Court : Guwahati
..... part of overall mechanism by which the military discipline is preserved. it is for the special need of 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. to our mind same spirit needs to be followed in considering the sentence passed by the ssfc, for, ..... concerned has to be borne in mind. the standard of discipline and adherence to the principles of showing regard and respect to a superior in an armed force or a para-military force cannot be equated with other civilian departments. a very high degree of discipline, a deep sense of respect to superiors and an abiding instinct to ..... herein to dismissal from service. the sentence was promulgated on 15.5.2000. in terms of the provisions of section 117 of the border security force act, 1968 (hereinafter abbreviated as the bsf act, 1968), the petitioner-respondent made a representation against the said finding and sentence, but the same was turned down by the order, dated 20. .....
Tag this Judgment!Court : Guwahati
..... the assessee in the course of wholesale trade for delivery at the time and place of removal at a price fixed under any law for the time being in force or at a price, being the maximum, fixed under any such law, then, notwithstanding anything contained in clause (iii) of this proviso the price or the ..... such market existed.''23. there can, therefore, be no doubt that where a manufacturer sells the goods manufactured by him in wholesale to a wholesale dealer at arm's length and in the usual course of business, the wholesale cash price charged by him to the wholesale dealer less trade discount would represent the value of ..... postualate of the rule of law, that in exercising their authority and discharging their quasi-judicial function, the tribunals constituted under the act, must be left absolutely free to deal with the matter according to their best judgment. the tribunals must be absolutely unfettered by any extraneous guidance by the executive and/or administrative wing of the state. if .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... been so there would have been no necessity to invoke powers under section 4(1) of the act. nothing has also been brought to my notice to satisfy that they can be regarded as either 'members of the armed forces' or of 'the forces charged with maintenance of public order'. the averment of this petitioner in para i of the ..... of a general court martial by some civil court or official. a force to which the indian army act is thus applied does not thereby become a part of the regular army, nor subject to its tribunals. it merely adopts as its code, similar to the code in force in that army (emphasis supplied).the section was thus understood as ..... of the regular indian army. it also enables government to arrange for such application by providing suitable authorities and tribunal. such a notification as is contemplated by this section might for instance provide that, as regards the force in respect of which it is issued function of the commander-in-chief or the officer commanding a division should .....
Tag this Judgment!Court : Guwahati
..... but that is not the same thing as saying that such circulars would either have a binding effect in the interpretation of the provision itself or that the tribunal and the high court are supposed to interpret the law in the light of the circular. there is, however, the support of certain judicial observations for ..... . that the flat shall be handed over on or before 24 (twenty four) months of this agreement. however in case of unforeseen circumstances, acts of nature, legal impediments, stays, government restrictions, 'force majuere' events, etc., the said period of handing over shall be extended.6. that time being the essence of the agreement, the second party ..... law issued in exercise of the statutory power under section 119 of the act or under corresponding provisions of the predecessor act are binding on the authorities in the administration of the act. the tribunal, much less the high court, is an authority under the act. the circulars do not bind them. but the benefits of such circulars .....
Tag this Judgment!Court : Guwahati
..... appeal had been filed as permissible under section 4(2) of the assam administrative tribunal act, 1997 as the appeal/representation of the appellants against the provisional gradation list had remained undisposed for nearly 6 months. the learned tribunal also observed that there was no administrative decision of the government at the appropriate level ..... jurisdiction to entertain the appeal before it, the conditions precedent contained in section 4(2) of the assam administrative tribunal act, 1977 (hereafter for short referred to as the 'act'), not having been complied with, the judgment rendered by it, is non est in law. referring to the representations said to ..... stated that the approval of the personnel (a) for the special recruit examination for filling up the aforementioned posts from amongst the personnel of police/paramilitary forces/ncc/ex-army/home guards/civil defence/excise/jail/fire service was obtained on 18.07.1992. the personnel (a) department also relaxed the applicability .....
Tag this Judgment!Court : Guwahati
..... are included among scheduled tribes in the general name of tripura, tripuri and tippera. it is further asserted that laskar community or laskar means a body of armed indian tribesmen (force) and therefore the origin of laskar community was tribe which emanated from the tribal' community of tripura which has ultimately been termed as deshi tripura (laskar ..... it was therefore necessary to find out which caste was meant by the use of the name bhovi and for that purpose evidence was rightly recorded by the tribunal and acted upon by the high court. the supreme court accordingly confirmed the view of the high court and held : 'the decision in this case lends no support ..... tribe. the respondent no. 3 having been elected, his election was challenged on the ground that the appellant's nomination paper was wrongfully rejected. the election tribunal held that the appellant was not a member of the khasi tribe and thus his nomination was rightly rejected.in the appeal before the high court the question .....
Tag this Judgment!Court : Guwahati
..... ancillary question as to whether metis rea is an essential element to be read in the penalty proceeding in s. >18(1)(a) of the act. 35. learned counsel for the assessee submits that the tribunal has accepted the principle of law that mens rea is an essential ingredient for imposition of penalty and that the onus is on the department to ..... the code, as amended by the calcutta high court. 11. order 5, rule 15 of the cpc, 1908, as substituted for assam and calcutta high courts and which was in force at the relevant time, ran as follows: ' where, in any suit the defendant is absent from his residence at the time when service is sought to be effected on him ..... , because it was not incorporated in the application of the assessee under section 66(1) of the act of 1922. 28. in our opinion, the principles of law discussed above would apply with equal force to the application under section 27(3) of the act; the correctness of the order of this court calling for a statement of a case can undoubtedly be .....
Tag this Judgment!Court : Guwahati
..... etc. are being paid by the respondent no. 1 with money provided to her by the backdoor financier and not from disclosed source of finance, has therefore sufficient force' is mere ipse dixit of the board. the boarddid not dispute the financial capability of dimbeswar dutta, father of the appellant as well as rabin baruah, brother in ..... and conversant with local situation who is/was statutorily responsible for the settlement, was totally disregarded by the learned board of revenue. the board no less was armed with the appellant power and as such is the highest authority for deciding the question of settlement of liquor shop between the rival claimants. the power of the ..... based oh no evidence. it is true that high court in exercise special jurisdiction does not act as a court of appeal. but it can interfere when there is jurisdictional error apparent on the face of the record committed by the tribunal . in the instant case there was no positive finding of the board that the appellant did .....
Tag this Judgment!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 .....
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