Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: guwahati Year: 2006 Page 3 of about 102 results (0.094 seconds)

Nidhan Biswas and ors. Vs. State of Tripura

Court : Guwahati

..... such suicide had been abetted by her husband or by such relative of her husband. 19. the supreme court has observed that by introduction of section 113-a in the evidence act, section 206, ipc has acquired wider dimensions and has become a serious marriage related offence. under certain conditions, the court may presume that the suicide ..... 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 and humiliation ..... whether in the absence of date and time of making the statement by the deceased to these witnesses, a test of proximity under section 32 of the indian evidence act has been fulfilled. section 32 is an exception to the rule of hearsay and makes admissible statement of a person who dies, whether the death is .....

Arati Chakraborty and ors. Vs. Nephurai Jamatia and anr.

Court : Guwahati

..... the time of the death of the deceased. the deceased was admittedly 60 years old at the time of his death.7. in a claim petition under section 166 of the act, the tribunal is expected to and must, determine a just amount of compensation awardable to the victim of an accident in accordance with the well-established principles ..... these have no correlation with the amount receivable under a statute occasioned only on account of accidental death. such an amount cannot come within the periphery of the motor vehicles act to be termed as 'pecuniary advantage' liable for deduction.(emphasis mine)9. thus, there is no scope for deducting the family pension received by appellants. the tribunal ..... t. vaiphei, j.1. in this appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to 'the act'), the appellants seek enhancement of the amount of compensation awarded by the learned member, motor accidents claims tribunal, court no. 3, west tripura, agartala (hereinafter referred to 'the .....

Assam Roller Flour Mills Association and anr. Vs. State of Assam and a ...

Court : Guwahati

..... constitution which are relevant to the subject-matter of the law.11. according to the respondents/state, the state legislature without any ambiguity has conferred power under section 7(8) of 'the act 1993' empowering the executive to levy tax on sale value (express or implied) of containers used in selling such exempted goods.12. in jamana flour & oil ..... of imposition of tax and there is no room for any intendment.10. the amendment as indicated above was brought in from june 1, 1999 by inserting section 7(8) by assam act 15 of 1999 and accordingly assam general sales tax (amendment) rules, 1999 was given effect to with effect from january 19, 2000. according to mr. ..... and includes(i) any transfer otherwise than in pursuance of a contract of property in any goods for cash, deferred payment or other valuable consideration ;(iii) section 2(33) of 'the act 1993' provides that for a transaction to be a sale there must be a transfer of property in goods by any person for cash, deferred payment or .....

Special Secretary to Nagaland, Home Department and anr. Vs. Berila

Court : Guwahati

..... damages for pecuniary loss, which the claimant suffers due to death of the victim in an accident. this is evident from a bare reading of section 165 of the motor vehicles act, 1988, which clearly demonstrates that the tribunal is constituted for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death ..... of the amendments, which have been so introduced, since after 14th november, 1994, no period of limitations exists for making the claim applications for compensation under section 166 of the m.v, act, 1988, the question, therefore, is this: in respect of an accident, which took place prior to 14th november, 1994 and in respect whereof, no ..... the vehicle by its driver and hence, in such a case, the learned tribunal ought to have held that no case of granting of compensation under section 166 of the m.v. act, 1988, had been made out by the claimants.7. at any rate, submits mr. sarma, the learned senior counsel, the amounts of compensation awarded .....

Special Secy., Govt. of Nagaland and anr. Vs. Ladsie and ors.

Court : Guwahati

..... for pecuniary loss, which the claimant suffers due to death of the victim in an 'accident'. this is evident from a bare reading of section 165 of the motor vehicles act, 1988, which clearly demonstrates that the tribunal is constituted for the purpose of adjudicating upon claims for compensation in respect of accidents involving the ..... the amendments, which have been so introduced, since after 14.11.1994, no period of limitations exists for making of claim applications for compensation under section 166 of the m.v. act, 1988. the question, therefore, is this: in respect of an accident, which took place prior to 14.11.1994 and in respect whereof, ..... already indicated hereinabove, when the appellants had challenged the orders passed by the learned tribunal directing payment of no fault liability amounts in terms of section 140 of the m.v. act, 1988. this court, while dismissingthe revision, observed to the effect thatthough the accident had occurred prior to the deletion of the period of .....

North Eastern Electric Power Corporation Ltd. Vs. S. Marbaniang

Court : Guwahati

..... and criminal cases and to exercise the power of the deputy commissioner, the said court has the power and jurisdiction to entertain the application under section 34 of the act being the principal civil court of original jurisdiction. the learned senior counsel further submits that there is no dispute about the fact that the ..... that court on the ground that since the arbitrators were appointed by the high court, such court only has the jurisdiction to entertain the application under section 34 of the act, which application, however, was rejected. the respondent/contractor, thereafter, on 12.9.2004, filed another application in the court of the learned additional deputy ..... appellant herein, being aggrieved by an interim award of rs. 296,458778 lakh passed by the arbitral tribunal under section 31(6) of the arbitration and conciliation act, 1996 ('the act') filed an application under section 34 of the act on 4.4.2004, which was registered as arbitration case no. 1(t) of 2004, in the court of .....

Sultana Safiana TohsIn and ors. Vs. Manoj Jajodia and ors.

Court : Guwahati

..... before the learned trial court under order 14, rule 2, sub-rule (2)(b), cpc, read with order 7, rule 11 (b), cpc and section 25 of the contract act read with section 151, cpc. in the aforesaid application a prayer has been made to frame a preliminary issue as follows :whether the instant suit is not maintainable in view ..... of provision of section 25 of the contract act, as there is no passing of consideration in respect of the alleged oral agreement, as admitted by the plaintiff. in the said application, it is asserted ..... stated in the petition issues are barred under order 7, rule n ll(d), cpc, which appears from the statement of the plaint to be barred under section 25 of the contract act. an objection to the aforesaid petition was also filed by the plaintiff-respondents on 17.12.2005. in the said objection, it is specifically denied that .....

Aparajita Nath Vs. State of Assam

Court : Guwahati

..... in that respect. but it is submitted that even if the above fact is taken as true it does not construe an offence of cheating as defined under section 416 ipc. section 416 ipc reads as follows:416. cheating by personation. - a person is said to 'cheat by personation' if he cheats by pretending to be some other ..... concealment of facts but mere deception is not cheating unless the person so deceived is induced to do certain acts as stated under the section. in the case of bashirbhai mohamedbhai v. state of bombay : 1960crilj1383 wherein the apex court observed that making of the false representation is one of the ..... the ingredients for the offence of cheating under section 420.7. a conjoint reading of sections 415 and 416 ipc show that cheating is an essential ingredient of the offence and as such the act of cheating in addition to impersonation is a must to constitute an offence under section 419 ipc. section 415 ipc no doubt speaks about dishonest .....

Bus Parichalana Samity Vs. State of Assam and ors.

Court : Guwahati

..... the buses, trucks, tractors, taxis, mini buses, mini trucks, tempo, auto-rickshaws, etc., the parking fees being different for different kinds of vehicles. section 148 of the assam municipal act, 1956, as the same stands amended since the year 1994, empowers the respondent-municipal board to collect parking fees from trucks, taxis, auto-rickshaws, etc ..... letter, dated 13.11.1987, issued by the department of municipal administration, govt. of assam, conveying the state government's approval under section 68(1)(m)/(n) of the municipal act, 1956, authorizing the respondent-board to impose parking fees on the buses parked in barpeta municipal board bus stand. this letter has been ..... sanction granted, in this regard, by the state government in terms of clause (n) of sub-section (1) of section 68 of the said act, section 68 is reproduced hereinbelow:68. taxes. - (1) subject to the provisions of this act and the rules made hereunder, the board may, from time to time, at a meeting convened expressly .....

Pranab Kumar Das Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2006)(3)SLJ124CAT

..... has also observed as under: 6. the respondent after receipt of notice appeared and he submitted both written statement in respect of earlier petition under section 10(i) of the act of the petitioner as well as written statement against the subsequent prayer to rescind the decree for judicial separation. vide this objection the respondent has ..... government of india order with respect to constitution for single bench to dispose of specified cases issued in exercise of powers conferred under sub-section 6 of section 5 of the administrative tribunals act specifies that allotment of and eviction from government accommodation matters shall be posted before the single bench. apart from that as per rule 154 ..... and wife are permitted only to stay separately. the marriage between the two continues to subsist until and unless a decree of divorce is passed under section 13 of the said act. in this case, the husband and wife appears to be hindu and they are still husband and wife in the eye of law. the .....