Court : Guwahati
..... a writ of certiorari or the exercise of supervisory jurisdiction is to be invoked sparingly and only in appropriate cases where the judicial conscience dictates to act lest a gross failure of justice or grave injustice should occasion. the apex court therefore in emphatic and categorical terms exalted the jurisdiction under articles 226 ..... the effective management of the tea estate, the appellant/petitioner was engaged for and on behalf of the deity on commission basis and accordingly he assisted and acted for an on behalf of the respondent no. 1 for the maintenance, management, accounts works etc. the respondents have alleged that the appellant/petitioner taking ..... gulbahar sheikh and ors. : (2004)4scc664 prescribing a remedy of regular suit to a unsuccessful party in a suit under section 6 of the specific relief act, 1963. as inspite thereof, the satradhikar refused to hand over the possession of the tea estate to the appellant/petitioner and continued with his possession thereof, the .....
Tag this Judgment!Court : Guwahati
..... 203) (supra), that for the purpose of determining as to whether 'consent' existed or not, not only the previous conduct of the accused, but even his contemporaneous acts or the subsequent conduct can be legitimate guides. this, in turn, shows that while determining the question whether 'consent' existed or not, the court has to take into ..... that a woman had submitted to the promise of the accused does not necessarily indicate that her 'consent' existed unless the evidence on record establishes that the sexual act, which the prosecutrix had allowed, was accompanied with deliberation after the mind had weighted, as in a balance, the good and the evil on each side ..... . p. c. requires voluntary participation by the victim not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act, but after having fully exercised the choice between resistance and assent. whether consent existed or not has to be ascertained on the basis of the facts of a .....
Tag this Judgment!Court : Guwahati
..... and relevant justifying the discharge of a probationer, mere omission to mention the same in the order would not necessarily be fatal if taken note of and acted upon by the authority concerned. the sequence of events noticed hereinabove and the relevant facts available before the administrative committee proclaim that its resolution followed a well ..... became confirmed under the said rules, the apex court reiterated its view in sukhbans singh, surpa, and concluded that even though a probationer may have continued to act in the post to which he was appointed on probation, he could not become a permanent servant merely because of efflux of time, unless the rules of ..... on 10/9/2002, the informant had submitted a complaint before the registrar general of this court stating about the same and leveling other allegations against him as well. acting on this complaint, the registrar (i & e) of this court by his letter dated 16/ 11/2002 requested the chief judicial magistrate, tinsukia, to submit .....
Tag this Judgment!Court : Guwahati
..... be guilty under section 302 read with section 149, i. p. o.39. i have already mentioned above that the present accused never formed an unlawful assembly and they merely acted in the exercise of their right of private defence and they did not exceed that right as such none of them can be deemed to be guilty under section 147 ..... case no common object of all- the accused for committing the murder of abdul mia has been established and as the accused nos 1 to 5 did not commit any act in this connection and they did not cause any injury to abdul mia they cannot be held constructively liable under section 149, ipc vide also 'suba chaudhuri v. the king .....
Tag this Judgment!Court : Guwahati
..... subordination of assistant sessions judges....(3) the sessions judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an additional or assistant sessions judge, or, if there be no additional or assistant sessions judge, by the chief judicial magistrate, and every such judge or magistrate ..... ', while converting sub-section (2) of section 193 of the old code into section 194 of the new code, was not an accidental omission, but a deliberate act of codification becomes transparent if one takes into account the provisions of the code, both old as well as new, which relate to hearing of appeals. for this ..... land for agricultural purposes from a tenure holder and who is not an occupancy tenant under section 169 or as protected lessee under the berar regulation of agricultural leases act, 1951, shall be ordinary tenant of such land.explanation section - for the purposes of this(i) any person who pays lease money in respect of any .....
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
..... treated to be reliable, rather created some doubt about the credibility. for this purpose, mr. biswas has invited our attention to the provisions of section 114(g) of the evidence act, which reads as 'that evidence-which could be and is not produced would, if produced, be unfavourable to the person who holds it'. mr. biswas has also referred to a .....
Tag this Judgment!Court : Guwahati
..... reported in air 1995 sc 980 wherein it has been ob served as under:unless the court is satisfied that the confession is voluntary in nature, it cannot be acted upon and no further inquiry as to whether it is true and trustworthy need be made. thus, wherein a murder case, the magistrate recording confessional statement of accused ..... and rely upon it. the exact statement of the accused person leading to information and discovery is needed to make it admissible in evidence under section 27 of the act. in the instant case, neither the record nor the testimony of the witnesses does reveal that such statement of the appellant who is in police custody confessing the ..... is no evidence on record that the statement as required under the law had been recorded in verbatim of appellant anup nath by pw15. section 27 of the evidence act reads as under:section 27. how much of information received from accused may be proved-provided that, when any fact is deposed to as discovered in consequence of .....
Tag this Judgment!Court : Guwahati
..... . according to mr. ghosh that the high court would certainly interfere if it finds that the judgment is manifestly erroneous and that the trial court has acted with material irregularity or its appreciation of evidence lacks coherence or it has made assumptions which are unwarranted or its evaluation of evidence is such as to ..... taken a different view. the high court will certainly interfere if it finds that the judgment of acquittal is manifestly erroneous and that the trial court has acted with irregularity or its appreciation of evidence lacks coherence or it has made assumptions which are unwarranted or its evaluation of evidence is such as to shock ..... the place of occurrence, had found that the accused-persons/respondents had been felling a tree in a disputed land for which he had protested against their illegal act. at that very moment the accused/respondent monoranjan paul directed the co-accused/co-respondent nikhil to strike the husband of the informant and thereafter nikhil had .....
Tag this Judgment!Court : Guwahati
..... offence of 'murder' punishable under section 302 ipc, he has spoken not even a word to let the members of the court know as to when an act, though an act of 'killing', may not necessarily amount to the offence of 'murder' and fall in the category of those offences, which are described as 'culpable homicide ..... .' therefore, before judging an accused guilty on circumstantial evidence, the court must be satisfied not only that circumstances are consistent with the accused having committed the act, but also that they are inconsistent with any other rational conclusion.'56. from the above advice tendered by the law officer, it is apparent that while the ..... the accused having been lodged by the coy. commander, moreh coy. the bsf authorities exercised their discretion, under section 80 of the border security force act, 1968 (in short, 'bsf act'), to institute a general security force court (in short, 'gsfc'). a gsfc was accordingly convened and the respondent herein faced the trial on the charge .....
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