Judgment Search Results Home > Cases Phrase: census act 1948 Court: guwahati Page 9 of about 3,116 results (0.071 seconds)

South Kamrup (Meghalaya) Timber Merchant Association, Mirza and anr. V ...

Court : Guwahati

..... by a competent court of an offence involving moral turpitude unless a period of five years, or such less period as the government may allow in any particular case, has elapsed since his release, or (c) has violated any provision of any act, regulation or rule made by the state or any district council, or as a defaulter in the payment of any tax or revenue of the state or any district council, or (d) has been debarred from taking up any business transaction or contract work by any ..... the law made by the legislature of the state of meghalaya, shall, to the extent of repugnancy, be void and the law made by the legislature of the state of meghalaya shall prevail; (b) the president may, with respect to any act of parliament, by notification, direct that it shall not apply to the autonomous district or an autonomous region in the state of tripura, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the ..... 3, deputy secretary to the government of meghalaya, forests and environment department where it is contended that under the provisions of 'meghalaya forest (removalof timber) (regulation) act, 1981 and the rules framed thereunder, an export transit pass has to be obtained from the forest department, government of meghalaya for removal of timber outside the state of meghalaya. .....

Jakir HossaIn Vs. State of Tripura

Court : Guwahati

..... criminal was using criminal force within the meaning of section 354ipc for the purpose of committing an offence or injury or annoyance and held that the action of the accused could not be held to be an act of criminality, intentional or deliberate, but a pure accident and hence the action of the accused would not amount to offence under section 354 ipc when the basic ingredients of section 354 had not been proved. ..... the outrage of modesty must, therefore, be whether a reasonable man will think that the act of the offender was intended to or was known to be likely to outrage the modesty ..... the question in each case must, in my opinion, be: will a reasonable man think that the act was done with the intention of outraging the modesty of the woman or with the knowledge that ..... is not to be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or ..... namely lokesh miah and kanu miah and non-examination of abinash sarkar, for which also the accused-appellant is entitled to get the benefit of section 114 of the evidence act as the presumption regarding the case of prosecution goes against it.19. ..... 9, page 259 which defines-any overt act immediately connected with the commission of an offence, and forming part of a series of acts which, if not interrupted or frustrated, would, if the offence could be committed, end in the commission of the actual offence, is, if done with a guilty intent, an attempt to commit the offence, whether the .....

Najir Khan Vs. State of Manipur and ors.

Court : Guwahati

..... grounds of detention severable--where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the national security (second amendment) act, 1981 under section 3 which has been made on to or more grounds, such order of detention shall deemed two have been made separately on each of such grounds and accordingly--(a) such order shall not be deemed to be invalid ..... -- discrepancy in the grounds of detention:shri rajeetchandra, learned counsel for the petitioner submitted that the petitioner was detained under national security act on the ground that he is acting in a manner prejudicial to the maintenance of public order whereas in the grounds of detention, the detaining authority has improved the grounds by adding that the accused was also acting in a manner prejudicial to the security of the state. ..... the petitioner was in police custody, he was brought under purview of the national security act vide impugned order dated 07.08.2007. ..... (8) 2007 under section 20 ua(p) act and investigated into the case. ..... writ petitioner has been detained under national security act, 1980 vide order no. ..... (supra) stems out of a preventive detention law from the state of jammu & kashmir, whereas the impugned order has been passed under national security act, 1980. ..... to the facts of the present case, we have already noted earlier that the order of preventive detention was passed within a week of arrest of the detenu under unlawful activities (prevention) act. .....

Deepak Kumar Poddar Vs. State of Assam and ors.

Court : Guwahati

Reported in : (2010)31VST8(Gauhati)

..... or by way of deferment of the tax payable by them under this act for such period as may be specified and subject to such other restrictions and conditions as may be provided in such scheme or schemesclause iiithe scheme shall apply to the industrial units situated in assam, which are considered eligible ..... state or within any specified part of the state on or after such date as may be specified in such scheme and producing such goods as may be specified therein by way of full or partial exemption of any tax payable under this act on the raw materials or other input purchased by them within the state or on the manufactured goods sold by them within the state or in the course of inter-state trade or commerce for such period or periods as may be specified ..... court relied upon by the learned counsel for the parties to which a detailed reference has been made earlier indicate that while interpreting the pari materia definition of the word 'manufacture' as contained in the assam act, the unanimity of the views seems to be that though no new article need to come into existence to attract the wider definition of 'manufacture', some changes in the end-product in comparison to the basic input must emerge ..... trade tax act, 1948 which is in pari materia with the definition contained in section 2(22) of the act. .....

Md. Amir Uddin Laskar and Another Vs. Md. Abul Hussain Laskar

Court : Guwahati

..... statute has laid down a procedure under section 16 for obtaining possession by a purchaser in an auction sale under the 1960 act, and so the possession claimed to have been obtained by the plaintiff without complying with such procedure was not a valid ..... to that effect, the sale deed registered on 15.06.1999 comes under the mischief of section 47 of the registration act, 1908 and consequently by operation of section 49 of the registration act, 1908, the sale deed registered on 15.06.1999 normally cannot confer any title to the purchaser. ..... dhar further argues that whether or not possession was given by following the procedure under section 16 of the act, facts remains that the plaintiff is in possession of the suit land and so the procedure as to how the possession has been handed over to the plaintiff cannot come ..... it is provided therein that subject to provision contained in sections 24, 25 and 26 of the registration act, 1908, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within 4 months ..... the plaintiff that original owners mortgaged the suit land in favour of silchar primary cooperative land mortgage bank, which, in turn, sold the land in auction by provision of the 1960 act, the defendant does not admit this position. ..... repay the loan, the bank put the land on auction sale under the provision of assam co-operative land mortgage bank act, 1960 (in short, 1960 act ) and held public auction on 12.10.1988. .....

Weldone Lyngdoh Vs. Eva Phawa

Court : Guwahati

..... and there was admission by the respondent of her ability to maintain herself in her cross-examination and (4) in any case, the adoption of the first child is illegal being in contravention of juvenile justice (care and protection of children) act, 2000 which prescribed that only authorized agencies such as children home or state government-run institution for orphans can give away such adoption and when the admitted position of the parties being that ..... in this connection, it is instructive to note that section 3(20) of the general clauses act, 1897 defines a 'father', in the case of any one whose personal law permits adoption, to include an adoptive father. ..... adoption usually refers to an act between persons unrelated by blood; legitimation refers to an act between persons related by blood. ..... limb of submission of the learned counsel for the appellant that there could be no valid adoption of the first adopted child when the same was done in contravention of the juvenile justice (care and protection of children) act, 2000, need not detain us inasmuch as the such adoption admittedly took place in 1996 before the coming into force of the said act. .....

Sandhya Goswami and ors. Vs. Bani Choudhary and anr.

Court : Guwahati

..... the injury an amount equal to forty per cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of twenty thousand rupees whichever is more;' after the amendment of the act, in section 4 of the principal act, in sub-section (1),- (i) in clause (a), for the words 'forty per cent' and 'twenty thousand rupees', the words 'fifty per cent' and 'fifty thousand rupees' shall respectively be substituted;' from the ..... talapatra, the learned counsel for the appellants in both the appeals, in view of the amendments introduced by act 30 of 1995, instead of 40% of the monthly wages of the deceased worker, the appellants are entitled to a higher percentage of the monthly wages of the deceased while calculating the amount compensation as ..... for compensation is already in the statute book which enjoins upon the employer to pay compensation in accordance with the provisions of chapter ii of the act, 1923 when personal injury is caused to workmen by accident arising out of and in the course of employment. ..... basis of the aforesaid conclusions, the learned commissioner taking note of explanation ii to section 4 of the act, 1923 for the purposes of calculation of the compensation, confined the monthly wages of the deceased to ..... the learned counsel for the appellants submitted that the workmen's compensation act, 1923 is a welfare legislation enacted to provide to certain classes of workers/workmen compensation for injuries sustained or death out of and in the .....

R.P. Kakoti Vs. Oil and Natural Gas Commission and ors.

Court : Guwahati

..... he was verbally informed by the officials of the respondent-corporation that the petitioner's contract with the respondent-corporation would be treated as 'sale' within the meaning of the assam value added tax act, 2003, and that deduction from the petitioner's bills would be made treating the said transactions as 'sale', though the said transactions, according to the petitioner, amounted to providing of service or, at ..... any of their employee(s) who misbehave(s) with the employee(s) of ongc or whose continuation may hamper the smooth operation under the contract.8.2 the contractor shall do all acts and deeds as and when required and necessary for rendering services against this contract whether expressly provided in the contract or not and whether directly related or incidental thereto ..... because of the traditional concept of 'sale', which the courts adhered to, while interpreting as to whether a given transaction amounts, or does not amount, to 'sale', the 46th amendment act of the constitution brought changes in the definition of the word 'sale' as given in article 366 inasmuch as it widened, by inserting clause (29a) to article 366, the definition of 'sale' by incorporating ..... has sought for directions to the respondents not to deduct, at source, any tax, from the bills of the petitioner under the provisions of the assam value added tax act, 2003, in respect of the cranes, which form the subject-matter of contract between the petitioner and the respondent-corporation.2. .....

Commissioner of Income-tax Vs. Kashiram Ramgopal (Agencies)

Court : Guwahati

..... the income-tax appellate tribunal referred the following question under section 256(2) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that capital contributed by a partner, kashiram agarwala (huf), in the form of land was genuine and it became the ..... xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely :-- (a) instruments of gift of immovable property ;(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or ..... therefore, in the light of the provisions of section 17(b) of the registration act, 1908, in the instant case, so long as there is no document evidencing registration of the transfer, with a view to transfer the right in the land in favour of the partnership firm by its real owner, in the eye of law, no right whatsoever ..... section 17 of the registration act, 1908, hereinafter referred to as the act, lays down as follows ; 'documents of which registration is compulsory. ..... --(1) the following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act no. .....

Haridhan Banerjee Vs. Bhadrawati Goswami and ors.

Court : Guwahati

..... the word lie in connection with the suit claim or action having not been defined by the act going by the dictionary meaning it would mean that such suit claim or action to get any property declared benami will not be admitted on behalf of such plaintiff or applicant against the defendant concerned in various names the ..... the executing court accepted the above submission of the respondent and stated that the act of !988 had retrospective effect and as such the decree was a nullity and the same cannot be enforced against the respondents nos ..... as per submission of the respondent after passing of the benami transaction act of 1988 the decree has become nullity and it cannot any longer be enforced against the respondent ..... i have gone through the provisions of benami transaction (prohibition) act, 1988 and i have also considered the decision of the supreme court reported in air 1989 sc 1247 and the decision of the supreme court reported in (1995) 2 scc 630 : (1995 air scw 1422) (rajagopal reddy's ..... as such it was directly hit by the benami transaction (prohibition) act, 1988 and the executing court rightly took, notice of the same and did not execute the decree ..... the provisions of benami transaction (prohibition) act of 1988 does not in any way touch the decree which has been passed legally and ..... to the passing of the act, 1989 or decree which was legal and valid would not become invalid and illegal decree in absence of any specific provisions of any act of parliament or state legislature. .....