Court : Guwahati
Reported in : AIR2010Ass66,AIR2010Gau66
..... petitioner is an appeal not a writ or revision which has been admittedly filed by the petitioner under article 227 of the constitution. he also referred to sub-section (2) of section 2 of the code to show what means a decree. according to him, adjudication is nothing but a judicial pronouncement/a decision upon a claim/petition etc. ..... is the power of superintendence conferred on the high court under article 227 of the constitution taken away or whittled down. the power exists, untrammelled by the amendment in section 115, cpc, and is available to be exercised subject to rales of self-discipline and practice which are well settled.14. he also referred to the case of ..... navjot sandhu : (2003) 6 scc 641, scc pp. 656-57, para 28, this court held:(i) the jurisdiction under article 227 cannot be limited or fettered by any act of the state legislature;(ii) the supervisory jurisdiction is wide and can be used to meet the ends of justice, also to interfere even with an interlocutory order,(iii) the .....
Tag this Judgment!Court : Guwahati
Reported in : 2010CriLJ1834
..... have been honourably acquitted by the learned trial court from the charges levelled against them, the court has to be loath from exercising its discretionary power under section 5 of the limitation act as vested in it.7. mr. bhattacharjee also submitted that the state-appellant explained the delay of 150 days and prays for condoning the same but ..... as the case of p. k. ramachandra v. state of kerala : air 1998 sc 2276 held that the term 'sufficient cause' is not defined under section 2 of the limitation act but by the same it means so far has been construed as beyond control of the party seeking indulgence for extension of the period of limitation. but from ..... a bare perusal of section 5 of the limitation act and its preamble, it manifests that limitation act is an exhaustive code governing the law of limitation in respect of matters specially dealt with it. this is why the law .....
Tag this Judgment!Court : Guwahati
Reported in : AIR2010Ass75,AIR2010Gau75
..... to do. on the other hand, the respondent could prove that because of the matrimonial wrong committed by the appellant, they are living separately. moreover, section 13 of the 1955 act does not provide for dissolution of marriage on the ground that it broke down irretrievably.29. the decision of the apex court in naveen kohli (supra), ..... petitioner, except in cases where the relief is sought by him on the grounds stated in sub-clauses (a)(b)(c) of clause (ii) of section 5 of the 1955 act, is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, the court shall decree such relief ..... is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act. mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party.13 .....
Tag this Judgment!Court : Guwahati
Reported in : 2010CriLJ1594
..... supreme court has held that admission of guilt by an accused person is admissible evidence within the purview of section 21 of the evidence act and the said authority has been relied upon by this high court in the case of state of arunachal pradesh v. t. nogamdir reported in 2009 (4) ..... kerosene oil fell on her body in the midst of, scuffle is somewhat an admission of the accused and the same can be considered as corroborative evidence under section 21 of the evidence act, 1872.20. in the case of central bureau of investigation v. v.c. sukla and ors. : air 1998 sc 1406 : 1998 cri lj 1905, the hon'ble ..... protect them from any kind of discrimination, more particularly gender based discrimination, the indian penal code is being amended time to time. similarly, introduction of section 498a in the indian penal code vide amendment act no. 46 of 1983 can be said to be the beginning of a new era to protect weak and docile married women, who were subjected to .....
Tag this Judgment!Court : Guwahati
Reported in : [2010]153CompCas579(Gauhati)
..... under (page 213 of 117 comp cas):22. the dispute between the parties was eminently a civil dispute and not a dispute under the provisions of the companies act. section 9 of the code of civil procedure confers jurisdiction upon the civil courts to determine all dispute of civil nature unless the same is barred under a statute either ..... provisions. the view of the madras high court as expressed in t.a.k. mohideen pichai taraganar (supra), has, however, not been agreed to in its later decision in avanthi explosives p. ltd. v. principal subordinate judge, tirupathi reported in : [1987] 62 comp cas 301 (ap). thus, the law, laid down in manilal brijlal (supra), is still adhered ..... of the provisions of clause 7(1).196. in the facts of the present case, one is also required to bear in mind the provisions of section 34 of the specific relief act, 1963. section 34 reads:34. discretion of court as to declaration of status or right.- any person entitled to any legal character; or to any right as .....
Tag this Judgment!Court : Guwahati
Reported in : (2009)25VST37(Gauhati)
..... is bad in law the remedy lies either in challenging the order before the tribunal as aforesaid or by taking recourse to rectification proceeding as envisaged by section 12 of the tst act.17. in the light of the law discussed above, when one reverts to the case at hand, it becomes clear that even if the conclusion ..... revisional authority decided on may 27, 2002, was that since the delivery of the consignments had taken place prior to august 22, 2000, the provisions of section 32a of the tst act was not applicable to such consignments of taxable goods delivered by the petitioner. notwithstanding the findings of the revisional authority, so reached, as indicated hereinbefore, the ..... order or raise any notice of demand directing the petitioner to pay such sum(s), which have been imposed on the petitioner by taking recourse to section 32(1a) of the tst act. in other words, the question is as to whether a superintendent of tax is empowered to issue a notice of demand for payment of a sum .....
Tag this Judgment!Court : Guwahati
Reported in : (2009)26VST233(Gauhati)
..... accounts, to the commissioner, if required by the commissioner, in respect of transaction of any dealer with them. by virtue of sub-section (2) of section 56 of the said act, penalty was provided if there was a failure, on the part of the c&f; agent, to furnish such information as the ..... order dated october 22, 1998, further reflect that according to the superintendent of taxes, the petitioner's representative was informed about the provisions of section 32 of the tst act, relating to composition of offences committed under the penal provisions aforementioned, and, on being so informed, the petitioner's representative, as a 'transporter ..... order dated october 23, 1998, further reflect that according to the superintendent of taxes, the petitioner's representative was informed about the provisions of section 32 of the tst act, relating to composition of offences committed under the penal provisions aforementioned, and, on being so informed, the petitioner's representative, as a 'transporter .....
Tag this Judgment!Court : Guwahati
Reported in : (2009)25VST140(Gauhati)
..... of the relevant provisions, there must be manifest contradiction or ambiguity or defect or omission. judging the provisions of the mechanism section, i.e., section 106 and the charging section, namely, section 5 of the act on the touchstone of the aforesaid legal principles, we are of the considered opinion that there is apparent contradiction between these ..... the intention of the legislature to enact the impugned provision, which is not in conformity with, or is at variance with the charging section, namely, section 5 of the act. there is no apparent reason why the legislature makes a distinction between the components of sales tax in respect of normal sales and deemed ..... the seventh schedule to the constitution, which is virtually unfettered.15. to summarize the foregoing discussion, a combined reading of section 106(2) and the charging section, namely, section 5(2) of the act leaves no room for doubt that the person responsible for paying any sum to a contractor for carrying out any works .....
Tag this Judgment!Court : Guwahati
Reported in : [2009]151CompCas583(Gauhati)
..... apex court observed as follows (page 156 of 63 comp cas):6. it is clear from these provisions that the word 'whoever7 in sub-section (1) of section 23 of the act before its amendment was comprehensive enough to include and association of persons, such as a firm, and did not connote a natural person alone. there ..... fraud.69. in mousell brothers ltd. v. london and north-western railway co. reported in [1917] 2 kb 836, a question arose on section 99 of the railway clauses consolidation act, 1845. section 98 provided: 'every person, being the owner or having the care of any carriage or goods passing or being upon the railway, shall, on ..... already mentioned above, that in velliappa textiles ltd. (supra), the company and its managing director were prosecuted for offences allegedly committed under sections 276c and 277 of the income-tax act read with section 278 thereof. sections 276c, 277 and 278 read:276c. (1) if a person wilfully attempts in any manner whatsoever to evade any tax, penalty .....
Tag this Judgment!Court : Guwahati
Reported in : 2009CriLJ4338
..... however, the judgment passed in one proceeding may be relevant in the other proceeding provided the same are relevant within the meaning of sections 40, 41, 42 and 43 of the indian evidence act. it is not that as soon as a decree for damages is passed by the civil court for making, printing and publishing the ..... . the present petitioners have also contested the said civil proceeding by filing written statements. in the said criminal proceedings the present petitioners, thereafter, filed applications under section 309 of the criminal procedure code praying for stay further proceeding in the said criminal cases till disposal of the money suits, contending inter alia that the decision that may ..... defamatory statement, the person against whom such decree is passed would be convicted for the offence punishable under section 500/501 of the i. p. c .....
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