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Hiteswar Chetia Vs. State of Assam

Court : Guwahati

..... . pw 11, the investigation officer (i/o) found enough convincing materials against the appellant and on recording statements of various witnesses chargesheet was filed under section 302,1. p.c. against him.6. the learned committal magistrate transferred the matter to the learned sessions judge, sibsagar for trial as the case was ..... sentence, miss. choudhury, learned amicus curiae has forcefully argued that the entire evidence projected by the prosecution cannot be accepted for conviction of the appellant under section 302, i.p.c. as the same depicts contradiction, inconsistency and incredibility in its totality. her contention is that the so called extra judicial confession ..... reinforced by himself in his cross. under such circumstances the learned amicus curiae has submitted that the appellant was in no way involved in the criminal act of killing the deceased. she has also categorically mentioned about the medical evidence adduce by the pw 9, the doctor, who in his deposition stated .....

Pradip Kumar Deb Alias Uttam Deb and ors. Vs. State of Tripura

Court : Guwahati

..... each, in default to suffer further rigorous imprisonment for six months. while the 1st appellant-pradip kumar deb has been found guilty of committing rape, an offence punishable under section 376(1) of the indian penal code (for short ipc), the other four appellants, namely, sri dharamjit nath, kantu nath, banamali malakar and amar malakar have been ..... guilty of committing gang rape punishable under section 376(2)(g) of i.p.c. by this appeal they have assailed the judgment dated 16-2-2001 passed by learned additional sessions judge, north tripura, dharmanagar ..... in state of punjab v. ramdeb singh in : air2004sc1290 . the apex court observed in para 1 is quoted below:sexual violence apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a female. it is a serious blow to her supreme honour and offends her self-esteem .....

Jayram Rabidas Vs. State of Assam

Court : Guwahati

..... is also scope of drawing adverse presumption against the accused. hence, it is also necessary to look at the provisions of section 113-a of the evidence act, 1872, section 113-a of the evidence act is reproduced below:presumption as to abetment of suicide by. a married woman--when the question is whether the commission of suicide ..... senior counsel for the accused/appellant has submitted that to bring the home offence within the parameters of section 306 ipc, the prosecution has to establish that the accused had abetted the commitment of suicide with certain overt act. according to the learned senior counsel for the petitioner, in the present case the prosecution's evidence ..... must be either direct instigation or conspiracy or there should be some overt act or material omission on the part of the accused, which may compel a person to commit an illegal act. explanation-2 to section 107 also speaks about the omission of an act. however, in the case before me, the evidence is short of suggesting .....

State of Assam Vs. Anupam Das

Court : Guwahati

..... by the prosecution the fact remains that these confessions were made while the accused was in custody of the police, therefore, hit by section 26 of the evidence act. section 26 of the evidence act reads as follows:26. confession by accused while in custody of police not to be proved against him.-'no confession made by any ..... person making the confession to a punishment. this conclusion of ours gains further support from the very scheme of the provisions of sections 25 to 27 of the evidence act. section 25 of the evidence act makes a declaration in no uncertain terms that a confession made to a police officer shall not be proved against the accused. ..... for establishing his guilt.29. from the foregoing discussion we have no alternative but to reach an irresistible conclusion that the expression 'magistrate' occurring in section 26 of the evidence act can only mean a judicial magistrate but not an executive magistrate.30. in the light of the foregoing discussions and the conclusions, in our view .....

Debashis Chakraborty Vs. Smt. Mausumi Bhattacharjee

Court : Guwahati

..... discarded for want of corroboration.22. corroboration may also come from the oral testimony of the husband who is also competent witness for such purpose under section 120 of the evidence act. it would be seen from the written statement of the appellant husband that he spent several sleepless night which had forbidden him to cohabit with ..... of the petitioner alone can be accepted as sufficient to justify passing of a decree. quality not quantity would determine sufficiency of evidence as provided by section 134 of the evidence act. it is only to be seen in the present case whether the evidence of-the respondent wife inspires confidence. if, there is no collusion between ..... nullity) 55 of 2003 annulling the marriage by a decree of nullity. aggrieved, the husband is before us in appeal.3. in her petition under section 12(1)(a) of the act, she averred that her marriage with the appellant, a veterinary surgeon serving under the state govt. was solemnized on 7-2-2003 by performing all essential .....

Kali Mohan Sahaji and ors. Vs. State of Tripura and ors.

Court : Guwahati

..... unregistered deeds, the petitioners are in possession of the lands and the bar of 'transfer' without previous permission of the collector provided by section 187(1) of the tlr & lr act. would not be attracted in the present cases.5. the learned senior counsel appearing for the petitioners also contends that under the provisions of ..... 4, ruhini chakma, who claims to be the nephew of bhadagola chakma (transferor) filed an application for restoration of land under the provisions of section 187 of the tlr & lr act;(iii) the additional s.d.o., chailengtaby his order dated 17.5.1994 after considering the materials on record ordered restoration of possession of ..... 1997 held that the writ petitioner obtained possession of the land without obtaining permission of collector in contravention of, inter alia, the provisions of section 187 of the tlr & lr act and also without obtaining permission of collector under the provisions of the land allotment (bar on transfer of land within ten years of allotment) .....

Sterlite Optical Technologies Ltd. Vs. Oil India Limited and ors.

Court : Guwahati

..... local area from any place outside 'that local area including a place outside' the state for consumption, use or sale therein.11. from a combined reading of section 3 and section 2(b) of the act of 2001, what becomes abundantly clear, and is, in fact, not in dispute, is that entry tax is leviable only on the goods, which are specified ..... or takes delivery or is entitled to take delivery of such goods on such entry.10. 'entry of goods into a local area' is defined in section 2(b) of the act of 2001. section 2(b) reads:entry of goods into a local area' with all its grammatical variations and cognate expressions means entry of the goods as specified in ..... the context, in the process of enlarging, the definition may even become exhaustive. we do not think that by using the word 'includes', in the definition in section 2(a) of the act, parliament intended to so expand the meaning of prize chit as to take in every scheme involving subscribing and refunding of money. the word 'includes', the context .....

Oriental Insurance Co. Ltd. Vs. Himangshu Ch. Deb and anr.

Court : Guwahati

Reported in : 2009ACJ1359

..... ansari, j.) in national insurance co. ltd. v. kanai dasgupta w.p. (c) no. 440 of 2005, giving a deeper look to the provisions of section 4-a of the workmen's compensation act with the help of the decisions of the apex court in mafatlal industries ltd. v. union of india : 1997(89)elt247(sc) ; state v. navjot sandhu ..... is a comprehensive one and, therefore, the arguments advanced by mr. gautam, learned counsel for the appellant insurance company with reference to provisions under sections 146 and 142 of the motor vehicles act have no relevance in as much as the premium paid intended to cover every person travelling in the said vehicle including the assistant and other ..... cannot be said that the assistant was not covered by the said policy.mr. gautam has taken us through the provision of section 146 (1) of the motor vehicles act, which appears in chapter xi of that act under subject 'insurance of motor vehicles against third party risks'. it provides that no person shall use a motor vehicle in .....

Taiyab (Md.) and anr. Vs. Meghalaya Board of Wakf and ors.

Court : Guwahati

..... lineal descendants in legal parlance.27. the learned judge of the tribunal has also taken the assistance of the definition of 'lineal consanguinity' defined in section 25 of the indian succession act, 1925. under this law the phrase 'lineal consanguinity' has been defined as below:25. lineal consanguinity--(i) lineal consanguinity is that which subsists ..... of india. as noted earlier, in both the revision applications, the petitioners have also invoked article 227 of the constitution of india along with section 83 (9) of the wakf act, 1995. hence, i hold that high court's powers to examine the legality of the impugned order are not fettered with the limitations and ..... joint mutawallis in wakf trust created by late haji elahi baksh have filed these applications under article 227 of the constitution of india read with section 83(9) of the wakf act, 1995 challenging the judgment and order dated 19.7.2006 passed by the learned presiding officer, wakf tribunal, shillong. by this impugned order, .....

State of Tripura and ors. Vs. Jharna Rani Pal and anr.

Court : Guwahati

..... damages due to any accident resulting from generation, transmission, supply or use of energy. it has been submitted on behalf of the appellants that section 33 of the said act provides that the electrical inspector shall be the ' authority to inquire into any accident in connection with generation, transmission, supply or use of energy ..... claiming five lives on the fateful evening and the officials of the power department visited the place on the following day, no inquiry under section 33 of the indian electricity act and other enabling provisions was at all initiated. admittedly, the appellants had the knowledge of a criminal investigation initiated from the fir lodged ..... without employing any method of calculation. we appreciate and accept the submission of the learned state counsel that in view of the provision in section 2 of the fatal accidents act, 1855 the claimant parents are entitled to compensation for the loss of their son only. the said provision reads:2. [***] every such action .....