Court : Guwahati
..... will be advisable to accept the interpretation put by the supreme court on government's power of 'sanction'' as was done in the earlier fishery case air 1953 sc 309. the scheme of the act would more favour that view and the government's power is also not neutralised thereby. 15. in the present set up, however, we do ..... on the decision of the supreme court reported in cangaram das v. tezpur kaibarta co-operative fishery society ltd., (s) air 1957 sc 377. the case refers to the settlement of fisheries by the government purporting to act under rule 12 of the fishery rules subsequently framed wherein it was provided that no fishery was to be sealed otherwise ..... relies on the observations (contained in paragraph 31, page 313) of the supreme court in the case of air 1953 sc 309 (supra), to the effect that the government acted within the confines of the law in granting sanction to the act of settlement which was a function of the deputy commissioner, even though the order of settlement was passed .....
Tag this Judgment!Court : Guwahati
..... going to the root of the jurisdiction of the officer, something which would show that it would be a case of palpable injustice to the petitioner to force him to adopt remedies provided by the statute. however, once the writ petition is entertained despite availability of such alternative remedy and the high court heard the ..... learned single judge in not entertaining the writ petition. according to the learned additional advocate general admittedly there is a provision of statutory appeal under the 1993 act and it is always open to the appellants/writ petitioners to raise the question of violation of principle of natural justice while passing the order of fresh ..... learned single judge refusing to exercise the writ jurisdiction in view of existence of statutory alternative remedy by way of appeal under the provisions of the said act.2. the facts in brief necessary for the purpose of the present appeals is that the appellants/writ petitioners, who are registered dealers registered under the .....
Tag this Judgment!Court : Guwahati
..... court of enquiry, several witnesses were examined whereafter a report was submitted recommending that the petitioner be declared a deserter and disciplinary action as per the border security force act and the rules be taken against him. on receipt of the report of enquiry as aforesaid, the commandant of the battalion by an order dated 15.12 ..... of the writ remedy has been made as against the order of dismissal, which has been subsequently upheld by the appellate authority under the provisions of the border security force act, 1968.4. i have heard sri r.l. yadav, learned counsel appearing for the petitioner and mr. s. dasgupta, learned additional c.g.s.c., appearing ..... present case.6. under the provisions contained in section 19 of the border security force act, absence without leave is an offence for which a security force court can try the offender and punishment, as prescribed may be awarded. under the provisions of the act, in a given situation, a person guilty of commission of any of the .....
Tag this Judgment!Court : Guwahati
..... notification was published in the nagaland gazette on 31.5.2001. even though the said notification appointing the date 1.4.2001 as the date for coming into force of the act was subsequently published in the official gazette only on 31.5.2001, there is no appreciable reason as to why the said appointed date should not be. taken ..... allowed to be fulfilled by treating the said date appointed by the state government for the said purpose in the prescribed manner as the date on which the said act came into force. if the date is found not to have been appointed in the prescribed manner, i.e., if the date is found to have been appointed by the ..... .2001, which was appointed by the state government by the said notification in the official gazette, should be taken as the date with effect from which the said act of 2001 came into force.6. the learned single judge referred to various decisions such as haria v. state of rajasthan : [1952]1scr110 ; atar singh v. state : air1964all339 ; purest day lawson .....
Tag this Judgment!Court : Guwahati
..... for approval. a sum of rs. 21,755/- was deposited by the respondent no. 6, biswanath singh, in pursuance of the rules framed under the northern india ferries act (act 17 of 1878). the matter was considered by the additional chief engineer who, by his order dated 26-4-58, did not accept the bid of respondent no. 6 ..... ., may, by notification in the official gazette, transfer any or all of the powers exercised in any matter whatsoever by the commissioner immediately before the commencement of this act, and any jurisdiction vested in the commissioner as aforesaid, to such other authority or authorities as may be specified. (2) every authority, to whom any power or ..... . clause 50 of the said code provides as follows : 'he (chief engineer) is the officer who exercises the powers under section 12 of the northern india ferries act xvii of 1878, in respect of public ferries on provincial roads.' the powers, therefore, exercised by the chief engineer under paragraph 50 of the code, were exercisable, .....
Tag this Judgment!Court : Guwahati
..... to various provisions of railway property (unlawful possession) act, 1966. clause-(a) of section 2 of the act defines 'force' which means the railway protection force, constituted under; section 3 of the railway protection force act, 1957. clause (c) of section 2 thereof further provides that 'officer of the force' means an officer of and above the rank of ..... -produced below :-8. inquiry how to be made against arrested persons- (1) when any person is arrested by an officer of the force for an offence punishable under this act or is forwarded to him under section 7, he shall proceed to inquire into the charge against such person.(2) for this purpose the ..... provides that 'superior officer' means any of the officers appointed under section 4 of the railway protection force act, 1957 and includes any other officer appointed by the central government as a superior officer of the force.5. section 3 of the act prescribes the penalty for unlawful possession of railway property.6. section 4 of the .....
Tag this Judgment!Court : Guwahati
..... unfit for consumption, the food inspector wrote for consent for prosecution of the accused petitioner to the local health authority as referred under section 20 of the act and thereafter a criminal proceeding was initiated against the petitioner. after initiation of the case, on the prayer of the accused petitioner before the court for analyzing ..... petitioner's conviction under section 16 read with section 7(1) of the act and sentence to undergo rigorous imprisonment for 6 months and to pay fine of rs. 1000 in default to undergo sentence for one month, awarded vide the ..... . assam.2. the moot question involved in the criminal revision is whether a fresh consent under section 20(1) of the pevention of food adulteration act, 1954 (for short 'the act') is required after issuance of the certificate by the director, central food laboratory.3. mr. kamar, learned counsel for the petitioner has contended that .....
Tag this Judgment!Court : Guwahati
..... aged between 15-16 years. understandably, the learned trial court answered the claim of juvenility in the negative with reference to the provisions of the juvenile justice act,1986 then in force. 23. the medical opinion contained in the report based on the physical examination of the accused applicant on 30.5.2011 reveals fresh radiological investigation and is ..... it was open to him to raise these points in that proceeding as by that time the juvenile justice( care and protection of children) act, 2000 as amended by the 2006 amendment act had come into force. 90. even though the ambit of the review petition has been widened by this court in eswara(supra), it has to follow broadly ..... terms of section 2(l), even if a juvenile has ceased to be so on or before the date of commencement of the act and the provisions thereof would apply as if it had been in force for all purposes at all material times when the alleged offence had been committed. under section 49, the competent authority as defined .....
Tag this Judgment!Court : Guwahati
..... aged between 15-16 years. understandably, the learned trial court answered the claim of juvenility in the negative with reference to the provisions of the juvenile justice act,1986 then in force. 23. the medical opinion contained in the report based on the physical examination of the accused applicant on 30.5.2011 reveals fresh radiological investigation and is ..... it was open to him to raise these points in that proceeding as by that time the juvenile justice( care and protection of children) act, 2000 as amended by the 2006 amendment act had come into force. 90. even though the ambit of the review petition has been widened by this court in eswara(supra), it has to follow broadly ..... terms of section 2(l), even if a juvenile has ceased to be so on or before the date of commencement of the act and the provisions thereof would apply as if it had been in force for all purposes at all material times when the alleged offence had been committed. under section 49, the competent authority as defined .....
Tag this Judgment!Court : Guwahati
..... would follow ; but from the very nature of the definition of the 'contract carriage' given in section 2(7) of the mv act, 1988, it is, admittedly, clear that there is no scope for forcing a carriage contract to pick up only those passenger(s), who buy tickets from any particular travelling agency.14. let us, now ..... service vehicles within the mokokchung zone to used tickets from the authorized counter only with immediate effect. failing which, the authority will take appropriate action as per the act. 17. on a microscopic reading of the impugned order, dated 29.9.2004, aforementioned, what attracts the eyes, most prominently, is that according to the ..... zone, must, with immediate effect, use tickets from the authorized counters only failing which, the authorities would take appropriate action under the motor vehicles act, 1988 (in short 'the mv act, 1988'). the effect of the order, dated 29.9.2004, aforementioned was though all the tourist taxis operating in mokokchung area had to carry only .....
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