Court : Guwahati
..... cinema subsequently known as annapurna talkies on personal capacity. gold business was self acquired. he declared actual state of affairs before appropriate authority after gold control act came into force. further assertions were that he purchased maliki right of land and house of annapurna talkies from his own fund, that the brothers were separated long before ..... property. harihar lal died in 1944 and the life estate so long held by his widow plaintiff/respondent no. 1 became absolute after hindu succession act, 1956 came into force in 1956. kanai lal lala inherited 1/4th share in the properties of his father and as such plaintiff/respondent no. 2 inherited said share ..... owned by the defendants predecessor mohan lala or a partnership property of defendant nos. 2 to 4 and if so, whether partition is barred under indian partition act?40. the learned trial judge, having considered the submissions and arguments put forward on behalf of the parties on the basis of issues mentioned herein above, .....
Tag this Judgment!Court : Guwahati
..... employees had worked for some length of time but this has also been brought about by the pendency of proceedings in tribunals and courts initiated at the instance of the employees. moreover, accepting an argument of mis-nature would mean that the state ..... of 6(six) months from today.41. having heard the learned counsel for the parties, we find enough and sufficient force in the submissions of the learned senior counsel representing the respondents. we do hereby accept the findings and views recorded by ..... the employment with open eyes. it may be true that he is not in a position to bargain --not at arm's length--since he might have been searching for some employment so as to eke out of his livelihood and accepts whatever ..... or of adhoc employees who by the very nature of their appointment, do not acquire any right. the high courts acting under article 226 of the constitution, should not ordinarily issue directions for absorption, regularization or permanent continuance unless the recruitment .....
Tag this Judgment!Court : Guwahati
..... official duties, the responsibility of the state by way of strict liability must be found in cases, where rights of citizen's are violated through the acts of such armed personnel. when the claim of the citizen is based on the principle of strict liability, it may not be justified to deny the vicarious liability of ..... petitioners who were dependent on the earnings of the deceased.11. having held that the state is vicariously liable for the acts of its armed personnel to compensate the victim of illegal acts of its designated armed personnel assigned on official duty, the further question that needs to be answered by the court is the amount of compensation ..... right to life of a citizen guaranteed by the constitution of india. when the state engages armed personnel for discharge of state duties, it must be prepared to accept liabilities arising out of acts of commission or omission of its forces. if the commander of constable mahadev was vigilant, the constable could not have wavered from his .....
Tag this Judgment!Court : Guwahati
..... by the learned counsel to contend that direction should be issued by the court to ensure that the impugned seismic survey is not done in violation of laws in force as it is necessary to protect the environment and forest for the greater benefit of the people.3.4. two decisions reported in : air2006sc2038 , karnataka industrial ..... so on.therefore, in addition to the mitigating measures, if all the personnel to be engaged in the survey are pre-trained, we expect that the workers would act responsibly. necessary sensitization on the environment and ecological aspects would necessarily be expected to be made for all the personnel, who are to be associated with the survey ..... negative affect of such surveys and even such affect is temporary and not long lasting. it also appears that by ensuring that the recommended mitigating measures are in force and in operation at the time of conducting the seismic survey, even the remote possibility of an adverse impact can altogether be ruled out. this is the .....
Tag this Judgment!Court : Guwahati
..... director of elementary education, assam, are-quest was made to purchase the science kits by observing all financial rules and procedure in force. it was indicated that upon failure to do so, same will attract afrbm act, 2005. just on the following day, i.e. 13.11.2007, the director of elementary education, assam by his ..... directing the director of elementary education, assam to purchase the science kits by observing all financial rules and procedure in force. it was indicated that upon failure to do so, same would attract the provisions ofafrbm act, 2005. there is also nothing to indicate that the finance department of the government of assam was actively associated ..... by the government of assam in the education department with a direction to the director to purchase the science items by observing all financial rules and procedure in force, the director placed the order with the respondent corporation which in turn placed the supply orders with the third party. as noted above, things moved in .....
Tag this Judgment!Court : Guwahati
..... may either reach the same conclusion or reiterate its earlier conclusion or it can reach a different conclusion. during such extended investigation, the investigating agency can either act on the same materials or on other materials, whichmay come to theirnotice, and it is really for the investigating agency to exercise its powers, when it is ..... who had been named by the informant as accused, the charge-sheet stated that no evidence against them was found. the learned chief judicial magistrate, cachar, having acted upon the charge-sheet, so submitted, took 'cognizance' of offence under section 304b ipc and directed issuance of process against the sole accused named in the charge- ..... to the consent given under section 6 of the act and whether consent given for investigating into crime no. 246 of 1994 was redundant in view of the general consent earlier given by the state of kerala.25. before coming into force of the code of criminal procedure, 1973, there was no specific provision in the .....
Tag this Judgment!Court : Guwahati
..... rejecting the review petition and, therefore, the original order can be challenged in appeal as provided under section 23 of the railway claims tribunal act, 1987. such order merges with the order passed in the review petition only when the application for review is accepted by the learned ..... by the apex court, the appeals preferred by the appellant against the original judgment and orders are maintainable, as the review petitions were rejected by the learned tribunal.8. the first question, which, therefore, requires consideration in the present appeals, is whether the appeal preferred by the appellant against the original judgments and orders ..... and also the provisions contained in the indian railway commercial manual relating to cancellation of the interception/diversion order. according to the learned counsel, the learned tribunal did not also consider the plea of the railway relating to the jurisdiction to entertain the application challenging the penalty imposed due to the over weight .....
Tag this Judgment!Court : Guwahati
..... be claimed that a decision alleged to be vitiated by a breach of natural justice would still have been reached had a fair hearing been given by an impartial tribunal. the maxim is applicable precisely when the court is concerned not with a case of actual injustice but with the appearance of injustice or possible injustice. in altco ..... 1990 had been amended under the govt. notification no. 2/28/89-pic dated 11.10.96. the said manipur services (revised pay) amendment rules, 1996 came into force on the 1st day of january, 1986 notionally, although cash payment shall be with effect from 01.05.1994. the principal-respondents (writ petitioners) further pleaded that the present ..... ) is quoted hereunder:para 8. the contention of learned counsel for the respondent is confined that there was no enquiry in terms of section 6 of the said act. there is no submission of any defence on merit. even before us when we granted learned counsel an opportunity to give any prima facie or plausible explanations on .....
Tag this Judgment!Court : Guwahati
..... proper justice from the high court in appropriate cases and duty of the court is to nullify injustice to protect and provide justice. more so, if a tribunal while acting even within its jurisdiction makes an error of law, which it reveals on the face of its recorded determination, then the court in exercise of its ..... also be amended even by the parliament. the reason behind this is that the framers of the constitution considered that the people/citizens of the nation be armed with certain powers to seek justice and for that purpose, the constitution vested the high courts with wide power of judicial review under article 226 and power ..... is considered by way of forwarding the letter of objection to the appointing authority, the commissioner of industries & commerce, and forced the petitioner to participate in the arbitral proceeding. the arbitrator is actually acted as an purported agent of the appointing authority and by this time it is settled that the arbitrator is not a conciliator .....
Tag this Judgment!Court : Guwahati
..... enjoyed by krishna kanta barkataky and ajit barkataky.16. in the face of the above findings of facts, which the learned tribunal itself had arrived at, it becomes clear that there is considerable force, in the submissions made on behalf of the appellant, that having reached the conclusion that the agricultural lands, in question, ..... be explained by the assessee, the assessee should be given an opportunity of doing so. on no account whatever should the tribunal base its findings on suspicions, conjectures or surmises nor should it act on no evidence at all or on improper rejection of material and relevant evidence or partly on evidence and partly on suspicions ..... members aforesaid shall be computed according to the portion of the joint family property allotted to him or it at such partial partition,and the provisions of this act shall apply accordingly.explanation.- in this section,:(a) 'partition' means:(i) where the property admits of a physical division, a physical division of the property .....
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