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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... the beneficial provisions of composition of the offence either before the police officers or in the court which would be offending to section 208 of the mv act. i find sufficient force in the submission of the learned counsel inasmuch as section 279 of the indian penal code, which is readily invoked for the offences of rash and ..... into, tried, and otherwise dealt with according to the same provisions that is, the provisions of the criminal procedure code, subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences, chapter xiii of the code of criminal procedure deals with 'jurisdiction ..... aforesaid finding with the aid of section 4(2) cr.p.c. on the following premises:a special law, as observed in kaushalya rani v. gopal singh air 1964 sc 260 means a law enacted for special cases, in special circumstances, as distinguished from the general rules of law laid down as being applicable to all .....
Tag this Judgment!Court : Guwahati
..... acknowledge that they are required to pay the dues, which they had incurred in obtaining the consignments aforementioned, it could have, perhaps, been contended, with some force, by the accused-petitioners that the transaction, in question, being wholly a civil contract, no criminal prosecution is legally sustainable in law. this is not, however ..... india and other instrumentalities of the union government located in delhi. to remedy this situation, clause (1-a) came to be inserted by the 15th amendment act, 1963, conferring thereby on the high courts jurisdiction to entertain a petition, under article 226, against the union of india or any other body or authority ..... the high court, the constitution bench, while interpreting article 226 (as it stood then) observed, in election commission, india v. saka venkata subba rao air 1953 sc 210, as follows:.the rule that cause of action attracts jurisdiction in suits is based on statutory enactment and cannot apply to writs issuable under article .....
Tag this Judgment!Court : Guwahati
..... and ors. v. the salvation army, western india territory (supra), the provision for levy of contribution contained in section 58 of the bombay public trusts act, 1950 and the rules 32 and 33 of the rules framed thereunder was impeached being beyond the powers of the state legislature. in responding to the emerging debate ..... over the market committee(s) to be overseen by the state government. this functional hierarchy notwithstanding, as the coordination in the trinity is the driving force to achieve the avowed purpose of the legislation, any inflexible and rigid compartmentalization of the activities of these three bodies mutually exclusive of each other is not ..... the following decisions of the apex court:1. : [1968]2scr421 , deputy commercial tax officer, saidapet, madras and anr. v. enfield india ltd. cooperative centeen ltd.2. air 1967 sc 973, sri krishna coconut co. and anr. v. east godavari coconut and tabacco market committee.3. : (1996)6scc185 , mancheri puthusseri ahmed and ors. v. .....
Tag this Judgment!Court : Guwahati
..... respondents stated that the approval of the personnel (a) for the special recruit examination for filling up the aforementioned posts from amongst the personnel of police/paramilitary forces/ncc/ex-army/home guards/civil defence/excise/jail/fire service was obtained on 18.07.1992. the personnel (a) department also relaxed the applicability of a ..... law.72. the apex court in roshan lai and ors. (supra), negated the challenge to the validity of the appointment of the private respondents therein, as air port officers (operations) for want of sanction of such posts on the ground of delay of 3 years. while expressing its opinion as such, it further noticed ..... also negated the plea of the bar of limitation recording that the appeal had been filed as permissible under section 4(2) of the assam administrative tribunal act, 1997 as the appeal/representation of the appellants against the provisional gradation list had remained undisposed for nearly 6 months. the learned tribunal also observed that there .....
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