Court : Guwahati
..... for cricket, india : air2005sc592 , in this regard, read:91. it is true that in moran mar basselios cathlicos v. most rev. mar poulose athanasius : [1955]1scr520 this court made observations as regards limitations in the application of review of its order stating:before going into the merits of the case it is as well to ..... invokable. reacting to the submissions so made, the constitution bench pointed out that when the conditions precedent for assumption of jurisdiction, under section 44 of the income-tax act, are not satisfied, the high court would be justified in invoking its jurisdiction under article 226. in fact, leaving no room for doubt, the apex court emphasised ..... of the doctrine of 'actus curiae neminem gravabit' can be in exceptional cases and that every error cannot be rectified on the basis of the principle that an act of the court shall prejudice none.31. in fact from the decision in municipal board, pratabgarh : air1982sc1493 , what clearly emerges is that when a high court .....
Tag this Judgment!Court : Guwahati
..... assaulted 'kere' with a common intention having the knowledge that their acts were likely to cause his death ultimately. however, as 'kere' was brought into the outpost being arrested in a criminal case in relation to which investigation was ..... that case? apparently not. assuming that use of some force was called for, there apparently has been a gross excess on the part of the appellants rendering such acts to be a criminal offence. be that as it may, intention to cause death cannot be reasonably imputed to them. we, therefore, hold that the appellants ..... apex court while underlining the above principle, however, observed in kali ram. (supra) that a court may presume as mentioned under section 114 of the indian evidence act, existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business .....
Tag this Judgment!Court : Guwahati
..... or where there has been a violation of the principle of natural justice or where the order of proceeding is wholly without jurisdiction or the vires of an act is challenged.31. from what have been observed and laid down in whirlpool corporation : air1999sc22 , it becomes clear that an alternative remedy is not an absolute ..... invokable. reacting to the submissions so made, the constitution bench pointed out that when the conditions precedent for assumption of jurisdiction, under section 34 of the income-tax act, is satisfied, the high court would be justified in invoking its jurisdiction under article 226. in fact, leaving no room for doubt, the apex court emphasised, ..... the constitution of india.25. while considering mr. saikia's submission that because of the fact that the provisions for revision, which have been made in the act by way of section 82, the petitioners had an alternative remedy available to them as regard their grievances, if any, against the seizures, which, according to the .....
Tag this Judgment!Court : Guwahati
..... of services by the hotelier and as a part of the amenities incidental to the service, the hotelier served meals at specified hours.8. by the 46th amendment act of the constitution, the definition of the word 'sale', as given in article 366, was widened by insertion of clause (29a), whereunder various transactions, enumerated therein ..... for 'sale' of goods inasmuch as the contracts, which were indivisible, could not have become subject to levy sales tax.6. before the constitution (46th amendment) act, 1982, the word 'sale' which occurred in the expression 'sale of goods', in the seventh schedule to the constitution of india, had carried the same meaning ..... the contracts aforementioned were performing their contracts, the revenue department, government of tripura, issued, pursuant to the provisions of section 3a of the tripura sales tax act (in short, 'the tst act'), read with rule 3a of the tripura sales tax rules (in short, 'the tst rules'), memorandum, bearing no. f. 1-7 (6), dated .....
Tag this Judgment!Court : Guwahati
..... was, thus, a deviation from the common law liability under the law of torts and was also in derogation of the provisions of the fatal accidents act. the act and the rules framed by the state in no uncertain terms suggest that a new device was sought to be evolved so as to grant a quick ..... of the learned counsel is accepted the same would lead to an incongruity.43. what have been pointed out above, it becomes abundantly clear that the present mv act lays down two comprehensive and independent, but complete in itself, mechanism for receiving compensation for injuries sustained or death caused in motor vehicular accidents. both the schemes ..... tribunal, vide its order, dated 24.10.2002, allowed the prayer of conversion. the claim application was, thereafter, treated as an application under section 163a of the mv act, 1988.5. in support of his claim, the claimant adduced evidence by examining one witness. by the impugned award, the learned tribunal allowed the claim application as indicated .....
Tag this Judgment!Court : Guwahati
..... at length.24. from the statements of the pws, exhibited documents and exhibited mos, it is clear that though none of the prosecution witnesses saw the very act of stabbing suddenly by the appellant-accused mutum seityaban singh to the victim moirangthem lukhoisana singh at the courtyard of the appellant-accused house, the prosecution could proved the ..... , seizure memo at exhibit p-8 we are of the considered view that the requirement/pre-requisite for utilizing the fact discovered under section 27 of the indian evidence act had been fulfilled. the apex court in modan singh v. state of rajasthan reported in (1978) 4 scc 435 held that if the (sic. evidence of) ..... inadmissible.15. the apex court also discussed the pre-requisite for utilizing the fact discovered in consequence of information received from the accused under section 27 of the indian evidence act in state (nct of delhi) v. navjot sandhu : 2005crilj3950 .16. para 121, 123, 132, 136 and 142 of the scc of navjot sandhu (supra) are .....
Tag this Judgment!Court : Guwahati
..... the terms mentioned in the said clause and it was to be exercised judiciously. in the case on hand the managing director of the corporation has failed to act reasonably and fairly. he abdicated his duty by not exercising discretion at all in the light of the facts and circumstances of the case stated above sufficient details.' ..... any employee, being an authority coming within the meaning of article 12 of the constitution. it was not open to the managing director of the respondent corporation to act on extraneous consideration by issuing a show cause notice dated 15.2.1996/ 16.2.1996 so as to deprive the appellant of the benefit flowing from acceptance ..... '16. the division bench of the high court has failed to seethat the scheme conferred discretion on the corporation under clause 8.1 coupled with the duty to act judiciously when application for voluntary retirement was made by an employee. the said clause did not confer any unfettered discretion upon the corporation to refuse the benefit of .....
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..... the vehicle involved in the accident not being known, the persons affected cannot prefer any claims for compensation. it is, therefore, considered necessary to amend the act suitably to secure strict enforcement of road safety measures and also to make, as a measure of social justice, suitable provisions, first, for compensation without proof ..... however, crucial to note is that if a person was not legally liable to pay any compensation, the statutory mechanism conceived under and provided by motor vehicles act, 1939, did not make the person proceeded against liable to pay compensation except in situations and to the extent to which the statute made a specific departure, ..... on behalf of the parties, two vital questions, which fall for determination in the present appeal are as follows:(i) whether a person whose own wrongful act, negligence or default caused the accident or formed the cause of the accident, can maintain an application under section 163-a claiming compensation?(ii) whether a .....
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..... under order 23, rule 3 cpc which being rejected on 30.09.2002, they filed civil revision petition 376/2002. their application under section 8 of the arbitration and conciliation act, 1996 and their prayer for invoking section 89 of the civil procedure code having been rejected by the trial court by orders dated 11.11.2002 and 06.01.2003 respectively, the ..... , decreed the suit ex parte on 15.12.1999.the petitioners thereafter filed three petitions; (1) for setting aside the ex parte decree, (2) under section 5 of the limitation act, 1963 for condonation of the delay in filing the petition for setting aside the ex parte decree and (3) for staying the title execution case no. 9/2000 arising out .....
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..... , the review applicants-writ respondents are, now, debarred from preferring another appeal against the same orders. thus, the orders, which were, otherwise, appealable, have been made non-appealable by the act or omission of the review applicant-writ respondents themselves. having chosen to prefer the appeals and having opted to withdraw the appeals without obtaining any leave, when the appeals were ..... main order was confirmed by this court, the question arises whether the tribunal has had power under order 47, rule 1 cpc or any other appropriate provision under the tribunal act to review the orders passed by it and confirmed by this court by refusing to grant leave. we find that the exercise of the review power is deleterious to the .....
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