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
..... 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
..... 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
..... 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
..... 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
..... following question to elucidate the two of the above cases. the question referred was 'whether the army authorities under the provisions of the armed forces special powers act, 1958 (act no. 28 of 1958) can arrest a citizen or an individual, male or female, without any invitation on the part of the police authority or without ..... of assam and army command-in-charge of operation, bajrang.9. in civil rule no. 2415 of 1990 the imposition of central rule, the notifications under 1955 act and 1958 act are assailed. a local journalist is the petitioner. the union of india, the state of assam, the joint secretary to the government of india, ministry of ..... students and for all these murders they claimed responsibility.part -- iii40. in this part we consider the validity of the impugned notifications under the 1955 and 1958 acts. in this regard rights which indian citizens have under the constitution relating to life, personal liberty and hearth of a person are briefly recounted. these rights are .....
Tag this Judgment!Court : Guwahati
..... below:- 11. we are of the view that in interfering with the concurrent findings of facts of the lower courts, the learned single judge of the high court acted in excess of the jurisdiction vested in him under section 100 of civil procedure code. the learned judge totally erred in his approach to the entire question and in reappraising and ..... to disprove the said contention with sufficient material though the burden of proof shifted to the defendant to disprove the same in view of section 102 of indian evidence act. the defendant has only stated in the written statement as well as in the evidence that surjya hazarika was only looked after by the husband of late punya ..... the appellant has also submitted that ext. 10 is also not admissible document becaused it has not been duly executed as per provision of section 85 of the evidence act. the appellant side has also further stated that dr. bani hazarika is the necessary party of the suit and considering the materials in its entirey, it is found .....
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
..... 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 .....
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