Court : Guwahati
..... with the case of a college managed by a trust registered under the bombay public trust act. the college was managed with monies paid by the government in the form of aid and is subject to the rules and regulation of the affiliating university. the supreme court held that employment is such institution is not ..... supreme court declared that the citizens of this country have fundamental right to education which flows from article 21 and a private body performing public duty is amendable to writ jurisdiction. in ganapathin national middle school (supra), the supreme court held that the educational institution receiving aid is an instrumentality or an agency of ..... steel ltd., respondent, air 1970 sc 1150, dr. s. l. agarwal, appellant v. the general manager, hindustan steel ltd., respondent (1970) 1 scc 177, state bank of india, appellant v. s. vijaya kumar, respondent, air 1991 sc 79, mr. nilamani, learned senior counsel submitted that the employees not being government servant are not entitled .....
Tag this Judgment!Court : Guwahati
..... penal in nature. the submission was made that at best the interest may be made payable from the date of order only.4. section 80 of the railway claims tribunal act was amended as below:80. application for compensation. - an application to the claims tribunal for compensation for loss of the life of, or personal injury to, a passenger or for loss ..... civil procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the claims tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry.9. we, thus, find that in the matter of determination of compensation ..... be compensated by way of interest.10. in the present case, the interest is awarded at the rate of 6 per cent per annum only which is equivalent to the bank rates and hence no interference is called for.11. the appeal stands dismissed as aforesaid.
Tag this Judgment!Court : Guwahati
..... both the parties of being heard. in its order the tribunal has held that the investment in securities under section 24(2a) of the banking regulation act, 1949, is an investment in securities for the purpose of banking business, that the investment in shares cannot be said to be easily realisable amounts and, therefore, they cannot be held to be stock ..... of the income-tax officer were upheld, has been, in fact, removed.29. it may be mentioned here that original section 81 of the act has subsequently been amended as section 80p of the act.30. in paragraph 3 of the tribunal's order it has been observed as follows : 'the appellate assistant commissioner has pointed out that the ..... tribunal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the income-tax officer : provided that an .....
Tag this Judgment!Court : Guwahati
..... the overwhelming purpose of the scheme and the state's responsibility for the due accomplishment thereof.52. besides as the state authorities have resorted to the amendments readily acting on the representations by the tac holders including respondents 6,7,8 and 9 enabling them, otherwise not eligible, to participate in the process, they ..... to fulfill the requirements of the said scheme, the central government issued notifications dated 22/8/2001 and 16/ 10/2001 as wel1 which not only regulated the same but also ensure that the avowed objective of safeguarding and enhancing public safety and security is essentially achieved.5. the scheme comprehends technical high security ..... confirming and the certification of this minimum 25% turnover being from licence plate business will have to be provided duly attested by a chartered accountant/any bank to be attached in support of fulfillment of this condition.condition (c)the contract will be for a period of fifteen years commencing from the date .....
Tag this Judgment!Court : Guwahati
..... days of the date of receipt of requisition in that behalf from the appropriate office.20. a microscopic and careful reading of the scheme of the esi act, rules and regulations framed thereunder reveal that irrespective of the fact as to whether a code number has been given to a factory or not, if the factory or the ..... state insurance corporation, delhi v. masco pvt. ltd. (supra) which mr. bhattacharjee has relied upon. in the face of this specific protection, which by way of amendment has been introduced in the year 1989, it becomes abundantly clear that before a person is asked to make payment of a contribution for an employee or employees in respect ..... office. -(i) every employer shall send a return of contributions in quadruplicate in form 6 along with receipted copies of challans for the amounts deposited in the bank, to the appropriate office by registered post or messenger, in respect of all employees for whom contributions were payable in a contribution period, so as to reach .....
Tag this Judgment!Court : Guwahati
..... jurisdiction to modify or alter any provisions of 5th bipartite agreement which was arrived at under the industrial disputes act. as a result of the 5th bipartite settlement the clerical and subordinate staff of the banks which include the plaintiff too are getting higher benefits in all respects. when a recognised union negotiates with an ..... the discretion of the court of first instance in refusing interlocutory injunction except when the court of first instance has ignored the settled principles or law regulating the grant of refusal of interlocutory injunction.8. in view of the aforesaid submissions of learned counsel for the parties the question that has to be ..... by mr. mishra, learned counsel for the petitioner, that the aforesaid paragraph 9 of the plaint was inadvertently drafted and was now sought to be amended by an application for amendment filed by the petitioners before the additional deputy commissioner (j), dimapur on november 7, 1989. mr. misra has produced before this court a .....
Tag this Judgment!Court : Guwahati
..... as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the code of civil procedure. section 37(2) says that a perpetual injunction can only be granted by the decree made at the hearing and upon the merits of ..... interim injunction restraining the corporation from presenting a winding up petition against the bank. their lordships discussed the scope of preventive relief in part iii of the specific relief act, and how section 56(b) of the old act of 1887 stood amended in section 41(b) of the specific relief act, 1963 which said :'41. an injunction cannot be granted : --(a).....(b) ..... sc 527 in air 1967 orissa 172, khali panda v. dharam gauda; air 1972 andh pra 186, manta subbaramaya v. batchu narasimha swamy, air 1981 delhi 332 grindlay's bank ltd.v. hindustan embroidery mills ltd., section 151, c.p.c was not resorted to. on the other hand in air 1966 cal 382 jugomental trg republika v. rungta & .....
Tag this Judgment!Court : Guwahati
..... .1997 was passed promoting the respondent no. 3 to the post of joint secretary. what again must be noticed, is that the resolution of the board for amendment of the service regulations by incorporating the newly created post, was notified by office memorandum dated 21.11.1998, i.e., much after the promotion of the respondent no. 3.4 ..... the facts of the present case. reliance has also been placed on behalf of the petitioner on another judgment of the apex court reported in air 1987 sc 1889 (state bank of india and ors., appellants v. mohd. mynuddin, respondent). a perusal of para 5 of the judgment on which reliance has been placed, does not indicate, in ..... confront the court in the present proceedings is whether the decision of the promotion committee should be set aside merely because it has been arrived at in haste. acting in any particular matter in haste and without scrupulously following the laid down procedure, is at best indicative of the possibility of a wrong being committed. a mere .....
Tag this Judgment!Court : Guwahati
..... was never resorted to nor is it intended to do so, it is necessary to oust the jurisdiction of the court in this regard by amending section 154 of the assamland & revenue regulation 1886'. ***** 7. by virtue of what has been stated in section 9 of the civil procedure code, civil courts have jurisdiction to try all suits ..... contained in the relevant statute'. this view was reiterated in desika charyuly v. state of andhra pradesh, air 1964 sc 807; d. d. bhalla v. district co-operative bank limited, (1969) 3 scc 694; state of west bengal v. indian iron and steel company ltd. air 1970 sc 1298'and k. c. dora v. g. ..... compliance with the fundamental principles of statute as would make the entire proceedings before the appropriate authority illegal and without jurisdiction. similarly, if an appropriate authority has acted in violation of the fundamental principles of judicial procedure, that may also tend to make the proceeding illegal and void and this infirmity may affect the validity of .....
Tag this Judgment!Court : Guwahati
..... for an appropriate injunction restraining the defendants from proceeding with the construction until the defendants complied with the mandatory rules and regulations of the municipal authorities governing the grant of permission for building construction. an additional prayer directing the defendant-municipal corporation ..... defects, if any, in the suit filed are curable defects and they can form the subject matter of corrections and amendments at a later stage. mr. lahiri contends that on the facts as appearing in the plaint and injunction petition, a ..... impugned order is, therefore, contrary to the mandate of the law laid down by the apex court in the case of bank of maharashtra v. race shipping and transport co. pvt. ltd and anr., reported in air 1995 sc 1368.5. mr ..... of the trial court, notice under section 80a of the code of civil procedure and the provisions of the municipal act not having been served on the official defendants in the suit and no order dispensing with such notice having been .....
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