Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 10 appeal against non registration or cancellation Court: guwahati Page 2 of about 16 results (0.105 seconds)

Abani Goswami @ Jitu Goswami Vs. State of Assam

Court : Guwahati

..... in the realm of surmises and conjectures. the requirement of proof beyond reasonable doubt does not stand altered even after the introduction of section 498a ipc and section 113a of indian evidence act. although, the court's conscience must be satisfied that the accused is not held guilty when there are reasonable doubts about the ..... the facts and circumstances otherwise available on record may destroy the presumption. the phrase 'may presume' used in section 113a is defined in section 4 of the evidence act, which says 'whenever it is provided by this act that the court may presume a fact, it may either regard such fact as proved, unless and until it ..... the insecticide herself or it was administered to her. the benefit was extended to the accused. however, the fact remains well established that the death of binu goswami had occurred otherwise than under normal circumstances, in this case, the accused has been convicted on the basis of presumptions under section 113a of the evidence act as .....

Sanjay Jalan Vs. Sunita Jalan

Court : Guwahati

..... was disrespectful to her parents-in-law and quarreled with them and other family members without any rhyme or reason. she attempted to commit suicide by consuming insecticide with the nefarious design of inculpating the husband and his family members in criminal actions. it was further alleged that she left her matrimonial home for good ..... dominus litis, interest of justice is the decisive consideration while adjudicating an issue relating to the transfer of a proceeding. he contended that in terms of section 19 of the marriage act, as the wife was residing at the relevant time at dikom, the court of the district judge dibrugarh had the jurisdiction, to try the divorce ..... 's prayer for transfer of the divorce proceeding from the family court at guwahati to the court at dibrugarh. admittedly, thereby, the requirement of section 19 of the marriage act would not be flouted as is in the facts of the present case the district judge at dibrugarh has the jurisdiction to try the divorce proceeding .....

Dadhi Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... the corporation wherein while referring to the main objects of aaidc, the said authority certified its competence and credibility in supplying and servicing articles like fertilizers, insecticides, tractors, power tillers, fencing materials, tyres and tubes etc. it was emphasized that as the corporation's limited pursuits were not profitable enough, it ..... their employees from their own resource generation. clause 9 thereof having a definitive bearing on the present adjudicatory process deserves to be extracted:9. a section of employees of some slpes who may be absorbed in the state govt. departments, will not be entitled to the vrs package. however, for ..... was extended for purchase of equipments, machinaries, fertilizers, pesticide, micro nutrients etc. under various schemes through aaidc apart from prompt liquidation of outstanding amounts. acting on the minutes of the said meeting, the writ petition was closed on 08.04.2003.11. as the stalemate lingered, resulting amongst others, in non .....

Nirode Ranjan Acharjee Vs. State of Tripura

Court : Guwahati

..... deceased, however, on chemical analysis, at the forensic science laboratory, calcutta, revealed that her death was caused by consumption of carbonate poison, which is an insecticide poison. a death certificate was accordingly issued by the igm hospital, agartala. on completion of the investigation, police laid charge sheet against the present accused-appellant ..... differently, when a person is accused to have demanded dowry and faces, on such accusation, prosecution, for offence punishable under section 4 of the dowry prohibition act, 1961, section 8a of the dowry prohibition act, 1961, places, unlike an ordinary criminal trial, the burden to prove that he had not demanded the dowry and had ..... , that demand for dowry, as alleged by prosecution, was really raised by the accused-appellant, for, the demand for dowry is an act punishable under section 4 of the dowry prohibition act, 1961. in the case at hand, however, for the reasons, which now, assign hereinbelow, i find that it will not be in .....

Chittaranjan Mahanta Vs. State of Assam

Court : Guwahati

..... reflection. the evidence on record make out a clear case of abetment under section 107 for maintaining conviction under section 306, i.p.c., abetment being precondition to the offence under section 306, i.p.c. presumption under section 113a of the indian evidence act may be drawn only when it is shown that the woman had committed suicide ..... 11 days before her death also shows that she was subjected to physical assault by the accused.20. section 113a of the indian evidence act permits presumption of abetment only when one of the two clauses of the explanation to section 498a is proved. this presumption is not decisive and subject to rebuttal. the defence in the instant ..... death. this is a mitigating circumstance to the presumption of guilt there must be reasonable proximity between the act of assault and the consequence. a person guilty under section 498(a), i.p.c. should not necessarily be guilty under section 306, i.p.c. every case of assault and harassment will not lead to conviction under .....

Samiran Begum Vs. State of Assam

Court : Guwahati

..... was entrusted with the investigation and accordingly he inspected the place of occurrence on 17.7.2004. the victim accordingly was sent to the court for recording her statement under section 164 cr.p.c. and she was also sent for medical examination.15. now coming to the medical evidence of p.w.-3 who examined victim girl, it appears ..... by showing a dagger committed rape upon her.4. on receipt of the fir, dalgaon police station registered a case as dalgaon police station case no. 152/2004 under sections 342/376/506/34 ipc. the case was investigated and charge-sheet was submitted on 28.2.2005 against samiran begum for trial.5. the main accused jahir ali committed ..... ipc which provides the abetment. section 107 ipc provides as under:107. abetment of thing: a person abets the doing of a thing,first--instigates any person to do that thing; or secondly--engages with one or more other person or persons in any conspiracy for the doing thing, if an act or illegal omission takes place in pursuance of .....

Mohammad JasimuddIn Ahmed Vs. State of Assam

Court : Guwahati

..... the fact that the confession is not caused by any inducement, threat or promise, having reference to the charge against the accused as mentioned in section 24 of the evidence act. the warnings set forth in section 164 of cr. p.c. are merely illustrative and not exhaustive. to adjudge voluntariness, two basic factors should be taken note of, namely ..... admissibility in evidence; and if the confession appears to the court to have been caused by any inducement, threat or promise, such as mentioned in section 24 of the evidence act, it must be excluded and rejected.32. we have already adverted in the earlier part of the judgment that the appellant was examined under ..... confessional statement recorded by p. w. 3 is voluntary and true. the act of recording confession under section 164, cr. p.c. is a solemn act, and in discharging his duties under the said section, the magistrate must take care to see that the requirements of law under section 164 cr. p.c. are fully satisfied. it would be necessary .....

Tileswar Saikia, and ors. Vs. Smti. Motimai Begum, and ors.

Court : Guwahati

..... law of limitation?2.before determining the lis between the parties it would be appropriate to refer the provision of section 31 of the specific relief act, 1963 ( act 1963 for short) alongwith article 59 of the limitation act,1963:section 31- when cancellation may be ordered- (1)any person against whom a written instrument is void or voidable and ..... ) 7 scc 288: air 1999 sc 3325, hari singh vs- kanhaiya lal,v) (1996) 7 scc 767, md. noorul hoda vs- bibi rafiunnisa and others,vi) air 1968 sc 956, ningawwa v. byrappashiddappa hireknrabar,vii) air 1963 assam 4, niasha ghosh v. kari siddek ali and others,viii) air 1960 madras 1, muppudathi pillai v. krishnaswami pillai ..... question of law, mr.das, learned senior counsel referred to and relied upon the decision in muppudathi pillai s case (supra). section 31 of the act,1963 has already been quoted hereinabove. section 31 of the act 1963 is with regard to cancellation of a deed of sale. in the present case in hand, admittedly there was an agreement .....

Modern Candle Works Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... drugs according to a formula prescribed by reference to the needs of a particular patient shall not be regarded as the making of goods.26. as defined in section 2 of the factories act, 1948 'manufacturing process' means any process for--(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or ..... its application on 1st september, 1972 and the latter was issued certificate of registration, no. gau 3880, with effect from 1st april, 1967 under section 10 of the act and the petitioner was directed to submit returns.3. the books of accounts of the petitioner were seized and verified by the enforcement branch of the ..... [1960] 11 stc 827 (sc), where hydrogenated groundnut oil was regarded as groundnut oil; and commissioner of sales tax, u. p. v. harbilas rai & sons [1968] 21 stc 17 (sc), where bristles plucked from pigs, boiled, washed with soap and other chemicals and sorted out in bundles according to their size and colour were .....

The Assam State Textbook Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2003)87ITD99(Gau.)

..... : (1) the main issue in this case is in a narrow compass and the determination thereof depends upon the true and correct interpretation of section 10(22) of the it act. section 10(22) of the act, as it stood at the material time, reads as under : in computing the total income of a previous year of any person, any ..... the office of the director of public instructions. in 1950, the name was changed to assam textbook committee with 10 members nominated by the state government. again in 1968, the government constituted it as the board for textbook production and research. in 1972, the board was converted into a corporation by the name of the assam ..... assessee viz., cit v. a.p. transport corporation and the surat art silk manufacturers associations' case concerned the exemption of income under sections 11 and 12 of the it act, 1961. section 10(22) of the it act, 1961 requires the institution to exist solely for educational purposes and not for the purpose of profit. the example of the tamil nadu .....