Arati Medhiand 11 Ors Vs Tapon Chandra Medhi And 9 Ors
.... uccession? 2. Whether the learned lower appellate court erred in holding the suit to be barred by limitation? 8. I have considered the submissions made by the learned counsels of both sides. 9. According to Mulla’s principles of Hindu Law, Sapindas are those who is bound to offer ...
Gauhati High Court
Secretary To The Govt. Of Assam And 3 Ors Vs Md. Muhibur Rahman
.... ed upon a work completion certificate (Exhibit-3) issued to him by the Executive Engineer, Water Resources Division, Mangaldai to show that the respondent has already completed the work. The document contains the signature of the Executive Engineer. 13. Section 67 of the Indian Evidence Act ...
Gauhati High Court
Rejiya Ahmed Vs National Insurance Co. Ltd And 2 Ors
.... 198 wherein the Hon’ble Apex Court has held that when no evidence are available and when a person is self employed taking note of the nature of employment, the principle of minimum wage fixed under the minimum wage Act can be applied in determining the income. 8. In this regard the learned ...
Gauhati High Court
M/S Chandakhola Beel Fishery Co-Operative Societies Ltd. Vs State Of Assam And 6 Ors
.... y basis. It is contended that in the fresh NIT dated 15.11.2019, the Government has fixed the value of the Fishery in question as Rs.8,00,101/- whereas the rate offered by the appellant Society pursuant to the fresh NIT is Rs.1,61,00,707/- and as such, it is clear that the rate offered by the app ...
Gauhati High Court
Dr. Jogmaya Saikia Vs Union Of India And 5 Ors
.... d the petitioner had accepted the said order and therefore, petitioner cannot claim that her employment in the REC (now NIT Silchar) is a regular employment and not a re-employment. In the said circumstances, the learned counsel for the respondents submits that there is no merit in the present w ...
Gauhati High Court
Iqbal Hussain Laskar Vs Ayaz Uddin Hazari And Anr
.... gment, read as under: “30. In a commentary the following observations have been made with regard to offence punishable under section 138 of the N.I. Act. [Cited from : Arun Mohan, Some thoughts towards law reforms on the topic of Section 138 Negotiable Instrument Act -Tackling an avalanche ...
Gauhati High Court
Mithun Rajbongshi Vs State Of Assam And Anr
.... 2.2. During cross examination, PW-8 revealed that he had not seized any article from the place of occurrence nor had he collected the victim's age certificate or any papers in connection with village 'bichars'. PW-8 confirmed the fact that PW-1 had not stated before him that Suren Rajbongshi had ...
Gauhati High Court
Babul Ali Vs State Of Assam And Anr
.... convicted the appellant u/s 304 Part-II IPC and sentenced him to suffer R.I. for ten years and also to pay fine of Rs.20,000/- with default stipulation. Perused the memo of appeal and the grounds mentioned therein Admit. Issue notice to the respondent returnable in four weeks. St ...
Gauhati High Court
India Vs On The Death Of Jatin Chandra Sarmah His Legal Heirs,
.... opposed the submissions advanced by the learned counsel for the appellant and has argued that recovery of such heavy amount from the widow and son of the deceased employee would not only be illegal but also highly inequitable in the facts and circumstances of the case. 8. We have considere ...
Gauhati High Court
Md Esub Ali @ Eusob Ali @ Riachab Ali Vs Union Of India And 5 Ors
.... always on the said proceedee and never shifts. In the said Section, there is non-obstante clause that the provisions of the Indian Evidence Act would not be applicable. For ready reference, Section 9 is extracted hereinbelow- “9. Burden of proof.—If in any case not falling under Section 8 ...
Gauhati High Court
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