Court : Guwahati
..... one of the main grounds taken in this revision petition is ground 'm' reads as under; '(m) for that the suit is bad for nonjoinder of necessary party namely the state of nagaland and therefore no executable order could be made in the present case.' 4. .....
Tag this Judgment!Court : Guwahati
..... according to shri agarwalla, the decisions relied upon by him would support his view that in a given case, if there are several sets of information in the possession of the authority and one of such information is bad in law, the decision arrived at on consideration of all the information in possession will not stand vitiated if other lawful and valid information is independent, severable and capable of leading to the formation of belief as required under section 132. ..... state of uttar pradesh : [1954]1scr418 , it was held that such an order would be a bad order, the reason being that it could not be said in what manner and to what extent the valid and invalid grounds operated on the mind of the authority concerned and contributed to the creation of his subjective ..... and argued that consideration of the inadmissible information emanating from the cag report along with other information, if any, have vitiated the decision making process and, as such, the warrants of authorisation issued are bad in law. ..... the warrants of authorisation having been issued in violation of the provisions of section 132 is obviously bad in law. .....
Tag this Judgment!Court : Guwahati
..... . reacting to the above, the apex court held that no doubt, a delegation of essential legislative power would be bad, but the fixation of the rates of taxes is not of the essence of legislative power of taxation and that the fixation of rates of taxes may be legitimately left by a statute to a non-legislative authority, for, there is no distinction in principle between ..... but before the legislation, with respect to a subject in one list and touching also on a subject in another list, is declared to be bad, the courts apply the rule of pith and substance. ..... todi, such collections cannot be held to be bad in law.62. ..... writ petitioner to challenge the validity of section 144 read with section 416 of the gmc act, 1971, and the 1976 bye-laws is that the levy is good, but the manner in which it is sought to be collected is bad. .....
Tag this Judgment!Court : Guwahati
..... of the arbitration by both the parties by accepting the superintending engineer as well as engineer-in-charge as the final adjudicator and hence the arbitrator cannot pass any award declaring determination/recession of the contract as bad and, therefore, also cannot pass any award awarding any amount for such determination/recession of the contract, even though the matter was referred to arbitrator, as the arbitrator has to pass the award strictly ..... into by the arbitrator in view of the agreed terms of contract as contained in clause 3 of the contract agreement, the entire arbitral award passed by the arbitrator by holding that the recession/determination of the contract was illegal, is bad in law being contrary to the agreed terms of contract vis-a-vis the provisions of the act and, therefore, the entire arbitral award is to be set aside.31. mr. ..... dutta, the learned senior counsel, on the other hand, has submitted that when the arbitrator has found the recession of contract as bad and wrongful, the respondent is entitled to the amount towards the anticipated profit, which the respondent would have earned had the contract not been terminated ..... award can be passed by the arbitrator about the legality or otherwise of the recession of the contract and, therefore, the entire award passed by the arbitrator by holding that the recession of the contract was illegal and bad in law being contrary to the terms of contract entered into between the parties as well as provisions of the act. .....
Tag this Judgment!Court : Guwahati
..... as well as on reappreciating the evidence on record if the high court is satisfied that the reasons given by the trial court for acquittal are totally unsustainable and the appreciation of evidence made by the trial court is per se bad, then, there would be no limitation, on the power of the high court, to set aside the order of acquittal, see banwari ram and ors. v. ..... the high court, therefore, has full powers, while hearing an appeal against an order of acquittal, to reappreciate the evidence and to come to a conclusion as to whether the order of acquiital passed by the trial court is per se bad or not. .....
Tag this Judgment!Court : Guwahati
..... of its alleged contradiction, inconsistency and direct clash with the central acts, namely, the act 1910, supply act, 1948, indian contract act and the industrial disputes act; and whether the act is bad and liable to be set aside for non receipt of president's assent.taking this view of the matter, this court did not allow the prayer of some of the applicants for impleading them as party respondents in this ..... . a law which is ultra vires in part only may thereby become ultra vires in whole if the object of the act cannot at all be attained by excluding the bad part ..... a law which is ultra vires in whole if the object of the act cannot at all be attained by excluding the bad part............ .....
Tag this Judgment!Court : Guwahati
..... c-14 and from the same it is found that the claimant was in a very bad physical condition and he was returned without further treatment. ..... the appellant is that the claimant failed to adduce any medical certificate supporting his case that he suffered 100% permanent disablement and in absence of such medical evidence the impugned award passed by the learned tribunal is bad in law and liable to be set aside. .....
Tag this Judgment!Court : Guwahati
..... view of the matter, any notification issued by government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be bad to that extent.'38. ..... (supra) squarely applies and withdrawal of the notification dated 1.3.2001 is bad in law.40. ..... of india is repugnant to industrial policy of the government of india as incorporated in office memorandum of 24.12.1997 and is bad in law. ..... the decision taken by the government of india has resulted in industrial policy of 24.12.1997 and any notification issued by the government of india in exercise of the power, it is found to be repugnant to the industrial policy shall be bad in law. .....
Tag this Judgment!Court : Guwahati
..... otherwise, an order bad in the beginning may, by the time it comes to court on account of a challenge, get validated by additional grounds later brought out. .....
Tag this Judgment!Court : Guwahati
..... however, it was open to the assessee to contend that the officer did not hold the belief that there bad been such non-disclosure.31. in n. ..... besides, the first respondent having finalised the assessment for 1985-86 after completing all investigation, the impugned notice was bad in law.16. .....
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