Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Court: guwahati Page 47 of about 495 results (0.088 seconds)

Smt. Putuli Begum and Others Vs. Smt. Rehana Begum

Court : Guwahati

..... ext 7 and 8 respectively. 14. the respondent herein was examined as pw 1 during the trial and her testimony is supported by the documentary evidence particularly the marriage certificate marked as ext. 1 coupled with ext. 2 and ext. 3 i.e. the voter list and the legal heir certificate. in support of her claim ..... b islam, learned counsel appearing for the respondent. 8. opening the argument on behalf of the appellants mr. dutta, learned counsel would contend that the factum of marriage with the deceased kutub ali with the respondent though denied by the appellant, the respondent has failed to adduce supporting evidence which in itself is an erroneous finding when ..... in misc. (j) case no. 2/2002 is required to be interfered with under section 384 of the act. 10. on the otherhand, mr. b islam, learned counsel representing the respondent would contend that the factum of marriage along with the document exhibited and proved would show that the respondent is the legally married wife of late kutub .....

Smt. Putuli Begum and Others Vs. Smt. Rehana Begum

Court : Guwahati

..... ext 7 and 8 respectively. 14. the respondent herein was examined as pw 1 during the trial and her testimony is supported by the documentary evidence particularly the marriage certificate marked as ext. 1 coupled with ext. 2 and ext. 3 i.e. the voter list and the legal heir certificate. in support of her claim ..... b islam, learned counsel appearing for the respondent. 8. opening the argument on behalf of the appellants mr. dutta, learned counsel would contend that the factum of marriage with the deceased kutub ali with the respondent though denied by the appellant, the respondent has failed to adduce supporting evidence which in itself is an erroneous finding when ..... in misc. (j) case no. 2/2002 is required to be interfered with under section 384 of the act. 10. on the otherhand, mr. b islam, learned counsel representing the respondent would contend that the factum of marriage along with the document exhibited and proved would show that the respondent is the legally married wife of late kutub .....

The State of Assam Vs. Upendra Nath Rajkhowa

Court : Guwahati

..... provisions of section 164 of the code of criminal procedure, such part of the evidence though it may be relevant within the meaning of section 9 of the evidence act, will have to be excluded. by such a construction of the provisions a satisfactory solution could be evolved.* * * * *these are weighty observations and we respectfully ..... , are relevant in so far as they are necessary for that purpose. these two sections (section 164, cr.p.c. and section 9 of the evidence act) deal with different situations : section 164 of the code of criminal procedure prescribes a procedure for the magistrate recording statements made by a .person during investigation or ..... found it necessary to make search in the compound of the district and sessions judge, dhubri regarding the dead bodies and therefore he thought it reasonable to act under section 165, criminal procedure code requesting the officer-in-charge, police station to search the compound of the district and sessions judge in order to recover the dead .....

J.P. Rai, Ias Vs. the State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : AIR2009Gau151

..... in relation to a part-heard case.the supreme court quoted with approval a decision of the allahabad high court in 1996 awc 644 sanjay kumar srivastava v. acting chief justice and at para 21 of the judgment the supreme court noted that the objection raised before the allahabad high court was that a writ petition which was ..... division courts.12. the letters patent dated may 14, 1862 for the high court of judicature to be established in bengal in accordance with the provisions of the chapter act was transmitted to the governor-general of india in council by the dispatch dated may 14, 1862 from sir charles wood, secretary of state. the said letters patent were ..... the chief justice for placing it before the division bench having regard to the importance of complexity of the case;(e) writ petitions in which constitutional validity of any act, rules or any provisions thereof have been challenged.(2) an appeal from the judgment and order of a single judge disposing of an application shall lie to the .....

On the death of Rani Singha her legal heirs Shikha Das and Others Vs. ...

Court : Guwahati

..... termed as preliminary decree under order 20 rule 18(2) of the code. the consequential division by metes and bounds, considered to be a ministerial or administrative act requiring the physical inspection, measurements, calculations and considering various permutations/ combinations/ alternatives of division is referred to the collector under rule 18(1) and is the ..... collector under section 54 of the cpc for carrying out a partition of revenue paying estate in terms of a civil court decree is a ministerial or administrative act not involving further determination of rights of the co-sharers in the immovable property. contentious issues, if any, arising between the parties while executing a decree ..... cannot have over riding effect on order xx rule 18 cpc. as such, while implementing a partition decree passed by the civil court, the collector, acting under section 54 of the cpc cannot go behind the decree nor can the collector entertain a claim to a dwelling house by the judgment debtor by .....

Subir Dhar Vs. The State of Assam

Court : Guwahati

..... there is no evidence to prove that since inception of relation the appellant never intended to marry the victim girl to raise the allegation of false promise of marriage as has been raised by the prosecutrix. rather, the evidence and circumstances of the case, suggestive of fact that appellant disclosed to all the family members ..... than we can assume that she was at the verge of majority and has adequate intelligence and maturity to understand the significance and morality associated with the act she was consenting to. the physical relationship had clearly developed out of love and affection between both the parties. she was also conscious about the complications ..... and possessed, but cannot be transferred, alienated. 8. attention of the court has been invited to the matters on record which can only reveals that the accused acted bonafide since inception of relation between the parties. reliance has also been placed upon the case laws reported in (1997) 6 scc 499 (jibriwal diwan vs.- state .....

Shri Laisram Nipamacha Singh Vs. Smt. Khaidem Ningol Sakhi Devi and or ...

Court : Guwahati

..... is excessive so it should be reduced to rs. 10/- and rs. 5/- per month. there is no force in this contention. under the criminal procedure code (amendment) act (26 of 1955) the maximum amount of maintenance awardable under this section has been raised from one hundred rupees to five hundred rupees. in fixing the rate of maintenance under the code ..... marriage was in subsistence the petitioner contracted a second marriage and thereafter he started illtreating her without any reason. as she could not tolerate the cruelty and illtreatment of her husband so she left ..... under section 488 cr.p.c. against her husband the petitioner with the contention that she was the legally married wife of the petitioner and after their marriage they lived as husband and wife-for some years in the house of the petitioner and during that period she gave birth to these 3 children. while their .....

Khargeswar Choudhury and anr. Vs. Isfaque HussaIn and ors.

Court : Guwahati

..... led to an opposite conclusion. this power of the high court under the constitution of india is always in addition to the powers of revision under section 103 of the act."this case instead of helping the learned counsel for opposite party, helps the petitioner as the supreme court has pointed out that in an appropriate case, in exercise of the ..... judge. in my considered opinion also, the plaintiff lost his title over the suit land as far back as in 1976 when the assam fixation of ceiling on land holdings act came into force and, therefore, he has no locus standi to institute the suit for eviction of the defendant. in view of this conclusion, i think it is not" necessary .....

Thomas Nongtdu Vs. State of Meghalaya

Court : Guwahati

Reported in : 2009CriLJ4395

..... is thus no case of improper exercise of jurisdiction by her in passing the impugned order. on the contrary, had she refused such permission, such refusal would have amounted to acting contrary to the observations made by the apex court in s. papaiah : 1997 cri lj 4636 (supra).8. the result of the foregoing discussion is that there is no merit ..... prayer of the i.o. insp. k. prasad dated 19th june 2009 for reasons stating therein, pray for adding section 225, ipc r/w section 25(i-b)/27 arms act which is allowed.later,seen and perused prayer of the i.o. insp. k. prasad, shillong sadar p.s. for the reasons stating therein, for re-opening of the case .....

Khargeswar Choudhury and anr. Vs. Isfaque HussaIn and ors.

Court : Guwahati

..... led to an opposite conclusion. this power of the high court under the constitution of india is always in addition to the powers of revision under section 103 of the act.' this case instead of helping the learned counsel for opposite party, helps the petitioner as the supreme court has pointed out that in an appropriate case, in exercise of the ..... trial judge. in my considered opinion also, the plaintiff lost his title over the suit land as far back as in 1976 when theassam fixation of ceiling on land holdings act came into force and, therefore, he has no locus standi to institute the suit for eviction of the defendant. in view of this conclusion, i think it is not' necessary .....