Court : Guwahati
Decided on : Dec-22-2003
..... would be apt and necessary to refer the definition of the words - 'consumer', 'consumer dispute', 'deficiency' and 'service' as defined under sub-sections (d), (e), (g) and co) of section 2(1) of the act respectively. those definitions read as under : '(d) 'consumer' means any person who : (i) buys any goods for a consideration which has been ..... , stating that the complaint did not disclose any consumer dispute or deficiency in service within the meaning of sub-section (e), (g) and (o) of section 2(1) of the consumer protection act, 1986 (for short ,'the act') and as such continuation of the consumer case against him directly amounts to abuse of the process of the ..... judicial authorities there is no second opinion that advocates are also included under the provision of the act. the expression 'avails of any service for a consideration' itself occurred in clause (ii) of section 2(1)(d) of the act is very clear and vide. that apart, service of any description will come within the purview .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-22-2003
..... post and has not completed 6 (six) months service therein.5. mrs. bhattacharyya has also referred to the provision of the industrial disputes act 1947 more particularly the definition as contained in section 2(oo) and the provision of section 25f. her further submission is that the power of the labour court is wide enough so as to pass an effective award. in .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-16-2003
..... the background of financial difficulties faced by the state government, banning creation or up-gradation of posts. apart from this, the order was made applicable to all public section undertakings, autonomous bodies and banks that are financially assisted by the government in the form of grant-in-aid, share capital contribution, etc.8. the state of ..... from time to time by taking measures of imposing ban on appointment, restricting promotions and down sizing cadre strength and direction to local bodies and autonomous bodies to act as per the directions of the state government, etc. the decision so taken by the government, in our considered view, cannot be termed as violative of the ..... such applicants have obtained orders in their favour for appointment under the die-in-harness scheme.19. suffice to say, the state government is at liberty to act on the policy decision taken by the government on 29th october, 2002 and it is not for this court to adjudicate on this policy decision in the present .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-11-2003
..... e., w.p.(c) no. 133/03, also (mact case no. 44/03). this is definitely a perverse findings vis-a-vis provisions of section 142 of the act. section 140 of the act has never contemplated such hasty and unconscionable action.14. at the risk of repetition the payment of rs. 25,000 as compensation on no fault count ..... court in this regard do not give any exhaustive but only limited statutory right to the insurer either to file an appeal as contemplated by section 173 of the act without complying section 170 of the act or to file a writ petition under article 226/227 of the constitution, in alternative, against 'award' of the claims tribunal, the ..... as well as dependants (legal representatives) of the person who died should be given immediate financial relief and what is 'permanent disablement' has been defined in section 142 of the act which goes as follows:'142. permanent disablement. - for the purpose of this chapter, permanent disablement of a person shall be deemed to have resulted from an .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-08-2003
..... that said officer is not subordinate in rank. that there was no violation of articles 13, 14 and 21 as alleged by the petitioner and section 7 of the indian police act is not inconsistent to the fundamental rights. that there was a case of delay in approaching the court by the petitioner as admittedly the order of ..... complainant and they completely failed to prove the guilt of the accused and prayed the court to acquitted the accused honourably from the liability of the charge under section 307/326 ipc.'moreover, the findings of the enquiry officer has nowhere been challenged effectively by the writ petitioner on ground of bias excepting preferring the statutory appeal ..... no. 2 but the order of removal was passed by respondent no. 3 is violative of provisions of general clauses act, 1897 and article 311 of the constitution of india.(ii) that section 7 of the police act, 1861 is inconsistent with the fundamental rights of the petitioner and violative of articles 14, 21 and 311 of the .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-06-2003
..... training subject to police verification. on successful completion of training, the appointment certificate as provided in. rule 30 is issued. this certificate is issued as is required by section 8 of the police act, 1861.4. there is no dispute that the petitioner was arrested and later, enlarged on bail. his alleged involvement in a case of kidnapping and murder leading to ..... was received. the report disclosed that the petitioner was involved in bilashipara p. s. case no. 165/99 under section 365/34/120(b)/364(a)/302 i.p.c, r/w section 10/ 13 ua(p) act and r/w section 27(b) arms act. the petitioner was discharged by an oilier passed on 29.8.2001 because of this unfavourable police report. it .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-04-2003
..... the victim, an innocent teen aged girl and corroborated by the evidence on record, i hold that the conviction of the accused appellant under section 376/511 of i.p.c. needs no interference. so far the punishment is concerned, i reduce the imprisonment to 4 (four) ..... the judgment and order passed by the trial court in sessions case no. 74(d) of 1994, whereby the appellant was convicted under section 376/511 of i.p.c. and sentenced to suffer r.i. for seven years and to pay a fine of rs. 500, ..... was bleeding. as stated above, the trial court gave the benefit holding that, there may not be any penetration but the entire act of the accused will definitely amount to attempt to commit rape and no stretch of imagination can be said that this is a ..... dirty tricks and removed the girl from the custody of the parents and thereafter took her to a lonely place and committed heinous act, the p.w.1 also found blood stained clothes and blood stain in her person.9. the trial court relying on the prosecution .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-21-2003
..... vocative of the provisions of section 58 of the r.p. act, 1951. section 58 of the act stipulates that if at any election any ballot box used at a polling station are unlawfully taken out of the custody of the presiding officer ..... of the authorities in arbitrarily ordering fresh poll in polling station nos. 137 and 140 is thus based on no logic and/or reasoning as contemplated under section 58 of the r. p. act, 1951.para 13. that the order of the authorities in holding fresh poll in respect of polling station nos. 137 and 140 is totally illegal and ..... struck off the statements made in paragraph nos. 5. 10, 11, 12, 13, 15 and 16, mr. n. choudhury has submitted, inter alia, that according to section 83 of the r. p. act and election petition to be valid must contain a concise statement of material facts on which the election petitioner relies and if any allegation of corrupt practices is .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-20-2003
..... were appointed as constable orderlies. this position is not disputed by the respondents.15. it is also worth noticing that in exercise of the powers conferred by section 2 of the police act, 1861, read with section 3 of the north east frontier agency regulations, 1965, the chief commissioner of arunachal pradesh issued a notification, dated 15.5.1975, framing thereunder rules known .....
Tag this Judgment!Court : Guwahati
Decided on : Oct-27-2003
..... darrang, mangaldoi, on 29.9.2000 is sessions case no. 73(d-m) of 1997. by the impugned judgment the appellant was convicted for offence under section 25(i)(a) of arms act, 1959 and sentenced r. i. for 3 years alongwith a fine of rs. 100 (rupees on hundred) and in default of fine to further r.i ..... to his duties till the date of discovery of ammunitions inside his steel trunk stated to be due to illness etc.3. a case under section. 25(ia)(iaa)/27 of the arms act was registered and on completion of the investigation chargesheet was submitted against accused person/appellant.4. trial proceeded against appellant framing charges under ..... section. 25(i)(a), 25(ia)(iaa)/27 of the arms act. appellant pleading not guilty to the charges. all together 6 (six) witnesses were examined from the prosecution.5. defence plea during the trial .....
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