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 .....
Tag this Judgment!Court : Guwahati
..... such presence of those who in one way or the other facilitate the execution of the common design, is itself tantamount to actual participation in the criminal act. the essence of section 34 is the simultaneous consensus of the mind of persons participating in criminal action to bring such a particular result. such consensus can be developed at the ..... them. but, if broadly speaking, two of the accused are given benefit of doubt why the 3rd should be singled out while all were charged under section 34, ipc in a conjoint act? this was precisely the view of my learned brother hansaria, j. a benefit of doubt has been given to ajgar as well as to bakhtar even ..... in a criminal action to bring about a particular result. a simple reading of section 34 along with the preceding section 33 will make it clear that the 'act' spoken of in section 34 includes a series of acts as a single act. the commission of the acts by different confederates in the criminal action may be different but all must in one .....
Tag this Judgment!Court : Guwahati
..... or concerted action to a common end to be regarded as joint tortfeasors. to give an analogy which is well-known in criminal law joint tortfeasors would be one who acts as stated in section 34, indian penal code in furtherance of the common intention or in prosecution of the common object of which mention has been made in ..... a motor car was injured in a collision between that car and another. morris, lj. said that the two drivers both of whom were negligent were separate tortfeasors whose concurrent acts caused injury to the female plaintiff. thompson v. london county council (1899) 1 qb 840, furnished another example of tortfeasors who were not joint, but several, concurrent tortfeasors. in that ..... the parties including the insurer shall pay interest at the rate of 6 per cent per annum from the date of filing of the claim petition, which was 5.8.1968 till today. the interest would run at the rate of 12 per cent per annum from today. in the result, the appeal is allowed as indicated above. .....
Tag this Judgment!Court : Guwahati
..... action to a common end to be regarded as joint tortfeasors to give an analogy which is well known in criminal law joint tortfeasors would be one who acts as stated in section 34 of the ipc in furtherance of the common intention or in prosecution of the common object of which mention has been made in ..... a motorcar was injured in a collision between that car and another. morris, l.j said that the two drivers both of whom were negligent were separate tortfeasors whose concurrent acts caused injury to the female plaintiff. thompson london county council, (1899) 1 qb 840 furnished another example v. of tortfeasors who were not joint, but several, concurrent tortfeasors ..... section 149 of the ipc.20. in the present case none of the aforesaid elements is present. two bus drivers cannot therefore be regarded as joint tortfeasors but they are in law several tortfeasors so, for the acts of one the other cannot be held liable jointly or severally .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... the schedule does not include seeds specifically in the serialised item such seeds are not specified agricultural produce, and (b) on the process of coating and applying insecticides, other chemicals and poisonous substances the basic character, i.e., its consumption as food by human beings or animals is irretrievably lost and that such commodity ..... being sown and achieving germination, but in that form they retain the dual utility of being foodgrains as well as seeds. by process of coating and applying insecticides, other chemicals and poisonous substances to the foodgrain meant to be utilised as seeds, one of its basic character, i.e., its consumption as food by ..... learned senior counsel appearing for the parties also drew our attention to the relevant provisions of the seeds act, 1966 (act 54 of 1966) and the seeds rules, 1968 (hereinafter referred to as 'the rules'). we have also perused the schedule [sections 2(a) and (4-a)] to the adhiniyam in which under heading a-agriculture, wheat is .....
Tag this Judgment!Court : Guwahati
..... limited corporation, when rate quoted by respondent was inclusive of sales tax, then appellant was to deduct an amount equal to that specified under section 8-d of u.p. trade tax act, i.e., 4% and in case of any addition or reduction or contract price by virtue of changes to any statute etc. the ..... of the fundamental rights; (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged. see : whirlpool corporation v. registrar of trade marks : air1999sc22 .10.2. in : (2004)3scc553 (abl international ltd. and anr. v. export credit guarantee ..... in the existing tripura sales tax act, 1976 and the notification to such amendment has received assent of the governor of tripura on 27.07.2000 itself, whereby, sales tax was payable @ 4% on pesticides, weedicides and insecticides. in the instant case, according to the learned counsel for the appellant, the writ petitioner had already supplied .....
Tag this Judgment!Court : Guwahati
..... assertions deserve to be minuted. introducing itself to be a private limited company incorporated under the companies act, 1956, the petitioner has averred that it is registered as well under section 9(4) of the insecticides act, 1968 (hereafter referred to as the act) as a manufacturer of different insecticides including different types of solvents (xylene, cyclohexanone, apromax etc.) and emulsifiers (snt a, snt b etc). the ..... make their offers. the edifice of this argument is built on the provisions of the act and the rules on the supposition that bionol or cardol/cardonol is an insecticide as comprehended by these legislations. insecticide has been defined in section 3(e) of the act, as hereunder.3(e)... insecticide(i) any substance specified in the schedule; or(ii) such other substances (including fungicides and .....
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