Court : Guwahati
Decided on : Dec-08-2006
..... circumstances. in this case,the charge is failure to anticipate the accident and prevention thereof. it has nothing to do with the culpability of the offence under sections 304-a and 338 ipc. under these circumstances, the high court was not right in staying the proceedings.30. the judgments relied on by the learned counsel ..... delinquent officer to punish him for his misconduct defined under the relevant statutory rules or law. that the strict standard of proof or applicability of the evidence act stands excluded is a settled legal positionunder these circumstances, what is required to be seen is whether the departmental enquiry would seriously prejudice the delinquent in ..... he further contends that the writ court has the power to inquire to the impugned conclusion of the enquiry authority as well as disciplinary authority, whether they acted on the basis of some evidence or materials or no evidence or no materials at all, to come to such conclusion that delinquent appellant is guilty for .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-11-2006
..... the first adopted child and of the admissibility of maintenance allowance to an adopted child. in this connection, it is instructive to note that section 3(20) of the general clauses act, 1897 defines a 'father', in the case of any one whose personal law permits adoption, to include an adoptive father. if that is ..... parents, who are in dire straits. these provisions are clearly intended to achieve a special and social purpose. the dominant purpose behind the benevolent provisions engrafted in section 125 clearly is that the wife, child and parents should not be left in a state of distress, destitution and starvation. having regard to this special ..... adopted child.2. the facts relevant for disposal of this revision petition may be briefly noticed at the very outset. the respondent herein filed an application under section 125, cr.p.c. before the court of subordinate district council court, shillong against the appellant claiming maintenance allowances for herself and their two adopted female .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-12-2006
..... administrative council. it is also to be noted that the term, 'employee' is quite different from the term office bearer. as per definition given in section 2(h) of the act, 'employee'' means a person not being an office bearer, employed by a registered society on a salary or similar form of remuneration other than advance ..... the registrar to interfere in the management of a registered society, on their own, on being satisfied about the existence of certain facts and circumstances, under section 35 of the act, the state government may, on the application of a registered society and on such conditions as may be determined, depute government officials to the service of ..... director. further, according to the government respondents, the petitioner is not eligible under the relevant bye-laws to hold the post of managing director, marcofed and section 35 of the act is not to be read with rule 22(8) of the bye-laws. moreover, according to the government respondents, there is no legal infirmity in the .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-14-2006
..... hold that there are no reasonable grounds for believing that he has not been guilty of such an offence. at that stage unless the magistrate is able to act under the proviso to section 437(1), cr. p.c. bail appear to be out of the question. the only limited inquiry may then relate to the materials for the suspicion. the ..... , a five judges bench of the apex court held:53.(2)(b) the 'indefeasible right' of the accused to be released on bail in accordance with section 20(4)(bb) of the tada act read with section 167(2) of the code of criminal procedure in default of completion of the investigation and filing of the challan within the time allowed, as held ..... on the merits.22. in other non-bailable cases the court will exercise its judicial discretion in favour of granting bail subject to sub-section (3) of see, 437, cr. p.c. if it deems necessary to act under it. unless exceptional circumstances are brought to the notice of the court which may defeat proper investigation and a fair trial, the .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-18-2006
..... of the proceeding under section 154 of the act, another proceeding under section 263 of the act was not permissible. the petitioner-company further submitted that deduction, on account of bonus, was only to the extent it was ..... the petitioner-company asserted that the conclusions reached by the audit party were incorrect. the petitioner-company accordingly requested for dropping of the proceeding initiated under section 263 of the act.(iv) however, the commissioner of income-tax passed an order on march 28, 2000, setting aside the order of assessment dated march 11, 1998 ..... 28, 2000, to the notice dated january 24, 2000, aforementioned. in its reply, the petitioner-company pointed out that a rectification proceeding, under section 154 of the act, was still pending before the joint commissioner of income-tax. the petitioner-company also pointed out, in its reply, that in view of the pendency .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-19-2006
..... ltd. v. state of assam [2007] 8 vst 314, holding that transfer of right to use equipment, plants/machinery are the lease within the meaning of section (2)(33) (4) of the agst act.22. the apex court again in the case of bharat sanchar nigam ltd. : [2006]282itr273(sc) has laid down the necessary criteria for determining a transaction ..... learned counsel are also similar and identical to the effect that there has been no transfer of use of goods, attracting definition of 'lease' under section 2(43) (iv) of the value added tax act and as such, ongc has no authority to deduct tax at source from the respective bills of the petitioners.12. the learned counsel for the petitioners ..... control over those vehicles, so as to utilise the vehicles in the manner they like and consequently it squarely attracts the provisions of section 7 of the assam general sales tax act and section 105 of the assam value added tax act, 2003, saddling the liability to pay tax to the state.10. so far as w. p. (c) no. 2416 of .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-19-2006
..... facts and circumstances having a bearing thereon.the fact that ext. 7, in the instant case, was a registered document, is significant by itself. section 60 of the registration act, deals with certificate of registration of a document presented there for. it enjoins that on the compliance of the necessary legally prescribed formalities, if ..... appellate court was required to adhere to the observations made by this court, while deciding the appeal afresh on remand.12. the debate having centered around section 90 of the act, it is time now to deal therewith. the above provision permits drawal of a presumption, if the document concerned is thirty years old. thereunder, ..... of the appeal, the following two substantial questions of law had been framed.i) whether the learned appellate court committed error in not applying section 90 of the evidence act regarding the execution of ext. 7.ii) whether the learned appellate court committed error in substantial questions of law by making a finding contrary .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-19-2006
..... though specific role in the offence may not be attributable to the two decused appellants, the accused-appellants cannot escape their liability for the offence of dacoity under section 396 i.p.c. committed at gajaria village. all the essential ingredients of offence of dacoity with murder are present in the instant case. it is clearly ..... doubt that the two appellants naresh and shib charan were apart of a group of more than five who committed dacoity. it is also established that they were acting conjointly. murder has been committed by one or more persons of this group leading to death of three persons. it is also clearly established that murders were ..... hide their identify, were making utterances towards the victims to make sure that they definitely and positively identify the attackers. this indicates that the accused persons were acting like dare devils and this would explain why they did not make any attempt to hide their identities from the victims. the utterances made in bengali by the .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-19-2006
..... even though specific role in the offence may not be attributable to the two accused-appellants, the accused-appellants cannot escape their liability for the offence of dacoity under section 396, i.p.c. committed at gajaria village. all the essential ingredients of offence of dacoity with murder are present in the instant case. it is clearly ..... that the two appellants-naresh and shib charan were a part of a group of more than five who committed dacoity. it is also established that they were acting conjointly. murder has been committed by one or more persons of this group leading to death of three persons. it is also clearly established that murders were ..... hide their identity, were making utterances towards the victims to make sure that they definitely and positively identify the attackers. this indicates that the accused persons were acting like dare devils and this would explain why they did not make any attempt to hide their identities from the victims. the utterances made in bengali by the .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-21-2006
..... and would defeat justice.11. accordingly, this court is of the opinion that the registrar while discharging his functions by acting on information given under section 7(2) of the act, is competent to act on informations irrespective of the territorial limits of his functioning, provided that the informations relate to a person who was a ..... can be described as a piece of beneficial legislation. keeping the aforesaid legislative intent in mind, it would now be appropriate to examine the provisions of section 7 of the act with regard to the power of the registrar.6. during the deliberations before the court, assistance has been provided by participation, of mr. b. ..... envisaged of the registrar.however, where informations about births and deaths are expected to come to the registrar from various sources visualized under sections 8, 9 and 10 of the act, the registrar has not been fastened with a territorial limit for entering such informations in the register maintained by him. if the legislature .....
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