Judgment Search Results Home > Cases Phrase: air force act 1950 chapter 1 preliminary Court: guwahati Year: 2009 Page 1 of about 11 results (0.073 seconds)

Centre of Medical and Sales Representatives' Union (North East Region) ...

Court : Guwahati

Reported in : (2009)IIILLJ513Gau

..... ), or the navy act, 1957 (62 of 1957); or(ii) who is employed in the police service or as an officer or other employee of a prison or ..... act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence, of, that dispute, or whose' dismissal, discharge or retrenchment had led to that dispute, but does not include any such person-(i) who is subject to the air force act, 1950: (45 of 1950), or the army act, 1950 (46 of 1950 ..... section 2 and sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21 and 23 of the amendment act have been brought into force by notification no. s.o. 606 (e) dated august 21, 1984. this shows that in its wisdom, the central government has not given effect to clause 24 of .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... law.166. though mr. g.n sahewalla, learned senior counsel, appearing on behalf of the complainant, has placed reliance, on jaikrishnadas manhordas desai v. state of bombay air 1960 sc 889, to sustain prosecution of all the accused persons, it needs to be noted that jaikrishnadas manhordas desai (supra) is a case, where the company as ..... knowledge of the accused, then, he has to prove them.152. it needs to be borne in mind that in jaikrishnadas manhordas desai v. state of bombay air 1960 sc 889, the supreme court held that to establish a charge of criminal breach of trust, prosecution is not obliged to prove precise mode of conversion, ..... made even clearer than in the case to which i have referred. section 46 of the solicitors' act, 1932, provided that: 'any person, not having 'in force, a practising certificate, who wilfully pretends to be' ...qualified or recognised by law as qualified to act as a solicitor, shall be liable on summary conviction to a penalty.... 'avory, j. said: .....

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Reported in : [2010]153CompCas579(Gauhati)

..... a parliamentary democracy, where legislative sovereignty rests with parliament, while administration is left to the executive government, subject to a measure of control by parliament through its power to force a change of government. like the government, the directors will be answerable to 'parliament' constituted by the general meeting. but in practice (again like the government), ..... and the company is ruled by the majority. the procedural character of the rule, in foss (supra), was explained by jenkins l.j. in the edwards v. halliwell [1950] 2 all er 1064, 1066 (ca) thus: 'the rule in foss v. harbottle, as i understand it, comes to no more than this. first, the proper ..... deviated by another division bench of the madras high court in t.a.k. mohideen pichai taraganar v. tinnevelly mills co. ltd. air 1928 mad 571, wherein the regulatory nature of the companies act vis-a-vis common law, was pointed out and held that the general right to institute a suit cannot be considered to be taken .....

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

Court : Guwahati

..... in exercise of the powers under section 1(3), the governor of assam has been pleased to appoint june 1, 2008 as the date on which the aforesaid act was to come into force. it may be noticed, at this stage, that by the assam entry tax (amendment) ordinance, 2008 which has also been challenged in the present group of ..... better conduct of their business and paying not patently much more than what is required for providing the facilities.51. the above law declared in automobile transport (rajasthan) ltd. air 51 1962 sc 1406 came to be continuously applied to decide whether a levy is compensatory or not. however, in two decisions of the apex court, i.e., ..... test enunciated in automobile transport (rajasthan) ltd. v. state of rajasthan : [1963]1scr491 for deciding whether a tax is compensatory or not vide paragraph 19 of the report (air), will continue to apply and the test of 'some connection' indicated in paragraph 8 (of scc) see at page 658 of [1995] 96 stc of the judgment in bhagatram .....

J.P. Rai, Ias Vs. the State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : AIR2009Gau151

..... in him in the very nature of things.in coming to the said conclusion the calcutta high court also relied upon certain observations made by the supreme court in : air 1962 sc 876 pramathnath talukdar v. saroj ranjan sarkar. the supreme court at page 883 held:.i further think that the chief justice must have the inherent power to ..... flow from the rules framed under article 225 of the constitution. such authority flows from the constitution itself.8. a full bench of the calcutta high court in : air 1990 calcutta 168 sohan lal baid v. state of west bengal had an occasion to examine the legal position in this regard. speaking for the full bench justice pd ..... 357, it was ruled that power that was conferred by section 108 of the government of india act, 1915 could be exercised from time to time with reference to jurisdiction whether existing at the time of the coming into force of the said act or whether conferred by subsequent legislation, and that the said power still subsists and that it has .....

Shallang Area Coal Dealer and Truck Owner Association and Etc. Vs. Sta ...

Court : Guwahati

Reported in : AIR2010Gau11

..... as an exercise of the authority vested on the governor under article 162 of the constitution and, therefore, the contents of the memorandum will still have the requisite force of law.30. we are unable to accept the submission of the learned addl. advocate general for the reason that the executive power of the governor/state is ..... conditions stipulated by the state of meghalaya; (2) the local tribal chiefs known as syiems and sardars; (3 the authorities purportedly implementing the provisions of the air (prevention and control of pollution) act, 1981 and (4) the police officers of the state of meghalaya.2. it can be mentioned here that sylems and sardars, the local tribal chiefs, ..... dated 11th sept, 03, which is issued in total derogation of the provisions of section 212 of the motor vehicles act and section 23 of the general clauses act, in our view cannot be held to be having any force of law.29. at this juncture a submission made by dr. b.p. todi, learned addl. advocate general appearing .....

Harez Ali and anr. Etc. Vs. State of Assam and ors. Etc.

Court : Guwahati

Reported in : AIR2009Gau132

..... value offered by the eligible highest bidder is found to be more than rupees one lakh, the standing committee of anchalik panchayat, constituted under section 52 of the act, shall immediately forward all such tender papers submitted by the bidders together with comparative chart prepared and processed as per procedure prescribed, to the zilla parishad concerned, ..... state financial corporation v. n. narasimahaiah and ors. (supra), hon'ble supreme court referring a decision of s. sundaram pillai, etc. v. v.r. pattabiraman : air 1985 sc 582 observed as follows:33. even if the legislation is beneficent, the same by itself would not be held to be extendable to a situation which the statute ..... . hon'ble supreme court of india in karnataka state financial corporation v. n. narasimahaiah and ors. reported in : 2008 aiol 348 : 2008 (4) scale 473 : air 2008 sc 1797 held that interpretation of a statute would not depend upon a contingency. it has to be interpreted on its own. it is a trite law that the .....

Thomas Nongtdu Vs. State of Meghalaya

Court : Guwahati

Reported in : 2009CriLJ4395

..... is thus no case of improper exercise of jurisdiction by her in passing the impugned order. on the contrary, had she refused such permission, such refusal would have amounted to acting contrary to the observations made by the apex court in s. papaiah : 1997 cri lj 4636 (supra).8. the result of the foregoing discussion is that there is no merit ..... 169 i.e. when there is no sufficient evidence to justify the forwarding of the accused to a magistrate, is termed as 'final report' (see abhinandan jha v. dinesh mishra : air 1968 sc 117 : 1968 cri lj 97. in abhinandan jha (supra), the apex court also held that both the final report and the charge-sheet are to be submitted to ..... prayer of the i.o. insp. k. prasad dated 19th june 2009 for reasons stating therein, pray for adding section 225, ipc r/w section 25(i-b)/27 arms act which is allowed.later,seen and perused prayer of the i.o. insp. k. prasad, shillong sadar p.s. for the reasons stating therein, for re-opening of the case .....

Smt. Renubala Nama and ors. Vs. Smt. Renubala Das

Court : Guwahati

..... issue first if that issue relates to -(a) the jurisdiction of the court, or(b) a bar to the suit created by any law for the time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, any may deal with the ..... provoking observations of the chief justice of house of lords of england, referred to in the aforesaid judgment are as follows (paras 1 & 7):fraud avoids all judicial acts, ecclesiastical or temporal' observed chief justice edward coke of england about three centuries ago. it is the settled proposition of law that a judgment or decree obtained by playing ..... one can easily refer to the judgment of the hon'ble supreme court rendered in the case of hero vinoth v. seshammal reported in : (2006) 5 scc 545 : air 2006 sc 2234.11. during the course of argument dr. bhattacharjee, learned counsel for the respondent was pointedly questioned whether there is any absolute or specific bar for instituting a .....

Sushital Dhar and anr. Vs. Panna Lal Ghosh

Court : Guwahati

Reported in : AIR2009Gau174

..... alia, that sadhu singh (supra) did not cull down the proper law relating to order ii, rule 2 finds no place, rather the submissions of mr. biswas has some force, inter alia, that the cause of action of the parent still filed by the plaintiff and the cause of action of the subsequent suit are totally different and distinct and ..... way of placing the plaint in evidence in the second suit. not only that in the said judgment there is no discussion regarding the case of bengal water proof ltd. : air 1997 sc 1398 (supra) except the statement that the above position was illuminatingly highlighted by the apex court in bengal water proof ltd. v. bombay waterproof . (supra) was ..... conclusion in his favour. this observation was made by lord watson in a case under section 43 of the act of 1882 (corresponding to order ii, rule 2) where plaintiff made various claims in the same suit.16. in gurbux singh : air 1964 sc 1810 (supra) the constitution bench of the apex court stated that to establish the plea that .....