Court : Guwahati
..... the decisions of the apex court finds its place in paragraph 16 of the judgment relating to a case between ashok kumar yadav v. state of haryana, reported in air 1987 sc 454 1986 lab 1c 1417. in my opinion, the learned first appellate court ought to have borne the above maxim in his judicial mind while deciding the ..... relied upon the decisions of the apex court rendered in b. v. radhakrishna v. sponge iron india ltd. reported in air 1997 sc 1324 and another decision rendered in sudarshan trading co. v. govt. of kerala reported in air 1989 sc 890 and argued that the high court cannot substitute its own view in place of arbitrator's view and the ..... march. 1990, thus extending the arbitration act. 1940 to the tribal areas of meghalaya and having its force with immediate effect i.e. on and from 14th day of march 1990. 7. according to mr. s.r. sen, the appeal of the present appellant under rule 24 of the khusi syiemship (administration of justice) order, 1950, before the first appellate court is .....
Tag this Judgment!Court : Guwahati
..... purported to pass the order which is now impugned. the order made under sub-section (1) of section 2, as provided in section 3 of the act, is to remain in force for such period as may be specified, but not exceeding one year from the date on which it is confirmed or modified under sub-section (3) of ..... in writing which he may desire to make, and after referring the matter to the advisory council and considering its report, direct that the order should continue in force for a further period not exceeding one year at a time as may be specified in the order. this proviso has been very seriously assailed in arguments, and ..... in the act that it is left to the satisfaction of any particular individual, but it merely involves the satisfaction of some unknown individual officially purporting to represent the government. the learned counsel has, in support, relied upon the full bench decisions of the patna and bombay high courts in--'brajnandan sharma v. state of bihar', air 1950 pat 322 .....
Tag this Judgment!Court : Guwahati
..... by such tea units, by notification declare that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing order or other instruments in force (to which such tea units or the tea company owning such tea unit is a party or which may be applicable to such tea unit) immediately before the date of ..... purpose of the order made under section 16 d or 16 e has been fulfilled or that for any other purpose it is not necessary that order should remain in force, the central government may cancel such order and on cancellation, of such order, the management or control, as the case may be, of the tea undertakings or tea ..... its power under article 226 of the constitution direct refund of the central excise duty contrary to the said provisions of section 11-b of the act. in state of rajasthan v. d.r. laxmi (1996 air scw 3970) (supra) cited by mr. bhattacharjee again, the court was not considering a case of sale of valuable property at a nominal price .....
Tag this Judgment!Court : Guwahati
..... the rules were issued as executive instructions to begin with, and not being then rules under section 155, land and revenue regulation, they did not possess the force of law. the subordinate authorities, the deputy commissioner or the subdivisional officer, could conceivably settle fisheries without rigid adherence to the executive instructions. the government could ..... is practically no question of the power of superintendence exercisable under article 227, but it is primarily an application for relief under article 226. the learned acting chief justice in his judgment has dealt with the facts of the case in detail and i see no necessity to recapitulate them except where necessary. 25 ..... fishery in defiance of the rules framed under rule 155, assam land and revenue regulation. in--'keshab prasad singh v. gamiri kharai chaiduar fishermen society, ltd., air 1p52 assam 76 (d), i had given my view that on a proper construction of rule 190-a of the fishery rules (executive instructions, chapter x, .....
Tag this Judgment!Court : Guwahati
..... to say 1960-ii-llj-272at p. 273:'so far as the question of the competence of the reference is concerned, we are of opinion that there is no force in it. a similar question was raised before this court in bijoy cotton mills ltd. v. their workmen c.a. no. 355 of 1958, dated february 12, 1960 ..... ltd., (hereinafter referred as the corporation) raised an industrial dispute whereby vide annexure 2 dated august 12, 1999, the central government made the following reference under the industrial disputes act:'whether the action of the management of the hindustan paper corporation ltd., in denying the employment to shri samsul uddin mazumdar verbally w. e.f. april 25, 1992 is justified ..... : air 1960 sc 692 : 1960-i-llj-262, and it was held there on the language of section 2(a)(i) of the industrial disputes act, 1947, that before that provision could apply to a controlled industry there must be a notification by the .....
Tag this Judgment!Court : Guwahati
..... show that the statute takes care of contingencies where proceedings in respect of a child were pending in any court in any area on the date on which the act came into force, section 26 in terms lays down that the court should proceed with the case but after having found that the child has committed the offence it is debarred ..... appellant in his examination under section 313 of the criminal procedure code have to be completely excluded from consideration.' (emphasis is added by us)i may also refer at this stage to air 2001 sc 2924, 2002(1) scc 71, 2001(8) scc 578 and 1999 scc (crpc)588.22. in view of the grossly inadequate examination of the accused under ..... them. 'this has been consistently held by this court as far as back in 1953, where in the case of hate singh bhagat singh v. state of madhya bharat, air 1953 sc 468, this court held that any circumstance in respect of which an accused was not examined under section 342 of the criminal procedure code cannot be used against him. ever .....
Tag this Judgment!Court : Guwahati
..... applications and held that it passed the orders in the appeals on may 30, 1974, and may 31, 1974, whereas the amendment act came into force on and from august 18, 1974, and as such, at the time when the tribunal passed the orders in the appeals they were ..... income for two years 1946-47 and 1947-48 and his assessment was completed on february 20, 1950. assessment of m/s. d was completed for the aforesaid years on october 31, 1950. assessment of m/s. p was completed on june 30, 1951. on may 4, 1953, ..... notices were served on the paftner to show cause why his assessment for the years 1946-47 and 1947-48 should not be rectified under section 35 of the act. ..... of rectification was the finding on the assessment or reassessment of the firm and the finding must be made after the section came into force and the finding was to be given effect to or made operative even on the completed assessment of a partner. (3) referring to .....
Tag this Judgment!Court : Guwahati
..... judge has committed an error on the face of the record in arriving at the figure by conveniently ignoring this material piece of document of the prosecution find force in favour of the petitioner.8. during the investigation the investigating authority collected many documents including the income-tax return (document 3), agreement of lease deed ..... a different view.15. from the above discussion, decision requires whether the charge framed by the special judge under the said sections of the act deserve to be quashed at this initial stage. in air 1988 sc 709 : (1988 cri lj 853) (madhavrao jiwaji rao scindia v. sambhaji-rao chandrojirao angre) the apex court held (para ..... his sources of income.a reading of the section transpires that it is not mere acquisition of property that constitutes an offence, under the provisions of the act but its failure to satisfactorily account for such possession that makes the possession objectionable as offending the law. in the recent decision of the apex court, .....
Tag this Judgment!Court : Guwahati
..... them in furtherance of the common intention. if these two conditions are satisfied, all those persons would be liable for the said act. in gurdatta mal v. state of u.p., air 1965 sc 257 : (1965 (1) cri lj 242) the supreme court held that the essence of section 34 is to be found in the existence of a common intention animating ..... offence is committed in pursuance of the common intention each and every one of the accused is responsible for the acts of every other in furtherance of the common intention.38. as observed by the privy council in mehbub shah v. emperor, air 1945 pc 118 : (1945 (46) cri lj 689) it is difficult if not impossible to procure direct evidence to ..... prove the intention of an individual and in most cases it has to be inferred from his act or conduct or other relevant circumstances of the case.39. there is .....
Tag this Judgment!Court : Guwahati
..... no authority to put such restrictions except as provided under the emblems and names (prevention, of improper use) act, 1950. every citizen and every other states has the right to use the emblem and the names in accordance with the said act. the above restriction under rule 9(1) was in respect of other states only, whereas the state ..... only after the approval is granted by the state directorate of the appellant state. this seems to be simply a ploy to oust the business rivals. one cannot force their business rivals to divulge their business secrets and for their prior approval for organizing the lottery. on the other hand, it is submitted on behalf of the ..... that the petitioners have also challenged the validity of certain letters/ circulars issued by the union of india which according to the petitioners are in violation of the act. thus, we find that according to the petitioners the cause of action or part of the cause of action arose within the territorial jurisdiction of this court whereas .....
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