Court : Guwahati
..... sarkar. altogether 9 (nine) witnesses were examined by the prosecution. no defence evidence either oral or documentary was adduced by the defence side. the appellants were examined under section 313 of the code of criminal procedure. they pleaded their innocence. defence case is of total denial. at the conclusion of the trial, the learned trial court convicted both ..... tamang had taken the vehicle nearby a river and keeping appellant santosh sarkar and herself threat, appellant krishna bahadur tamang came back with the vehicle. thus, the acts on the part of both the appellants makes it palpably clear that both the appellant had with some pre-concerted intention to take the girl from the lawful guardianship ..... of kidnapping of the victim girl, the pw-1, submitted that there is nothing in the record to show otherwise that the appellants did not resort to such an act of kidnapping. while referring to the age of girl, he has also led me through the evidence of pw-4, pw-5 and pw-7, the doctors. .....
Tag this Judgment!Court : Guwahati
..... of their employees from their own resource generation. clause 9 thereof having a definitive bearing on the present adjudicatory process deserves to be extracted:9. a section of employees of some slpes who may be absorbed in the state govt. departments, will not be entitled to the vrs package. however, for ..... the non vrs optees of their absorption in government service, the respondents are estopped from pleading to the contrary, the petitioners having prejudicially altered their position acting on such representation. referring in particular, to the communications dated 30.07.2005 (annexure-t), notification dated 26.09.2006 (annexure-v) and the ..... assurance was extended for purchase of equipments, machinaries, fertilizers, pesticide, micro nutrients etc. under various schemes through aaidc apart from prompt liquidation of outstanding amounts. acting on the minutes of the said meeting, the writ petition was closed on 08.04.2003.11. as the stalemate lingered, resulting amongst others, in non .....
Tag this Judgment!Court : Guwahati
..... petition is defective and is not maintainable.8. the first point for consideration in this writ petition is whether the impugned circulars contravene section 12 of the act? section 12 of the act deals with the power of inspector general of police (now director general of police) to make rules and orders which are in ..... for the petitioners, vehemently submits that the power of the inspector general of police, meghalaya (now director general of police, meghalaya) under section 12 of the police act, 1861 ('the act' for short) to frame orders and rules concerning the organisation, classification and distribution of police force is not independent but is necessarily conditioned ..... assam police manual is merely a compilation of executive instructions, which cannot be enforced in a court of law, and, as such, contravention of section 12 of the act will not have the effect of vitiating the impugned circulars or the promotion made in accordance therewith. mr. s. chakravarty, the learned counsel for .....
Tag this Judgment!Court : Guwahati
..... details of the countries where it had worked or had been working for security registration plates with the security features required by the rules. section b specified four security features and also provided columns to mention the countries, particulars whereof were required to be furnished by the bidder. clause ..... pertaining to experience and business turnover in the manufacture and supply of hsrp as peremptory conditions of eligibility, which admittedly they meandered from solely acting on the representation of ineligible typed approval certificate holders. the deletion of the stipulations regarding experience and business turnover apparently is in the teeth ..... would be inferential and unfair.71. the adjudication in association of registration plates (supra) and the propositions recorded therein in the above backdrop thus act as the lodestar in resolving the present controversy. both the parties as noticed hereinabove, have relied thereon, to reinforce their own stands. the litigation .....
Tag this Judgment!Court : Guwahati
..... p.k. tiwari, learned counsel appearing for the appellant and mr. b. banerjee, learned pp representing the state of arunachal pradesh.2. the conviction of the appellants under section 302 ipc and sentence to undergo rigorous imprisonment for life with a fine of rs. 5000/- in default of which to undergo further rigorous imprisonment for 6 months rigorous ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.153. these vide golden principles, if we may say so, constitute the panchsheel of the proof of a case based ..... leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.152. a close analysis of this decision would show that the following conditions must be fulfilled before a case against an .....
Tag this Judgment!Court : Guwahati
..... at such a place and i killed my wife with it') the appellant was not in police custody when he pointed out the weapon. experience reveals that section 27 of the act has been very often, misused by the police, hence court must be vigilant about, its circumvention. in the absence of any information being furnished to the ..... placed to assail the contention that the disclosure made to the police following which the dead body and the lathi were recovered cannot be admissible as evidence under section 27 of the evidence act 1872. the argument advanced is that the essential ingredients of such evidence must be (1) the accused is in the custody of the police; (2) ..... the information must relate distinctly to the fact discovered. this section 27 is drafted on the same lines as section 150 of evidence act xxv of 1861, or the relevant section of indian evidence act viii of 1869. a five judge full bench of this court in queen empress v. babu lal (1884) 6 alld. 509, held that the information may be .....
Tag this Judgment!Court : Guwahati
..... the high court to dismiss the election petition which did not comply with the provisions of section 81, or section 82 or section 117 of the act. it was emphasized that section 83 did not find place in section 86. under section 87 of the act every election petition shall be tried by the high court as nearly as may be in ..... is untenable on facts.30. ground no. (iv): verification of copies:it is the submission of the learned counsel for the respondents that sub-section (2) of section 83 of the rop act mandates that all the annexures to the election petition must be attested and verified by the petitioner. however, in the present case, annexures to the ..... deposited while filing the election petition nor any challan, showing deposit of security money, was enclosed with the election petition thereby violating mandatory provisions of section 117 of the rop act;(ii) that, the petitioner has impleaded the returning officer as one the respondents and, as such, the election petition is also liable to be .....
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..... , the statement of the witnesses including the complainant pabitra das had been recorded and the necessary seizures had also been made wherefrom a prima facie case under section 420 ipc against the petitioner had been made out. the matter was placed before the administrative committee on the very same date. along with the said letter ..... and relevant justifying the discharge of a probationer, mere omission to mention the same in the order would not necessarily be fatal if taken note of and acted upon by the authority concerned. the sequence of events noticed hereinabove and the relevant facts available before the administrative committee proclaim that its resolution followed a well ..... confirmed under the said rules, the apex court reiterated its view in sukhbans singh, surpa, and concluded that even though a probationer may have continued to act in the post to which he was appointed on probation, he could not become a permanent servant merely because of efflux of time, unless the rules of .....
Tag this Judgment!Court : Guwahati
..... court is erroneous.28. it appears the legislature has used different words, e.g. petition and application for the appropriate purpose at different places in different sections of the act. somewhere the legislature have used 'upon application by petition'. a simple plain language and the word used in a statute has to be understood in the ..... authority and such an application is under the statute would amount to an appeal, karnataka theatres ltd. v. s. venkatesan air 1996 kant 18, 21 (companies act, 1956, section 111).application for execution of a decree.application for execution of a decree includes application by an auction-purchaser for delivery of possession, sahu deoki nandan v. ..... the hindu rites and rituals.(ii) every petition for divorce on either of the grounds mentioned in clauses (1) and (ii) of sub-section (1) of section 13 of the act shall be supported by certificate copy of the decree of judicial separation or for restitution of conjugal rights as the case may be.5. initiation .....
Tag this Judgment!Court : Guwahati
..... witnesses, namely lokesh miah and kanu miah and non-examination of abinash sarkar, for which also the accused-appellant is entitled to get the benefit of section 114 of the evidence act as the presumption regarding the case of prosecution goes against it.19. the statement of p.w. 4, abdul khaleque is also not believable on ..... of prosecution and for such non-production of those witnesses there should be a presumption against the prosecution and in favour of the accused-appellant under section 114 of the evidence act. mr. bhowmik also submits that the victim in her first information report did not say regarding presence of anybody near to the vicinity of the ..... of, its actual commission. it may consequently be defined as that which if not prevented would have resulted in the full consummation if the act attempted. the illustration given in section 511 clearly show the legislative intention to make a difference between the cases of a mere preparation and an attempt.11...but the case is certainly .....
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