Court : Guwahati
Decided on : Mar-14-2000
..... is not entitled to file this appeal and on this ground alone this appeal should be dismissed. this contention of learned counsel has force but as it is urged by the learned advocate for the appellant that even if this appeal is not maintainable, this appeal should ..... vehicle in which passengers are carried if the vehicle was of that class. keeping in mind the classification of vehicles by the act, the requirement of registration with particulars including the class to which it belonged, the requirement of obtaining a permit for using the ..... of learned advocate for the appellant that this accident occurred in the year 1988 when the act of 1939 was in force. no damage could have been given with regard to the gratuitous passengers. this aspect of the matter was changed in ..... the act of 1988 which came into force from 1.7.1989. that is the law that can be gathered from amrit lal sood v. kaushalya .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-03-2000
..... authority in court martial proceeding the defence personnel serving in army, navy or air force when commit any offence are dealt with by the special provisions contained in the army act or the navy act or the air force act and not by the normal procedure code, the said navy act is a complete code by itself and prescribes the procedure to be followed ..... in case it decided that an officer should be tried by court martial. the act also provides sufficient safeguard by way ..... martial (gcm in short) on 31.12.1985. since 31.12.1985 happened to be the date of retirement of the respondent, section 123(1) of the army act, 1950 was invoked. in the trail, besides exhibiting a large number of documents, as many as 11 witnesses were examined in support of the charge. the respondent declined to .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-09-2000
..... factor is the main duties of the concerned employee and not some works incidentally done by him. the broad intention is to take in the entire 'labour force' and exclude the 'managerial force 'only. the 'terms of employment' of any person refer to all matters covered by the contract of employment, either express or implied. in the ..... overtime allowance etc. as such the plaintiff-applicants are 'workmen'. the plaintiffs-applicants were also enjoying the benefits of being the unionised category employees under the industrial disputes act, 1947. it is on record that during this period some of the applicants/plaintiffs held the positions of union office bearers also. g) that on their repeated approach ..... india and ceylone tea co. and anr. air 1990 sc 255 : 1989 (3) scc 582 : 1989-ii-llj-572, where in para 6 the supreme court laid down the law as follows at p. 577 of llj: '6. it is therefore clear that the scheme of the industrial disputes act clearly excludes the jurisdiction of the civil court .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-05-2000
..... to a matrimonial offence has not been defined by any statute of the indian legislature relating to marriage and divorce nor has the expression been defined in the matrimonial cause act, 1950 in england. the danger of any attempt of giving a comprehensive definition which may cover all the cases have been emphasised in a number of decisions lord denning pointed ..... i take up the ground no. 2 first for decision. it is well established principle of law that a horse can be taken to the water but it cannot be forced to drink water. ample opportunity was given to the defendant to adduce evidence, but she did not avail that opportunity. as such i do not find this to be a ..... entitled to get a decree of divorce on the ground of cruelty. the cruelty must be brought home and established. in dystane v. dystane, i (1981) dmc 293 (sc)=air 1975 sc 1534, the supreme court examined the matrimonial offence/relief on the ground of cruelty as it was available in the old section. the supreme court pointed out that .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-10-2000
..... by a court; and (c) offence of murder and culpable homicide not amounting to murder or rape committed by a person subject to the act against a person not subject to military, navel or air force law save and except few exceptions those offences are not triable by an ordinary criminal court. categorisation of offences and tribunals brings in its train a conflict ..... offences not triable by court martial which reads as follows:70. civil offences not triable by court martial--a person subject to this act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person ..... the petitioner as to the competence and jurisdiction of the gcm to try the offence in question it would be appropriate to look into the relevant statutory provisions. the army act, 1950 is enacted to consolidate and amend the law relating to the governance of regular army. section 2 of the .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-30-2000
..... or establishment; (or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (52 of 1961), the standing orders of the establishment; but does not include.) (a) any member of the indian naval, military or air forces; or (b) any person so employed whose wages (excluding remuneration for overtime work) exceed (such ..... day can he be deemed to be an employee of the 5/6 persons for the purpose of the act or the same persons will be getting benefits under the act though under 5/6 heads. i find sufficient force in the above submission and in view of the finding of the learned trial judges that the thelawalas ..... towards the e.s.i. scheme. subsequently, as more gas agencies were opened, the work force was reduced to 13/14 employees and accordingly, they informed the authority that they are not liable to pay any contribution under the act. they however, admitted that occasionally they engage some labourers for delivery of gas cylinder on charge of .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-17-2000
..... and can institute and defend suits and other legal proceedings, despite, dissolution of its administrative council and/or the managing body would be clear from -- 85 of the act which states that every registered society shall be deemed to be a body corporate by the name under which it is registered, with perpetual succession and a common seal, ..... hundred per cent actual fishermen of fishing population residing in the neighbourhood of the fishery concerned. in arabindo das v. state of assam (1982) 1 glr 280 : (air 1981 gau 18), a full bench of this court has held that unless all the conditions mentioned in the proviso to rule 12 of the rules for settlement of ..... petitioner-society can be denied. as indicated above, the petitioner-society being a registered society is a body corporate as per the provision of -- 85 of the act and is a person separate from its members and office-bearers. for offences committed by the members or the office-bearers of a registered society which have no bearing .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-08-2000
..... of the chief minister.he cited the decision of the calcutta high court in biman chandra v. governor, west bengal, air 1952 calcutta 799, for the proposition that unless a particular provision expressly so provides, an obligation to act in his discretion cannot be imposed on the council by mere implication. he also referred to paragraph 20-ba introduced into ..... as a member of the executive committee of the council. mr. phukan cited the decision in samesh singh v. state of punjab. air 1974 sc 2192, wherein it has been held that the president as well the governor act on the aid and advice of the council of ministers in executive action and are not required by the constitution to ..... act personally without the aid and advice of the council of ministers or against the aid and advice of the council of ministers. he also relied on the decision of this court in satyeswar v. government of assam, air 1974 gauhati 20 - 1974 alr 1, in which a .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-12-2000
..... to any person or authority including, in appropriate cases, any government. under clause (1) of article 367 m unless the context otherwise requires, the general clauses act, 1897, shall subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of the constitution as it is applies for ..... maintainability of the writ application in view of the two recent decisions of the apex court regarding the power of the writ court. they are 1997 supreme court 645 (air india statutory corporation, etc. appellants v. united labour union and others, respondents) wherein in paragraph-59 the supreme court pointed out as follows:- '59. the ..... remedy a wrong or enforce a right. a party may not be allowed to bypass the normal channel of civil and criminal litigation. the high court does not act like proverbial 'bull in a chain shop' in the exercise of its jurisdiction under article 226.' 6. the question regarding the running of private unaided/aided/ .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-11-2000
..... would not partake the character of a proceeding. a reference to a decision of hon'ble supreme court has also been made, as reported in (1999) 2 scc 479 : (air 1999 sc 565), sundaram finance ltd. v. nepc india ltd., our attention has been pointedly drawn to paragraphs 8, 9 and 12 of the decision, where an observation is made ..... in substance is a requisite attracting application of bar to 'other proceeding' under section 69 of the partnership act. needless to emphasise that it is the substance which is to be taken into account, and not the form. thus, there is no force in the submission that a petition moved for en forcement of a right arising from a contract would ..... .23. there are some other decisions which have been referred to by the parties, as reported in (1996) 10 scc 88 : (air 1996 sc 2209), krishna motor service v. h. b. vittala kamath and (1995) 2 scc 145 : [air 1995 sc 714, premiata (smt.) v. isher dass chaman lal. which also lead to the conclusion that the embargo as placed under .....
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