Court : Guwahati
..... of their offence; nor is it intended to operate as a universal penacea, but it is intended to be real evidence of contriteness....43. in the 1971 act explanation to section 12 states:an apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.44. the apology ..... mr. abinash joshi.45. this now leads us to the question as to whether the respondents should be awarded with the punishment as prescribed under section 12 of the contempt of courts act, 1971 or should be exonerated upon acceptance of the apology tendered by them in their affidavits. the kind of apology tendered by the respondents have ..... of requisition till the date of release of the vehicle.11. having regard to the aforesaid position, it was observed in the judgment that the respondents did not act due diligence in the matter and in the process the petitioner was made to suffer. the writ petition was disposed of with the following directions:1) the requisition .....
Tag this Judgment!Court : Guwahati
..... to lead any evidence at all to the said effect?(ii) whether the sale made by the defendant no. 6 is bad for violation section 8 of the assam (temporarily settled areas) tenancy act, 1971 and the rules framed there under?5. however, the substantial question of law has been re-framed vide order dated 5-6-2008 ..... also initially for confirmation and possession and subsequently amended for recovery of khas possession, the suit is definitely governed under the provisions of article 65 of the limitation act and the period of 12 years limitation for bringing the suit runs from the date when the defendants' possession becomes adverse to the plaintiff. when a plea of ..... which the possession of the defendants had become adverse to the interest of the plaintiff, for deciding the question of the limitation under article 65 of the limitation act, which having not been done, the judgment and decree passed by the first appellate court is set aside. the matter is remitted to the learned first appellate .....
Tag this Judgment!Court : Guwahati
..... of decisions while interpreting section 8 of the evidence act, categorically stated that it is true that when the accused appellant had absconded just after occurrence, then the police has the reason for suspecting the complicity ..... of the accused in the offence and the said conduct is relevant under section 8 of the indian evidence act and might well be indicative to some extent of guilty mind, but this is not the only conclusion to which it must lead the court. ..... the conduct of the accused depends upon the facts and circumstances of each case. without putting any question to the accused by the court while examining them under section 313 cr. p.c regarding their absconsion, the said circumstances/facts cannot be used against them. mr. biswas also submits that the apex court in a catena .....
Tag this Judgment!Court : Guwahati
..... no. agtatpt/lv geeps)/10/2002 dated february 22, 2002. on the basis of the same nit further work orders were also issued in subsequent years.2. under the finance act, 1994, chapter v was inserted introducing the concept of 'service tax'. cab providers were also brought within the purview of service tax with effect from july 16, 1997. thereafter ..... service tax- (1) every stock-broker, the telegraph authority or the insurer who is providing taxable services to any person shall collect the service tax at the rate specified in section 66.(2) ....(3) any person, responsible for collecting the service tax, who fails to collect the tax in accordance with the provisions of sub ..... ) shall, notwithstanding such failure, be liable to pay the tax to the credit of the central government in accordance with the provisions of sub-section (2).7. it was the submission of shri bhowmik, learned senior counsel for the petitioner, that the petitioner being the assessee is the collecting agent of the service tax .....
Tag this Judgment!Court : Guwahati
..... court specifically referred to its earlier decision in manjuri bera v. the oriental insurance co. ltd. reported in : air2007sc1474 where the supreme court recorded that under section 168 of the act, the tribunal has a duty to make an award, determine the amount of compensation and also specify the person or persons to whom such compensation would be ..... child.13. by referring to the said two earlier decisions of the supreme court, the supreme court held in manjuri bera (supra) that the liability under section 140 of the act does not cease because there is absence of dependency. the right to file a claim application has to be considered in the background of right to entitlement. ..... that a legal representative who is not a dependent when he files an application for compensation; the quantum cannot be less than the liability referable to section 140 of the act. accordingly, it was declared by the supreme court that even if there is no loss of dependency the claimant if he or she is a legal .....
Tag this Judgment!Court : Guwahati
..... and every other officer so appointed, shall have, and may exercise, such powers and authority as may be provided by or under the act. section 8 provides that the superintendence of, and control over, the force shall vest in the central government, and the force shall be administered by the central government in ..... such pay, pension and other remuneration, as may be prescribed. section 4 of the act prescribes that the central government may appoint to the force commandant and such other persons it thinks fit to be assistant commandant and company officers. the commandant ..... the crpf. needles to say that the cadre review is an incident of service and such cadre review may be occasioned due to various reasons.35. section 3 of the act dealing with the constitution of the force lays down that the force shall be constituted in such manner, and the members of the force shall receive .....
Tag this Judgment!Court : Guwahati
..... above, had made the recommendation for revision of pay scales of the officers and the employees of the manipur legislative assembly secretariat and revised pay recommended for the post of section officer and the reporter grade-i of the manipur legislative assembly secretariat were rs. 6500-10500/- per month from rs. 1640-2900/- per month.9. the said recommendation of ..... all er p. 14-c-d.the matter cannot, of course, be settled merely by treating the ipsissima verba of willes, j. as though they were part of an act of parliament and applying the rules of interpretation appropriate thereto. this is not to detract from the great weight to be given to the language actually used by that most ..... , (1971) 2 all er 1267 observed: all er p. 127done must not, of course, construe even a reserved judgment of even russel, l.j. as if it were an act of parliament;and, in herrington v. british railways board lord morris (1972) 1 all er 749 hl(e) said: all er p. 761cthere is always peril in treating the words .....
Tag this Judgment!Court : Guwahati
..... receipt notice, which she admits, it was her duty to respond the proceeding before the tribunal and to the disclosure the burden of proof enjoined in section 9 of the foreigners act, 1946. in the tribunal, the prosecution duly established its case.189. in the writ petition, the petitioner has signed the vakalatnama and the affidavit ..... established their case and in absence of any rebuttal on the part of the petitioner and discharge of her burden of proof as envisaged under section 9 of the foreigners act, 1946, the tribunal passed the impugned judgment dated 9.8.2007 answering the reference in the affirmative declaring that the petitioner is a foreigner ..... petition by producing the originals and also to adduce evidence in respect of their claim of indian citizenship discharging the burned of proof as envisaged under section 9 of the foreigners act. simply by blaming the engaged advocates, they cannot escape their such liability. i have verified the records of the tribunal, which reveals that .....
Tag this Judgment!Court : Guwahati
..... an agreement executed between them, they are liable to pay the compensation as awarded by the learned tribunal as they became the owner within the meaning of section 2(30) of the act, the award passed by the learned tribunal is contrary to the said direction of this court, as no such opportunity was given to the appellant to adduce ..... order was passed, but only the records of mac (m) no. 36/91 was called for, wherein the order dated 04.08.92 awarding compensation under section 140 of the act was passed. this court thereafter vide judgment and order dated 05.01.99 disposed of the appeal by directing the learned tribunal to allow the appellant to adduce ..... was registered as t.s. no. 48 (mac)/91 before the motor accident claim tribunal, west tripura, agartala. the respondents/claimants also prayed for passing an order under section 140 of the act. during the pendency of the said claim application, dilip dey died and in his place, the present respondents no. 7(i) to 7(iii) were substituted.2. .....
Tag this Judgment!Court : Guwahati
..... the orders of acquittal in a case instituted upon a complaint. however, as noted earlier, the offences levelled against the accused persons are under section 184 of the cantonments act, 1924, which are non-cognizable and bailable. hence, no appeal can be filed against the orders of acquittal passed in such complaints as in ..... of maharastra reported in 2006 cri lj 601. at this initial stage of the judgment i make it clear that the complaints were filed under section 184 of the cantonments act, 1924 which provides punishment of imposing fine of rs. 5000/-. hence, the offences are non-cognizable and bailable one. the same offence has ..... m.f. qureshi and mr. r. chaudhury, learned advocates respectively.4. the complaints were filed by the cantonment board through its estate officer under section 184 of the cantonments act, 1924 alleging illegal constructions on the land belonging to the cantonment board without due permission. since the offences were triable under summons procedure, the learned .....
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