Court : Guwahati
..... 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
..... in respect of any matter over which the tribunal has jurisdiction and which are pending before any civil court or other authority on the date of coming into force of this act shall stand transferred to the tribunal and the civil court or other authority before whom such a suit or proceeding is pending shall transfer all relevant and ..... to the jurisdiction of another court.' (b) the supreme court took note of the full bench decision of the madras high court in ramier v. muthu krishna ayyar air 1932 mad 418, wherein the view was taken that 'in the absence of an order of transfer by the court which passed the decree, that court alone can entertain ..... pointed out that this tribunal shall come within entry 11a of the concurrent list. reliance was placed on a judgment reported in kedarnath gupta v. nagindra narayan sinha air 1954 patna 97, and it was pointed out that administration of justice is wide enough to include in it not merely administration of justice through courts properly so-called .....
Tag this Judgment!Court : Guwahati
..... thought it appropriate to deal first with respondents' contention challenging the maintainability of the appeal in this court. because, in our opinion, this contention has sufficient force and the respondents' preliminary objection must prevail. chapter xxxv of the old code is captioned 'proceedings in case of certain offences affecting the administration of justice' ..... so construed as to exude reasonableness in its application.9. because, sub-sections (4) and (5) of section 479a give power to appellate courts also for acting under sub-section (1) thereof both negatively and positively, long delays may result before a decision is rendered on the question, whether or not action can be, ..... and spans across the group of sections 476 to 487. by act no. 26 of 1955 sections 479a was inserted in this chapter to deal with 'procedure in certain cases of false evidence', as is indicated by the .....
Tag this Judgment!Court : Guwahati
..... constitution, its procedure and the conduct of its business. (2) until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this constitution with respect to the legislature for the corresponding province shall have effect in relation to the legislature of the state ..... this, all proceedings and consequences thereof are also unconstitutional. no resolution passed in such sitting and no notification issued on the basis of such resolution have any force of law. (xxi) the deputy speaker himself stood disqualified by the disqualification order. thus, the deputy speaker along with other disqualified mlas of inc could not ..... court of pandh reported in (1996) 3 scc 145 and supreme court advocates-on-record assn. v. union of india reported in air 1994 sc 268. 41. thus, where the governor acts as the head of the state, except in relation to areas which are earmarked under the constitution as giving discretion to the governor, .....
Tag this Judgment!Court : Guwahati
..... termed as preliminary decree under order 20 rule 18(2) of the code. the consequential division by metes and bounds, considered to be a ministerial or administrative act requiring the physical inspection, measurements, calculations and considering various permutations/ combinations/ alternatives of division is referred to the collector under rule 18(1) and is the ..... regulation does not have any application in the facts and circumstances of the present case. in support of aforementioned argument mr. sahewalla has relied upon the following citations: 1. air 1979 calcutta 256; charan santhal vs. indrajit sen and ors. 2. (2002) 6 scc 416; dhruv green field ltd. vs. hukam singh and ors. 3. 2002 ..... be fixed by the collector. by relying upon the decision of this court in the case of banamali roy vs. premdayal choudhury and ors reported in air 1952 assam 133, the learned trial court had apparently declined the relief of recovery of possession of the schedule iii and iv land to the plaintiff holding .....
Tag this Judgment!Court : Guwahati
..... terminating the service of the petitioner and resolution no. 2 dated 20-6-2008 appointing the respondent no. 8 (abul kalam azad) are void ab initio and have no force and are, therefore, to be ignored at all times and that the respondent no. 8 can place no reliance on such document to assert any claim based on it. ..... dismissed by the learned munsiff, bilasipara for non-joinder of necessary party. the issue is no longer res integras. the apex court in sheodan singh v. smt. daryao konwar, air 1966 sc 1332 held as follows: 16. this brings us to the main point that has been urged in these appeals, namely, that the high court had not heard ..... west lac (annexure-1) and the particulars of vlp schools for the year 2010 (annexure-2). in the year 2010, he filed an application under the right to information act, 2005 to the sub-divisional officer (civil), bilasipara requesting him to furnish him information about the number of teachers, number of students, the proceedings of the managing committee of .....
Tag this Judgment!Court : Guwahati
..... as a tenant any land held as a tenant by a person whose heir he is. (5) if a tenant recovers possession of his holding under any law in force, any period during which he might have been out of possession, shall count towards the period specified in sub-section(1). 20. section 8, on which considerable argument ..... khatian issued is not in conformity with the order passed under section 55 and therefore, contention of mr. dutta that khatians were issued without necessary particulars as enjoined under the act is without any merit. 36. meaning of the word, occupancy and occupancy right in assamese is given as dakhol and dakholi swatta , respectively, in the administrative glossaries. ..... vishwa vijay bharati vs. fakhrul hassan and others, reported in (1976) 3 scc 642 (para 14), mustt. mira khumbi and others vs. usha ranjan bhadra and others, reported in air 1966 a and n 118 (para 10) and mustt. sunaban bewa and others vs. shri manehab ali sekh, reported in (1990) 1 glr 190 (paras 4 and 6). 16 .....
Tag this Judgment!Court : Guwahati
..... proof and onus of proof. the right to begin follows onus probandi. it assumes importance in the early stage of a case. the question of onus of proof has greater force, where the question is of , which party is to begin. burden of proof is used in three ways : (i) to indicate the duty of bringing forward evidence in ..... hence, there is no illegality or infirmity in the findings recorded by the learned court below. 18. referring to a decision of the allahabad high court reported in air (37) 1950 allahabad 447 [pheru ahir and another v. mangru gandaria and others] mr. kakati submits that the word determination used in section 6 of the societies registration ..... to discharge by leading evidence. 7. on the question of locus standi of sri dharani talukdar to institute the suit, by referring to section 6 of the societies registration act, 1860, the learned lower appellate court had observed that either the president or the general secretary of a society may institute a suit on behalf of the society. .....
Tag this Judgment!Court : Guwahati
..... proof and onus of proof. the right to begin follows onus probandi. it assumes importance in the early stage of a case. the question of onus of proof has greater force, where the question is of, which party is to begin. burden of proof is used in three ways : (i) to indicate the duty of bringing forward evidence ..... hence, there is no illegality or infirmity in the findings recorded by the learned court below. 18. referring to a decision of the allahabad high court reported in air (37) 1950 allahabad 447 [pheru ahir and another v. mangru gandaria and others] mr. kakati submits that the word 'determination' used in section 6 of the societies registration ..... discharge by leading evidence. 7. on the question of locus standi of sri. dharani talukdar to institute the suit, by referring to section 6 of the societies registration act, 1860, the learned lower appellate court had observed that either the president or the general secretary of a society may institute a suit on behalf of the society. it .....
Tag this Judgment!Court : Guwahati
..... the high court to refuse to intervene at this stage. there are weighty reasons behind the aforesaid clarification of the apex court. provisions of the industrial disputes act, 1947 are intended for resolution of industrial disputes in a fair, peaceful and judicious manner so that industrial peace is maintained and industrial production is not ..... while deciding the preliminary issue. this is because of the deliberations unfolding in the succeeding paragraphs. in workmen vs. motipur sugar factor (p) ltd., reported in air 1965 sc 1803, the apex court observed as follows: - if it is held that in cases where the employer dismisses his employee without holding an enquiry, ..... of the reference proceeding would be a waste of judicial time. in support of his submissions, learned counsel for the petitioner has placed reliance on the following decisions: - i) air 1960 sc 914 (n. kalindi vs. tata locomotive and engineering co., ltd., jamshedpur). ii) (1969) 1 llj 153 pandh (goodyear (india) ltd. and anr. .....
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