Court : Guwahati
..... corporation (hfc) are also government companies registered under the companies act, 1956. at this stage, i may also refer to the latest decision of the hon'ble apex court in officers & supervisors of i.d.p.l. v. ..... have disastrous consequences for the employees them selves........'13. the parties are agreed upon the point that the t.j.m.l. is a government company registered under companies act, 1956. it may also be noticed that the two corporations in a.k. bindal's case (supra), namely, fertilizer corporation of india (fci.) and hindustan fertilizer ..... has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 and 620 of the companies act. merely because the entire shareholding is owned by the central government will not make the incorporated company part of the central government. it is also equally .....
Tag this Judgment!Court : Guwahati
..... same meaning as in section 498-a of the indian penal code (45 of i860)(emphasis mine)11. a bare reading of section 113-a of the evidence act would go to show that before drawing adverse presumption against the accused it is to be established that the married woman had committed suicide within a period of 7 ..... to bring the home offence within the parameters of section 306 ipc, the prosecution has to establish that the accused had abetted the commitment of suicide with certain overt act. according to the learned senior counsel for the petitioner, in the present case the prosecution's evidence is totally lacking to indicate that there was any provocation from ..... scope of drawing adverse presumption against the accused. hence, it is also necessary to look at the provisions of section 113-a of the evidence act, 1872, section 113-a of the evidence act is reproduced below:presumption as to abetment of suicide by. a married woman--when the question is whether the commission of suicide by a woman .....
Tag this Judgment!Court : Guwahati
..... of the victim in such cases is vital and unless there are compelling reasons, which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration of her ..... supreme court and the high court laid down that in case under section 376, the court should not ask for corroboration from the evidence of other witnesses since such act is always committed in secret. further, it is held that on the basis of the single testimony of the victim, conviction can be warranted under section 376 ipc ..... first time.9. rw. 3 is the victim herself. she has stated in her evidence that on the relevant day she had accompanied the appellant to their village to act in a drama from sorbhog. both the appellant and herself came to bhavanipur by bus at 3 p.m. and then from bhavanipur they boarded a truck proceeding towards .....
Tag this Judgment!Court : Guwahati
..... conduct on the part of the appellant, in our considered opinion, is certainly a relevant fact to draw adverse inference against the accused under section 8 of the evidence act, 1872. in the case of dhananjoy chatterjee v. state of west bengal : [1994]1scr37 , the hon'ble supreme court has held that absconsion of an accused ..... considered along with other evidence but its value would always depend on the circumstances of each case. normally the courts are disinclined to attach much importance to the act of absconding, treating it as a very small item in the evidence for sustaining conviction. it can scarcely be held as a determining link in completing the chain ..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. case law discussed.12. the other noticeable judgments ex pounding legal principles for cases based on circumstantial evidence are c. .....
Tag this Judgment!Court : Guwahati
..... specially indicating the place where the dead body was buried in presence of mohibur can be treated as post-crime conduct relevant under section 8 of the indian evidence act. we have considered the evidence of the five prosecution witnesses on this point and, under no circumstances, we find any reason to disbelieve their version rendered with ..... dead body of urshia but instead of the dead body the articles by which her body was wrapped were found. the provisions of section 27 of the evidence act are based on the view that if a fact is actually discovered in consequence of information given' some guarantee is afforded thereby that the information was true and ..... mohibur rahman. this piece of evidence relating to leading to the discovery of the dead body as observed above is not admissible under section 27 of the indian evidence act, 1872. a statement made by an accused person while in police custody for the purpose of section 27 should be clearly and carefully recorded by the concerned police .....
Tag this Judgment!Court : Guwahati
..... ble supreme court was dealing with the case of assassination of rajiv gandhi, the former prime minister of india. the case was under terrorist and disruptive activities act. the special judge after convicting several accused and after giving death sentence submitted the records to the apex court for confirmation of the death sentence. the ..... tried, convicted and sentenced to death or imprisonment for life for murder, nor dealt with according to the same criminal procedure as an adult. the special acts provide for a reformatory procedure for such juvenile offenders or children.206. according to some indian decisions, the post-murder remorse penitence or repentance by the ..... person who patently amenable to reform? well may one exclaim with prof. vrij : "what audacity is involved in these three tasks : too interpret life explain an act, predict the latest inclination of a human mind".28. 'special reasons' we may therefore, say are reasons which are special with reference to the offender, with .....
Tag this Judgment!Court : Guwahati
..... ble supreme court was dealing with the case of assassination of rajiv gandhi, the former prime minister of india. the case was under terrorist and disruptive activities act. the special judge after convicting several accused and after giving death sentence submitted the records to the apex court for confirmation of the death sentence. the ..... tried, convicted and sentenced to death or imprisonment for life for murder, nor dealt with according to the same criminal procedure as an adult. the special acts provide for a reformatory procedure for such juvenile offenders or children. 206. according to some indian decisions, the post-murder remorse penitence or repentance by the ..... person who patently amenable to reform? well may one exclaim with prof. vrij : 'what audacity is involved in these three tasks : too interpret life explain an act, predict the latest inclination of a human mind'. 28. 'special reasons' we may therefore, say are reasons which are special with reference to the offender, with .....
Tag this Judgment!Court : Guwahati
..... 11. it may be said that the dispute with regard to eligibility of the claimants within the meaning of the provisions of section 2(1)(d) of the act of 1923 is undoubtedly a substantial question of law, particularly when the commissioner has not addressed the issue despite being specifically pleaded in the written statement by the ..... law:whether the respondents-claimants who are the brother and widowed sister of the deceased workman could be treated as dependents under the provisions of the workmen's compensation act, 1923?7. there is no dispute that the father and mother of late dara singh sutradhar predeceased him. they left the deceased, his brother rana and their ..... with the appellant company. the death of the driver was in course of his employment and, as such, an application for compensation was filed under the workmen's compensation act. it may be mentioned here that the claim petition has been filed by the brother of the deceased, sister (widowed) and her son.4. the appellant company .....
Tag this Judgment!Court : Guwahati
..... tension cable into the premises of the respondent was held to be not a justifiable defence. in the opinion of the hon'ble supreme court, merely because the illegal act could be attributed to a stranger is not enough to absolved the liability of the board regarding the live wire lying on the road. though the above said case before ..... applied the said rule of strict liability and dismissed the appeal. the board made an attempt to rely on the exception to the said rule of strict liability being 'an act of stranger', the hon'ble supreme court held that the said exception was not available to the board. the hon'ble supreme court referred to the decision of privy council ..... the liability on the ground that the death had not occurred as a result of their negligence but because of negligence of the writ petitioner or an act of god or because of an act of some other persons relying to its earlier decision made in chairman, grid corporation of orissa ltd. (supra), the hon'ble supreme court held to the .....
Tag this Judgment!Court : Guwahati
..... upon the interpretation, implications and consequences of clause xii(a) and clause 27 of the agreement having applied the statutory test of section 74 of the indian contract act (shortly, 'the act) 5. as per clause xii(a) of the agreement, the plaintiff-contractor 'shall be liable for all costs damages, demurrages, wharfages, forfeiture of wagons, ..... negligency and unworkmanlike performance or his failure to carry out the work and also for all other damages or losses occasioned to the corporation due to the act whether negligence or otherwise of the contractor' and the decision of the sr. regional manager regarding such failure of contractor and the liability thereof shall be ..... deliver 119.41 quantals of common rice in terms of the agreement. it is also admitted that the said loss has never been happened consequent to any act of good like natural calamity. the loaded vehicle met an accident in transit and the foodgrains were looted by the unknown miscreants and as a result, undoubtedly .....
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