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Judgment Search Results Home > Cases Phrase: assam rifles act 2006 section 15 remedy of aggrieved persons other than officers Page 1 of about 1,597 results (0.217 seconds)

Jul 26 2010 (HC)

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... space or through cables, direct to home signals or by any other means to cable operator including multisystem operator or any other person on behalf of the said agency or organization, by its branch office or subsidiary or representative in india or any agent appointed in india or by any person who acts on its behalf in any manner;likewise, the term 'broadcasting agency or organization' was again redefined under section 65(16) of the finance act, 2005, which is being reproduced hereunder:65. ..... are firmly of the opinion that even though the constitutional scheme is clear that the levy and imposition of the entertainment tax as covered by entry (62) of the state list is clearly distinct than the levy and imposition of service tax as originating from entry 92 (c) of the union list, both the legislations operate in different, distinct and independent fields and therefore, both the legislatures, ..... company started to transmit tv programmes to its customers in the state of uttarakhand soon after it obtained its statutory licence on 24.03.2006, it successfully avoided paying any 'entertainment' tax thereon through the legal process which had culminated in favour of the petitioner company ..... the entertainment act, 1979, to the effect, that there was no provision therein, whereby entertainment tax could be levied on 'direct-to-home' (dth) broadcasting service, stood remedied by an amendment made in the definition of the term 'entertainment' under section 2(g) of the entertainment act, 1979 .....

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Jun 03 1983 (HC)

indrajit Barua Vs. the State of Assam and anr.

Court : Delhi

Reported in : AIR1983Delhi513

..... sections 4 and 5 of this act read as under: 'section4 : power to fire upon persons contravening certain orders: any magistrate or police officer not below the rank of sub-inspector or havaldar in case of the armed branch of the police or any officer of the assam rifles not below the rank of havaldar, may, if in his opinion, it is necessary so to do for the maintenance of public order, after giving such warning, if any, as he may consider necessary, fire upon, or otherwise use force even to the causing of ..... state .of madras, : 1950crilj1383 that articles 19 and 21, or for that matter the various articles in part iii of the constitution, are not complementary to each other but deal with separate and distinct rights has undergone a considerable change by the pronouncement of the judgment of a constitution bench of seven judges in smt. ..... put it, if a law ensures and protects the greater social interest than such law will be a wholesome and beneficial law although it may infringe the liberty of some individuals : it will ensure for the liberty of the greater number of the members of the society at the cost of one and a ..... surviving ruins show that the kacharis at -this period had attained a considerably higher state of civilization than their conquerors. .....

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Mar 16 1993 (HC)

Sashidhara Kurup Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... the second respondent, as would appear from the judgment and order dated 14-7-88, after examining the witness and on plea of guilt, sentenced the revisionist in terms of the following order :--i find you guilty under section 7(f) of the assam rifles act, 1941 beyond all reasonable doubt on your own admission to charge firstly and as per the evidence brought before me by the other witnesses on charges secondly and thirdly. ..... on 11th july, 1988 while the revisionist was in custody, he was served with the summon asking him to appear before the 2nd respondent on 12th july, 1988 to answer charges under section 7(f) of the assam rifles act, 1941 (hereinafter the act) for committing acts prejudicial to good order 'and discipline. ..... therefore, i hereby convict you under section 7(f) of assam rifles act, 1941 and sentence you to undergo a sentence of rigorous imprisonment of the year in civil jail.5. ..... this revision is directed against the judgment and order dated 14-7-1988 passed by the 2nd respondent (commandant) convicting the revisionist to undergo a sentence of one year rigorous imprisonment in civil jail under section 7(f) of the assam rifles act, 1941.2. ..... the revisionist at the relevant time was havildar in the establishment of assam rifles and was posted at khonuma out post. ..... (b) the summons containing allegations against the petitioner were vague and wholly lacking in material particulars;(c) the petitioner was not given any opportunity to be defended by a person of his choice. .....

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Mar 20 1991 (HC)

Peoples Union for Human Rights (Represented by Ramesh Kumar JaIn and o ...

Court : Guwahati

..... the words 'any officer of the assam rifles not below the rank of havildar' in section 4 and the words 'any officer of the assam rifles not below the rank of jamadar' in section 5 of the 1955 act were deleted. ..... in his absence by a police officer by summoning all male persons other than the armed forces. ..... it was specifically held that a woman is not to be requisitioned by the army officials for attendance at any place other than her residence, as provided in section 160(1) of the code of criminal procedure. ..... we have witnessed the effects on persons as to how it affected to their detriment.we direct the central government and the government of assam, within a month to issue instructions to the above officers: (a) any person arrested by the armed forces or other armed forces of the union shall be handed over to the nearest police station with least possible delay and be produced before the nearest magistrate within 24 hours from the time of arrest. ..... section 4(d) of the 1955 act states any officer, warrant officer, commissioned officer or non-commissioned officer can arrest a person without warrant who has committed a cognizable offence or on suspicion. ..... income tax returns and assessment orders were made the basis for the determinations of the amount of ransom and while assessing the capability to pay 3 to 4 times more than the asserted income was assumed as the total income of the persons. .....

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Apr 13 2007 (HC)

Mysore Agro Chemical Company Private Ltd. and anr. Vs. Union of India ...

Court : Guwahati

..... the petitioner having been intimated about the proposed date of opening of the cost bid on 9.8.2006, it by its letter dated 8.8.2006 while underlining that the tender notice was for bionol requested the authoriti es of the assam rifles to verify at the technical stage itself as to whether the other bidders had obtained its approval to bid for the said product as only it and its associates were permitted to do so and any offer without its approval ..... by a subsequent fax message dated 10.8.2006 from the colonel, medical section, assam rifles, shillong, it was for the first time conveyed to it that a corrigendum was published in the issue dated 20.6.2006 of the daily 'the telegraph' to the ..... therefore, there was no scope to interchange bionol with cardol/cardonol after the corrigendum.the board of officers of the assam rifles as constituted thereafter met on 11.7.2006 to open the technical bids of the contending tenderers. ..... introducing itself to be a private limited company incorporated under the companies act, 1956, the petitioner has averred that it is registered as well under section 9(4) of the insecticides act, 1968 (hereafter referred to as the act) as a manufacturer of different insecticides including different types of solvents (xylene, cyclohexanone, ..... say, depending on the results of the enquiry, the said authority would take appropriate action in law against the erring persons and ensure that such illegalities do not recur in future. ..... 76/- than that of the petitioner (l2) .....

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Jul 15 1998 (HC)

Smt. Yuvarani Kempucheluvajammanniavaru Trust, Mysore Vs. Special Depu ...

Court : Karnataka

Reported in : ILR1998KAR3293; 1998(6)KarLJ609

..... iii (entry 7) indicating the requirements coming under 'other particulars prescribed to be included' in preparation of draft statement -- under section 8(1)(2) of the act -- which is required to be served on the person concerned under section 8(3) of the act along with notice, which entries clearly reveal the legislative intent that if application has already been made under section 20 of act its fact or result as per government's order is also to be mentioned or indicated in draft statement (proposed) prepared under section 8(1) and (2) of the act, which shows and indicate that application ..... reference in this connection may be made to the decision of their lordships of the supreme court in the case of punjab land development and reclamation corporation limited, chandigarh v presiding officer, labour court, chandigarh and others, wherein their lordships have declared and laid it down that article 141 of the constitution really gives a statutory recognition to and has embodied in itself as a rule of law, the doctrine of precedent on which our judicial system is ..... feeling aggrieved from the order passed by the competent authority, the petitioners filed the appeals as referred to above and writ petition no. ..... the expression 'declared' is wider than the words 'found or made'. .....

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Oct 25 1989 (SC)

Gopika Ranjan Choudhary, General Secretary of Union of Assam Refles No ...

Court : Supreme Court of India

Reported in : AIR1990SC1212; JT1989(4)SC173; 1989(2)SCALE898; 1989Supp(2)SCC616; [1989]Supp1SCR727

..... under the assam rifles act, 1920, for its protection ..... of the force (such as the udas and ldas with whom we are concerned in the present case), the commission recommended two different scales of pay, one for those attached to the head quarters and the other to the battalions/units, and the same came into force by an order of the ministry of home affairs issued in march 1975. ..... namely, that if as is alleged by the appellant and contrary to the contention of the union of india, the cro and upao at the headquarters is a different unit and not a part of the headquarters, then the staff attached to the office at the headquarters is not entitled to emoluments higher than those drawn by the staff of the units/battalions. ..... is quite 'distinct' establishment from the range headquarters/battalions, and the justification made by it of the higher emoluments of the staff at the headquarters on the ground that they are enjoying the same as allowed to the other staff of the headquarters since its inception in 1962. ..... , to apply its mind to these aspects and record its finding as to whether although the cro and upao is not a part of the establishment of the headquarters, the higher emoluments would be justified on account of the said other factors.10. ..... of higher emoluments to the said staff merely on the ground that the establishment is at the place where the headquarters is situate, is discriminatory as against the staff at the units/battalions since it is in no way different from the other units. .....

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Nov 17 2006 (HC)

itc Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... of sale or use under the assam public distribution of articles order, 1982.provided further more that no tax shall be levied under this section on the entry of scheduled goods into a local area, if it is proved to the satisfaction of the assessing authority in such manner as may be prescribed, that such goods have already been subjected to entry tax or that the entry tax has been paid by the importer or any other person under the act in respect of the same goods ..... local or regional fears or apprehensions raised by local or regional problems may persuade t h-e state legislature to adopt remedial measures intended solely for the protection of regional interests without due regards to the their effect on the economy of the nation as a whole. ..... choudhury, it is the specific stand of the respondents, as reflected from their consolidated affidavit-in-opposition, dated 3.3.2006, that the entry tax, in the present case, is compensatory in nature and, in fact, the state government has been spending on development of infrastructure to facilitate trade and commerce within the territories of various local bodies and the amount, so spent, is higher than the amount collected by way of entry tax. ..... wealth tax officer : [1969]68itr897(sc) and indu bhushan bose v. ..... aggrieved by the interim directions, given by this court as indicated hereinabove, the respondents preferred an appeal, which gave rise to writ appeal no. .....

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Oct 29 2008 (HC)

U.K. Mahapatra and Co. Represented by Its Partner Sri Sudhansu Ranjan ...

Court : Orissa

Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)

..... on 23.07.2008 has taken a similar view.even though section 133a of the act does not provide for communication of the recorded reason of the chief commissioner or director general and the reason advanced by the officer seeking extension of time for retention of impounded books/documents beyond the prescribed period of ten days to the person from whose custody documents were impounded, in all fairness, it should be communicated to the concerned person who is bound to be materially prejudiced because of such ..... it is all the more necessary to observe this rule where power is of a drastic nature and its exercise in a mode other than the one provided will be violative of the fundamental principles of natural justice.in hira cement workers union v. ..... the survey party impounded those documents, being aggrieved by the aforesaid action of opposite parties, the petitioner made an application to opposite party no. ..... there are other documents as annexure-h/2 dated 11.06.2006; annexure-i/2 dated 23.09.2008; and annexure-j/2 to the counter affidavit, which also reveal that opposite parties conducted survey under section 133a in the business premises of the petitioner.therefore, in the present case, survey conducted in the premises of the petitioner-chartered accountant under section 133a is without authority of law.8. ..... : [2006]287itr91(sc) and reaffirmed in sahara india (firm) v. .....

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Feb 15 1960 (HC)

In Re: K.R.P.L. Chockalingam Chettiar

Court : Chennai

Reported in : 1960CriLJ1625

..... ill sections 7 to 18 surrender of fugitive criminals in case of states other than foreign states, the expression "extradition offence" is defined in section 2 (b) and sch. ..... the term "political agent" in section 7 has to be read with section 3 (40) of the general clauses act, and includes a principal officer representing the government in any territory or place beyond the limits of british india and any officer of the government of india or of any local government appointed by the government of india or the local government to exercise all or any of the powers of a political agent for any place not forming part of british india under the ..... sovereign's dominions and to the changed status of india a re- public and added that the act continued to operate by virtue of section 1(1) of the india (consequential provisions) act, 1949, which provided for the continuance of all existing laws, until provision to the contrary was made by the authority having power to alter the law to have the same operation in relation to india and to persons and things in any way belonging to or connected with india, as it would have if india had ..... the jurisdiction to hear a case and to commit a fugitive to prison to await his return is exercised in a british possession by any judge, justice of the peace or other officer having the like jurisdiction as one of the metropolitan police magistrates at bow street, or by such other court, judge or magistrate as may be named for the purpose of local legislation. .....

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