 arrd 30 of the protection of human rights act, 1993.2. mr. s.p. mahanta, the learned counsel for the petitioner and mr. a. sharma, the learned advocate general of meghalaya have been heard at length.3. though the ..... out a prima facie case of custodial violence which resulted in the death of the deceased, the provision of section 106 of the indian evidence act can be readily invoked. under section 106 of the evidence act, it is provided that when any fact especially within the knowledge of any person, the burden of proving that fact is upon him. this section .....
Tag this Judgment!Court : Guwahati
Decided on : May-10-2007
..... can control the decision of a judicial or a quasi-judicial authority. that is the essence of our judicial system. there is no provision in the act empowering the board to issue directions to the assessing authorities or the appellate authorities in the matter of deciding disputes between the persons who are called ..... a given case. though not specifically expressed, communication of the reasons to the concerned person as to why security is being insisted upon will ensure fairness ; act as a check against arbitrariness ; promote good administration and also further the constitutional scheme envisaged by part xiii of the constitution. the following observations of lord ..... of 2007, by judgment and order, dated march 1, 20071 the court, while succinctly laying down the parameters of the powers of the authorities concerned under the said act. the court, in salemfort khonglah [2007] 7 vst 38 (gauhati), while dealing with the mutual obligations of the authorities concerned, on the one hand, and .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-10-2007
..... use various goods including the goods, which stand declared as goods of special importance in inter-state trade or commerce under section 14 of the central sales tax act, 1956, and known as declared goods. when the superintendent of taxes informed the petitioners that all goods including declared goods, used in execution of works contract, ..... being the contract for payment of the works done. the court, therefore, concluded that the definition of 'sale', as contained in the madras general sales tax act, 1939, which included, within the definition of the term 'sale', a transfer of property in goods involved in the execution of a works contract, was beyond ..... declared to be of special importance in inter-state trade or commerce except in accordance with the restrictions and the conditions contained in section 15 of the central sales tax act, 1956, the apex court, following its decision in builders association : [1989]2scr320 , observed and held, in gannon dunkerley and co. : (1993)1scc364 , as .....
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