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
..... 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
..... to society in general. the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interest of society is not to be treated completely with disdain and as persona non grata. the courts have always been considered ..... first appellate courts cannot get swayed by abstract technicalities and close their eyes to factors which need to be positively probed and noticed. the court is not merely to act as a tape recorder recording evidence, overlooking the object of trial i.e. to get at the truth, and oblivious to the active role to be played ..... father would not have dared to establish physical relation within few days of her returning home. the victims testimony is totally silent to disclose that before committing the act of sex, the accused had made certain overtures or had given certain indications of his bad intention and the victim had objected to that. 10. pw-2 is .....
Tag this Judgment!Court : Guwahati
..... conduct on the part of the appellant, in our considered opinion, is certainly a relevant fact to draw adverse inference against the accused under section 8 of the evidence act, 1872. in the case of dhananjoy chatterjee v. state of west bengal : [1994]1scr37 , the hon'ble supreme court has held that absconsion of an accused ..... considered along with other evidence but its value would always depend on the circumstances of each case. normally the courts are disinclined to attach much importance to the act of absconding, treating it as a very small item in the evidence for sustaining conviction. it can scarcely be held as a determining link in completing the chain ..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. case law discussed.12. the other noticeable judgments ex pounding legal principles for cases based on circumstantial evidence are c. .....
Tag this Judgment!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 .....
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
..... 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
..... 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
..... 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 .....
Tag this Judgment!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 .....
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