Court : Guwahati
..... show that the deed is impounded under section 35 of the stamp act and the plaintiff also produced licence as required under the bombay money lenders act, the question of maintainability of this suit on the point does ..... it was pointed in both the decisions that the definition of 'bond' in the stamp act or for that matter in the limitation act is not exhaustive as would appear from the word 'includes' with whose aid this word has been defined in both these enactments, so it was held that the definition given in these acts cannot be taken to apply generally to the term 'bond' as distinguished from mortgages, gifts and wills about which ..... as one swallow would not make a summer, so too taking up of one contract work would not make a person a contractor within the meaning of section 2(18) of the act, which has defined the word 'trader' to mean a person who in the regular course of business buys and sells goods or other property. ..... are (1) whether the suit was hit by section 10(1) of the bombay money-lenders act, 1946, hereinafter the 'act', which was extended to this union territory by notification dated 4-8-61? ..... secondly, as the attesting witness could not be found, the case is covered by section 69 of the evidence act, inasmuch as the attestation by chandrakriti has been proved by pws 1 and 2, who have also testified about ..... that section 10 of the act was not applicable and as this plea had not been taken in the written statement, the same could not be done without amendment of the pleading. .....
Tag this Judgment!Court : Guwahati
..... (para 12):-'in this behalf, it is necessary to note that section 2(a) of the bombay stamp act, 1958, as amended by the local act, provides that a decree of civil court is required to be stamped as per article 46 in schedule i. ..... a final decree has been dealt with and discussed in air 1995 sc 1211 in the context of section 2(9) of bombay stamp act (1958) and limitation act (9 of 1908) article 182. ..... order may invite an occasion for agitating the matter before the high court to invoke the revisional jurisdiction in consonance with the law cited in air 2003 sc 3044 (paras 34/38) which says that amendment of section 115 of c.p.c. w.e.f. ..... 67/1986/14/1987/7/1989/122/1990/83/1990 against him praying for redemption of the suit land (land pertaining to ..... decree in order to ascertain its precise meaning acting, however, within its well known limitations.24. ..... except by resort to such provisions of the code of civil procedure as permit its reversal, modification or amendment. ..... is passed and a direction is issued to pay stamped papers for engrossing final decree thereon and the same is duly engrossed on stamped paper(s)', it becomes executable or becomes an instrument duly stamped. ..... thereof lays down that 'no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered of authenticated by any such person or by any public officer unless such instrument is duly stamped'. .....
Tag this Judgment!Court : Guwahati
..... intelligence officer, narcotic control bureau, new delhi, air 1990 sc 71: (1990 crilj 62) the vacation judge considered the matter in the light of the provisions of the act as it stood before the amendment by act 2 of 1989 and held that a release order of bail on default under proviso (a) to section 167(2) of the code is not an order passed in the exercise of discretion, but one passed by the command of the law and can be cancelled ..... consequences of delay in establishment of special courts are avoided by the transitional provisions in section 36d, according to which, until a special court is established any offence committed under the act on or after the commencement of the amending act 2 of 1989 shall be tried by a court of session and offences punishable under sections 26,27 and 32 may be tried summarily. ..... the statement of objects and reasons of the amending act 2 of 1989 would show that the legislature intended to overcome this technical ground contained in proviso (a) to sub-section (2) of section 167 of the code.18. ..... state of assam, 1992 (1) gau lj 238, dissented from the view taken by the bombay high court and held that even in regard to offences under the act proviso (a) to section 167(2) of the code is applicable. ..... we are in agreement with the view taken by the high courts of bombay and jammu and kashmir, though the reasons which weigh with us are different from the reasons which weighed with the high court of jammu and kashmir. ..... the bombay high court in prahlad v. .....
Tag this Judgment!Court : Guwahati
..... whether the washed clean coal, produced by the petitioner company's industrial unit, is a 'manufacture' product or not is a question, which has to be determined on the basis of the definition of word 'manufacture' as contained in section 2(22) of the agst act, 1993, and having alsosettled that the scheme, in question, did not exclude industrial units producing washed clean coal as industries ineligible for grant of exemption from sales tax till 5th november, 1999, let ..... -2 of part i of the government notification dated 16th august, 1995, who is registered under the scheme under this government notification dated 16.8.1995 has been granted shall not be liable to pay tax under the central act in respect of the goods manufactured by him in his abovementioned eligible industrial unit in the state of assam and sold in the course of its state trade or commerce during the period of validity of the certificate ..... shiv datta & sons (1992) 84 stc 497, while reading down the scope of the words used by the legislature, in section 2(17) of the bombay sales tax act, in defining the word 'manufacture', held that for the purpose of manufacture, there should be some impact on the nature and character of the goods meaning thereby that if there is some alteration in the ..... fact, by a notification dated 5th november, 1999, that the finance (tax department), government of assam, amended the said scheme by introducing a fresh list of ineligible industries under category c of paragraph 2 of the ..... [1990 ..... (1990 .....
Tag this Judgment!Court : Guwahati
..... of charging provision, but since in view of 46th amendment of the constitution of india in 1982, the act has undergone amendment and in view of the amended meaning of 'sale' as availableunder section 2(g)(ii) of the act, any transfer of right to use any goods for any purpose has been brought under its fold and as such the charging section required further amendment and the state legislature vide 'the tripura sales tax (fourth amendment) act, 1987 inserted the second proviso to section 3(1) of the ..... the meaning of 'sale' for the purpose of tax on sale or purchase of goods has been extended by the constitution (46th amendment act, 1982).in view of sub-clause (d) of clause (29a) of article 366 of the constitution of india, a tax can be levied on sale or purchase of any goods which includes 'a tax on the transfer of the right to use any goods for any ..... this definition of 'sale' has been brought in by way of 'the tripura sales tax (third amendment) act, 1984' and that was done in conformity and in consonance with the definition of 'sale' available in sub-clause (d) of clause (29a) of article 366 of the constitution of india. ..... the state of kerala, respondent) ; (3) air 1990 sc 781 (goodyear india ltd. ..... you are requested to execute an agreement on non-judicial stamp paper of rs. .....
Tag this Judgment!Court : Guwahati
..... even if the vehicles or the animals had to pass over the national highway, while moving through the city area, it was still within the city, but after coming into force of the national highway act, 1956, as amended in 1997, if section 144 (2)(c) has to survive, it has to be held that the municipality has powers to impose toll on vehicles and animals entering into the city so long as they do ..... section 144(2)(c) does not say nor could it have said in the year 1971 that the word 'city' will not include the national highway; but after the amended act of 1997, the word 'city' will not include the national highway; otherwise, section 144(2)(c) cannot survive.128 ..... in the light of the decisions in f&v; merchants union (supra) and municipal corporation of greater bombay, if the provisions of section 3a(1) read with section 3d(2) are analysed together, it would become abundantly clear that the word 'vest' is suffixed by the word 'absolutely' and also by the ..... as-1/a-3946, which series of registration mark was issued by the competent authority during the year 1990-91, it is apparent that the writ petitioner has been plying his truck for the last more than 10 years and, as such, he was aware about the collection ..... . state of haryana : [1991]188itr402(sc) : 1990 scc 223 it was held that the nomenclature of an act is not conclusive and for determining the true character and nature of a particular levy with reference to the legislative competence of the legislature/ the court will look into .....
Tag this Judgment!Court : Guwahati
..... authority, the state electricity board shall -- (a) in the case of a license granted before the commencement of the indian : electricity (amendment) act, 1959 (32 of 1959) on the expiration of each such period as is specified in the license; and(b) in the case of a license granted on or after the commencement of the said act, on the expiration of such period not exceeding twenty years and of every such subsequent period, not exceeding ten years, as shall ..... in respect of private participation in power sector, electricity (amendment act was passed and the definition of generating company in section 2(vi) of the supply act 1948 was substituted and that as per the definition the petitioner ..... view of the changes brought about by the amendment act 1991 state was given power to allow anybody ..... of the licensee is sold to a purchaser in pursuance of any of the succeeding clauses or is delivered to a designated purchased in pursuance of sub-section (3), all the powers and liabilities of the licensee under this act shall absolutely cease and determine;(b) the state government shall enquiry from the state electricity board, and where the licensee is not a local authority, also from any local authority constituted for the ..... , air 1990 sc 153, the apex court held that the state amendment to electricity act was given protection under ..... state of bombay, air 1954 sc 752 held when there is legislation covering the same ground both by centre and the province, both of them being competent to enact the same .....
Tag this Judgment!Court : Guwahati
..... inspector of factories, assam, gauhati and the chief inspector of factories by annexure-c, letter dated march 19, 1988 wrote as follows; 'with reference to the above, please note that as per section 2 of the factories (amended) act, 1987 one of the directors of the company must be the occupier of the factory. ..... an inspection to find out the violation of provision of section 2(n) of the factories (amended) act 1987 for taking legal step agai nst the management. ..... the court inter alia held as follows: (i) in the first instance, a plain reading of the amended provisions of section 2(n) of the factories act makes it clear that the parliament never desired to wipe out the effect of impact of decisions delivered prior to the amendment holding that the occupier need not necessarily be a director of the company. ..... more) the karnataka high court considered both the amended and the old definitions of occupier in section 2(n) and the effect of deletion of section 100 and came to the following finding in para 6 of the judgment: 'when interpreting the provisions of section 100 of the act which clearly indicated an identical language the courts have interpreted and stated that notwithstanding what is stated in section 100 it is permissible to nominate any other person as an occupier ..... this being the position of law as enunciated by the karnataka and bombay high courts, now let us see whether this is good law as laid down by ..... 1989, date of judgment june 15, 1990, reported in (1990) 2 lab ln 189 (kant) .....
Tag this Judgment!Court : Guwahati
..... (2) interlocutory order; passed by the courts subordinate to the high court, against which remedy of revision has been excluded by cpc amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. ..... we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder :(1) amendment by act 46 of 1999 with effect from 1-7-2002 in section 115 of the code of civil procedure cannot and does not affect in any manner the jurisdiction of the high cot under articles 226 and 227 of the constitution. ..... though the constitution (42nd amendment) act, 1976, had placed a bar on the high court's jurisdiction to entertain certain petitions if any other remedy for redress was provided by or under any other law, the constitution (44th amendment) act, 1978, has removed this restriction. ..... conceivably be cases - and the instant case is in point - where the error, irregularity or illegality touching jurisdiction or procedure committed by an inferior court or tribunal of first instance is so patent and loudly obstructive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. ..... union of india, reported in (1990) 4 scc 207 : (air 1990 sc 1782) thus, 'the doctrine of judicial precedent, that is being bound by a previous decision, is limited to the decision itself and as to what is necessarily involved in it. .....
Tag this Judgment!Court : Guwahati
..... by the industrial disputes (amendment) act, 1953 the parliament provided additional rights to the workmen by inserting chapter v-a of the industrial disputes act. ..... state of up, reported in (1965) ii llj 429(423 to 433) while dealing with the case under section 6(8) of the up industrial disputes act which is/ was analogous to section 33c observed that the first part of the section deals with recovery of 'money due' to a workman under an award and the second part deals with 'benefit' computable in terms of money. ..... if the statement of the worker paban karmakar in cross examination is taken into account, then at least upto 13.11.1990 these workers must be held to have been continuing in employment under the opposite party employer, whereas the claim for money benefits vide item nos. ..... there was number of amendments of the act thereafter also. ..... the situation was sought to be taken care of first by enacting section 20 in the industrial disputes (appellate tribunal) act, 1950 (since repealed) for recovery of money, due from employer under an award or decision. ..... 2 alongwith 164 workmen presented application under section 33c(2) of the industrial disputes act claiming the following amount and or monetary benefit as capable or computed in terms of money. 1. ..... the aforementioned view finds support in the decision of the supreme court in bombay gas company ltd. v. .....
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