Court : Guwahati
Decided on : Jan-23-1959
..... , the creditors shall be paid proportionately in order of priority determined by him. clause (b)(ii) of section 13 provides that 'the creditors whose debts are secured by mortgage or charge on the land acquired shall, within 60 days from the date of notification under section 8, prefer claim in writing before the collector who ..... common question, which we have to decide in these applications is about the constitutional validity of the assam fixation of ceiling on land holdings act, 1956 (assam act i of 1957), which came into force on 15-2-1938 and received the assent of the president on 7-12-1956. 2. the attack on the legislation is directed ..... ram v. state of punjab, (air 1959 sc 519), which considered the constitutionality of the punjab security of land tenure act (act x of 1953), which was challenged by the landholders through petitions under article 32 of the constitution. the said act prescribed a limit to landholding, which was termed the permissible limit' and also conceded to the land .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-05-1959
..... that it was difficult to believe the allegation and further it was not possible for him to allow the relief prayed for without satisfactory proof and without full security for the safety of the tax demand.on the 4th, the commissioner observed that if the assessee were sincere about getting relief without causing any harm to ..... respectively validated... although the liability to be charged to tax may be there the charge could be brought home only by the officer whom the act authorises acting in the manner that the act enjoins. neither in the case be of the federal court nor in any of the english cases relied on in the judgment was there ..... of tax may be administrative expediency, but by itself it constitutes no ground for refusing a stay. while determining such an application the authority exercising discretion should not act in the role of a mere tax gatherer.after having considered all the authorities, in my opinion, each case will depend upon its own circumstances. the extreme proposition .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-30-1959
..... to deposit the amount in cash. the additional deputy commissioner passed the following order :'seen the petition filed. i refuse to accept cheque for payment of initial security but the purchaser had no time to withdraw the money from the bank. the purchaser (dibrugarh co-operative fishery society) could not withdraw the amount yesterday and ..... rule 13. the order of settlement cannot be set aside on theground that a number of fisheries have been settled with the respondent. there is therefore no force in the appeal no. 39(m) 58 and it is dismissed with costs. as regards the other appeals i need not add! anything further as the ..... the latter officer merely suggested that there was a possibility of the tingrai fishery co-operative society being amalgamated with the naharkatiya fishery co-operative society; and evidently acting entirely on this report, the deputy commissioner directed settlement to be made with the respondent no. 1, the naharkatiya fishery co-operative society ltd. on behalf .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-10-1959
..... driven by mannaf meah (p.w. 3) arrived at the police check-post at asram chowmohani which was guarded by biswambar datta who was a habildar in the tripura police force.besides osman ali and mannaf meah there were in the lorry birendra (p.w. 2) the driver's assistant, man meah (p.w. 4) a cousin brother of osman ali ..... said witnesses was that p.ws. 3 and 6 belonged to the same para as p.w. 1, while p.w. 2 being the assistant of p.w. 3 was forced to support the other witnesses. there is no reason to .hold that simply because witnesses belonged to the same para they should give false evidence to support another man belonging ..... police directed p.w. 13 the circle inspector of police to start the investigation after getting the necessary authorisation from the district magistrate as required under the criminal law amendment act. i am unable to see how this has in any way prejudiced the defence.20. it is seen from ext. 6 that p.w. 13 applied to the district magistrate .....
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