Court : Guwahati
Decided on : May-18-2006
..... in national insurance co. ltd. v. mastan and anr. 2005 air scw 6305. the hon'ble supreme court held as follows:13. section 143 occurs in chapter x of the 1988 act. section 144 contains a non-obstinate clause stating that the provisions of the said chapter shall have effect notwithstanding anything contained in any other provisions of ..... vehicle with crpf personnel on way to rangjuli. on the way at bhalukjuli, while passing over a wooden bridge, the vehicle was blown off by a remote controlled explosive device by extremists. as a result, dara singh sutradhar along with two other persons died. the vehicle was insured with the appellant company. the death of the driver ..... the objection raised.6. at the time of admission of this appeal no substantial question of law was formulated as is required under the proviso to section 30 of the act. considering the pleadings, it has been decided to hear this appeal on the following question of law:whether the respondents-claimants who are the brother and .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-21-2006
..... area, prohibiting the assembly of five or more persons or the carrying of weapons or things capable of being used as weapons or fire-arms, ammunition and explosive substances.section 5 : powers to destroy arms, fortified positions, etc. - any magistrate or police officer not below the rank of sub-inspector or any officer of the ..... s movement of human rights air 1998 sc 431 (supra).16. for the sake of clarity, let me quote hereinbelow, section 6 of the said act, which reads as follows:section 6 : protection of persons acting under sections 4 and 5 - no suit, prosecution or other legal proceeding shall be instituted except with the previous sanction of the ..... substituted.(2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.(3) the state government may, by notification, direct that .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-06-2006
..... it is found that there is substance in the allegation, the victim should be suitably compensated by the state and the requisite sanction under section 6 of the central act should be granted for instruction of prosecution and/or a civil suit or other proceedings against the person/ persons responsible for such violation.22 ..... and steel glass etc. remained intact. the deceased, even according to the version of the army, while opening the door of the hut, got injured in the explosion and reduced into pieces of human flesh, but the ulfa literature, ammunition, medicines, tooth brush, tooth paste, aluminium vessels, steel glass etc. remained intact. concoction ..... lots of arms and ammunitions, medicines, letter pads, literature, tooth brush, tooth paste, aluminiunl vessels, steel glass etc. everything else got perished in the explosion except the seized articles which remained intact. the human flesh found in the hut was collected by the army and handed over to the police for postmortem examination .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-09-2006
..... habeas corpus directing the release of the detenue forthwith. the order of detention dated 1.6.2006 was made by the district magistrate, kamrup (metropolitan) under sub-section (2) of section 3 of the act. the order directed his detention in central jail, guwahati for a period of three months from the date of issue of the order. the detenue at the relevant ..... is further alleged that the detenue was arrested in connection with chhaygaon p.s. case no. 6/2006 was registered under section 120(b)/121/122/427 ipc read with section 3 of e.s. act and 10/13 ua(p) act on the ground that ulfa activist monoj rava revealed that ulfa group leader prabal dutta handed over a bomb to him 'to ..... cause an explosion and as per instruction he caused the explosion of the bomb on 24.1.2006 at 11.55 p.m at .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-03-2006
..... in law for striking down such rules. the principles developed in the field of administrative law, such as, non-application of mind, decision based on irrelevant grounds ; acting under dictation, etc., are not available to struck down any validly made rules in purported exercise of powers conferred under the proviso to article 309 of the constitution of ..... 226 of the constitution of india cannot compel any rule making authority to make rules in any particular manner. this court is undoubtedly conferred with jurisdiction to declare any act or rule, if challenged, void but only on the grounds stated (supra). but this court cannot make any further suggestion as to how the rule is required ..... assumed the role of rule-making authority, or, at any rate, assumed the role of an appellate authority. that is clearly not the function of the high court acting under article 226 of the constitution of india. (emphasis is of ours). 19. in the case on hand it was perfectly open to the court to consider .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-04-2006
..... called upon to decide whether the learned sessions judge has correctly decided that question.12. situated thus, it may be noticed that the proceeding under section 498-a before the learned judicial magistrate originated from a complaint lodged by the respondent-wife herein alleging that after her marriage, her husband, the petitioner ..... a finding is recorded with regard to the alleged second marriage with sachirani and therefore the order would not disentitle the respondent from getting maintenance under section 125. we have examined the impugned judgment of the learned sub divisional magistrate and we find that the magistrate has categorically recorded a finding that ..... the parties for recalling the order of maintenance. the learned sessions judge in the judgment impugned herein has correctly held that the learned sdjm has acted illegally by cancelling the order of maintenance only because a different finding was recorded by a different criminal court in a different proceeding, instead of .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-04-2006
..... earlier marriage was not dissolved and when his first wife was living is not entitled to claim maintenance under the said act. though this decision has no direct bearing on the law of maintenance under section 125 of the code, the settled principle in all the cases is same, that is to say, during the lifetime of the ..... been laid down by holding that marriage with a person having a spouse living is null and void under the hindu marriage act and, therefore, the second wife cannot be treated to be the wife within the meaning of section 125 of the code. the other decision referred to by the petitioner is of madras high court in jayalakshmi v. ..... krishnapadayachi reported in air 2003 madras 134. that case was in relation to hindu adoptions and maintenance act and it was held that women marrying man when his .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-06-2006
..... made by the writ petitioners to, first, determine the question as to whether there has been, in the present case, any contravention of the provisions of section 33 of the said act.15. considering, therefore, the matter in its entirety and in the interest of justice, the orders, dated 17.5.2005 and 21.2.2005, aforesaid ..... a misconduct not connected with the pending dispute, without obtaining prior express permission in writing of the appropriate authority as required by section 33(3)(b) of the act read with section 33(1)(b) of the act; or(iv) discharges or punishes a workman by dismissal or otherwise for a misconduct not connected with the pending dispute, without ..... of the management by its order, dated 17.5.2005, and framed the following two issues for determination:1. whether as alleged there is contravention of under section 33 of the relevant act ?2. whether the claims of the petitioners are bona fide and are they entitled to the relief they prayed ?5. thereafter, respondent nos. 3 and .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-13-2006
..... o. c. singjamei police station registered as f.i.r. case no. 21(1) 98 singjamei police station under sections 471/468/420/409/120-b, ipc and 131(1)(c)(d) pc act, 1988 13 ua (p) act. on the next day, they were produced before the additional chief judicial magistrate, imphal by the police personnel of ..... is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortuous acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible rights guaranteed ..... law procedures as also public law principles. it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action in .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-20-2006
..... are therefore, requested to show cause as to why prosecution proceedings should not be launched against the company and every officer of the company pursuant to section 58a of the companies act, 1956 are with rules 10 and 11 of the companies (acceptance of deposits) rules, 1975.19. in reply to the said notice, the ..... the petitioners.10. before appreciating the respective arguments made by the earned counsel for the parties, it will be appropriate to refer to the provision of section 58a of companies act, 1956 and rules 10 and 11 of companies (acceptance of deposits) rules, 1975. according to the petitioners the amount in question 'being not deposits' ..... company has not filed the return of deposit and hence the provisions of rule 10 of the companies (acceptance of deposits) rules 1975, read with section 58a of the companies act, 1956 have been contravened and thereby rendered themselves little for punishment under rule 11 of the companies (acceptance of deposits) rules, 1975.5. that .....
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