Court : Guwahati
..... of the legislature in fixing certain mandatory periods of limitation under section 468 crpc. in my considered view, while exercising discretionary powers given under section 473, courts are bound to act within the contours of the law and subject to fulfilling pre-conditions set out therein. any inappropriate and injudicious exercise of discretionary powers would offend the fundamental rights of the .....
Tag this Judgment!Court : Guwahati
..... it within the purview of the 'death occurring otherwise than in normal circumstances.' the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... course, as a matter of prudence, may be looked for, but the court can base a conviction without corroboration, if in its opinion it is reasonably safe to act upon such testimony without corroboration. relationship again has to be understood in a relative sense, for, it is common experience that litigations and murders take place even between ..... . sofiuddin sheikh and ors. reported in 1981 crl. l.j. noc 4 (gau.), a division bench of this court dealing with section 3 of the evidence act referring to the relationship of the witnesses held as follows:relationship of the witnesses by itself, is no ground for rejecting their testimony if it is otherwise consistent, .....
Tag this Judgment!Court : Guwahati
..... the basis of such a tenancy, the house on rent.32. what, however, must be borne in mind, while considering the question posed above, is that the act is silent with regard to the mode of creation of relationship between two persons as 'landlord' and 'tenant'. nevertheless, what cannot be disputed is that the relationship of ..... providing a self-contained mechanism for preventing, on the one hand, harassment of tenant and protecting, on the other, the interest of landlord. the procedure, prescribed by the act, is summary in nature so that the proceedings do not suffer from delay, which a suit, ordinarily, suffers from. in order to ensure that the proceedings between a ..... context of the facts and circumstances of the present case, as the landlord of the defendant, though, agrees mr. sarma baruah, the definition of landlord under the act, is an expansive definition and covets anyone, who may be receiving rent from a tenant.8. contending that the impugned decree is not sustainable in law, mr. .....
Tag this Judgment!Court : Guwahati
..... orders are appellable orders and thus, the petitioner has an alternative remedy of preferring appeals against the same. the provisions for appeal are inbuilt in the act. in fact, the petitioner on earlier occasions had approached the appellate authority making the grievance against the assessment orders. but the petitioner invoked the writ jurisdiction ..... and liabilities for the relevant years. as regards the plea of the petitioner that the condition precedent for exercising the jurisdiction under section 18 of the act was not available, the respondents in their counter-affidavit have stated that the assessing authority had proceeded against the petitioner only after receipt of definite ..... . it is the further plea of the petitioner that respondent no. 4 committed error in law in invoking section 18 of the assam general sales tax act, 1993.13. the respondents have filed their counter-affidavit justifying the impugned action. in paragraph 5 of the counter-affidavit, it has been stated that .....
Tag this Judgment!Court : Guwahati
..... if the court, tribunal or authority, deciding the case, has ignored vital evidence and thereby arrived at erroneous conclusion or has misconstrued the provisions of the relevant act or misunderstood the scope of its jurisdiction, the constitutional power of the high court under articles 226 and 227 can be invoked to set right such errors and ..... may be resorted to, though this power should be resorted to sparingly and only in appropriate cases, where the judicial consciousness of the high court dictates it to act, lest a gross violation of justice or grave injustice should occasion.34. having referred to the question of facts and the law involved in sadhana lodh : [2003 ..... be resorted to, though this power should be resorted to sparingly and only in appropriate cases, where the judicial consciousness of the high court dictates it to act, lest a gross violation of justice or grave injustice should occasion.58. we agree that an insurer cannot maintain a writ petition 'on grounds other than those .....
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
..... 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 along to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration of her ..... shadow of doubt. if in the evidence of sole witness, doubt creeps in, no conviction can be warranted since such testimony cannot be branded as 'wholly reliable'. evidence act provides that no number of witness is required to prove the guilty of the accused. therefore, in a rape case, which is generally committed without the sight of others ..... trial court. hence the impugned order is devoid of any legal basis and liable to be set aside and quashed.(ix) for that the learned trial court below acted ih a very mechanical and arbitrary manner which is clear from the fact that the alleged accused who was aged 18 years 10 months only at the time of .....
Tag this Judgment!Court : Guwahati
..... only because on technical grounds or otherwise an order of termination is found to be in contravention of the provisions of section 6-n of the u.p. industrial disputes act. while granting relief, application of mind on the part of the industrial court is imperative. payment of full back wages cannot be the natural consequence.32. in the case of .....
Tag this Judgment!Court : Guwahati
..... sustained grievous injuries as a result of the said accident and succumbed to her injuries at the hospital.3. the claimant, then, made an application under section 166 of the mv act, 1988, and sought for a sum of rs. 5,00,000/- as compensation. a claim proceeding was accordingly initiated against one nishiranl hazarlka, who is respondent no. 1 ..... the said three specified modes of agreement, namely, (i) hire-purchase agreement, (ii) agreement of lease, or (iii) agreement of hypothecation. thus, while under the m.v. act, 1939, even a person, who might have had stolen a vehicle and committed an accident, could have, perhaps, been regarded as the owner of the vehicle, for, he had the ..... control and possession of the vehicle, the definition of owner, now, given under m.v. act, 1988, makes it clear that the possession of a vehicle has to be acquired through the three specified modes, as given under section 2(30), in order to treat a .....
Tag this Judgment!Court : Guwahati
..... issued by the revenue department, government of meghalaya under the provisions of sections 4(1) and (2) and 17(1) and (4) of the land acquisition act, 1894 ('the act' for short) for acquiring about 7.879 acre situate at maxwelton estate, kench's trace, shillong for construction of office complexes on the ground that there is ..... millie hazarika, the learned counsel for the petitioner, makes two-fold submissions, namely, (i) the impugned notifications issued under sections 4 and 17(4) of the act did not indicate the urgency for taking possession of the land of the petitioner, and therefore, the same is vitiated; the petitioner is thereby illegally deprived or her right ..... of a fair and just opportunity of putting forth its objections for due consideration of the acquiring authority. while applying the urgency clause, the state should indeed act with due care and responsibility. invoking urgency clause cannot be a substitute or support for the laxity, lethargy or lack of care on the part of the .....
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