Court : Guwahati
..... 'indian hemp', 'narcotic drugs', and 'narcotics' have the meanings respectively assigned to them in section 2 of the medicinal and toilet preparations (excise duties) act, 1955 (14 of 1955).'the supreme court after considering that in paragraph 5 has pointed out as follows:'the medicine manufactured by the appellants is not registered under the trade and merchandise ..... the concept of package tea as of different variety was introduced for the first time by the provisions of the central excises and salt (amendment) act, 1953 (act 15 of 1953). the package tea was considered as different varieties of the product commercially as tea itself having distinct character and use and name ..... marks act. therefore, it would attract levy only if its container or packing carried any distinctive marks so as to establish the .....
Tag this Judgment!Court : Guwahati
..... [50] from the above, what has emerged is that under article 163(2) of the constitution, it would be permissible to the governor to act without ministerial advice in certain situations, depending upon the circumstances therein, even though they may not specifically be mentioned in the constitution as discretionary functions. ..... advanced by the learned counsel representing the respondents is towards questioning the very maintainability of the writ petitions on the ground that the governor having acted with his domain, competence and jurisdiction towards passing the impugned orders, the same cannot be called in question invoking the jurisdiction of this court under ..... summoning the assembly, under the rules of procedure and conduct of business of the arunachal pradesh legislative assembly. in discharging this function, the governor acts as a constitutional head and therefore his decision to pre-pone the assembly session without advice of the chief minister and primarily on requisition made by .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... durgesh sharma vs- jayashree sharma reported in (2008) 9 scc 648. in that case, durgesh sharma , the husband filed a divorce proceeding under section 13 of the hindu marriage act, 1955 before family court at ujjain in the state of madhya pradesh. his wife , jayashree sharma then filed an application under section 23 of the code of civil procedure ..... because of his employment. it is alleged that since after marriage, the husband and his family members started torturing the wife and demanded dowry to the tune of rs.50,000/- while the petitioner wife tolerated the torture ..... in the state of arunachal pradesh in course of his employment. he married the petitioner herein on 17.4.2008 at digboi within the state of assam following hindu rites. the parties started their matrimonial life at shripuria pathar in the district of tinsukia and thereafter went to tezu where the respondent no. 1 was residing .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... they had made their confessional statements before the magistrate under duress, they did not retract such confessional statements. under section 50 of the mizoram liquor total prohibition act, 1995, only an excise officer not below the rank of assistant sub-inspector is competent to make arrest. defendant nos. 5 and 6 being constables, ..... in holding defendant nos. 5 and 6 responsible for the death of the deceased. alternatively, it is argued that the state being vicariously liable for the acts of its employees, in the event of dismissal of the appeal, the judgment and decree should be suitably modified by making the state liable to pay the ..... the superintendent of taxes, kolasib and not the block development officer (bdo). deceased did not pay professional tax under mizoram professions, trades, callings and employment taxation act, 1995. it was stated that no excise personnel was detailed by the superintendent of excise, kolasib for night duty at thingdawl and surrounding areas on the night .....
Tag this Judgment!Court : Guwahati
..... jurisdiction on account of its website being accessible in delhi first, as bulk of the submissions have been advanced on this issue. section 134(2) of the act uses the expression "carries on business". the objective of inserting section 134(2) was to provide the plaintiff a convenient forum to file a suit for infringement, ..... of the aforesaid discussion, we are of the considered opinion, that the submissions of the learned counsel for the appellant that seciton 134 of the trade marks act overrides the provisions of section 20 of the code of civil procedure and that it impliedly repeals the said provisions, is found to be devoid of merit and ..... plaintiff, a partnership firm, has its registered office at khairthal in the district of alwar, rajasthan. respondent no. 1 is also a company incorporated under the companies act, 1956 and has its registered office bhagwati sadan, swami dayanand marg, alwar, rajasthan and such a company is also engaged in the business of manufacturing and marketing of .....
Tag this Judgment!Court : Guwahati
..... c) no.7036/2005, praying for a direction to the respondents to consider their applications filed under section 5(1)(a) of the citizenship act, 1955 (in short the 1955 act) and to pass appropriate orders thereon, in accordance with law, contending inter alia that both the petitioners were born in guwahati and the ..... deportation of the appellants from india, having refused to issue a direction for consideration of their applications for registration as indian citizen. section 9 of the 1955 act provides for termination of citizenship. sub-section (1) provides that any person of india who by naturalization, registration otherwise voluntarily acquires, or has at ..... compulsion and not voluntarily acquired the citizenship of bangladesh. on the other hand, the appellants have filed the applications under section 5(1)(a) of 1955 act seeking registration of their names as indian citizen, upon accepting that they have voluntarily acquired the citizenship of bangladesh. since the question as to whether, .....
Tag this Judgment!Court : Guwahati
..... nandram, the appellants were entitled to claim relief in relation to suit properties to the extent indicated hereinbelow. indeed, since both the marriages were performed prior to hindu marriage act coming into force (18.5.1955), both were legal and not governed by hindu marriage act and specially section 5 read with section 17 ibid. similarly both the widows and their sons and daughters enjoyed the status of ..... class i heir as defined in the schedule to hindu succession act and were therefore entitled to claim their respective equal shares as provided in .....
Tag this Judgment!Court : Guwahati
..... of dw 1 i.e. the wife of the deceased, it is found that though the said couple had separated by an agreement, there was no dissolution of their marriage. she in her evidence, given as dw no.1, clearly stated that, in her maintenance case, her husband, on 21.01.2002, filed an application being petition no ..... into an agreement of separation, was living separately and the appellant instituted a proceeding, being misc.(j) case no. 128 of 2001, under sections 18/20 of the hindu adoptions and maintenance act, 1956, seeking maintenance allowance for herself and their son from the deceased husband. (iii) on 21.01.2002, in misc. case no. 128 of 2001, the ..... has also been deprived from the entire share in the property of his father. the deprivation of the said natural heirs, more particularly the son, appears to an unnatural act. the active role played by the propounder, who is also a beneficiary of the will fortifies the existence of suspicious circumstance. therefore, the propounder (pw 1) is .....
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