Court : Guwahati
..... do hold, that the armed forces tribunal, under the scheme of armed forces tribunal act, 2007, read with the armed forces tribunal (procedure) rules, 2008, cannot take resort to limitation act, 1963, for the purpose of condoning delay in making an application for review. 39. in short, an armed forces tribunal does not have, under the scheme of the armed forces tribunal act 2007 read with armed forces tribunal (procedure) rules, 2008 ..... , by the authorities concerned. 5. the petitioner had put to challenge, by way of an original application, made under sections 14 and 15 of the armed forces tribunal act, 2007, in the regional bench, guwahati, the legality, validity and sustainability of the court of inquiry, the charge-sheet, which had been issued to ..... though there can be no doubt that in the light of the provisions of section 14(4)(f) of the armed forces tribunal act, 2007, (in short, aft act), the aft does have the power to review its own order, an aft cannot review, in the face of rule 18 of .....
Tag this Judgment!Court : Guwahati
..... to which it exercises jurisdiction. every h. c. therefore, has got powers of superintendence over all cts. & tribunals functioning within the limits or its territorial jurisdiction, except cts. or tribunals constituted by or under any law relating to the armed forces. under section 107, govt. of india act, the powers of superintendence could be exercised only over cts. subject to the appellate jurisdiction of the ..... h. c. under article 227 this is not the case. ail cts. & tribunals, even if they are not subject to the .....
Tag this Judgment!Court : Guwahati
..... example, there may be laws framed under the constitution which are expressly framed to apply to the servants of the state or to the members of the armed forces, which law would become utterly irrelevant and totally inapplicable to the ordinary persons who have nothing to do with any employment in and in the defence of ..... and chosen for reference to the special judge.in niemala textile finishing mills ltd. v. second punjab tribunal section 10 of the industrial disputes act, 1947, was challenged. it was contended that section 10 of the said act was discriminatory in its ambit as under it the appropriate government could pick and choose one or other ..... following section shall be substituted, namely :37. powers of income-tax authorities. - (1) the income-tax officer, appellate assistant commissioner, commissioner and appellate tribunal shall, for the purposes of this act, have the same powers as are vested in a court under the code of civil procedure, 1908 (v of 1908), when trying a suit in .....
Tag this Judgment!Court : Guwahati
..... was not to avoid capital gains tax. however, in appeal against the gift-tax assessment, it was argued before the tribunal that there was no element of gift in the transfers which had to be made under force of circumstances by the assessee. alternatively, it was argued that the sale of 100 shares belonging to the minor son ..... like sentimental consideration such as love and affection. we are also not impressed with the contention of the learned counsel for the assessee that the transactions were at arms length. the circumstances narrated above show that these shares were transferred to the sons at a consideration which was lower than the market value as the assessee wanted ..... of gift the shares standing in the name of minor son and transferred should also be considered. but for the provision of section 64 of the income-tax act, the assessee would have certainly claimed that the income from those shares should not be included in the hands of the assessee. under the general law the transaction .....
Tag this Judgment!Court : Guwahati
..... the territory of india. but this shall not apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the armed forces.14. in bharat bank ltd. v. the employees of the bharat bank ltd., air 1950 sc 188, kania c. j. analysed the nature of ..... a revenue court as envisaged in the c.p.c12. in the new english dictionary the meaning of court is : assembly of judges or other persons legally appointed and acting as tribunal to hear and determine any causes -- civil, criminal, military or naval. according to the webster's twentieth century dictionary, one of the meanings of court is the ..... rights of one subject against another or questions of right between the subject and the state and discharging its functions according to the established form of judicial procedure. when a tribunal acts in a manner similar to that of a court of justice, one has to look to its (1) constitution, (2) functions and (3) procedure in order to .....
Tag this Judgment!Court : Guwahati
..... article the high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction except over any court or tribunal constituted by or under the law relating to the armed forces. the collector, acting under section 30 of the act is not excepted. in the instant case the error of law ..... as to limitation is apparent, there being no limitation prescribed under section 30 of the act. in mrs. khorshed shapoor v ..... 226, on the same ground. in air 1968 sc 1481, the collector in the matter of awarding compensation under bombay talukdari tenure abolition act was held to be a tribunal.17. in the instant case the collector erred in treating the two applications, as objections under section 9, and in rejecting the applications .....
Tag this Judgment!Court : Guwahati
..... so much so, that the entire state of assam was declared a 'disturbed area' and the assam disturbed areas act as well as the armed forces (special powers) act had to be brought into operation. the skeleton police force were too meagre to keep traces of the persons indulging in unlawful activities throughout the length and breadth of the ..... bhagwati, j. in khudiram (supra), added the following expressions of lord finlay in rex v. halliday, 1917 ac 260:the court was the least appropriate tribunal to investigate into circumstances of suspicion on which such anticipatory action must be largely based.from the very nature of the proceeding it is well nigh impossible to test ..... section (ii) at pages 1061 and 1062. the action of the government was found to be justified by the tribunal constituted under the act. therefore, 'prepak' is one of the assemblies declared to be so, under 'the act'. any member of the organisation carries with him the stigma that he is a member of a secessionist organisation. .....
Tag this Judgment!Court : Guwahati
..... the senapati district of manipur, hereinafter referred to as the 'the district, having been declared as a disturbed area under section 3 of the armed forces (special powers) act, 1958, hereinafter referred to as 'the act', alleging infringement of the fundamental rights guaranteed under arts. 14, 19(1), 21, 22, 23, 25 as well as other constitutional and ..... whole or any part of the state or union territory to be a disturbed area.' by section 4 of the armed forces (assam and manipur) special powers (amendment) act, 1972 (act no, 7 of 1972) for section 3 of the principal act, the following section was substituted, namely : '3. if, in relation to any state or union territory to ..... by him in the exercise and performance of those powers and duties. provided that the conduct of the president may be brought under review by any court, tribunal or body appointed or designated by either house of parliament for the investigation of a charge under article 61 : provided further that nothing in this clause .....
Tag this Judgment!Court : Guwahati
..... compensation will also be given in certain limited circumstances for disease.....at the same time, on unanimous recommendation of the committee, provision has been made for special tribunals to deal cheaply and expeditiously with any disputes that may arise and generally to assist the parties in a manner which is not possible for the ordinary civil ..... disability cannot be sustained.8. it may be noted that the accident occurred on may 26, 1984. thereafter amendment in the act has been brought into force on july 1, 1984. therefore the provisions of the act as it stood prior to the amendment will have to be applied. we are, therefore, applying the provisions of section ..... shows # # pubic rami both side.rt. hip shows # # pubic rami & impacted # # neck of famur.chest shows # # ribs (lt.) from 4 to 6 ribs.lt. arm shows # # m/3 of lt. humerus & neck of humerus.after obtaining the aforesaid certificate the applicant had taken treatment from a private doctor. dr. k.k. mittal has issued certificate .....
Tag this Judgment!Court : Guwahati
..... court observed : 'to overcome this ugly situation the legislature has made it obigatory that no motor vehicle shall be used, unless a third party insurance is in force.' referring to the right of the insurer to stipulate conditions in the policy, the supreme court observed : 'the insurance policy might provide for liability wailed in by ..... the appellate forum also and the right of appeal is restricted to raising contentions enumerated in section 149 of the act unless, of course, the tribunal has passed an order under section 170 of the act, or unless the insurer has reserved in the policy the right to contest the claim on behalf of the insured. the ..... third party risks. (vide section 96), in other words, the legislature has insisted and made it incumbent on the user of a motor vehicle to be armed with aninsurance policy covering third party riskswhich is in conformity with the provisionsenacted by the legislature. it is so provided inorder to ensure that the injured victims ofautomobile .....
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