Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Sorted by: recent Court: guwahati Page 11 of about 126 results (0.381 seconds)

Duken Hengra Tea Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

..... the contention that the show cause notice issued to the appellant was wholly without jurisdiction and the registrar in the circumstances of the case was not justified in acting as the tribunal.'earlier addressing the question in relation to the practice earlier adopted by the high court while exercising its power under article 226, the supreme court observed in ..... taxes or granting exemption should be understood in the same way in which they are understood in ordinary parlance in the area in which the law is in force or by the people who ordinarily deal with them. a notification issued under the provisions of rules has to be read along with the ..... the other relevant provisions. when a notification is issued in accordance with power conferred by the statute, it has statutory force and validity and, therefore, the exemption under the notification is, as if it were contained in the act itself. it is well settled that when two views of a notification are possible, it should be construed in favour .....

Basant Nath Vs. Union of India (Uoi) and anr.

Court : Guwahati

..... which the military discipline is preserved. it is for the special need for the armed forces that a person subject to army act is tried by court-martial for an act which is an offence under the act. referring to the provisions of the act and the rules, the apex court observed that the procedure prescribed therein is equally ..... of reapprcriating the evidence and materials on record and substitute its findings for those arrived at by the administrative authorities or the subordinate courts and/ or tribunal.26. as alluded above, the decisions relied upon by the learned counsel for the petitioner relate to criminal trial and the deductions and conclusions recorded therein ..... -marital proceedings. at any rare it cannot be higher than the jurisdiction of the high court exercised under article 227 against an order of an inferior tribunal. this being the parameter for exercise of power of judicial review against the findings of a competent authority in court-marital proceedings, and applying the same .....

Paradise Hotel and Restaurant Vs. Airport Authority of India and ors.

Court : Guwahati

..... considered imperative to place on record that mr. chatterjee while arguing the appeals repeatedly submitted that as per provisions of section 16 of the act of 1996, it is the arbitral tribunal which alone has the powers to rule on its own jurisdiction including ruling on any objections, with respect to the existence or validity of ..... a situation where regardless of the question as to the existence or validity of an arbitration agreement, each and every dispute has to be referred to arbitral tribunal for a decision thereon thereby rendering the provisions of section 11 redundant. provisions of section 8 contemplate arbitral proceeding only in an existing proceeding where the defendant ..... , may be invoked only after commencement of the arbitration proceeding on appointment of arbitrators either under section 8 or section 11. the powers of the arbitral tribunal under section 16 are not in negation of the powers of the court under section 8 and powers of the chief justice of a high court under .....

Mrs. Poonam Tiwari Vs. Kendriya Vidyalaya Sangathan

Court : Central Administrative Tribunal CAT Guwahati

1. this application under section 19 of the administrative tribunals act, 1985 has arisen and is directed against the order dated 15.12.187 terminating the services of the applicant as ..... of time the delhi high court transferred the writ petition to the central administrative tribunal, principal bench, new delhi on 28.1.1999. finally, the principal bench transferred the same to the guwahati bench of the tribunal.6. the case was contested by the respondents and a detailed affidavit was ..... probationer as claimed by the respondents. mr. chanda, however, submitted that confirmation cannot be automatic. it requires some positive act on the part of the respondents. whether an employee can be treated as automatically confirmed to a post or it requires an overt ..... act will all depend on the service rules. where the rules provide for a maximum period of probation beyond which the .....

B and a Plantations and Industries Ltd. Vs. Commissioner of Income Tax

Court : Guwahati

..... accounts like given increments to the employees drawn from the employers, the status and position held by the respective employees etc. due to failure of submission of such details, the tribunal acted legally and within the jurisdiction in restoring the order dated 31.3.1987 passed by the assessing officer reversing the order dated 3.10.1988 passed by the cit(a ..... argued that as regards to the question no. 1 relating to disallowance of rs.50,000 u/s 40a(5) of the i.t. act, 1961, here-in-after referred to as the 'act' the tribunal had took a wrong approach in holding that the assessee failed to file the details as required by the assessing officer in order to enable the ..... and it must take the facts as stated in the statement of facts and cannot go beyond that.' 9. taking into account the ratio of the aforesaid cases, we find force in the submissions of the learned sr. counsel appearing on behalf of the assessee and were are inclined to hold that the statement of facts prepared by the .....

B and a Plantations and Industries Ltd. Vs. Commissioner of Income Tax

Court : Guwahati

..... accounts like given increments to the employees drawn from the employers, the status and position held by the respective employees etc. due to failure of submission of such details, the tribunal acted legally and within the jurisdiction in restoring the order dated 31.3.1987 passed by the assessing officer reversing the order dated 3.10.1988 passed by the cit(a ..... argued that as regards to the question no. 1 relating to disallowance of rs.50,000 u/s 40a(5) of the i.t. act, 1961, here-in-after referred to as the 'act' the tribunal had took a wrong approach in holding that the assessee failed to file the details as required by the assessing officer in order to enable the ..... and it must take the facts as stated in the statement of facts and cannot go beyond that.'9. taking into account the ratio of the aforesaid cases, we find force in the submissions of the learned sr. counsel appearing on behalf of the assessee and were are inclined to hold that the statement of facts prepared by the .....

New India Assurance Co. Ltd. Vs. Nalini Boro and ors.

Court : Guwahati

..... was killed by the passengers when he was driving the vehicle and the question was that whether this will be an accident and can claim compensation before the tribunal under the motor vehicles act. the apex court came to a finding that the nature of death of the deceased was an accident arising out of the use of the motor vehicle.15 ..... the deceased persons were not the passengers of the vehicle, they are not entitled to any compensation and that it will not cover the case of this accident. the learned tribunal passed an order that the benefit of no fault liability shall be available and accordingly directed to make payment of no fault liability of rupees fifty thousand in the case ..... which imposed a penalty on a person using on a public road any mechanically propelled vehicle for which a licence under the said act was not in force. in newberry v. simmonds (1961) 2 qb 345, the prosecution was in respect of a motor car whose engine had been stolen some time prior to the period in question. .....

Assam Apex Handicraft and Marketing Co-operative Society Ltd. and anr. ...

Court : Guwahati

..... hearing' and on the strength of written submissions or applications (occasionally supplemented by an informal interview), subject to a right to be heard on appeal to a special tribunal. if, of course, the initial decision is only provisional in the sense that it does not take effect at all until a prescribed period forlodging objections has expired ..... society was not in the interest of the cooperative movement. therefore, the registrar of co-operative societies exercised his power vested under section 65(2) (iv) of the act, and cancelled the registration of the assam apex handicraft & marketing cooperative society limited. apart from others, a copy of the order was also endorsed to the superintendent, ..... to the charges or even to the report said to be obtained under section 60 of the act. the effect of the order passed is that the whole charge is taken by the liquidator and on coming into force of the order the society ceases to exist and vests in the liquidator such consequences impel us .....

Assam Apex Handicraft and Marketing Co-operative Society Ltd. and anr. ...

Court : Guwahati

Reported in : AIR2000Gau35

..... hearing' and on the strength of written submissions or applications (occasionally supplemented by an informal interview), subject to a right to be heard on appeal to a special tribunal. if, of course, the initial decision is only provisional in the sense that it does not take effect at all until a prescribed period forlodging objections has expired ..... society was not in the interest of the cooperative movement. therefore, the registrar of co-operative societies exercised his power vested under section 65(2) (iv) of the act, and cancelled the registration of the assam apex handicraft & marketing cooperative society limited. apart from others, a copy of the order was also endorsed to the superintendent, ..... to the charges or even to the report said to be obtained under section 60 of the act. the effect of the order passed is that the whole charge is taken by the liquidator and on coming into force of the order the society ceases to exist and vests in the liquidator such consequences impel us .....

Panna Singh Vs. Himangshu Karmakar and anr.

Court : Guwahati

..... into consideration the totality of circumstances, we agree with the trial court that annual loss of dependency would be rs. 3,.wo/-. learned counsel for owner submitted that tribunal has not taken into account the chance of remarriage of the widow, who was aged only 19 years and without any child. accident is of the year 1976. ..... no deduction on account of lump sum payment and future uncertainties. there appears to be force in his contention when deduction is not statutory. we, accordingly direct that claimants shall be entitled to compensation of 1,57,000/- as determined by the tribunal.'5. i have perused the available materials on record. on perusal of the impugned ..... follows : the appellant as a claim petitioner filed a claim petition under section 166 of the motor vehicles act, 1988 for grant of compensation of rs. 7,00,000/- along with a petition under section 140 of the said act for compensation under no fault liability due to death of her husband, namely, late pradip singha caused .....