Court : Guwahati
..... deputy secretary, govt. of assam, political (a) department. his further grievance is that the central government has also failed to discharge its statutory obligation to consider and dispose of his representation expeditiously as required under the law. the central government disposed of his representation dated 29.1.2002 only on 18.2.2002 and there ..... authorities that the rule requiring expeditious consideration of a detenu's representation is a judge-made rule based on the provisions of cofeposa and that the extension of the application of the rule to cases of detention under the act was unwarranted. it was further contended that in the cases of detention under ..... the representation of the detenu under section 11 of the cofeposa act and secondly, whether the power of revocation of an order of detention by the central government under section 11 thereof is exercisable only after the representation had been rejected by the state government and the advisory board. the apex court while .....
Tag this Judgment!Court : Guwahati
..... section 3 of the act, any discussion on the further exercise of 'reading down' as undertaken in hemanta kumar sanna (supra) will be largely academic and courts of law are loath to perform any such academic exercise. we, therefore, do not consider it either necessary or appropriate to burden our present order with any such academic discussion, even ..... the provisions of section 3 of the act to exclude private vehicles. another division bench of this court hearing the present writ petition having taken the view that the law laid down in hemanta kumar sarma (supra) needs reconsideration, the matter has been referred to a larger bench and that is how we are in seisin of ..... of the same thereafter :provided that such officer or authority shall be competent to allow to the owner such extension of times as he/it may deem proper without any liability for any compensation or other payment for the period of extension.(5) the disposal of vehicle under sub- section (1) shall be by public auction and at the .....
Tag this Judgment!Court : Guwahati
..... office memorandum dated 20.4.1995 are only for the purposes of making the discussions complete and to adequately clarify the question raised with regard to the extension of the said office memorandum to other categories of fortuitous employment.23. another significant fact which cannot escape our notice is the cabinet decision dated 22 ..... reference to an expanded bench to decide which of the conflicting views should now hold the field. a post-cognizance realisation that the issue involved could have extensive ramification as one of the two views, that flows from a division bench judgment in the case of achyut chandra pathak and ors. v. state of ..... law. arguing further shri misra has contended that even assuming the o.m, dated 20.4.1995 to be engrafting a valid policy decision, its application has to be understood to be confined to muster roll and work charged employees alone and to no, other category of employees, much less. grade iii employees, it is additionally contended that the extension .....
Tag this Judgment!Court : Guwahati
..... india (hereinafter referred to 'as the nhai') is a body corporate established under the nha act, 1988, and is under the administrative control of the central government through ministry of road transport & highways. the nhai has been constituted for the development, maintenance and management of the national highways entrusted to it and ..... to effectively carry out its legislative mandate is restricted by state law, the state law, to the extent of such restriction, must yield to the parliamentary law. the 1997 bye-laws cannot, therefore, be interpreted in such a way that it obstructs the central government to effectively carry out the mandate of the parliamentary legislation and ..... the state list. the fact of encroachment does not affect the vires of the law even as regards the area of encroachment. this principle commonly known as the doctrine of pith and substance, does not amount to an extension of the legislative fields. therefore, such incidental encroachment in either event does not .....
Tag this Judgment!Court : Guwahati
..... batallions ever since the crown representative's force was raised in 1939, as a reserve force to aid the former princely states in maintaining law and order. this reserve force was brought under central act called central reserve police act, 1949 (crpf). three other para-military forces were raised subsequently, namely, the indo-tibetan border police (itbp) in ..... rights was cited. the learned counsel urged that the instances are not isolated case but demonstrate pattern of barbarism and violation of human rights. the parliamentary debates were extensively read. vol. 18, pages 1349 to 1464, 1440 and on august 11 to august 22 were read. constitutional debates, vol. 5 page 864 were cited. ..... the president's rule was imposed for the third time. the declaration on november 27, 1990 thus is the fourth in the series. along with the central rule the central government under the armed forces (special powers) act, 28 of 1958 (the act of 1958) declared the entire state of assam a disturbed area as it .....
Tag this Judgment!Court : Guwahati
..... retrenchment should be uniform throughout wherever the act was in force and every state should have its own law in consonance with the central law. this view stand fortified by the judgment of the supreme court in p. virudhachalam and ors. v. management of lotus mills and anr. : (1998) ..... given any right to hold the post till the joining of the selected candidate and mere continuance of the writ petitioners in service by virtue of successive extension, then in reference to the service rules applicable prohibiting the writ petitioners appointment beyond one year period without the concurrence of the commission could not have ..... and niadar v. state (delhi administration) : (1992)4scc112 , where the casual labourers deployed (3 to 10 years) in such multi-unit public sector undertaking of central government claiming regularization while undertaking was facing great financial difficulties, the direction of the high court to prepare an absorption scheme to such undertaking in the light of the .....
Tag this Judgment!Court : Guwahati
..... section 1 and sub-clause (b) of clause (3) of section 1 are to be treated as inclusive of both the two classes of establishments for the purpose of extension of the provision of epf and mp act, 1952. according to the well settled principle for interpretation of statute, the maxim 'expressum facit cessare taciturn' should be applied ..... under sub-section (1) shall be laid before parliament, as soon as may be after they are issued.section 5. employees' provident fund scheme i--(1) the central government may, by notification in the official gazette, frame a scheme to be called the employees' provident fund scheme for the establishment of provident funds under this act for ..... to certain establishments--(1) this act shall not apply-(a) to any establishment registered under the co-operative societies act, 1912 (2 of 1912), or under any other law for the time being in force in any state relating to co-operative societies, employing less than, fifty persons and working without the aid of power, or(b) .....
Tag this Judgment!Court : Guwahati
..... not exercise its jurisdiction under article 226 of the constitution of india to entertain a writ petition, wherein public law element is not involved.' for reaching this conclusion, the division bench, in moirangthem chaoba singh (supra), extensively quotes from, and relies upon, life insurance corporation of india v. escorts ltd. , state of gujarat v ..... . meghji pethraj shah charitable trust, reported in , vst industries ltd. v. vst industries workers' union and ors. (2001) 1 scc 298, and professor wade's administrative law.86. it is also worth ..... issued by some authorities admitting the dues. what needs to be pointed out, in this regard, is that an acknowledgement of debt for the purpose of extension of time shall be before the debt becomes time-barred. in the cases at hand, letters showing admission of dues have been issued after the dues .....
Tag this Judgment!Court : Guwahati
..... had really hindered and stopped the state respondents from fully implementing their decision to pay the dearness relief at the rate fixed by the central government. after holding an extensive enquiry into the matter, the learned single judge concluded as follows :it is clear from the foregoing discussions that the state government i. ..... government employee. the government has even the power to amend the rules governing the conditions of service with retrospective effect. such a broadly pronounced position of law governing status of a government employee is, however, subject to the condition that the benefits, which have accrued with regard to the conditions of service ..... power to alter conditions of service, undoubtedly, includes the power to alter the conditions of service with retrospective effect. such a broadly stated position of law governing the status of a government employee is, however, subject to the condition that the benefits acquired with regard to the conditions of service, by .....
Tag this Judgment!Court : Guwahati
..... be initiated in respect thereof. their lordships recognized this rule to be one of constructive res judicata as an amplification of the basal principle. the extension of this doctrine with its judicially recognized expanse to writ proceedings was also reiterated.42. in workmen of cochin port trust versus board of trustees of ..... senior counsel, maintained that in absence of any evidence of incurable illegalities in the said process, no interference with their appointment is warranted, either in law or in equity. mr. bhattacharjee insisted that not only a presumption of validity of the official acts pertaining to the process of appointment of the special ..... that effect the determination of the learned single judge to the contrary is unsustainable in law.24. the rival pleadings and the submissions made have received our anxious consideration. the preliminary issues of moment apart from the central question of validity of the appointment of the special recruits bearing on the seniority in .....
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