Court : Guwahati
..... in order to test the reliability of a dying declaration, the court has to keep in view the circumstances like the opportunity of the dying man for observation, for example, whether there was sufficient light if the crime was committed at night; whether the capacity of the man to remember the facts stated had not been impaired at the time he was making the statement, by circumstances beyond his control; the statement has been consistent throughout if he had ..... while great solemnity and sanctity is attached to the words of a dying man because a person on the verge of death is not likely to tell lies or to concoct a case so as to implicate an innocent person, yet the court has to be on guard against the statement of the deceased being a result of either tutoring, prompting or a product of ..... pw 1, the father of the deceased is apparently an illiterate man and, therefore, it would not be possible on his part to give an exact date of marriage of the appellant and the deceased. .....
Tag this Judgment!Court : Guwahati
..... 395, para 24) that--principles of natural justice know of no exclusionary rule dependent on whether it would have made any difference natural justice had been observed.and that 'non-observance of natural justice is itself prejudice to any man and proof of prejudice independently of proof of denial of natural justice is unnecessary. ..... the non-observance of natural justice is itself prejudice to any man and proof of prejudice independently of proof of denial of natural justice is unnecessary. ..... the non-observance of natural justice is itself prejudice to any man and proof of prejudice independently of proof of denial of natural justice is unnecessary. .....
Tag this Judgment!Court : Guwahati
i.a. ansari, j.1. heard mr. b.k. bhattacharjee, learned counsel for the petitioners, and mr. b.j. talukdar, learned government advocate, appearing on behalf of the respondent no. 1. heard also mr. t.c. chutia, learned standing counsel, apsc, appearing on behalf of the respondent commission.2. by an advertisement, dated 10.07.2007, applications for filling up of six posts of district sports officers were invited by the respondent no. 2, namely, assam public service commission. the present petitioners, amongst the others, applied for selection and appointment to the said posts. on completion of the selection process, a select list was published by the respondent no. 3 on 28.05.2008. the select list shows that all the six posts were filed up by the candidates from reserved category, though the advertisement clearly stated that two posts were reserved for the candidates of scheduled caste and one post for the candidates of scheduled tribe (hills) meaning thereby that the remaining three posts were 'unreserved'.3. the grievance of the petitioners is that the said three 'unreserved posts' were meant for the candidates of general category, but these posts have been filled up by the candidates from reserved category.4. while considering the above grievance of the writ petitioners, what needs to be pointed out is that an 'unreserved post' is not necessarily meant for candidates of general category only. an unreserved post is a post, which is open to competition and shall be filled up .....
Tag this Judgment!Court : Guwahati
t. nk. singh, j.1. the doctrine of preventive power of the administrative/executive authority, constitutionally validate preventive processes for the maintenance of public order, security of the state, national security, defence of india and relations of india with the foreign power. even so, deprivation of personal freedom, must be founded on the most serious considerations relevant to the welfare objective of the society, specified in the constitution.2. justice s. ratnavel pandian in kartar singh v. state of punjab (c/b), reported in observed that:when law ends. tyranny begins: legislation begins where evils begins. the function of the judiciary begins when the function of the legislature ends. because the law is, when the judges say it is since the power to interpret the law vests in the judges.3. the challenge in the present writ petition is to the detention order being no. cril/nsa/no. 49 of 2007 dated 11-9-2007 passed by the district magistrate, imphal west in exercise of the powers conferred under sub-section (3) of section 3 of the national security act, 1980 read with home department's order no. 17(1)/49/80-h(pt-i) dated 1-9-2007 directing shri lourembam sana singh alias nilachandra, s/o shri l. jugeshwar singh who is now injudicial custody be detained under section 3(2) of the national security act until further order, order of the government of manipur dated 22-9-2007 approving the detention order dated 11-9-2007 and also the order of the government of manipur .....
Tag this Judgment!Court : Guwahati
aftab h. saikia, j.1. heard mr. k. agarwal who has been appointed as amicus curiae to defend the appellants as mr. s.i. rahman the engaged learned counsel of the appellants is reported to have left the profession to join in the assam judicial service and no counsel till date has been appointed by the appellants to defend their case. in appointing mr. agarwal as amicus curiae this court has also kept in mind the long pendency of this criminal appeal which has been awaiting for final disposal since 2001.2. also heard mr. k.a. mazumdar, learned p.p., representing the state of assam.3. it is a shocking case of ghastly triple murder committed in a cruel and diabolic manner wherein the precious lives of three innocent young women have been taken away in the course of alleged commission of robbery by the appellants in the absence of male member, husband, father and master of the victim were one mina singh, aged about 38 years, who being the wife of the informant pw-3 shri jainath singh, miss anita singh, aged about 20 years and maid servant jayanti aged about 14 years respectively.4. it is alleged inter alia in the fir so lodged by pw-3, shri joinath singh on 2.9.1995 with the officer in charge, mahabhairab police outpost under the jurisdiction oftezpurpolice station that at about 11.30 a.m. on that day i.e. 2.9.1995 the accused namely (1) hari mura who was shown to be absconder, (2) dhruba nath (3) pradip rajbanshi and (4) ajit rabha (nos. 2 to 4 are the appellants before us) .....
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b.d. agarwal, j.1. heard shri ch. lokendra learned counsel for the petitioners and md. jallaluddin, learned addl. govt. advocate for the respondents.2. both the criminal petitions are admitted for hearing. considering the urgent nature of the matter and on being consented by the learned counsel for the parties, both the criminal petitions are being disposed of by this common judgment at the admission stage itself.3. short facts of the case giving rise to the filing of these criminal petitions are set out below:an fir was lodged by the commandant, home guards (v/a), manipur, imphal to the porompat police station alleging that some home guard volunteers had forged an order in the name of dy. commandant general showing their promotion to the rank of divisional commanders from the rank of senior platoon commanders. on internal enquiry, the names of the present petitioners figured as the authors of the alleged promotion order. the fir was registered as porompat ps case no. 78 (5) 03 under section 420/406/468/471 read with section 34 of the indian penal code. after investigation, the investigating officer submitted a final report under section 173 of the code of criminal procedure ('crpc' in short) was submitted on 28-8-2003. however, the final report was not accepted by the chief judicial magistrate, imphal. while rejecting the final report vide order dated 31-1-2004, the learned chief judicial magistrate directed the investigating officer to re-investigate the case, more .....
Tag this Judgment!Court : Guwahati
..... there is no evidence on record that the crpf took any step for shifting the injured police man to hospital or atleast shown any interest in rendering any help to the injured person. .....
Tag this Judgment!Court : Guwahati
t. nanda kumar singh, j.1. this second appeal is directed against the judgment and decree dated 11.8.1999 passed by the civil judge (senior division), nagaon in title appeal no. 8 of 1998 dismissing the appeal and affirming the judgment and decree dated 28.1.1998 passed by the learned civil judge (junior division), nagaon in title suit no. 78 of 1989/231 of 1993. both the 1st appellate court and the trial court made concurrent findings of fact that the appellant plaintiff has no right and title over the suit land described in schedule a to the plaint and the suit houses described in schedule b to the plaint.2. the present second appeal is admitted on the substantial question of law formulated at the time of the admission, of the appeal which reads as follows:1. whether the courts below erred in law in interpreting the decision in title suit no. 4/46 and decide the suit in question 3. heard mr. b. k. goswami, learned senior counsel assisted by ms. t. goswami, learned counsel appearing for the appellant as well as mr. k. pathak, learned counsel appearing for the respondents-defendants.4. the appellant-plaintiff filed the title suit no. 78 of 89 & 231 of 1993 against the respondents-defendants for declaration that the plaintiff is the absolute and exclusive owner of the suit land described in schedule a to the plaint and the suit houses described in schedule-b to the plaint and also for khas possession of the suit land and suit houses by evicting the principal-defendant nos. 1 .....
Tag this Judgment!Court : Guwahati
jasti chelameswar, c.j.1. the presidential proclamation dated 03.01.2008 under article 356(1) of the constitution of india imposing president's rule and keeping the assembly under suspension in the state of nagaland has been put to challenge in the present writ petition. intricate questions in un-chartered fields, notwithstanding the pronouncement of the apex court in rameswhar prasad v. union of india : air2006sc980 and clause (r. bommai v. union of india : [1994]2scr644 , have arisen for our consideration in the present case. before we proceed to make the required determination the relevant facts and circumstances giving rise to the presidential notification will be required to be noticed by us.2. on 26.2.2003 elections were held to the 60-member nagaland legislative assembly. on 6.3.2003 the democratic alliance of nagaland (dan) formed a coalition government with sri neiphiu rio as the chief minister. the alliance had the support of 43 members - 32 from the nagaland peoples front (npf), 5 from the bharatia janata party (bjp), 2 from janata dal (united) [jd (u)] and 4 independents. the remaining 17 seats in the assembly were filled up by members of the congress party.3. on 21.7.2003 the nagaland assembly (disqualification on ground of defection) rules, 2003 were framed by the speaker in exercise of powers under paragraph 8 of the tenth schedule. the rules, as framed, were laid before the house and took effect from 18.3.2006. in exercise of the power under rule 19 of the .....
Tag this Judgment!Court : Guwahati
mutum b.k. singh, j.1. the judgment dated 23rd march, 2002 of the court of learned additional sessions judge. south tripura. udaipur, passed in case no. s.t. 100(st/s) of 2001, convicting the appellants under section 498-a of the indian penal code and sentencing the appellant no. 1 to suffer rigorous imprisonment for two years and a fine of rs. 2,000/-, in default of payment, to suffer additional rigorous imprisonment for three months and the appellant no. 2 to suffer rigorous imprisonment for six months and a fine of rs. 5000/-, in default of payment, to suffer rigorous imprisonment for three months, is under challenge in this appeal.2. that, the prosecution case which originated from a complaint filed before the court learned chief judicial magistrate, south tripura, udiapur is that in 1991 one kajal majumdar (since deceased) married with the appellant no. 1. from the very next day of the marriage she started living at the house of her husband but she was tortured and subjected to harassment by the appellants and their family members continuously demanding more money and gold ornaments from her parental house. in 1992 she gave birth to a premature baby and suffered from acute illness with profuse bleeding but no medical treatment was given to her. the re quests for taking her to her parental house for treatment were turned down by the appellant no. 1. in 1995, on her refusal/failure to meet the demand of the appellant, she was assaulted/slapped in presence of the .....
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