Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Sorted by: old Court: guwahati Page 2 of about 702 results (0.253 seconds)

National Insurance Company Ltd. Vs. Rana Dev Sutradhar and ors.

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 .....

Union of India (Uoi) and ors. Vs. Shree Ganapati Rolling Mills (P.) Lt ...

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 .....

Nambam Mangi Singh and ors. Vs. Keisham (N) Inakhunbi Devi and ors.

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 .....

Taiyab (Md.) and anr. Vs. Meghalaya Board of Wakf and ors.

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 .....

Jayram Rabidas Vs. State of Assam

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 .....

Haren Patgiri Vs. State of Assam

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 .....

Smt. S.K. Shangring Lamkang and anr. Vs. State of Manipur and ors.

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 .....

Lebudhar Chetia @ Lambodhar Chutia Vs. State of Assam

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 .....

Union of India, Represented by the Deputy Director of S.I.B. Vs. Surjy ...

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 .....

inspecting Assistant Vs. Tarajan Tea Co. (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1988)24ITD440(Gau.)

..... were before the ito at the time of the original assessment, we hold that the ito had no jurisdiction to re-open the assessment under section 147(a) of the act. the cit(a) was accordingly justified in cancelling the ito's order of re-assessment under section 147(a).7. now coming to the additional ground raised at the time ..... discovered by the income-tax officer will not necessarily amount to disclosure within the meaning of this section.there was a similar explanation to section 34 of the income-tax act, 1922. the scope and intent of explanation to section 34 has been explained, by their lordships of the supreme court in the case of calcutta discount co. ltd. v. ito ..... to the extent of rs. 5,00,000 and, therefore, the ito had the necessary jurisdiction to re-open the assessment within the meaning of section 147(a) of the act. it was pointed out that during the course of reassessment proceedings for the assessment years 1972-73, 1973-74 and 1974-75, the ito on the basis of information gathered .....