Court : Guwahati
..... on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the magistrate is of opinion that the personal attendance of the complainant is not necessary, the magistrate may, dispense ..... it only provides that those powers which the court already inherently possesses shall be preserved and is inserted, lest it should be considered that the only powers possessed by the court are those expressly conferred by the code and that no inherent power had survived the passing of the act.21. ..... mohammed jaros 2003 cri lj 149 and the judgment rendered by the bombay high court in the case of om gayatri and co. v. .....
Tag this Judgment!Court : Guwahati
..... risom, learned counsel for the petitioner submits that after the introduction of the post of dgp in the central and state police organisation, it is the dgp alone who would exercise all the powers which were exercisable by the igp before the introduction of the post of dgp and in order to enable the dgp to exercise the powers vested to igp as discussed above, government issued an order dated 29.3.1998 in exercise of the powers given under section 4 of the police act, 1861. ..... in this regard, an additional affidavit has been filed by the government respondent by explaining, inter-alia, that by virtue of the order dated 29.3.1988 issued by the department of personnel, government of manipur, under section 4 of the police act, 1861, director general of police exercises the powers and functions of the inspector general of police in addition to his normal duties w.e.f. ..... n-408664 which is also as a grave misconduct on his part being a member of disciplined force.the charges, as extracted above, were disputed, denied and controverted by the petitioner by filing a statement of defence and during the pendency of the departmental enquiry, the petitioner was reinstated to service by an order dated 5.9.2003 issued by the superintendent of police, ukhrul district, manipur.4. .....
Tag this Judgment!Court : Guwahati
..... even otherwise, the conclusion, reached in the decision aforementioned, to the effect that the seizure, in question, was within the jurisdiction, is an error, which is apparent on the face of the record, inasmuch as the seizure of the goods, in question, in the light of the relevant provisions of the act, were ex facie without jurisdiction and this becomes clearer, when the events, subsequent to the disposal of the writ petition, are taken into consideration inasmuch as the subsequent notice, dated april 16, 2008, clearly shows that the seizure of the goods had been made on the alleged ground of misclassification ..... while the first part reads, 'stock of goods was found not matching with the invoice produced', the second part states, 'goods taxable at the higher rate are found shown as taxable at the lower rate of taxes and thereby causing evasion of taxes payable under the avat act, 2003'. ..... deve gowda reported in : (1997)10scc462 and state of kerala v. p.t. .....
Tag this Judgment!Court : Guwahati
..... 9 by filing written statement denying, mteralia that there was all along nucleas of joint family business, that kisoon lal lala and bisoon lal lala were uterine brothers, that they were predecessors-in-interest of the plaintiffs, that they resided at central road, silchar, in joint mess and properties, that they adopted law of land and changed custom, and that they carried out money lending business against security of gold ..... 1 and 2 were late kisoon lal lala and late bisoon lal lala, who were uterine brothers and sons of late behari lal lala.the genealogy of the lala family deserves mentioning herein as below: behari lal lala __________________________|____________________________________________ | | k.soon lal lala (died 1943) (bisoon lal lala (died 1954) wife - kalabati devi - no issue | wife - parbati devi (died in 1963) | | ..... this partnership of three brothers was not acted upon and was used for the purpose of income tax only. ..... 12(1) to 12(6) (djed 2003) || _______________________________________________________________________________________________ | | | | | | | | | | || wife sabitri lala, motilal lala monoj lala dipak lala rina lala bina lala monoj la|a monoj lala || df. ..... 13 who died in 2003.5. .....
Tag this Judgment!Court : Guwahati
..... company in spite of receipt of all the documents, as sought for vide communication dated 1.8.2003, including the report in the final form submitted under section 173, cr pc and also the order of the learned magistrate dated 24.9.2003, repudiated the claim of the appellant for compensation for the loss suffered by him, vide communication dated 8.6.2004, on the ground that the driver has committed breach of trust and hence no compensation can be paid, the policy having not covered any liability occurred due to breach of trust committed ..... (supra) referring to the earlier decisions on the issue has observed that a writ petition under article 226 of the constitution of india may be maintainable against (i) the state (government); (ii) an authority; (ii;) a statutory body; (iv) an instrumentality or agency of the state; (v) a company which is financed and owned by the state; (vi) a private body run substantially on state funding; (vii) a private body discharging public duty or positive obligation of public nature and (viii) a person or a body under liability to discharge any function under any statute, to compel it to ..... in the case in hand, it is an admitted position of fact that the respondent/insurance company is a nationalized insurance company under the provisions of the general insurance business (nationalization) act, 1972 and government has pervasive control over it. .....
Tag this Judgment!Court : Guwahati
..... section 4 es act r/w section 25(1) arms act, r/w section 10/13 ua(p) act and senior superintendent of police, city has prayed for his detention under the national security act (nsa), 1980, i am satisfied that his detention is necessary since once he comes out of the judicial custody, there is every possibility that he may indulge in activities prejudicial to the maintenance of public order and security of the nation and hence the overwhelming compelling necessity ..... of mass, chief coordinator of pcpia & coordinator of pcg, ed the prayer of the senior superintendent of police (dsb) city, guwahati, vide letter referred to above, to consider detention of the subject under national security act on the grounds stated in the dossier.after careful study of the report and grounds stated in the dossier, it appears that shri lachit bordoloi @ bhaity son of late ..... the facts and circumstances of the case in its entirety and upon hearing the extensive arguments placed on record by the learned counsel for the parties as well as having regard to the judicial authorities cited above, we are of the considered view that the impugned detention order of the detenu is illegal and not tenable under the law and accordingly, the ..... pcpia & coordinator of pcg, who is presently detained in central jail, guwahati, assam be detained for a period of 3(three) months from the date of issue on this order.given under my hand and seal on this 29th day of march, 2008.sd/illigible(prateek hajela, ias)district ..... 2003 .....
Tag this Judgment!Court : Guwahati
Reported in : 2008(IV)GLT677
..... section 4 es act r/w section 25(1) arms act, r/w section 10/13 ua(p) act and senior superintendent of police, city has prayed for his detention under the national security act (nsa), 1980, i am satisfied that his detention is necessary since once he comes out of the judicial custody, there is every possibility that he may indulge in activities prejudicial to the maintenance of public order and security of the nation and hence the overwhelming compelling necessity ..... of mass, chief coordinator of pcpia & coordinator of pcg, ed the prayer of the senior superintendent of police (dsb) city, guwahati, vide letter referred to above, to consider detention of the subject under national security act on the grounds stated in the dossier.after careful study of the report and grounds stated in the dossier, it appears that shri lachit bordoloi @ bhaity son of late ..... the facts and circumstances of the case in its entirety and upon hearing the extensive arguments placed on record by the learned counsel for the parties as well as having regard to the judicial authorities cited above, we are of the considered view that the impugned detention order of the detenu is illegal and not tenable under the law and accordingly, the ..... pcpia & coordinator of pcg, who is presently detained in central jail, guwahati, assam be detained for a period of 3(three) months from the date of issue on this order.given under my hand and seal on this 29th day of march, 2008.sd/illigible(prateek hajela, ias)district ..... 2003 .....
Tag this Judgment!Court : Guwahati
..... been suggested that the workers to be used in the survey would be trained to have: (i) a complete understanding of the delicate and fragile nature of the pristine environment in which the work has been proposed to be carried out; (ii) knowledge of all likely effects, the activities are likely to have on the environment on aquatic fauna; (iii) the physical working situation in the filed and so on.therefore, in addition to the mitigating measures, if all the personnel to be engaged in the survey are pre-trained, we expect that the workers would act responsibly. ..... although the aforesaid suggestion appears to be broadly representative, we are of the opinion that a representative of the gauhati university should also be part of the monitoring committee.an appropriate communication therefore would be made by oil to the authorities mentioned above so that names of the appropriate nominees are furnished, who are be inducted as members of the monitoring committee to oversee the implementation of the mitigating measures set out in the eia report dated 7.8.2006 given by the gauhati university and names of the constituents of the monitoring committee be ..... it would not be appropriate for the court to intervene in such a matter which ought to be left for better judgment and appreciation by the experts.the learned counsel has referred to : 1991crilj1391 , peerless general finance and investment co. ..... the decision of the supreme court reported in : [2003]2scr1085 , federation of railway officers .....
Tag this Judgment!Court : Guwahati
..... on the basis of the support get ting from the evidence act as well as from the authority of the hon'ble apex court, i have looked into the medical report. ..... - whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.17. ..... just as a witness who has sustained some injury in the occurrence, which is not found to be self-inflicted, is considered to be a good witness in the sense that he is least likely to shield the real culprit, the evidence of a victim of sexual offence is entitled to great weight, absence of corroboration notwithstanding.inferences have to be drawn from a given set of facts and circumstances with realistic diversity and not dead uniformity lest that type of rigidity in the shape of rule of law is introduced through a new form of testimonial ..... in my considered opinion, even, if there was limited role of the appellant for selling the victim girl for the prostitution business, no leniency can be shown to the appellant inasmuch as he was a part of the racket to push the illiterate and innocent victim girl in the immoral profession. ..... having relied upon the prosecution evidence, the appellant has been convicted vide impugned judgment and order dated 4-7-2003 passed by the learned addl. .....
Tag this Judgment!Court : Guwahati
..... our anxious thought and consideration on all aspects of the matter on the basis of evidence on record and found that the prosecution has been able to prove its case beyond any shadow of doubt and the learned trial court rightly passed the impugned judgment and order convicting and sentencing the appellants which call for no interference by this court and accordingly we confirm the impugned judgment and order dated 10.6.2003 passed by learned sessions judge, morigaon in sessions case ..... witness surendra mohan goswami in his evidence stated that as per requisition of nellie police, he went to the place of occurrence and in his presence, all of you admitted that you dug the hole for the purpose of a latrine, but in that hole, subsequently you burried the dead body and at the time of removing the dead body, all of you dug it and the decomposed dead body was identified by one raju baraik.have you anything to say in this regard?ans. ..... kamar, learned public prosecutor submits that the delay in filing the fir would in no way affect the prosecution case considering the fact that the police registered the case immediately after getting the information and started investigation in utmost sincerity and quickness without any laches or negligence. ..... his presence at the place of occurrence and observing the act of beating the deceased and throwing the dead body in the pit in the compound of his father-in-law cannot be doubted or disbelieved. .....
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