Santanu Das And 2 Ors. Vs Kalpana Hazarika And 3 Ors
.... her manner. In this regard, this Court finds it very pertinent to reproduce the contents of Order V Rule 17 of the Code, which reads as hereinbelow: “17. Procedure when defendant refuses to accept service, or cannot be found.- Where the defendant or his agent or such other person as aforesa ...
Gauhati High Court
Dr. Dibyajyoti Mahanta Vs Krishna Kanta Handiqui State Open University And 2 Ors.
.... standing the service conditions laid down in the appointment order dated 20-10-2020 providing that the petitioner would hold office in the post of Dean (Study Centre) for a term of “05 years or till he attains the age of 60 years, whichever is earlier”, whether the appellant/ writ petitioner wou ...
Gauhati High Court
Manash Pratim Rajkonwar Vs State Of Assam And 6 Ors
.... t always possible. This Court has shown one way out of an impasse — exclude the suspect or offending question. 32. It is rather unfortunate that despite several decisions of this Court, some of which have been discussed above, there is interference by the courts in the result of examinatio ...
Gauhati High Court
Dipak Gogoi Vs State Of Assam And Anr
.... s cross-examination is extracted in verbatim: “The function was held in Kulajan. It is not a fact that while making statement to the police, I didn't state that I had gone to watch the function. It is not a fact that while making statement to the police, I stated that I was at home. While ...
Gauhati High Court
Rajani Choudhury And 2 Ors Vs State Of Assam And 6 Ors
.... he criterion of length of service laid down in Upen Das (supra), the salaries of the petitioners are also paid in their bank account which would prima facie establish their claim. 9. After consideration of the rival submissions and the materials on record, this Court has noticed that in the ...
Gauhati High Court
Damayanti Bora Vs Neelamani Bora And Ors.
.... ty of the propounder to dispel such suspicious circumstances by giving a cogent and convincing explanation. xi. Suspicious circumstances must be ‘real, germane and valid’ and not merely ‘the fantasy of the doubting mind’1. Whether a particular feature would qualify as ‘suspicious’ would dep ...
Gauhati High Court
Nur Mohal Begum Vs State Of Assam And 4 Ors
.... out the facts, and the applicant must state fully and fairly the facts; and the penalty by which the court enforces that obligation is that if it finds out that the facts have not been fully and fairly stated to it, the court will set aside any action which it has taken on the faith of the imper ...
Gauhati High Court
Pradip Kumar Dev Mahanta Vs State Of Assam And 8 Ors
.... raised. It has also been contended that no reply has been received on this aspect till date. 12. The rival contentions of the learned counsel for the parties have been considered and the materials available on record have also been carefully examined. The original records produced by the He ...
Gauhati High Court
Bidyut Kumar Deb Vs State Of Assam And 4 Ors
.... ar & Ors., 1993 Supp (4) SCC 748; ii) State of Uttar Pradesh & Ors. Vs. Roshan Singh & Ors., (2006) 13 SCC 661; and iii) Union of India Vs. Hemraj Singh Chauhan & Ors., (2010) 4 SCC 290. 7. This Court has, however, noted that the cases of Nalini Kant Sinha (supra) ...
Gauhati High Court
Sirajul Islam Vs Firoza Begum And 4 Ors.
.... to the decision in respect to Issue No.6, the other issues of landlord tenant was held in favour of the plaintiff holding that there was a landlord tenant relationship and the Issue Nos. 3 and 4 as regards defaulter in payment of rent and bona fide requirement were also held in favour of the pl ...
Gauhati High Court
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