Court : Guwahati
..... of the act and land stood vested in the state government free from all encumbrances, the court should be loathe to quash the notification and interfere with the acquisition of land by the state.25. the court also should not refuse to set aside the sales made in gross violation of the statutory provisions merely on ..... average yield by twenty-five percent or more. similarly section 16e confers power on the central government to takeover tea undertakings or tea units without investigation under certain circumstances including cases where production of tea manufactured or produced by the tea undertakings or tea units had been affected by various acts of persons incharge of the ..... union of india, air 1997 sc 1208 to show how the state and the union both have their respective control over the same subject matter within their demarcated areas. alternatively, he submitted that once the impugned act received the assent of the president, it prevailed over the provisions of sections 16 a to 16 n of .....
Tag this Judgment!Court : Guwahati
..... writ petition in civil rule283/97 under article 226 of the constitution ofindia, the petitioners have challenged the validityof the act, namely. the bharat hydro powercorporation limited (acquisition and transferof undertaking) act, 1996, being assam act no.i of 1997 published in the assam gazetteextraordinary dated 6th january, 1997. 2. petitioners no. 1 ..... permitted private managements to start new engineering colleges under the self financing scheme without any financial commitment to the govt. but subject to the fulfilment of certain conditions. the institute applied to the govt. for permission to start a new self financing private engineering college in terms of the said policy. the ..... be made available to the state for upliftment and industrialisation; that by wrongful means and heavy power loss being caused, the development of the said area is stalled by wrongful acts of the respondents. further, it is contended that there cannot be any plausible reason that the completion of the said .....
Tag this Judgment!Court : Guwahati
..... were effected on the basis of a preliminary draft report of the auditor general of india with regard to the nagaland state lotteries. the warrants of authorisation were issued against certain individuals without lawful information in the possession of the department as is required under section 132 of the act and the authority in pursuance thereof conducted the search and seizure .....
Tag this Judgment!Court : Guwahati
..... during the years 1993-94 and 1994-95. the said amount is allowable deduction from the total sale price as per provision 2(34)(d)(i) of the act. no certain conditions and restrictions prescribed in the act in this regard.(b) the learned superintendent of taxes neither discussed in the assessment orders nor allowed the discount/trade discount amounting to ..... state government may by notification appoint a person to be the commissioner of taxes, together with such other persons to assist him as it thinks fit and may specify the area or areas over which they shall exercise jurisdiction.(5) the state government may authorise an officer, not below the rank of a deputy commissioner of taxes appointed under sub-section (1 .....
Tag this Judgment!Court : Guwahati
..... was enacted to make provision for the constitution of a special police force in delhi for investigation of certain offences in the union territories, for the superintendence and administration of the said force and for extension to other areas of the powers and jurisdiction of members of the said force in regard to the investigation of the ..... to make provision for the constitution of a special police force in delhi for investigation of certain offences in the union territories, for the superintendence and administration of the said force and for extension to the other areas of the powers and jurisdiction of members of the said force in regard to the investigation of ..... make provision for the constitution of a special police force in delhi for the investigation of certain offences in the union territories, for the superintendence and administration of the said force and for the extension to other areas of the powers and jurisdiction of members of the said force in regard to the investigation .....
Tag this Judgment!Court : Guwahati
..... his part to furnish the same within the stipulated time. his prayer was rejected without considering the reasons given by him. the returns submitted by the petitioner were rejected noting certain defects in the accounts. the defects were also not brought to the notice of the petitioner to enable him to explain or clarify the same. it was in those circumstances .....
Tag this Judgment!Court : Guwahati
..... regarding the recovery officer though the recovery officer is exercising judicial power. 140. mr. p.n. choudhury, learned central government standing counsel, produces before me certain documents to show that the qualification regarding the recovery officer has been laid down. the notes by registrar does not make a rule to prescribe qualification. 141. ..... throughout the whole country in bombay the right of appeal has almost been made an illusory one, a forum which cannot be reached easily and cheaply certainly no forum for remedy. further judicial review not only includes interpretation of law but also review of judicial decision. a decision of the appellate tribunal ..... of the companies act, 1956 (1 of 1956) ; (ii) such other institution as the central government may, having regard to its business activity and the area of its operation in india by notification, specify.' 17. institutions notified by the central government under sub-section (2) as public financial institutions-in exercise of .....
Tag this Judgment!Court : Guwahati
..... adequately modified forthwith. [18] i have heard the learned counsel representing the parties who extensively argued in reference to the pleadings, constitutional provisions and also certain case laws. while the learned counsel representing the petitioners emphasized on the role of the governor under the constitutional scheme alleging biasness in respect of the impugned ..... s order of 09.12.2015. the aforementioned letter was accompanied by joint memorandum of 34(thirty-four) mlas who were facing hostile situation in the areas around the assembly premises and it was suggested that the assembly session may be held at techi takar memorial community hall, g-sector, naharlagun. xiv. ..... and all the dailies of this region. applicants also craved leave of the court to produce the copies of the newspapers about the disturbances in the areas adjacent to the assembly secretariat at naharlagun, arunachal pradesh and other related events. xiii. the deputy speaker in his letters dated 16.12.2015 wrote .....
Tag this Judgment!Court : Guwahati
..... under the act shall be cognizable and prescribing limitations in the matter of grant of bail. section 53-a has been introduced rendering relevant statements made under certain circumstances. chapter v-a relating to forfeiture of property; derived from, or used in illicit traffic has been incorporated.16. clause (a) of sub-section ..... been amended to enable central government to control and regulate controlled substances and for punishment for contravention of orders thereof. death penalty is introduced in regard to certain offences after previous conviction. one of the amendments makes it clear that no sentence awarded under the act (other than section 27) shall be suspended, ..... major offences are non-bailable by virtue of the level of punishments, on technical grounds, drug offenders were being released on bail. in the light of certain difficulties faced in the enforcement of the narcotic drugs and psychotropic substances act, 1985, the need to amend the law to further strengthen it has been .....
Tag this Judgment!Court : Guwahati
..... include parting with fully or partly of ownership or possession of any land or any interest therein in any other manner whatsoever but shall not include the requisition and acquisition of land under any law for the time being in force.'15. the aforesaid explanation makes it abundantly clear that parting with full or partly of ownership or ..... act has stood amended 7 (seven) times and every amendment is in aid of section 187. chapter ixa has been introduced by 3rd amendment act, 1975. it deals with certain restriction on the rights of transfer for the protection of the interest of scheduled tribes. by the 3rd amendment act, section 107a, 107b, 107c, 107d and 107e has ..... the act. it was further ordered that the land in plot no. 376, khatianno.91 of kanchanpur mouja measuring an area of 1.60 acres and plot no. 377, khatian no. 166 of mouja kanchanpur measuring an area of 0.38 acre be restored to the 1st party (2nd respondent herein). being aggrieved this writ petition has been preferred .....
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