Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: guwahati Page 1 of about 2,529 results (0.040 seconds)

Londhoni Devi and Others Vs. the State Through National Investigation ...

Court : Guwahati

..... particularly, sections 3, 4, 6, 7, 11 and sub-section (5) of section 16 in order to show that the legislative intent, in the enactment of nia act, 2008, is to have an investigation agency to investigate, primarily, offences relating to terrorism, apart from other penal provisions, if required, and for setting up of special court with special scheme for investigation so that investigations are expeditious, fair and appropriately supervised and the trial of the cases, investigated by the nia, be conducted expeditiously and concluded with great ..... construing the non obstante provisions appearing in section 21(1), one has to keep excluded the code of criminal procedure, 1973, from consideration and one has to, therefore, construe the words, appearing in, or used in, the nia act, 2008, more particularly, the term interlocutory order according to their natural and ordinary meaning instead of referring to the construction of the term, interlocutory order, as the said term has been interpreted in the context of the code ..... the term, interlocutory order, in the context of the code, has to be construed as an intermediate order and, therefore, revisable, the term, interlocutory order, which appears in the special statute, namely, section 21(1) and 21(3) of the nia act, 2008, would have to be construed according to its ordinary and natural meaning and when attributed its natural and ordinary meaning, the term, interlocutory order, would convey any order, including even an order, framing charge .....

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

Court : Guwahati

..... learned additional advocate-general, has submitted that in so far as the ordinance making all items of the schedule to the act of 2008 retrospective in operation from october 1, 2001 is concerned, such retrospectivity should be with effect from the dates from which such items were brought into the schedule to the act of 2001 and therefore the provisions of the ordinance in this regard may be suitably read down by the court instead of ..... commerce or in the course of export out of the territory of india or such goods are otherwise despatched outside the state by way of stock transfer by a dealer registered dealer under the central sales tax act, 1956 (central act 74 of 1956);(iii) if such specified goods are imported into a local area in the course of import from outside the territory of india:provided that, if any such dealer, after importing the specified ..... in this regard, sri choudhury has submitted that the proceeds of the entry tax are to be credited and appropriated to a special fund and is to be utilised for the development of infrastructure and for making of provisions for amenities to facilitate trade, commerce and intercourse in the specific areas enumerated ..... -(1) the proceeds of the entry tax minus cost of collection, shall be credited and appropriated to the fund constituted under this section by notification in the official gazette and shall be utilised exclusively for the development of infrastructures or amenities to facilitate trade, commerce and intercourse and it .....

Sorojini Devi and anr. Vs. Oinam Jugeshwar Singh and ors.

Court : Guwahati

..... the said second writ petition, contested the second case talcing the same pleas taken in the first case.after taking into consideration of the relevant provisions of section 57 of the said act, the disputed question of facts in between the parties and also the need for allowing bishnupur zilla parishad to function democratically, the learned single judge passed the impugned judgment and order disposing ..... dated 06.02.2008 a copy of which is at annexure-a/6 of the said writ petition for taking appropriate necessary action within the stipulated time under the said act and ..... direct the chief executive officer, bishnupur to issue the notice for convening a special meeting of the bishnupur zilla parishad in pursuance of the said requisition letter dated 29.01.2008 for consideration of no confidence motion against the sitting adhyaksha and up-adhyaksha within a period of seven (7) days from the date of receipt of this order. ..... take appropriate action under the provisions of the act of 1994 ..... failure of the adhyaksha to discharge her duties as provided under section 57(4) of the manipur panchayati raj act, 1994, herein referred to as the 'act', in connection with convening of a special meeting of the zilla parishad for consideration of the no-confidence motion, they made an application dated 05.02.2008 to the d.c, bishnupur for directing the c.e.o. ..... 127 of 2008, for convening a special meeting of the zilla parishad by invoking the provision of section 57(4) of the said act for consideration .....

Gas Authority of India Ltd. Vs. State of Tripura and ors.

Court : Guwahati

Reported in : (2010)27VST115(Gauhati)

..... or in any manner, shall at the time of making such payment, deduct an amount equal to four percentum of such towards part or, as the case may be, full satisfaction of the tax payable under the act, on account of such transfer of right:provided no such deduction shall be made from the bill(s) or invoice (s) of the transferor--(a) on account of such transfer where the transfer of right to use goods ..... taxes, charge i, agartala, have resisted the writ petition by contending, inter alia, that the transportation charges collected by gail, for transporting gas from ongc to the neepco, ;s a taxable event under the tst act, 1976, and the rules framed thereunder inasmuch as such transportation of gas, according to the contesting respondents, amounts to 'transfer of the right to use' and shall, therefore, be deemed to be a 'sale ..... act is suitably amended by either expanding the definition of 'dealer' or by making appropriate changes in the provisions of section 3, which is the charging section, no person, who transfers the right to use any goods for any purpose, can be held liable to pay sales tax under the tst act ..... : [2009] 20 vst 799 : [2008] 1 glt 49, had the occasion to ..... namita paul [2009] 20 vst 799 (gauhati) : [2008] 1 glt 49, has not imposed any liability to pay 'sales tax ..... vst 799 (gau) : [2008] 1 glt 49, read as under ..... namita paul : [2009] 20 vst 799 (gauhati) : [2008] 1 glt 49, as ultra vires making it clear that no provision, in the statute exists providing for compulsory deduction at .....

Dhanani Shoes Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... statute confers such a power and that a statutory power of review can be exercised subject to such limitations as the statute may impose, yet a court is not powerless, in an appropriate and exceptional case, to rectify its error, because 'an act of court shall prejudice none' and, hence, in exceptional cases, a court can invoke the doctrine of 'actus curiae neminem gravabit' for correcting an error committed by it. ..... their written submission, in the writ petition, have, now, proved to be completely hollow and wholly untrue and incorrect inasmuch as the respondents, in the presently impugned notice, dated april 16, 2008, have dropped the ground of the goods having not tallied with the invoices produced as the ground for seizure of the goods and, instead thereof, what the respondents, now, contend, in ..... the impugned notice, dated april 16, 2008, is that the verification, which they had conducted, before and that after the directions given by this court, in the writ petition, reveal that the seized goods had ..... that 'the seized goods were found to have not been tallying with the invoices produced' has, now, been abandoned as is reflected by the impugned notice, dated april 16, 2008, for, the impugned show-cause notice, nowhere, states that entries in respect of the seized goods had not been made in the books of account, registers or documents maintained .....

Punal Kumar Das, Barpeta and Others Vs. The State of Assam, Represente ...

Court : Guwahati

..... of section 5 of the karnataka state universities act, 2000, the benefit of the distance mode of education is permissible and in fact, the university has been offering the same by obtaining the institutional recognition in 2007-2008, the bsc(it), m.sc(it) and b.sc(itim) courses were approved by the statutory bodies of the kuvempu university and appropriate statutes were also framed empowering the university to ..... the programme wise recognition, it has been contended that the aforesaid three courses were approved by the statutory bodies of kuvempu university and appropriate statutes were also framed empowering the university to start the said courses, which had the approval of the chancellor of the university and ..... conduct through its own departments, its constituent colleges and/or through its affiliated colleges; (b) a university established or incorporated by or under a state act shall operate only within the territorial jurisdiction allotted to it under its act and in no case beyond the territory of the state of its location; (c) the private universities and deemed universities cannot affiliate any college or ..... basis of proposals made on paper with many or most of them having almost zero infrastructural facilities clearly shows that the relevant provisions of the act have completely stultified the power of parliament under entry 66 to make provision for coordination and determination of standards in institutions for higher education like universities, the provisions of the ugc .....

Dulal Ch. Baidya Vs. State of Tripura

Court : Guwahati

Reported in : 2009CriLJ2365

..... but not in accordance with the provisions of section 151 of the act of 2003 wherein it is specifically stated that no court shall take cognizance of an offence punishable under the act except upon a complaint in writing made by appropriate government or appropriate commission or any of their officer authorized by them or a chief electrical inspector or an electrical inspector or licensee or the generating company, as the case may be, for this purpose, it is also contended ..... per section 151 of the act of 2003, the cognizance can only be taken on the basis of the complaint lodged by the appropriate authority as mentioned in the ..... the charge-sheet, the learned special judge framed charge against the accused-appellants under the aforesaid section of the act of 2003 to which the accused-appellants pleaded not guilty and claimed to be tried.4. ..... reasons and discussions, this court is of the considered view that the impugned judgment and order of the learned special judge dated 27-5-2008 requires to be set aside, which this court accordingly do. ..... 53 of 2008 that no cognizance can be taken on the basis of ..... 60 of 2008, shri ..... 60 of 2008 and though the said assistant was examined by the police, he could not be produced ..... 53 of 2008 contended that the entire trial is vitiated as the learned special judge took cognizance on the basis of a police report filed under section 173 of ..... 53 of 2008), for collection of gi wire along with other store materials from the central stores ..... 2008 ..... 53 of 2008 as well .....

Dharma Kanta Mahanta and Others Vs. L.S. Changsan and Others

Court : Guwahati

..... the court subject to what is discussed above, the respondents and all other authorities responsible for ensuring compliance shall be held guilty for committing contempt of this courts order and appropriate order(s) imposing punishment as provided under the contempt of courts act would be passed against each of them. 6. ..... appeal is filed by the respondents and if filed and yet no stay is obtained, judgment and order dated 24.09.2010 passed by the division bench of this court in writ petition (c) no.5085 of 2008 shall have to be complied with in letter and spirit by the respondents within 4(four) months from the date of this order. ..... the operative part of the judgment and order rendered in the writ petition (c) no.5085 of 2008, reads as follows: in the face, a clear and categorical stand of the official respondents in the instant petition that the petitioners are not amongst the 717 assistant teachers whose services ..... filed under sections 11 and 12 of the contempt of courts act, 1971 read with the provisions of contempt of court (gauhati high court) rules, 1977 and article 215 of the constitution of india alleging willful and deliberate violation of judgment and order dated 24.09.2010 passed by the division bench of this court in writ petition (c) no.5085 of 2008. 3. ..... is requested to forward a copy of this order along with the copy of the original judgment and order dated 24.09.2010 passed by the division bench of this court in writ petition (c) no.5085 of 2008 to the respondents, i.e. .....

Md. Anowar Ali and Others Vs. The State of Assam and Others

Court : Guwahati

..... of the certiorari jurisdiction under article 226 of the constitution, the proceeding has to be remanded to the foreigners tribunal constituted under order of 1964 for adjudication in accordance with law, the tribunals constituted under the imdt act having ceased to exist in view of the judgment of the apex court in sarbananda sonowal (supra), as the question whether such person is a foreigner or not must be answered for the purpose of removal of the needle of suspicion on such person ..... the person against whom notice has been issued) to prove that he is not a foreigner and if so, whether the division bench in moslem mondal was correct in holding that though the burden under section 9 of the said act lies on the proceedee to prove that he is not a foreigner, the state is to first adduce evidence confined to the grounds on which the reference rests, before the proceedee discharges his burden to prove that he is not a foreigner ..... numbers of tribunals within 4 (four) months from today for disposal of the pending proceedings within the time frame set in the 1964 order as amended by 2012 amendment order (ii) appoint persons as members of foreigners tribunals by issuing appropriate advertisement and on being selected by a selection committee. ..... state of assam and others, reported in 2008 (1) glt 947 and in the case of rejia khatun v. ..... being aggrieved by the judgment and order dated 1.102010 passed by a division bench of this court in writ appeal no.238/2008 (moslem mondal and others v. .....

Snigdhtanu Shah Vs. State of Tripura and Others

Court : Guwahati

..... while considering the above aspect of the case, it needs to be borne in mind that the notification, dated 25-03-2009, is in exercise of powers under section 33, conferred on the mci by the indian medical council act, 1956, which enables the mci to make regulations with the approval of the central government. ..... aggrieved by the decision of the respondents, this writ petition has been filed by the petitioner, under article 226 of the constitution of india, seeking issuance of appropriate directions to the respondents. 4. ..... /54469 in exercise of the powers conferred by section 33 of the indian medical council act, 1956 (102 of 1956), the medical council of india with the previous approval of the central government hereby makes the following regulations to further amend the regulations on graduate medical education, 1997, namely:- 1. ..... the notification reads as under:- no.mci-34(41)/2008-med. .....