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
..... object to carry on the business of manufacturing tools, implement, machineries, equipments, etc. the company had also obtained registration under customs and central excise act dated 27.8.1992 for manufacturing and marketing of psc poles and steel fabricated structures. the company started its production but due to some unavoidable ..... concentrates in itself the virtual control of both legislative and executive functions and as the ministers constituting the cabinet are presumably agreed on fundamentals and act on the principle of collective responsibility, the most important questions of policy are all formulated by them. see rai sahib ram jawaya kapur and ..... requiring parliament's will to be respected and official action to be congruent with legislative purpose. in applying the ground of legality the courts are effectively acting as guardians of parliament's intent.' [see principles of judicial review - de smithy woolf & jowell, 1999.25. the broad constitutional principles and their .....
Tag this Judgment!Court : Guwahati
..... an employee can be relieved of service for unauthorized absence without initiating appropriate departmental proceedings.7. the leave regulation of 1968 have been framed under the provisions of the ongc act and the regulations have the force of law. the provisions of regulation 14(5) authorising the employer ongc to release an employee from service for unauthorized absence have not been ..... the plea of violation of natural justice. retribution in appropriate cases are indispensable for enforcement of discipline in industrial sector. constitutional safeguard does not mean licence to indulge in the act of indiscipline. the writ petitioner is, therefore, not entitled to any relief. 13. in the facts and circumstances of the case, the writ petition is dismissed. no order as to .....
Tag this Judgment!Court : Guwahati
..... the prosecution allegation of cruelty and harassment meted out to the deceased. having regard to the inconsistency in the two dying declarations we do not find it safe to act solely on them to convict the appellant, for that reason even accused no. 2, the mother of the appellant who has since served out her sentence.mr. ..... refused to support the case of the prosecution that projected by it. now the question is to what extent the evidence of the hostile witnesses can be accepted and acted upon. in this context it would be appropriate for us to refer a decision reported in : air2004sc1720 (leila srinivasa rao, appellant v. state of andhra pradesh, respondent ..... be looked into from two angles. if the witnesses apart from the hearsay of the killing, testified some other facts, those facts can be taken into consideration and acted upon and minus the facts so heard. though these witnesses claimed to have the information of killing from different persons, those persons were not put in the witness .....
Tag this Judgment!Court : Guwahati
..... despite such omissions, the disqualification mentioned in section 27 may be inferred from certain disqualifications laid down under sections 24, 25 and 26 of the h.s. act. under section 24, widow of pre-deceased son, grandson and brothers of the intestate have been prohibited from inheriting the property if they re-married on the date ..... declared to inherit the property by the lower court.29. learned counsel for the appellants also attempted to take the help of section 27 of the h.s. act which disentitles a disqualified person from inheriting the property. section 27 reads as under:27. succession when heir disqualified-- if any person is disqualified from inheriting any ..... property only in absence of class-i or class-ii legal heirs being agnates and cognates under clause (c) and (d) of section 8 of the h.s. act.19. coincidently, the main contesting defendant, namely, shri mangi singh has categorically admitted in his written statement that he is the agnate of late intestate, jayantakumar. the .....
Tag this Judgment!Court : Guwahati
..... canteens and non-statutory recognised canteens. the only material difference between the statutory canteen and non-statutory recognized canteen is that while one is obligatory under the said act (factories act) the other is not. however, there is no difference in the management of the two types of canteens. it was further pointed out that a classification made ..... law has been laid down as follows: 'what emerges from the statute law and the judicial decisions is as follows:(i) whereas under the provisions of the factories act, it is statutorily obligatory on the employer to provide and maintain canteen for the use of his employees, the canteen becomes a part of the establishment and, therefore, ..... by this court has been upheld by the apex court. in the judgment in the writ appeal the proviso to section 45(5)(i) of the banking regulation act, 1949 have been quoted and in paragraph 8 of the judgment a direction was given to the appellant-bank to implement the provisions of clauses 10 and 11 .....
Tag this Judgment!Court : Guwahati
..... 27. the learned judge of the tribunal has also taken the assistance of the definition of 'lineal consanguinity' defined in section 25 of the indian succession act, 1925. under this law the phrase 'lineal consanguinity' has been defined as below:25. lineal consanguinity--(i) lineal consanguinity is that which subsists between ..... well settled by various decisions of this court that the high court can interfere under article 227 of the constitution in cases of erroneous assumption or acting beyond its jurisdiction, refusal to exercise jurisdiction, error of law apparent on record as distinguished from a mere mistake of law, arbitrary or capricious ..... | married | | |__________________________________| | | sons sons four | ______________________ | | | 1)md zakaria 2) 3)14. point no. (i)import of section 83(9) of the wakf act:for better appreciation of the issue, the provisions of section 83 (9) are reproduced below:'83, constitution of tribunals, etc.(1) to (8) *** *** ***(9) no appeal shall lie .....
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
..... in the joint family property. in support of his contention mr. biswas has placed reliance upon a decision of the supreme court rendered in the case of sri narayan bal v. sridhar sutarreported in air 1996 sc 2371 : (1996 air scw 899). what has been observed by their lordships in this case is as under (at page ..... was further contended that the homestead, that is, dwelling house occupied by both male and female members cannot be partitioned in view of section 23 of the hindu succession act. he also denied all other materials averments of the plaint.11. the defendant no. 3 also congested the suit by filing a separate written statement and denied the material ..... of immovable property inherited by her, it should be shown--(1) that there was legal necessity, or(2) that the alienee, after reasonable inquiry as to the necessity acted honestly in the belief that the necessity existed; or(3) that there was such consent of the next reversioners to the alienation as would raise a presumption that the .....
Tag this Judgment!Court : Guwahati
..... police station to lodge an information. however, p.w. 1 claimed that after two days, he sent a complaint petition to the police station which was not acted upon. the bikhora police station, however, received intimation about the unnatural death of the deceased and after registering a case accordingly to ascertain the cause of the death ..... neighbours of p.w. 1, haran chandra vaidya (p.w. 4), an advocate who prepared the complaint as per the statement given by jatindra (p.w. 1), sudhangshu bal (p.w. 5), a constable, dr. makhan lal vaidya (p.w. 8), the medical officer who conducted the postmortem examination. the third category includes swapan kumar dey ( ..... for the failure by her father to pay the remaining amount of the dowry. the trial court rejected the prayer to consider release on probation of the offenders' act under section 360 of the criminal procedure code (for short, 'crpc') keeping in mind the present disturbing scenario in the society which is smeared with occurrences of torture and .....
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