Court : Guwahati
..... a non-transferable holding is rent or revenue within the meaning of the expression as it occurs in section 2 (1) (a) of the income-tax act.--'birendra kishore v. secy. of state' air 1921 cal 262 was overruled on this point. the ratio decidendi was that the expression revenue included the term yield or profit of any land. the ..... for the acquisition of this status is not long, yet in a large number of cases each year and in every estate tenants fall into arrear and are consequently forced to leave. the tenure they get at the time of thesettlement is at best precarious. legislative protection does not avail against the pressure of circumstances. besides salami alone ..... by all these references excepting no. 1. the first 2 questions which were common to all the references were answered by the order of this court dated 9th may, 1950. the third question related to salami receipts. this question was not included in reference no. 1. the material made available to us by the board was not enough for .....
Tag this Judgment!Court : Guwahati
..... a bare reading of the above provisions shows that section 127 conceives of constituting tribunal for deciding election petitions arising out of 'direct' elections held under the said act. i find considerable force in the submission of mr. n. choudhury that since the word 'election' is prefixed by the word 'direct', the election, which section 127 conceives of, ..... of interpretation of statutes propounded by the apex court. reference may in this regard, be made to aaswini kumar ghosh and anr. v. arabinda bose and anr. (air 1952 sc 369), wherein it has been held as follows : 'it is not a sound principles to brush aside words in a statute as being inappropriate or ..... being ratification by state legislatures, as required under the proviso to article 368(2), and, hence, the constitutional bench in shri kihota hollohon v. zachilhu and ors., air 1993 sc 411, struck down and adjudged paragraph 7 of the tenth schedule ultra vires. same is the case here. so contends mr. lahiri. the 73rd amendment was .....
Tag this Judgment!Court : Guwahati
..... the decision of the high court to that extent does not merge in the decision of the apex court and the decision of the supreme court does not have binding force so far as that question is concerned on this court.12. in a recent decision the effect, operation and the extent of the doctrine of merger came for consideration before ..... the apex court in toto or whether the decision rendered by the gauhati high court on the question, as to the stage at which section 80hhc would apply has binding force and applicable.7. the brief relevant facts are the assam company ltd. was the assessee for the assessment year 1985-86 pertaining to the accounting period ending june 30, ..... will have binding force and the entire judgment of the inferior court will merge into the decision rendered by the superior court.16. there is another way to look at the case in hand. the decision given by the gauhati high court on the merits of the question of appricability of the stage at which section 80hhc of the act of 1961 .....
Tag this Judgment!Court : Guwahati
..... help europe recover from the devastation of world war ii. once europe was rebuilt, the bank turned its attention to the developing countries. as the 1950s progressed, it became clear that the poorer developing countries could riot affordto borrow needed capital for development onthe terms offered by the bank. they requiredeasier terms ..... be passed, are made parties so that nothing is decided behind their back.35. when the question of necessary party was considered in prabodh verma (air 1985 sc 167) (supra), the apex court broadened the scope of the necessary party by further laying down as follows :--'28.......................................................a high court ought ..... notwithstanding any thing to contrary contained in any other law, shall, in such application, have the force of law.82. by virtue of the powers vested in the central government under section 3 of the said act of 1947, many of the associations of the united nations have been granted immunities. these organizations .....
Tag this Judgment!Court : Guwahati
..... obtained by force or fraud.'6. the petitioner, as already stated, sought the decree of nullity of the marriage on the ground that the respondent was incompetent to enter into ..... the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.nothing in this section shall affect the jurisdiction of the high court to make decrees of nullity of marriage on the ground that the consent of either party was ..... marriage and continued to be so until the institution of the proceedings.'12. in rajendar pershad v. shanti devi, air 1978 punj and har 181, it has been observed that the impotence simply means inability to perform the sexual act. it may be pathological or psychological, permanent or temporary, complete or partial.13. the performance of successful vasectomy .....
Tag this Judgment!Court : Guwahati
..... and, therefore, the exclusion of the powers conferred under section 438 cr.pc by the special provision under the essential commodities act, does not arise. section 12-aa provides for release of persons after being apprehended of arrest. an analogous provision is enacted ..... up). 12. even in narcotics control bureau v. kishan lal (air 1991 sc 558), when the apex court considered the scope of section 439 cr.pc vis-a-vis section 37 of the ndps act it was held that exercise of power to grant bail by the ..... 1977 sc 366) wherein a question was raised whether rule 184 of the defence and internal security of the india rules, 1971, which is analogous to section 37 of the ndps act, excluded the powers of anticipatory bail contained ..... high court is subject to the limitations imposed by section 37. in this case, however, their lordships also took into consideration their decision in balchand jain v. state of m.p. (air .....
Tag this Judgment!Court : Guwahati
..... it is pertinent to note that meghalaya was, initially, formed as an autonomous state by virtue of section 3 of the assam re-organisation (meghalaya) act, 1969, which came into force w.e.f 2.4.1970. the autonomous state of meghalaya was created within the state of assam and the said autonomous state of meghalaya comprised of ..... the autonomous garo hills district and autonomous district of khasi and jaintia hills.5. thereafter, north eastern areas (re-organisation) act, 1971, was enacted, which came into force w.e.f. 21.1.1972, and by virtue of the same, the state of meghalaya came into existence and the same comprised of the ..... as per the provisions of paragraphs 4 and 5 of the sixth schedule to the constitution of india and in terms of khasi syiemships (administration of justice) order, 1950, the rules for administration of justice and police in khasi and jaintia hills, 1937, the united khasi-jaintia hills autonomous district (administration of justice) rules, 1953, .....
Tag this Judgment!Court : Guwahati
..... seen that no attempts were made to supplement the contents of exst. a/5 and a/6 to attract bar of sections 91/92 of the evidence act, the ground raised has no force.20. for proper appreciation and for the sake of convenience i would like to reproduce the exact pleading of the defendant in this regard in the written ..... appellant now.22. without going to lengthen the argumentation, i find that the citation referred to by the learned counsel for the respondents/plaintiffs, viz., (2000) 4 scc 326 : air 2000 sc 1935 (supra), which i discussed earlier will be convincing point of law on this count to upheld the contention of the respondents/plaintiffs and reject the plea of ..... as the determining factor. for purpose of elucidation. the exact views expressed by court in para 17 of the citation (supra) goes as below (at page 46-47; of air): '17. the first and foremost thing that requires decision is to find out the intention of the parties from the language that can be gathered from the recitals in the .....
Tag this Judgment!Court : Guwahati
..... of natural justice and make the final order liable to charge hereafter.' (emphasis is supplied)16. in the subsequent case of managing director ecil v. s. b. karunakar, air 1994 sc 1074, the apex court had the occasion to consider the judgment of md. ramzan khan's case (supra) and while answering the question whether furnishing of the enquiry ..... 1965, and contrary to the law laid down in ramhan khan v. union of india (1991) 1 scc 588, was not furnished to the petitioner before the same was acted upon by the disciplinary authority and this has caused serious prejudice to the petitioner's right to prefer appeal and/or approach this court. viewed from this angle too, submits ..... , dismissing the petitioner from service.3. in a nutshell, petitioner's case may be stated as follows: the petitioner was a pioneer (sepoy) in the general reserve engineering force (popularly known as gref). at the relevant time, the petitioner was serving under 1444 bridge construction committee under 48 border roads task .....
Tag this Judgment!Court : Guwahati
..... therefore, acquire jurisdiction to decide--whether legislation authorises acquisition or requisition for public purposes, and also whether the purposes specified in an act are public purposes, or not. in--'kameshwar singh v. province of bihar', air 1950 pat 392 (s. b.) (e), sinha and das jj., came to the same conclusion. so did reuben and das, ..... would stand fulfilled if acquisition or requisition is authorised for purposes which are public in nature. 19. when the impugned act was passed, the govt. of india act, 1935, was in force. section 299 of the government of india act, 1935, provided that no person shall be deprived of his property save by authority of law. clause (2) ..... is not a public purpose. but the contention that an express statement that requisition and acquisition under the act can only be for public purposes, is necessary to the validity of the act, has no force. such a statement is not necessary where the legislature confers limited powers on the executive and specifies the .....
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