Court : Guwahati
..... of the petitioners. therefore, in view of the decision of the supreme court in dr. mahachandra prasad singhs case, it cannot be said that the speaker has acted without jurisdiction. the detailed objections filed by respondent no.4 did give rise to a question of the propriety or the conduct of the petitioners in joining the bjp ..... kihota hollohon v. achihu, (air 1993 s.c. 413) wherein it has been observed by the supreme court as follows:- "the underlying premise in declaring an individual act of defection as forbidden is that lure of office or money could be presumed to have prevailed. legislature has made this presumption on its own perception and assessment of ..... merger and stated that three of the mlas, who have joined the bjp, have voluntarily left the party. the national president of ncp appointed one semdok as the acting president of the state unit of the ncp. the said semdok also filed a petition before the speaker seeking disqualification of three of the mlas who claimed to .....
Tag this Judgment!Court : Guwahati
..... , learned counsel for the appellants/defendants, that the amount of compensation ought to have been calculated as per clause 6 of the second schedule to the motor vehicles act, 1988 taking the notional income at rs.15,000/- per annum does not have any force in the eye of law. there was material evidence available on record ..... produce any certificate as proof of income of the deceased this is a case of no income falling under clause 6 of the second schedule to the motor vehicles act, 1988. therefore, applying the multiplier as per clause 6, the compensation amount given by the lower appellate court is excessive. he submits that under the said ..... quoted herein below :- 1. whether in the absence of any statutory report of the accident by the senior electrical inspector as required under section 161 of the electricity act, 2003 the appellant can be made liable for payment of compensation for the death of the plaintiffs husband due to electrocution? 2. whether the learned first appellate court .....
Tag this Judgment!Court : Guwahati
..... the while allowing the claim application the tribunal has failed to take into consideration the objection raised by the appellant that there is no provision in the railway claims tribunal act, 1987 for deciding the case of terminal charges. it is stated that though terminal charges was initially levied only on bulk and loose commodities in terms of rate circular no ..... standing counsel, railways appearing for the appellant. also heard mr. a. goyal, learned counsel for the respondents. 2. this is an appeal under section 23 of the railway claims tribunal act, 1987 against the judgment and order dated 01.07.2011 passed by the learned railway claims tribunal, guwahati bench, guwahati in application no.106 of 2008. 3. the brief facts .....
Tag this Judgment!Court : Guwahati
..... the accused has no intention to marry the victim girl. 19. so in the given background of the case, it can he held that the accused never acted with malafide intention while making such promise to marry the victim and not keeping his promise and mere breach of promise without malafide intention cannot amount to deception ..... even than we can assume that she was at the verge of majority and has adequate intelligence and maturity to understand the significance and morality associated with the act she was consenting to. the physical relationship had clearly developed out of love and affection between both the parties. she was also conscious about the complications and ..... and possessed, but cannot be transferred, alienated. 8. attention of the court has been invited to the matters on record which can only reveals that the accused acted bonafide since inception of relation between the parties. reliance has also been placed upon the case laws reported in (1997) 6 scc 499 (jibriwal diwan vs.- state .....
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
..... various punishments awardable by the security force court are specified in section 48 of the border security force act, 1968 (hereinafter referred to as the bsf act ) and apart from dismissal, other punishment options are available under section 48(1)(c) of the bsf act. in my view the mitigating factors in respect of the delinquent constable were not taken into account by .....
Tag this Judgment!Court : Guwahati
..... employee, the standard of proof is preponderance of probabilities and some relevant material to justify the conclusion reached by the enquiry officer and the writ court is not expected to act as an appellate authority to judge the merit of the conclusion reached by the enquiry officer. interference would be justified only when there is procedural error leading to manifest injustice ..... the basis of the guilty finding, the management dismissed the delinquent w.e.f. 6.11.2001. accordingly a reference was drawn up under section 10 of the industrial disputes act on the legality of the dismissal order and the matter was referred for consideration of the learned industrial tribunal at dibrugarh. the management chose not to rely on the domestic .....
Tag this Judgment!Court : Guwahati
..... under section 11 of the arbitration act, is to satisfy himself on the existence of the arbitration agreement between the litigating parties. however there is no scope for further examination about whether a claim ..... with a dispute not coming within the purview of arbitration, it is a jurisdictional error, which is rectifiable in a proceeding under section 34 of the arbitration act. therefore this decision in my view, does not support the owner s contentions. 15. the supreme court had already held that the judge while exercising jurisdiction ..... of the owner to the demand for arbitration, the contractor has applied for nomination of arbitrator by the court, under section 11(6) of the arbitration act. in such proceedings for appointment of arbitrator, the chief justice or his delegatee must be satisfied that the application is presented in the competent high court. .....
Tag this Judgment!Court : Guwahati
..... so at any later stage of the proceeding by filing application which would inevitably delay adjudication of the proceeding thereby frustrating the very purpose and object of the industrial disputes act, 1947. 29. the hon ble supreme court in karnataka state road transport corporation -vs- lakshmidevamma (smt.) and anr., reported in (2001) 5 scc 43, ..... the earliest stage and file the application for that purpose without any unreasonable delay. but when the question arises in a reference under section 10 of the act after the workman had been punished pursuant to a finding of guilt recorded against him in the domestic enquiry, there is no question of the management ..... court, dibrugarh by the appropriate government i.e. government of assam in the labour and employment department u/s 10(1)(c)(d) of the industrial disputes act, 1947 vide notification dated 10-10-1995. the following issues were referred to adjudication by the labour court :- (i) whether the management of hukanpukhuri tea estate .....
Tag this Judgment!Court : Guwahati
..... there is no averment that any complaint was lodged by any other person. there is also no allegation that procedures to be adopted as required under the excise act and the excise rules were not followed, save and except saying that the plaintiffs had obtained the licence by disclosing herself to be a divorcee and that there ..... court, appellant is continuing her business of operating imfl on bar. there was no pleading whatsoever that the authorities did not follow the procedure enjoined by the excise act and the excise rules before issuing the licence to the defendant no.1 and in absence of even a faint plea in this regard, finding of the learned ..... the impugned judgment of reversal passed by the learned lower appellate court in shifting the burden of proof to the defendant regarding compliance of provisions under the assam excise act, 1910 and the rules framed there-under in absence of any allegation of non-compliance of requirements is sustainable in law? 5. as the learned counsel for the .....
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