Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Sorted by: recent Court: guwahati Page 10 of about 126 results (0.104 seconds)

Oriental Insurance Co. Ltd. Vs. Dongkholam and ors.

Court : Guwahati

..... the driver not to proceed towards dimapur because of rumour that there was likelihood of attack on the bus by some armed persons on the way. these witnesses have also deposed before the learned tribunal that upon hearing of such probable attack some passengers requested the driver not to proceed further and objected to further proceeding ..... driving licence for driving the bus and after the incident he stopped driving any vehicle. to a suggestion given by insurance company he denied that he was forced to depose that he was at fault for proceeding further towards dimapur and at his own wish he proceeded further. this witness also denied the suggestion that ..... two communities and related to some previous violence between two communities. learned counsel submits that the said incident cannot be termed as accident within the meaning of the act, which was in fact the murder simpliciter, for which the claimants are not entitled to any compensation. replying to a pointed query made by the court .....

Shri Yogesh Shah and ors. Vs. Smt. Dharmeswari Devi Alias Dharmeswari ...

Court : Guwahati

..... court has held in munshi ram v. banwari lal : air1962sc903 that under section 41 of the arbitration act and also under section 141, cpc, it was competent to the court before which an award made by an arbitration tribunal is filed for passing a decree in terms thereof to permit parties to compromise their dispute under order ..... xxiii, rule 3, cpc. though there is no discussion, this court has acted upon the view that the expression 'civil proceeding' in section 141 ..... in cases not covered by rules 1 and 2 of order 39, civil procedure code to issue temporary injunctions restraining parties to the proceedings before them from doing certain acts. the powers of courts, other than the chartered high courts, in the exercise of their ordinary original civil jurisdiction to issue temporary injunctions are defined by .....

Union of India (Uoi) and anr. Vs. J.G. Engineers Pvt. Ltd.

Court : Guwahati

..... . hon'ble supreme court in konkan railway corporation ltd. and anr. v. rani construction pvt. ltd. (supra), has held that the competence of the arbitral tribunal to rule on its own jurisdiction under section 16 was confined to the width of its jurisdiction but extended to deciding whether it had any jurisdiction at all. the ..... at a later point of time if it considers the delay justified.18. for better appreciation section 16 of the act is quoted hereinbelow: '16. competence of arbitral tribunal to rule on its jurisdiction--(1) the arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of ..... above the arbitrator shall give reasons for the award.subject as aforesaid the provisions of the arbitration act, 1940, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this clause.it is term of the contract that the .....

Pritish Ranjan Roy and ors. Vs. State of Tripura and ors.

Court : Guwahati

..... laws because the legislature, in its wisdom, thought that the rights and liabilities arising out of the law and retrenchment should be uniform throughout wherever the act was in force and every state should have its own law in consonance with the central law. this view stand fortified by the judgment of the supreme court in ..... periods (10 to 20 years) through contractor shall involve question of fact, therefore, normally assessment of period could be determined by the labour court and industrial tribunal on evidence and not by the high court or supreme court in writ jurisdiction or under article 136 of the constitution respectively, however, on the basis of ..... the constitution (vide nagpur improvement trust v. yadaorao jagannath kumbhare (1998) 8 scc 99).68. in ramesh kumar sharma and anr. v. rajasthan, civil services appellate tribunal and ors. 2000 air scw 4206, the supreme court held that 'expression 'service rules' cannot be given a restrictive meaning in the absence of the definition of .....

Oriental Insurance Co. Ltd. Vs. Mustt. Rejina Begum and ors.

Court : Guwahati

..... the following four propositions were laid down-1. certiorari will be issued for correcting errors of jurisdiction :2. certiorari will also be issued when the court or tribunal acts illegally in the exercise of its undoubted jurisdiction, as when it decides without giving an opportunity to the parties to be heard, or violates the principles of ..... other cases, he submitted, courts should not entertain petitions under article 226, or in any event not grant any relief to such petitioners.9. we see considerable force in the argument of the learned solicitor-general. we must, however, point out that the rule that the party, who applies for the issue of a high ..... as well as the mechanism for selecting judges to the superior courts. the inclusion of such elaborate provisions appears to have been occasioned by the belief that, armed by such provisions, the superior courts would be insulated from any executive or legislative attempts to interfere with the making of their decisions. the judges of .....

Bibekananda Das Vs. State of Assam and ors.

Court : Guwahati

..... . that is why, the 1967 amendment recognised that 50 per cent of 'the direct recruits by competitive ad hoc appointment were to be reserved for graduate engineers who were commissioned armed forces on a temporary basis'. ultimately, when the rules were amended in 1969 and the rules became statutory in character not only the recruitment by interview but also the relaxation of ..... note that assailing the very maintainability of the appeal by the learned assam administrative tribunal, guwahati, (for short 'the tribunal'), mr. k.n. choudhury, learned senior counsel, has raised a preliminary objection that the appeal was barred by limitation under section 5 of the assam administrative tribunal act, 1977, ('the aat act of 1997', for short) and no application for condonation of delay . having been .....

Megha Assam Coal Mines (India) Ltd. and anr. Vs. State of Assam and or ...

Court : Guwahati

..... udyog (supra) has to be held as the law holding the field today.65. moreover, in their decision in b.p. oil mills ltd. v. state tax tribunal, reported in : [1998]1scr546 , a three judges' bench of the apex court distinguished its earlier decision on the interpretation of the term 'manufacture' in shiv datt ..... by importing limitations not inserted by the legislature. when a notification is issued in accordance with the powers conferred by a statute, it has the statutory force and validity and, therefore, the exemption under a notification is as if it were contained in the statute itself. when two views of a notification are ..... dry batteries purchased by them from the manufactures. the court referred to the definition of the term 'manufacture' contained in section 2(17) of the bombay sales tax act, 1959, which runs as under :'manufacture', with all its grammatical variations and cognate expressions, means producing, making, extracting, altering, ornamenting, finishing or otherwise processing, .....

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... natural justice. the requirements of natural justice must depend on the facts and circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject matter to be dealt with, and so forth.'the apex court has consistently applied the principle of prejudice in several cases. in absence of any ..... pending the appeal, deposit with the adjudicating authority the duty demanded or the penalty levied.provided that where in any particular case, the commissioner (appeals) or the appellate tribunal is of opinion that the deposit of duty demanded or penalty levied would cause undue hardship to such person, the commissioner (appeals) or, as the case may be, ..... time of presenting the application'. in section 6 of the court-fees act, the words are 'file' or 'shall be received'. it would appear from this that the legislature was not at a loss for words if it had wanted to express itself in such forceful manner as is now suggested by counsel for the state. it has .....

Union of India (Uoi) Vs. B.K. Construction

Court : Guwahati

..... for the appellant. the jurisdictional point was not raised earlier under section 16 of the act and as such, such issue deemed to have been waived. section 16 provides as under : '16. competence of arbitral tribunal to rule on its jurisdiction. - (1) the arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the ..... the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force ; or(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to ..... part; or(b) the court find that -(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or(ii) the arbitral award is in conflict with the public policy of india....' 21. as already noticed, under clause (iv) of section 34(2)(a), the .....

Smt. Aniva Dutta, Postal Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2004)(1)SLJ195CAT

..... incidence of the service and that a government servant does not possess a right not to be removed from a place of posting. the tribunal inexercising power under section 19 of the administrative tribunals act, 1985 is not to act as an appellate authority. mr. b.c. pathak, learned addl. c.g.s.c., referring to the fact situation, submitted that ..... works in accounts branch of agartala ho) and smt. ajita datta (divisional office) held me by the upper arms and dragged me into another room. i was so taken aback, that i screamed loudly, crying for help. nevertheless, they forced me into a corner of the room and illegally detained me there. i also saw that outside my chamber, ..... the door physically, and two ladies smt. aniva dutta and smt. ajita datta held me by the upper arms and dragged me into another room. i was so taken aback, that i screamed loudly, crying for help. nevertheless, they forced me into a corner of the room and illegally detained me there. i also saw that outside my chamber, .....