Court : Guwahati
..... a workman.9. it is therefore necessary to examine the contention of the petitioner that the respondent % is not a workman within the meaning of the act. prior to the amending act of 1956, under the old definition of the word 'workman' it was held that a medical practitioner is not a workman. but under the new ..... i) to (iv) thereafter. this sub-section was substituted by section 3(g) of the industrial disputes (amendment and miscellaneous provisions) act, 1955, for the following original sub-section (s):(s) 'workman' means any person employed (including an apprentice) in any industry to do any skilled or unskilled manual or clerical work for hire or reward and includes ..... was established, the order of dismissal should have been upheld.8. the word 'workman' has been defined under section 2(s) of the act as meaning any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of .....
Tag this Judgment!Court : Guwahati
..... by the orissa high court in rajakishore mohanty v. niranjan mohanty air 1964 orissa 226.though the proceedings under section 145, were sought to be made summary by the amendment act xxvi of 1955 by enabling the parties to file affidavits instead of adducing oral evidence in the box, still it does not deprive the magistrate of his power under ..... to understand the force of his argument, it is necessary to extract sub-section (4) of section 145 cr. p.c. as it stood after and before its amendment by act xxvi of 1955.inquiry as to possession. (4) the magistrate shall then, without reference to the merits 01 the claims of any of such parties to a right to ..... magistrate did not fake into consideration the affidavits filed by the parties. in rudra singh v. bimla devi : air1960pat505 , it was held that although the amendment of section 145 by act xxvi of 1955 has done away with the necessity of examining witnesses in court and has provided that the magistrate can come to his decision on the question .....
Tag this Judgment!Court : Guwahati
..... be appropriately mentioned that the underlined (here in ' ') word 'shall' was substituted for the word 'may' by section 96 of the motor vehicles (amendment) act of 1956. the substitution has its obvious signification. it indicates clearly that whereas the provision was previously discretionary or directory, it became mandatory after the ..... , on 13-12-1967, he happened to carry five passengers and had thereby committed an offence punishable under section 123 read with section 112 of the act the offence was detected by shri sailesh kumar bhattacherjee, the assistant sub-inspector of police, who was on checking duty on assam-agartala road when nilmani ..... convicted and sentenced him to a fine of rs. 200/-, or, in default, 10 days' simple imprisonment, under section 123 of the motor vehicles act, hereinafter called the act. nilmani singh before filing the instant revision petition had moved the sessions judge, tripura, praying that the conviction and sentence should be quashed because the trial .....
Tag this Judgment!Court : Guwahati
..... court shall have superintendence over all courts and tribunals throughout, the territories in relation to which it exercises jurisdiction.'section 40 of the constitution (forty-second amendment) act, 1976, amended article 227(1) and (5) as follows: '(1) every high court shall have superintendence over all courts subject to its appellate jurisdiction.xxxxx(5 ..... question any judgment of any inferior court which is not otherwise subject to appeal or revision, this amendment was with effect, from 1-2-1977.37. the constitution (forty-second) amendment act, 1978, by its section 31 again amended article 227 (1) as follows: '(1) every high court shall bave superintendence over all ..... judicial superintendence on the date of its order as the constitution 42nd amendment act had by then been passed. clause (5) of article 227 introduced a verbatim reproduction of sub-section (2) of section 224 of the government of india act, 1935, which conferred powers of administrative superintendence only and not the .....
Tag this Judgment!Court : Guwahati
..... such inquiry as it think fit for such purposes.' subsequent sections 7b, 7c and 7d deal with the mode of enquiry. this amendment is in line with the west bengal amendment introduced in the court-fees act by the bengal act i of 1936. the one which is material for our purpose is section 7c whose language is the same as that of section ..... 7a of the assam act. by relying on the amendment of 1936, it was held in mahitosh v. satyarajan, (1949) 53 cal wn 340, that the court is not bound by the valuation put by the plaintiff but it can ..... make enquiry as visualised by that bengal amendment.4. according to me section 7a as inserted by assam act xviii of 1947 changes the complexion of section 7(iv)(c) of the principal act. though section 7(iv)(c) gives liberty to the plaintiff to value the relief as deemed fit by .....
Tag this Judgment!Court : Guwahati
..... enquire into reasonableness of the option of the plaintiff to place any valuation whatsoever on his relief. sections 7a to 7d of the court-fees act have been inserted in the court-fees act by the assam amendment act. section 7-a runs as follows : -- 'enquiry as to valuation of suit -- if the court is of the opinion that the subject ..... claim for the purposes of court-fee, that determines the value for jurisdiction. however, the act has been amended in some states to provide for an enquiry.23. by section 2 of the assam amending act xviii of 1947, section 7-a was inserted to the court-fees act. that section 7-a provides : 'inquiry as to valuation of suits : if the court ..... , the present suit will be governed by section 7(iv)(c) of the court-fees act and the court has jurisdiction to enquire into reasonableness of the valuation put by the plaintiff under section 7(iv)(c). the plaintiff is directed to amend the plaint placing the valuation under section 7(iv)(c) and the trial court may exercise .....
Tag this Judgment!Court : Guwahati
..... company.4. the other terms of reinstatement under executive trainee scheme will be as follows:4.1 your appointment will simultaneously be governed by the statutory regulations of apprentices (amendment) act, 1973.4.2 during the period of training you will be paid a consolidated stipend of rs. 1550/- per month subject to your signing an agreement for ..... rigorously held to the standards by which it pro-fesses its actions to be judged and it must scrupulously observe those standards on pain of invalidation of an act in violation of them. the defined procedure, even though generous beyond the requirements that bind such agency must be scrupulously observed. this rule, though supportable also ..... be rigorously held to the standards by which it professes its actions to be judged and it must scrupulously observe those standards on pain of invalidation of an act in violation of them. vide the judgment of mr. justice frankfurter in vitaratti v. seaton. this view is of course not based on the equality .....
Tag this Judgment!Court : Guwahati
..... sought was physically resident or located within the territorial jurisdiction of the high court. with the insertion of clause (1a) renumbered as clause (2) by the 42nd amendment act, if the cause of action arises, wholly or in part, within the territorial jurisdiction of that high court, it may issue a writ against a person or authority ..... to arrive at a satisfaction or belief that any of the conditions stipulated under sub-clauses (a), (b)and (c) of section 132(1) of the act existed. satisfaction confers jurisdiction to the authorities to make the search and seizure and thereafter to proceed. in the absence of satisfaction or any material for satisfaction, the ..... petitioners that their aforesaid locker had been sealed by the respondent authority on march 2, 1995, in exercise of the power under section 132(3) of the act and that no further operation would be permitted in respect of the said locker till the restrictions imposed were withdrawn. the petitioners further state that the fact about .....
Tag this Judgment!Court : Guwahati
..... return. according to mr osmani, since the aforesaid return had been filed for the assessment year 1990-91, the said proviso to section 143(2) of the act of 1961, prior to its amendment with effect from october 1, 1991, applied to the facts of the present case and as the return had been filed for the assessment year 1990-91 by ..... -ii, silchar.3. mr a.f.g. osmani, learned counsel appearing for the petitioner, contended that the proviso to section 143(2) of the income-tax act, 1961, as it stood prior to its amendment with effect from october 1, 1991, fixed the time limit of six months from the end of the month in which the return was furnished within which ..... judgment of the bombay high court in the case of kudilal govindram seksaria v. cit : [1964]54itr653(bom) . section 143(2) of the income-tax act, 1961, and its proviso as it stood prior to its amendment on october 1, 1991, was to the following effect : '(2) where a return has been made under section 139, or in response to a notice .....
Tag this Judgment!Court : Guwahati
..... it has been held - 'a bare look at section 100 cpc shows that the jurisdiction of the high court to entertain a second appeal after the 1976 amendment is confined only to such appeals as involve a substantial question of law, specifically set out in the memorandum of appeal and formulated by the high court .' 10 ..... 1992 this court formulated the following substantial question of law: 'whether the suit was not maintainable for want of notice to the municipality under section 196 of municipalities act?' 9. at the hearing of this second appeal, mr. a. nilamani, learned senior counsel for the respondents, has straneously argued that the case does not involve ..... the defence side. learned additional district judge further held that in the facts and circumstances, the suit is not hit by section 196 of the manipur municipalities act, 1976 for want of notice. learned additional district judge set aside the impugned judgment and decree passed by the learned munsiff and decreed plaintiffs suit by his .....
Tag this Judgment!