Court : Guwahati
..... , ensured that justice is made available to everyone, high or low, rich or poor, powerful or weak, literate or illiterate, learned or ignorant, brave or timid, forceful or feeble, the courts are required to be strengthened. when the courts are to be strengthened to secure justice to everyone, the advocates, who are treated as officers ..... articles 14, 21 and 39a, the courts, in india, evolved the process of legal aid which eventually stands translated in the form of the national legal services authority act, 1987.14. describing the invaluable role, which a lawyer plays in the judicial process, referred to as 'judicial justice', krishna iyer, j., observed in madhav hayawadanrao ..... the responsibility of developing the efficiency of the lawyers as a class. no wonder, therefore, that in the case of state of maharashtra v. manubhat pragaji vashi air 1996 sc 1, the supreme court emphasized the need for providing of aid-in-grant to recognized private law colleges in the following words :--17. in the .....
Tag this Judgment!Court : Guwahati
..... opportunity of hearing were rendered before the proviso to section 45-a(1) was introduced. the proviso has come into force with effect from october 20, 1989. this clearly shows that the legislature also, in their wisdom, deemed it proper to ..... the calendar month in which the contribution falls due. under regulation 26 of the employee's state insurance (general) regulations, 1950 (in short, 'the regulations'), every principal employer is required to submit the return of contribution in form-6 in quadruplicate ..... this aspect of the matter. i may refer to the case of r.p. kapur v. state of punjab air 1960 sc 866 wherein the question which arose for consideration was whether a first information report can be quashed under section ..... petitioner was, according to mr. bhattacharjee, bad in law, but the sanctioning authority, while granting sanction under section 86 of the esi act, did not, points out mr. bhattacharjee apply its mind to the facts of the present case. the sanction, therefore, contends mr .....
Tag this Judgment!Court : Guwahati
..... . entry-1 of list-ii of the seventh schedule :1. public order (but not including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in aid of the civil power. 17. the definition of ..... instructions which are required to be followed by the members of the armed forces exercising powers under the central act and a serious note should be taken of any violation of the instructions, and the persons found responsible for such violation should be suitably punished under the army act, 1950. in para 61 of the judgment, the supreme court held as follows ..... list-ii, the state legislature is vested with the legislative powers relating to public order excluding the use of any naval, military or air force or any other armed force of the union or any other force subject to the control of the union or any contingent or unit thereof in aid of the civil power. the exclusion part shows that .....
Tag this Judgment!Court : Guwahati
..... time limit for its performance then, such a covenant, being against the rule of perpetuity, is regarded as altogether void.13. before coming into the force of the tp act, an agreement for sale of an immovable property, in india too, was treated as having created an equitable interest in the property itself in favour ..... another decision in swarnam ramchandranan (smt) v. aravacode chakungal jayapalan, reported in : (2004)8scc689 , approving the decision in nannapaneni subayya chowdary v. garikapati veeraya, air 1957 ap 307, the apex court held that in a suit for specific performance, the purchaser must show that he was ready and willing to fulfill the terms and ..... party thereto by a title arising subsequent to the contract....'27. we express our complete agreement with the statement of law, which was made in venkateswara (air 1917 madras 358) (supra), and hold that all contracts for sale of immovable property are specifically enforceable by assignees of the contracting parties except when the .....
Tag this Judgment!Court : Guwahati
..... all clerks and officers of courts:provided that such rules, forms and tables shall not be inconsistent with the provision of any law for the time being in force and shall require the previous approval of the governor.9. a brief history as to how tribunal came into existence may be noted:sometimes the state, in ..... may now examine the matter in the light of the parameters laid down by the apex court in brajanandan sinha air 1956 sc 66. under the provisions of the motor vehicles act the tribunals constituted under the act are required to pronounce judgment as regards the claim and said judgment is binding. the tribunal is not empowered to ..... courts. these courts which are instrumentalities of government, are invested with the judicial power of the state, and their authority is derived from the constitution or some act or legislature constituting them. their number is ordinarily fixed and they are ordinarily permanent, and can try any suit or cause within their jurisdiction. their numbers may .....
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
..... a state may, by law, define the privileges, it shall continue to enjoy such privileges as have been available to it immediately before the coming into the force of the forty-fourth amendment of the constitution.65. what is of utmost importance to note, while considering the question of privileges, is that a privilege has ..... legislature by law, and, until so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution ..... , defining and amending the law of evidence, is challenged as violating the constitution and when the evidence act permits relevancy as the only test of admissibility of evidence and the income-tax act or any other similar law in force does not exclude relevant evidence from being admitted on the ground that it was obtained under an illegal .....
Tag this Judgment!Court : Guwahati
Reported in : (2005)196CTR(Gau)318,[2005]275ITR502(Gauhati)
..... a state may, by law, define the privileges, it shall continue to enjoy such privileges as have been available to it immediately before the coming into the force of the forty-fourth amendment of the constitution.65. what is of utmost importance to note, while considering the question of privileges, is that a privilege has ..... legislature by law, and, until so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution ..... , defining and amending the law of evidence, is challenged as violating the constitution and when the evidence act permits relevancy as the only test of admissibility of evidence and the income-tax act or any other similar law in force does not exclude relevant evidence from being admitted on the ground that it was obtained under an illegal .....
Tag this Judgment!Court : Guwahati
..... a state may, by law, define the privileges, it shall continue to enjoy such privileges as have been available to it immediately before the coming into the force of the forty-fourth amendment of the constitution.75. what is of utmost importance to note, while considering the question of privileges, is that a privilege has ..... legislature by law, and, until so defined, shall be those of tbat house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution ..... , defining and amending the law of evidence, is challenged as violating the constitution and when the evidence act permits relevancy as the only test of admissibility of evidence and the income-tax act or any other similar law in force does not exclude relevant evidence from being admitted on the ground that it was obtained under and illegal .....
Tag this Judgment!Court : Guwahati
..... kuldeep singh v. ganpat lal and another (supra), the apex court while considering the provisions of rajasthan premises (control of rent & eviction) act, 1950 has held that the deposit in court can be made only after resort to the methods of remittance by postal money order and deposit in bank account of ..... apart from the business purposes the suit premises is required for their own residence, i.e., of the plaintiff nos. 2 and 3, as their family members were forced to live in a rented house by paying very high rent. the revision petitioners/defendants in the written statement have denied that the suit premises is bona fide required for ..... . hence the finding recorded by the learned courts below cannot be sustained.52. this court has recorded the finding that the plaintiff are defaulter within the meaning of 1972 act and, therefore, in spite of the finding that the plaintiffs/opposite parties have failed to prove their bona fide requirement, the decree of eviction passed by the learned courts .....
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