Court : Guwahati
..... authority is expected to select the persons or things to be brought under the operation of the law. a familiar example of this type of legislation is the preventive detention act, 1950, which having indicted in what classes of case and for what purposes preventive detention can be ordered, vests in the executive authority a discretionary power to select particular persons to ..... destroy and that, therefore, part xii is inoperative in respect of the rights conferred under part iii, it was observed that :"part iii renders void in terms only laws in force before the commencement of the constitution and the laws to be enacted by the states, that is, in future. it does not apply to the constitution itself and it is ..... am of opinion that the recovery proceedings are not barred, in view of proviso (iv) it is not necessary to examine this question.in the result, therefore, we see no force in this petition and it is rejected with costs which we assess at rs. 300.c. p. sinha, c. j. - i agree. .....
Tag this Judgment!Court : Guwahati
..... under section 188 of the indian penal code, but acquitted. thereafter he appears to have been detained as a security prisoner under section 3 of the preventive detention act, 1950. he was released from detention on 28-5-51 when an internment order was served on him under sections 2 (1) and 2 (4) of the assam ..... a provision analogous to article 311 of the present constitution. another instance in point is the decision of the supreme court in shyamlal v. state of uttar pradesh, air 1954 sc 369, where there were serious allegations of corruption and misconduct against the officer concerned, which led to an enquiry by the union public service commission. the ..... rules, to terminate the service the motiveoperating on the mind of the government is, aschagla, c. j., has said in shrinivas ganesh v.union of india, (s) air 1956 bom 455, wholly irrelevant.' where, therefore, the right to terminate service is founded on the right flowing from some contract or service rules which, govern the conditions .....
Tag this Judgment!Court : Guwahati
..... counsel appearing for the writ petitioner, non-compliance of procedure laid down in the relevant section of the income tax act for issuance of the impugned notice/order under section 148 of the act, which were in force prior to the related amendment effective from 1-4-1989, the impugned order/notice is not tenable in the eye ..... machinery so set up.'this established principle of law finds its place in the decision of the apex court rendered in than singh nathmal v. superintendent of taxes air 1964 sc 1419.(iii) the present petition arises complex question of fact, which may for their determination require oral evidence to be taken, and moreover other considerations ..... of the decision of the apex court rendered in babubhai muljibhai patel. appellate v. nandlal khodidas barot and ors. respondent air 1974 sc 2105.(iii) further, i am of the view that this court cannot act or sit as an appellate authority in the instant case inasmuch as the matter involves certain complex questions of fact. moreover .....
Tag this Judgment!Court : Guwahati
..... question which was passed under a statute is an administrative order and as such the contention of mr. bora has no force. as the order was passed under section 68e(2) of the act it can be reviewed if the act confers any power either specifically or by necessary implication on the state government to review such order. we have already held ..... that the power to review is not an inherent power and it must be conferred by law either specifically or by necessary implication. in r.r. verma and ors. air 1980 sc t461 the above principle was reiterated but it was held that the said principle is inapplicable to decisions purely of an administrative nature. we shall consider at ..... even failed to avail of the opportunity given to them.6. mr. s.n. bhuyan, learned counsel for the respondent no. 4 has relied on ram narayan lal shaw air 1958 patna, 71, in support of his contention that reasonable opportunity was given to the petitioners before the approved scheme was modified. it was held by the patna high .....
Tag this Judgment!Court : Guwahati
..... taken by the respondents in a geneal court martial, holding the petitioner guilty of committing of civil offence, i.e., murder, punishable under the army act, 1950 (hereinafter referred to as the act) imposing on him the sentence of dismissal from service and imprisonment for life.2. we have heard ms. rita das, mazumdar, advocate for the petitioner ..... of judicial review under article 226 would not reappreciate the evidence to upset the said finding. he further argued that the petitioner being a member of the disciplined force was not expected to behave in such an irresponsible and unruly manner and having committed a heinous crime like murder, the sentence imposed cannot be said to ..... of appeal over such proceedings but where the finding is utterly perverse, the court can always interfere with the same. it referred to its earlier decision reported in air 1964 sc 364, union of india v. h.c. goel wherein, it was held that the high court under article 226 has jurisdiction to enquire whether the .....
Tag this Judgment!Court : Guwahati
..... moot questions arise for decision in this case are whether the claimant-appellants are entitled to get the compensation under the provisions of both the acts namely, the act of 1988 and wc act for the death of wife of the claimant-appellant no. 1 and mother of the claimant-appellant nos. 2 to 5 due to a ..... the claimant-appellants from the respondent union of india through the dm & collector, west tripura, rather it can be opined that keeping in mind that the act of 1988 being a benevolent legislation two interpretations are possible regarding the option, the learned tribunal accepted the interpretation, which helps the claimant-appellants to get the ..... 'no fault liability.17. the submission of mr. saha learned counsel for the claimant-appellants may apparently have some force in view of the decision of the gujarat high court in the case of harivadan maneklal modi air 1988 guj 69 (supra), but considering the aforesaid decision in harivadan maneklal modi (supra) along with other decisions, a .....
Tag this Judgment!Court : Guwahati
..... general reserve engineering force (gref), a civilian road construction force 'under the ministry of shipping and transport. by notification no. sro-329, dt 23-9-60 issued in exercise of powers conferred by section 4(i) of the army act, 1950 (the act for short), the central government applied provisions of the act with the exceptions shown in schedule 'a ..... of this broad submission, i have been referred to the decision of a division bench of the delhi high court in s. p.n. sharma v. union of india air 1968 delhi 156 : 1968 cri lj 1059. this legal proposition has not been challenged before me by shri laskar appearing for the respondents.3. the petitioners are members of ..... rights of the members of the gref could not have been restricted by applying section 21 of the act. shri laskar would not agree with this contention. he seeks to place reliance on two supreme court decisions in ram samp v. union of india air 1965 sc 347 : 1965 (1) cri lj 236 and o. k. a. nair v. .....
Tag this Judgment!Court : Guwahati
..... in his personal capacity. subsequent thereto a citation was issued by the tehsildar, meerut on the appellant under section 280 of the u.p. zamindari abolition and land reforms act, 1950, calling upon him to pay a sum of rs. 50,42,523/- failing which his property was to be attached and sold. the appellant filed objections on various counts ..... disclose that the same had been accorded a retrospective effect. in other words, at all relevant times for the instant proceedings, the unamended section 15 of the act was in force. the fact that the assistant labour commissioner of any district has now been enlisted as one of the officers to be appointed as the authority under the above ..... of the rule of law, he urged. mr. agarwal to reinforce his arguments placed reliance on the decisions of the apex court in state of u.p. v. mohammad nooh air 1958 sc 86, seth banarsi dass (dead) v. district magistrate and collector, meerut and ors. : [1996]2scr268 , surya dev rai v. ram chander rai and ors. : .....
Tag this Judgment!Court : Guwahati
..... :(a) all courts and persons having by law or consent of parties authority to receive evidence;(b) the commanding officer of any military, naval, or air force station or ship occupied by troops in the service of government. provided-(1) that the oath or affirmation be administered within the limits of the station ..... does not lay down before which authorities affidavits, filed thereunder, should be sworn. but, section 510(510a?) criminal procedure code, which was inserted by the same amendment act (act xxvi of 1955), is the general section, which applies to all such formal affidavits filed in any inquiry or trial or other proceeding under the criminal procedure code. so ..... magistrate inter alia to receive all such evidence as might be produced by the parties. but, as it was sought to be made summary and speedy, the amendment act (act xxvi of 1955) replaced the provision for taking evidence by affidavits. the dictionary meaning of 'formal' is 'according to form or established mode'; 'relating to .....
Tag this Judgment!Court : Guwahati
..... the compensation admissible for the acquisition of lands as required by clause (b) of sub-section (3) of section 29 of the west bengal security act, 1950 (for short, the security act) as extended to the state of tripura. aggrieved, the state respondent has preferred the present appeal.2. the short fact leading to the writ proceeding ..... claim for compensation during his life time. before his death, in 1960 the tripura land revenue and land reforms act (for short, tlr & lr act) came into force with effect from 14.11.1961. section 134(1) of that act provides that all right, title and interest of every intermediary (talukdar etc.) in all estates notified in official gazette ..... court included a direction to the state government to appoint an arbitrator within two months from the date of decree under section 29(3)(b) of the security act.(v) aggriever, the state government preferred an appeal registered as title appeal no. 8 of 90 in the court of district judge, kailashahar which was dismissed.(vi .....
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