Court : Guwahati
Decided on : Oct-30-2006
..... from the suit land. the suit land, thereafter, was acquired by the land acquisition collector (for short 'l.a. collector') by a notification dated 15.3.1979 under section 6 of the land acquisition act. the defendant-respondents herein, filed t.s. no. 91/1991 in the same court of civil judge, jr. division, west tripura, agartala claiming the compensation awarded by ..... compensation. learned first appellate court upon perusal of the two notices (ext. 2 and ext. 3) observed that the l.a. collector after making the award under section 11 of the land acquisition act asked the plaintiff-appellant to receive the amount awarded. nowhere the plaintiff-appellant clarified why he did not receive the money or why he did not contest the .....
Tag this Judgment!Court : Guwahati
Decided on : Oct-30-2006
..... supra), has held..admissions, if true and clear, are by far the best proof of the facts admitted. admissions in pleadings or judicial admissions, admissible under section 58 of the evidence act, made by the parties or their agents at or before the hearing of the case, stand on a higher footing than evidentiary admissions. the former class of ..... viii, rule 5 permits the court to insist on a plaintiff to prove a fact notwithstanding an implied admission, which the defendant might have made, even section 58 of the evidence act makes it clear that notwithstanding a defendant's admission, express or implied, made in his written statement, a court may, in its discretion, require the ..... rented premises in an urban area, there cannot be, and there is, in fact, no dispute that the suit is governed by section 5 of the assam urban areas rent control act, 1972. this act makes it clear that a court, before granting decree for ejectment of a tenant, must be satisfied that the defendant is a defaulter .....
Tag this Judgment!Court : Guwahati
Decided on : Oct-12-2006
..... empower the commandant or the other prescribed authority to summarily dispose of a person subject to the act, who is charged with the offences under section 14 or section 16(5)(a) or section 17 or section 18(a) or section 20(a) or section 46 (other than that for simple hurt or theft) or a charge of abetment of or ..... in the statute may have to be given a meaning different from that contained in the interpretation clause. as noticed earlier, any literal construction of section 52 or section 53 of the act having the effect of conferring upon the designated authority the power to deal with, in a summary manner, all kinds of offences including civil ..... . per contra, mr. s.c. shyam, the learned central government counsel supports the impugned order and proceeding and submits that the question of invoking section 75 of the act in the instant case cannot arise inasmuch as the earlier proceeding imposing punishments were without jurisdiction and were already set aside by the competent authority. he .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-28-2006
..... took place. admittedly, paddy was not grown after vacation of the order of attachment and we also find that the paddy was grown prior to initiation of the proceedings under section 145 cr.p.c. prosecution witnesses have deposed that said paddy was grown by them. although, the defence claims to have grown the paddy, they have not adduced ..... breach of public peace. thus, the disputed land was attached vide order dated 15.7.1986. as stated above, the earlier proceeding misc. case no. 14/85 under section 145 cr.p.c. was disposed of declaring possession of the disputed land in favour of the informant first party. the proceedings in misc. case no. 102/86 were ..... the possession of a trespasser must be effective, undisturbed and to the knowledge of the owner or without any attempt at concealment. for instance a stray or a casual act or possession would not amount to settled possession. there is no special charm or magic in the word 'settled possession'. nor is it a ritualistic formula which can be .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-26-2006
..... injury to a large number of civilian and police personnel. terms of reference of such inquiry have also been fixed by such notification.21. sub-section (4) of section 3 of the act requires the appropriate government to lay before each house of parliament or, as the ease may be, the legislature of the state, the report, ..... patel and new kenilworth hotel (p.) ltd. (supra) cited by the learned senior counsel for the-writ petitioners need not be discussed.20. sub-section (1) of the section 3 of the act empowers the appropriate government, to appoint a commission of inquiry, by issuing notification in the official gazette, if it forms an opinion that it is ..... nature as the notices have been directed to be issued without any materials available before it and by selecting some officials for such notices under section 8b of the act out of a homogenous group of officials under the district administration of west garo hills district, thereby treating similarly placed persons differently.12. referring .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-26-2006
..... case that the existing houses were constructed within 5 years from the original lease or subsequent lease and that being the position, no protection from eviction under section 5 of the act was available to the defendant no. 1.34. the appellate court having received the case on remand from the high court, after careful consideration of the ..... the learned counsel representing the rival parties.21. before delving upon this key point placed before us, it would be prudent and apt to refer to section 5(1)(a) of the act including the second proviso thereto which reads as follows:5. protection from eviction:(1) notwithstanding anything in any contract or in any law for the time ..... being 'whether the defendant no. 1 effect any improvement on the land of the tenancy for which he is entitled to compensation for improvements as contemplated under section 5(1)(b) of assam act xii of 1955 and if so, what will be quantum of such compensation ?,' so framed by the high court, afresh and thereby s.a. no. 78 .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-20-2006
..... a test identification parade; the tips do not, points out the apex court in malkhan singh (supra), constitute substantive evidence and these parades are essentially governed by section 162 of the code of criminal procedure and, hence, failure to hold a test identification parade would not make inadmissible the evidence of identification in the court, ..... had sexual intercourse with pw4, and committed thereby the offence of rape. it also surfaces unshaken from the evidence on record that accused rajib aided the act of accused somnath's having sexual intercourse with pw4 by keeping guard as to who was coming to the house and as soon as accused rajib saw ..... victim in such cases is vital and unless there are compelling reasons, which necessitate looking for corroboration of her statement, the courts should find to difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-19-2006
..... materials on record, according to the learned magistrate, disclose a prima facie case of offence having been committed by the accused-petitioner under section 13(2) of the prevention of corruption act, 1988. aggrieved by the directions, so given to the cbi to investigate, the accused-petitioner has impugned the same in the present revision ..... is also contended by learned public prosecutor that when the materials on record disclose commission of an offence by an accused under section 13(1)(c) of the prevention of corruption act, a magistrate can direct the cbi to investigate the case. in support of this submission that a magistrate may direct further investigation ..... into a case in exercise of his powers under section 173(8), mr. bora places reliance on hemant dhasmana v. central bureau of investigation and anr. .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-19-2006
..... cited during argument by the learned counsels, none of which are on the issue of insanity before marriage to bring home the charge within the purview of section 12 of the act. in our considered view, this case is absolutely a case of no evidence as only oral and documentary evidence bear nothing to show that at the time ..... life due to her incurable insanity. by instituting the divorce proceeding the husband has prayed for a decree of nullity of their marriage under section 12(1)(b) of the hindu marriage act (for short 'act') on the ground that at the time of marriage the appellant was suffering from recurrent attacks of insanity, which is a breach of the ..... conditions contained in section 5(ii)(c) of the act.3. the appellant wife resisted the suit denying, inter alia, all the allegations pertaining to insanity and abnormal behaviour. it is contended that after the .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-15-2006
..... summons appeared before the learned trial court. four witnesses including the complainant herself was thereafter examined and on the basis of the evidences on record the charge under section 417 ipc was framed against the accused revision petitioner, which when read over was denied by him claiming trial. after cross-examination of the witnesses of the ..... term which may extend to one year, or with fine, or with both.8. on reading of section 415 ipc it is evident that in the definition of 'cheating' two separate classes of acts are set forth, which the person deceived may be induced to do. a person may be induced fraudulently or dishonestly to ..... anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to 'cheat'.section 417. punishment for cheating.-whoever cheats shall be punishable with imprisonment of either description for a .....
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