Court : Guwahati
..... thereafter annexure-1 charge sheet dated 21.12.1999 was issued bringing altogether 4 charges against the petitioner, which are quoted below:charge no. 1 : that while you were sectional officer of r. k. nagar sub-division under karimganj pwd road division, on scrutiny and enquiry of the bills at site, it is found that you have submitted 62 ..... thousand six hundred fifty five) only. you are, therefore, charged with misconduct and cheating the govt. for your own personal gain.charge no. 2 : that while you were sectional officer of r. k. nagar sub-division you have submitted 3 (three) nos. of bills amounting to rs. 1,30,540.00 (rupees one lakh thirty thousand five hundred ..... 188, dtd. 23.6.99 and dee (rknl)'s no. acc-2/359, dtd. 9.6.99 within the time mentioned. you are, therefore, charged with insubordination and acting with iii motives for your personal gain.3. after issuance of the charge sheet, the petitioner was reinstated in service upon revocation of the order of suspension. the order of .....
Tag this Judgment!Court : Guwahati
..... learned appellate court also found that this subsequent transfer of the gifted land by the appellant discloses his intention to be dubious one. it is further held that section 52 of the t.p. act imposes legal bar in the matter of transfer of the landed property during the pendency of any suit. on such count, the learned appellate court confirmed the .....
Tag this Judgment!Court : Guwahati
..... , 'the repl') to set up a gas cracker project, the government decided to acquire land for such project. notifications were accordingly issued under section 4(1) of the land acquisition act, 1894. in course of time, the government decided to acquire, amongst others, the land, which formed part of the said encroached land. ..... village borpathar kakati gaon, under mouza mancotta khanikar. pursuant to the notifications issued under section 4 of the said act, the petitioner filed his objections thereto. thereafter, the revenue authorities have made declaration under section 6 of the said act acquiring the land. due to fresh land acquisition proceedings, the petitioner had to amend ..... over the said land and upheld the petitioner's contention that the appellants were not tenants within the meaning of the assam (temporary settled areas) tenancy act, 1971. the order, dated 26.05.2000, aforementioned, passed by the assam board of revenue, remained unchallenged and the same has attained finality. with .....
Tag this Judgment!Court : Guwahati
..... building for running an educational institution in view of the stand of the authority that the permission was accorded only for commercial purpose.10. section 2 (7) of the act reads as follows:commerce'means the carrying of any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes ..... made by the learned counsel for the parties and the materials on record. the petitioner no. 2 was granted the no-objection certificate under section 25 of the act for construction of rcc building for commercial purpose. such permission was accorded by annexure-2 letter dated 14.2.2000. in the said letter ..... . chakraborty, learned state counsel for the respondent no. 1. while mr. mazumdar, learned sr. counsel for the petitioner upon a reference to section 2(7) of the guwahati metropolitan development authority act, 1985 submitted that 'commercial purpose' would also include educational institutions, mrs. m. hazarika, learned sr. counsel for the authority upon a reference .....
Tag this Judgment!Court : Guwahati
..... opportunity or being heard on a date or dates to be fixed for the purpose.(6) notwithstanding anything contained in the foregoing provisions, no order of confiscation under sub-section (4) of any tools, boats, motorised boats, vessels cattle, carts, rafts, machinery, vehicles, trucks, ropes, chains or any other implements, articles (other than ..... respondents rely upon. in suresh lohiya (supra), the supreme court had an occasion to determine whether 'wood', in the given definition of 'timber', in the indian forest act, 1927, would include fashioned bamboo', such as, betti and chetti.27. in the definition of 'timber', which had been considered by the apex court, in suresh lohiya ..... to have been committed and since such 'forest offence' was found to have been committed by making use of the vehicle, in question, the forest officer had acted within his power in confiscating the vehicle. the learned sessions judge, contends mr. uzir, erred, in the facts and circumstances of the case and the law .....
Tag this Judgment!Court : Guwahati
..... , including the two convicts-appellants herein, were responsible for the murder and on that basis, the trial court charged them under section 302 read with 34 ipc. section 27 of the arms act and section 120b ipc. to bring home the charges, prosecution examined 19 witnesses of whom 11 were eye witnesses.5. eye-witnesses at a ..... him, when tapan chakraborty got down from the boat, some miscreants from the group dragged him down and immediately, thereafter, there was sound of gunfire and bomb explosion. though initially, they were bewildered for a while, but, immediately, they proceeded towards the ferry ghat and did see the victim lying with bleeding injuries.31. ..... an accomplice, such conviction may not be proper if evidence of accomplice is not appreciated with due caution provided in illustration (b) of section 114 of that act, which is complementary to section 133. the said illustration provides:(b) the court may presume that an accomplish is unworthy of credit, unless he is corroborated in .....
Tag this Judgment!Court : Guwahati
..... mind that the word 'unlawful' can be construed differently to give it two different meanings. when an act is merely prohibited, but is not made punishable, it is not 'unlawful' within the meaning of section 23. in order to become ' unlawful', an act must not only be prohibited, but must also be punishable. a person is said to gain wrongfully ..... of property as well as being wrongfully kept out of any property. section 24 ipc, thus, shows that the intention to cause either 'wrongful gain' or 'wrongful loss' must be present in an act or omission in order to make such an act or omission a 'dishonest act'. what is, however, important to note is that in the case ..... a. ansari, j.1. when would a financier's act of re-possession of a vehicle, which is covered by a hire-purchase agreement, not amount to an offence of theft? this is the cardinal issue, which these two petitions have raised.2. both these criminal petitions, made under section 482 crpc, being inextricably connected with each other, have .....
Tag this Judgment!Court : Guwahati
..... custody of the mother even by the child's father, who may be natural guardian, would be an illegal and wrongful act.5. what is also important to bear in mind is that wrongful confinement has been defined in section 340 ipc thus: 'whoever wrongfully restraints any person in such a manner as to prevent that person from proceeding beyond certain ..... of the code of criminal procedure even if he had the statutory remedy available, under guardian and wards act, to seek appointment as guardian or custody of a child. the court cannot refuse to act in terms of the provisions of section 97 if a case of wrongful confinement of a child against one of the child's parents is, otherwise, ..... but she had also a clear right to an order for the custody of the child under section 491 of the code. the fact that she had a right under the guardians and wards act is no justification for denying her the right under section 491. that is well established as will appear from the cases hereinafter cited.it is further well .....
Tag this Judgment!Court : Guwahati
..... compensation for the injuries sustained by the respondent-claimant in a motor accident arising out of the use of a motor vehicle.2. an application under section 166 of the mv act 1988, in short the act, was filed by the respondent as claimant praying for awarding compensation for the injuries sustained by him in a motor accident occurred on 8.2.99 at .....
Tag this Judgment!Court : Guwahati
..... is disclosed; the police would have not authority to undertake an investigation....25. where the police transgresses its statutory power of investigation the high court under section 482 crpc or article 226/227 of the constitution and this court in an appropriate case can interdict the investigation to prevent abuse of process of the ..... might have been a case of impropriety bordering upon abuse or misuse of power of misconduct/wrong doing/bad faith on the part of the petitioner, but these acts of commission or omission may not necessarily constitute criminal offences. as a matter of fact, no specific allegations, any, any whisper of allegation, which can, at ..... directions of the high court of karnataka to the state government to get an fir registered with cbi under the provisions of the delhi special police establishment act for various cognizable offences without naming any person or group of persons as accused and upon such registration, to require the director general of cbi to direct .....
Tag this Judgment!