Court : Guwahati
..... fails to appear or produce documentary evidence, the arbitral tribunal shall continue with the proceedings and make the arbitral award. under section 34 of the act, a party may apply for setting aside of an arbitral award by making an application before the principal civil court of the district having jurisdiction over ..... was forwarded to the police authorities for registration of criminal case without any independent verification of the complaint by the petitioner. referring to various provisions of the act and the decision of the apex court in the case of venture global engineering vs. satyam computer services ltd. and ors., reported in (2010) 8 ..... alleged, no material has been placed before the court to prove such allegation. executing court was justified in rejecting the objection filed by the petitioner. petitioner acted on the basis of an undated complaint received on 19.04.2012 written by one person called prashanta changkakati without any verification. strongly denying any wrong doing .....
Tag this Judgment!Court : Guwahati
..... to fold of her husband under any circumstances. since all the attempts, aimed at bringing back his wife failed, husband/petitioner filed a suit u/s 9 of the hindu marriage act, 1955 seeking a decree for restitution of his conjugal rights vis- -vis his wife. 8. notice of the said proceeding was served on the wife/respondent. she entered ..... /respondent did not return to her matrimonial house. 5. the petitioner was therefore, compelled to file a suit u/s 13(i)(i-b) of the hindu marriage act, 1955 which was registered as (marriage) title suit no. 48/2008. said suit was dismissed on 29.11.2010 by district judge and such dismissal, according to the husband/petitioner, was made ..... judge, jorhat concluded that the petitioner could not make out a case requiring it to pass a decree in favour of the petitioner u/s 9 of the hindu marriage act. it is that judgment which has been assailed in this appeal. 14. we have carefully pursued the judgment under challenge having regard to the evidence on record .....
Tag this Judgment!Court : Guwahati
..... hindu marriage act, 1955 against the judgment and decree dated 19.9.2009 passed by the additional district judge (ftc), sivsagar, assam in title suit no.(matrimonial) 50/2006. by impugned judgment/order, the learned trial judge decreed the petition filed by the husband under section 13 of the hindu marriage act (for short hereinafter called the act ..... ) against the appellant (wife) and granted decree of divorce in his favour dissolving his marriage with the wife (appellant). the trial court while granting decree of divorce in favour of ..... factual averments, the husband filed the divorce petition against the wife under section 13 ibid and prayed for a decree of dissolution of their marriage. the wife filed written statement and denied the material averments. she made counter allegations against the husband alleging against him that he was indulging .....
Tag this Judgment!Court : Guwahati
..... as the operational effectiveness of executive action is concerned, the supreme court, in the case of ram jawaya kapur vs state of punjab (air 1955 sc 549), while dealing with an argument of violation of fundamental rights, observed that ordinarily, the executive power connotes the residue of governmental ..... sinha, j. (concurring) this court entrusted investigation to the central bureau of investigation (cbi) which was constituted under the delhi special police establishment act, 1946 (for short the act ). it was enacted to make provision for the constitution of a special police force in delhi for investigation of certain offences in the union territories, ..... for the investigation of crimes at present handled by the delhi special police establishment, including specially important cases under the defence of india act and rules particularly of hoarding, black-marketing and profiteering in essential commodities, which may have repercussions and ramifications in several states; the .....
Tag this Judgment!Court : Guwahati
..... , opened in her name and the person, who had introduced the purported bina thakuria, was accused dwijen thakuria inasmuch as it was accused dwijen thakuria, who had acted, as would be evident, as an introducer of the said smt. bina thakuria. 56 logically extended, it would mean that accused dwijen thakuria had introduced someone, ..... convicted them accordingly and, having found accused biswajit das also guilty of an offence, under section 13(1)(d) read with section 13 (2) of the pc act, convicted accused biswjit das accordingly. following their conviction, the impugned sentences were passed against the two convicted persons as mentioned above. 6. aggrieved by their conviction and ..... against accused biswajit das, prosecution was also sought for having allegedly committed offence under section 13(1)(d) read with section 13(2) of the p.c. act. the case of the cbi, briefly stated, thus: (a) while functioning as development officer of the lici, mirza branch, accused biswajit das had entered into a .....
Tag this Judgment!Court : Guwahati
..... , for storage and safe custody. after conclusion of the polling, on 13.10.2009, the election petitioner submitted, in terms of section 47 of the rop act, a list of persons for appointment as his counting agents and the returning officer gave requisite permission. in terms of the schedule, fixed for counting, counting started ..... refine and embellish the 'material facts' already pleaded in the petition in compliance with the requirements of clause (a) of section 83 (1) of the rp act, 1951. particulars' serve the purpose of giving finishing touches to the basic contours of a picture already drawn, to make it full, more detailed and more informative. ..... declare the election of the respondent no. 2, the returned candidate from bordumsa-diyun legislative assembly constituency to be void under the mandate of the representation of peoples act, 1951 and the conduct of election rules, 1961. 4. before coming to the grounds seeking striking out of the pleadings and rejection of the election petition, .....
Tag this Judgment!Court : Guwahati
..... complaints, such course of action cannot, but be described as ex facie unacceptable and arbitrary. in such a situation, one cannot help, but regard such unexplained act as an act of arbitrariness and reflective of bias, prejudice and mala fide. 76. while respondent nos. 4 and 5 have been treated with favour as can be clearly ..... once the authority exercises its power to hold such an enquiry and whenever the enquiry affects the character or service reputation of a person subject to the air force act, 1950, then, compliance with the requirements of the provisions, embodied in rule 156(2), would be mandatory. 130. while considering the question of compliance with ..... on 12 counts. (viii) the court of inquiry, according to the respondents, conducted the proceeding strictly in compliance of the various provisions contained in air force act and the rules framed thereunder and, thus, the proceedings, in question, its finding as well as all subsequent actions cannot be set aside and quashed, though .....
Tag this Judgment!Court : Guwahati
..... . (6) quashing decisions may impose heavy administrative burden on the administration and lead to increased and unbudgeted expenditure. it has also been observed that the duty to act fairly will vary in extent, depending upon the nature of cases, to which the said principle is sought to be applied. 68. in centre for public interest ..... someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no reasonable authority acting reasonably and in accordance with the relevant law could have reach? and (ii) whether the public interest is affected. if the answers to the aforesaid test ..... by the authority is malafide or intended to favour someone or when the process adopted or decision made is so arbitrary and irrational that no responsible authority acting reasonably should have reach such decision and such decision affects the public interest, the petitioner is not entitled to the relief claimed in the writ petition as .....
Tag this Judgment!Court : Guwahati
..... , or illustration. 39. the fundamental principle, which runs through all the general exceptions, is that every man is presumed to know the consequences of his acts or omissions; but law recognizes certain circumstances, as provided under the general exceptions, whereunder the presumption of knowledge and intention is done away with or, at ..... here for a clear understanding of the matter. the relevant observations read as under: 17. ..in cases falling within the purview of section 105, evidence act, the evidence produced by the accused person, even though falling short of proving affirmatively the existence of circumstances bringing the case within the exception pleaded by ..... required to prove its case by adducing all such evidence, which would prove the accused guilty beyond reasonable doubt. 83. section 105 of the evidence act, while placing burden of proof on the accused to prove existence of circumstances bringing his case within any of the general exceptions, embodied in the indian .....
Tag this Judgment!Court : Guwahati
..... in shortest possible period and the trial by having precedence over other cases as is stipulated in section 19. 57. section 3 of the nia act, 2008, therefore, empowers the central government to constitute a special agency to be called national investigating agency for investigation of scheduled offences, which means ..... 21. elaborating his above submissions, mr. mishra, learned senior counsel, contends that if a case, involving any penal provision of the unlawful activities (prevention) act, 1967, is investigated by police, the accused can move the sessions court or the high court, against an order framing charge invoking its revisional jurisdiction, because ..... whereby the learned court below has framed charges under sections 120b and 121a ipc read with sections 17, 18, 20 and 21 of the unlawful activities (prevention) act, 1967, against the present accused-appellants. 2. before these appeals could be heard on merit, a preliminary objection has been raised by the respondent herein, namely .....
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