Court : Guwahati
..... also been deprived from the entire share in the property of his father. the deprivation of the said natural heirs, more particularly the son, appears to an unnatural act. the active role played by the propounder, who is also a beneficiary of the will fortifies the existence of suspicious circumstance. therefore, the propounder (pw 1) ..... the cause of death was drowning. (iv) on his death, the appellant, claiming to be his legal heir, filed an application under section 372 of the indian succession act, 39 of 1925, seeking a succession certificate for herself and their minor son. this application was registered as misc. (succession) case no. 88/2002. the present respondent ..... separation, was living separately and the appellant instituted a proceeding, being misc.(j) case no. 128 of 2001, under sections 18/20 of the hindu adoptions and maintenance act, 1956, seeking maintenance allowance for herself and their son from the deceased husband. (iii) on 21.01.2002, in misc. case no. 128 of 2001, the .....
Tag this Judgment!Court : Guwahati
..... ipc and 323/34 ipc. 26. from the aforesaid discussion of the deposition of prosecution witnesses, it appears that none of the prosecution witnesses has attributed any individual act to any of the accused persons relating to the injuries inflicted on the person of japiar (deceased). the prosecution case is that since the appellants in crl.a. ..... evidence of those witnesses the common intention of the appellants in crl.a. no.161/2010 can be inferred, in furtherance of which they have done a criminal act, when there cannot be any direct evidence of common intention and hence the trial court has rightly convicted the appellants in crl.a. no.161/2010 under ..... witnesses examined in support of the charges framed, has submitted that it is apparent from the evidence adduced that the prosecution could not lead any evidence attributing individual act of assault by any of the accused persons on japiar (deceased), apart from the meeting of mind of the appellants, so as to constitute the common intention .....
Tag this Judgment!Court : Guwahati
..... by the member secretary, mizoram state legal services authority which was issued in exercise of powers conferred under sub section (1) of section 19 of the act nominating various members to constitute benches of permanent lok adalats in the districts. as already noticed above, section 19 deals with organization of lok adalats and does ..... under various statutes. such a provision cannot be termed as being ultra vires to the constitutional principles. 11. a readying of chapter vi-a of the act would show that permanent lok adalats are established for the purpose of pre-litigation conciliation and settlement of disputes in respect of public utility service as defined ..... same could not be settled between the parties even after conciliation. accordingly, by resorting to the provision of sub-section (8) of section 22c of the act, the lok adalat decided the dispute between the parties as indicated in the award. this court held that since the matter related to prelitigation conciliation and settlement, .....
Tag this Judgment!Court : Guwahati
A.M. Sapre, CJ. None for the petitioner. Heard Ms. T. Khro, learned Govt. Advocate, Nagaland. On 25.05.2006 this Court passed the following detail order while entertaining this taken up writ petition, in our extraordinary jurisdiction under Article 226/227 of the Constitution of India relating to PIL. This writ petition has been taken on file on the strength of a letter addressed by one Mrs. Subra Nath, wife of Late Subrata Nath, in which it is, inter alia, alleged that on 5.6.1997 at about 11 AM her husband was brutally murdered by none other than his own brother at Dimapur, Nagaland. The accused surrendered himself to the Dimapur West Police Station. Thereafter, a charge sheet was filed against the accused by the police. It is alleged that the investigation was lopsided one, which ultimately resulted in acquittal of the accused. It is further alleged that even the trial court was not fair in conducting the trial as it had not taken into account the statement of the persons, who were ...
Tag this Judgment!Court : Guwahati
..... jurisdiction on account of its website being accessible in delhi first, as bulk of the submissions have been advanced on this issue. section 134(2) of the act uses the expression "carries on business". the objective of inserting section 134(2) was to provide the plaintiff a convenient forum to file a suit for infringement, ..... of the aforesaid discussion, we are of the considered opinion, that the submissions of the learned counsel for the appellant that seciton 134 of the trade marks act overrides the provisions of section 20 of the code of civil procedure and that it impliedly repeals the said provisions, is found to be devoid of merit and ..... plaintiff, a partnership firm, has its registered office at khairthal in the district of alwar, rajasthan. respondent no. 1 is also a company incorporated under the companies act, 1956 and has its registered office bhagwati sadan, swami dayanand marg, alwar, rajasthan and such a company is also engaged in the business of manufacturing and marketing of .....
Tag this Judgment!Court : Guwahati
..... can settle such land under section 17 to deserving persons including displaced persons affected by flood, erosion earthquake etc. the provisions of the ceiling act indicates that the government can take over ceiling surplus land from land owner but opportunities are required to be provided to the affected person ..... factory building, staff building, hospitals, seed bari and land needed for rotational plantation to maintain the planted areas are recognized ancillary purpose. thus ceiling act itself permits retention of additional land beyond special cultivation or those lands which are utilized for purposes ancillary to tea cultivation. 14. the land owner ..... the petitioner through their undated representation (annexure-i) projected that declaration and taking over of the ceiling surplus land was not in accordance with the ceiling act. more specifically, the petitioner contended that the land used for seed bari [under sub-section (viii)] and land utilised for rotational plantation to manage .....
Tag this Judgment!Court : Guwahati
..... package policy covers the liability, there cannot be any dispute in that regard. we may hasten to clarify that the earlier pronouncements were rendered in respect of the act policy which admittedly cannot cover a third party risk of an occupant in a car. but, if the policy is a comprehensive/package policy, the liability would ..... that a comprehensive/package policy would cover the liability of the insurer for payment of compensation for the occupant in a car. there is no cavil that an act policy stands on a different footing from a comprehensive/package policy. as the circulars have made the position very clear and irda, which is presently the statutory authority ..... a large number of decisions it had rendered earlier wherein it was held that a passenger would not be a third party within the meaning of the act in respect of act policy, opined that the matter required deeper scrutiny and accordingly, had referred the matter for consideration by a larger bench. 24. the tariff advisory committee .....
Tag this Judgment!Court : Guwahati
..... the ex-gratia. it is in this context, mr. n. deka, learned counsel for the petitioner has submitted that the management cannot be forced to do any particular act beyond the statutory obligation and / or limitation. the tribunal while answering this issue has only referred to para 2 of the written statement filed by the management, which reads ..... , to be left entirely to the discretion of the management. 17. as per the definition of the term employee defined under section 2(13) of the payment of bonus act, 1965 (as was applicable at the relevant time) employee means any person (other than an apprentice) employed on a salary or wage not exceeding (three thousand five hundred ..... of having heavy financial losses over the years, they extended helping hands to the workers and staff members who had crossed the eligibility criteria under the payment of bonus act, 1965. in the year 2003-04, its financial position had completely collapsed and as such it was not possible for it to pay any ex-gratia to .....
Tag this Judgment!Court : Guwahati
..... application under order ix rule 13 of the code of civil procedure itself was not maintainable, there was no question of allowing the application under section 5 of the limitation act. this judgment and order dated 04.01.2014 has been challenged in this present revision petition by the defendant. 3. mr. nk kalita, learned counsel for the petitioner submits that .....
Tag this Judgment!Court : Guwahati
..... the plaintniff to determine their vakalatnama from the aforesaid suit and a notice may be issued to the plaintiff, if not present, for the ends of justice. and for this act, the advocates for plaintiff as in duty bound, shall ever pray. [10] now, this application came up for consideration before the learned court on 27.08.2010 on which date .....
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