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Bibekananda Das Vs. State of Assam and ors.

Court : Guwahati

Subject : Service

Acts : Constitution of India - Articles 14, 16, 31(2), 32, 162, 226 and 309; Assam Police Service Rules, 1966 - Rules 2, 4, 4(1), 5, 5(1), 5(1)(6), 6, 7, 7(1), 7(4) to 7(7), 8, 8(1), 8(1)(6), 8(2), 10, 13, 14, 18, 18(1), 19, 22, 23, 29 and 56; Assam Police Service (Recruitment) Rules - Rule 5(1); Assam Executive Business Rules, 1968 - Rules 10(1), 10(2) and 17; Assam Administrative Tribunal Act, 1977 - Sections 4, 4(1), 4(2), 5 and 5(1); Assam Police Service Regulations - Regulation 3, 3(1) and 3(4A); Limitation Act; Kerala General Sales Tax Act - Sections 8 and 10; Residuary Rules - Rule 3; Jammu and Kashmir Public Service Commission (Limitation of Functions) Regulations, 1957 - Regulation 4; Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 - Rules 5, 23 and 37;

Advocate for Appellant : N. Dutta, B.R. Bhattacharjee, H.N. Sharma, G.N. Sahewalla, B.P. Kataki, K.P. Pathak and K.N. Choudhury, Advs.

I.A. Ansari, J.1. Our constitutional scheme for governance is based on the rule of law. Absence of arbitrary power, as the Apex Court observed in S.G. Jaisinghani v. Union of India and Ors. : [1967]65ITR34(SC) ,...

Lalneihzovi Vs. North Eastern Hill University and ors.

Court : Guwahati

Subject : Service

Acts : North Eastern Hills University Act, 1973; Constitution of India - Article 41

Advocate for Appellant : Mr. A. Roy, Mr. K.P. Pathak, Mr. M. Singh and Mr. R. Das, Advs.

1. By this common judgment WP(C) No. 96/99, 5/2000 and 40/ 2000 are being disposed of as the issue to be decided in all these writ petitions centres around the question whether the writ petitioners who...

Lalneihzovi Vs. North Eastern Hill University and ors.

Court : Guwahati

Subject : Service

Acts : North Eastern Hills University Act, 1973;; Constitution of India - Article 41

Advocate for Appellant : Mr. A. Roy, ;Mr. K.P. Pathak, ;Mr. M. Singh and ;Mr. R. Das, Advs.

1. By this common judgment WP(C) No. 96/99, 5/2000 and 40/ 2000 are being disposed of as the issue to be decided in all these writ petitions centres around the question whether the writ petitioners who...

Chittaranjan Mahanta Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 107, 306 and 498A; Evidence Act, 1872 - Sections 113A

Advocate for Appellant : K.P. Pathak, Adv.

D. Biswas, J.1. This appeal is directed against the judgment and order dated 17.4.1997 passed by the learned Sessions Judge, Kamrup at Guwahati in Sessions Case No. 142(K)93 Under Sections 498(A)/306 of I.P.C. The learned Sessions...

Commissioner of Income Tax, Rajkot Vs. Shatrusailya Digvijaysingh Jade ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 87, 90, 95, 143(3), 246 and 264; Wealth Tax Act, 1957; Finance Act, 1998 - Sections 86 to 98

Reported in : AIR2005SC4000; (2005)197CTR(SC)590; 2005(192)ELT3(SC); [2005]277ITR435(SC); JT2005(8)SC50; (2005)7SCC294; 2005(2)LC1425(SC)

Advocate for Appellant : K.P. Pathak, Additional Solicitor General,; Harish Chander, Sr. Adv.,;

S.H. Kapadia, J.1. The question which arises for determination in this civil appeal filed by the department is -- whether the department was right in rejecting the Kar Vivad Samadhan Scheme declarations filed by the respondent-assessee...

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Direct Taxation

Acts : Indian Partnership Act, 1931; Income Tax Act, 1961 - Sections 120, 132, 132(1), 147, 158BB, 158BC, 158BD and 246A; Evidence Act, 1872 - Sections 74 and 75; Constitution of India (15th Amendment) Act, 1963; Code of Civil Procedure (CPC) - Sections 2(17); Parliament Act; Income Tax Act, 1922 - Sections 22(4), 24, 34(1), 37(1), 131(1) and 142(1); Information Technology Act, 2000 - Sections 2(1); Constitution of India (Forty-fourth Amendment) Act, 1978 - Sections 26; Code of Criminal Procedure (CrPC) - Sections 154; Legislative Assembly Rules - Rule 235; Constitution of India (42nd Amendment) Act; Constitution of India - Articles 14, 19(1), 31, 32, 74(2), 105, 148, 149, 150, 151(2), 194, 194(3), 226 and 226(2)

Advocate for Appellant : K.N. Choudhury and S. Shyam, Advs. in W.A. Nos. 239, 240, 350 and 354 of 2004 and K.P. Pathak and U. Bhuyan, Advs. in W.A. No. 306 of 2004

I.A. Ansari, J.1. The five appeals enlisted above are being disposed of by this common judgment and order, for all these appeals have arisen out of the common judgment and order, dated May 31, 2004 (see...

Pu. Zothansanga and anr. Vs. Vanladika and ors.

Court : Guwahati

Subject : Service

Acts : Mizoram Engineering Service Rules, 1995 - Rules 2 and 18(7)

Advocate for Appellant : K.P. Pathak and S.K. Sarma, Advs.

P.P. Naolekar, C.J. 1. The writ petitioners, who are Respondent Nos. 1 to 5 in the present appeal, have filed the writ petition challenging the recommendation made by the Mizoram Public Service Commission, whereby the Respondent...

Pachhunga University College and anr. Vs. North Eastern Hill Universit ...

Court : Guwahati

Subject : ServiceConstitution

Acts : North Eastern Hill University Act, 1973 - Sections 2

Advocate for Appellant : K.P. Pathak, M. Singh and R. Das, Advs.

D. Biswas, J. 1. This petition has been filed by the Pachhunga University College Teachers' Association represented by its President for issue of a rule directing the North Eastern Hill University, for short NEHU, for preparation...

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Direct Taxation

Acts : Indian Partnership Act, 1931; ;Income Tax Act, 1961 - Sections 120, 132, 132(1), 147, 158BB, 158BC, 158BD and 246A; ;Evidence Act, 1872 - Sections 74 and 75; ;Constitution of India (15th Amendment) Act, 1963; ;Code of Civil Procedure (CPC) - Section 2(17); ;Parliament Act; ;Income Tax Act, 1922 - Sections 22(4), 24, 34(1), 37(1), 131(1) and 142(1); ;Information Technology Act, 2000 - Section 2(1); ;Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 26; ;Code of Criminal Procedure (CrPC) - Section 154; ;Legislative Assembly Rules - Rule 235; ;Constitution of India (42nd Amendment) Act; ;Constitution of India - Articles 14, 19(1), 31, 32, 74(2), 105, 148, 149, 150, 151(2), 194, 194(3), 226 and 226(2)

Reported in : (2005)196CTR(Gau)318,[2005]275ITR502(Gauhati)

Advocate for Appellant : K.N. Choudhury and ;S. Shyam, Advs. in W.A. Nos. 239, 240, 350 and 354 of 2004 and ;K.P. Pathak and ;U. Bhuyan, Advs. in W.A. No. 306 of 2004

I.A. Ansari, J.1. The five appeals enlisted above are being disposed of by this common judgment and order, for all these appeals have arisen out of the common judgment and order, dated May 31, 2004 (see...

State of Arunachal Pradesh and ors. Vs. Nefa Udyog and ors.

Court : Guwahati

Subject : Civil

Acts : Gauhati High Court Rules - Rules 4 and 6; Code of Civil Procedure (CPC) , 1908 - Order 47; Constitution of India - Articles 136 and 141

Advocate for Appellant : K.P. Pathak, S.K. Sarma and K.S. Pathak, Advs.

I.A. Ansari, J.1. Heard Mr. K.P, Pathak, learned senior counsel, appearing for the review applicants, assisted by Mr. S. Sarma, and Mr. N. Dutta, learned senior counsel, appearing for the writ petitioners-opposite parties, assisted by Mr....