Court : Guwahati
..... where the ratio available in surya devi rai v. ram chander rai and ors., [2003] 6 scc 675 will apply. the supreme court with reference to the amendment of section 115 of the code of civil procedure and its impact on jurisdiction under article 226 and 227 is of the view that the ..... of any property of the government of nagaland or moneys other than the deposit in the consolidated fund is obviously permissible under the provisions of section 28 of the act of 1993, but this power exists only within the limits of the constitutional provisions. jurisdiction of a high court under article 226 of 227, notwithstanding self-imposed restrictions ..... process', if the court, tribunal or authority deciding the case, has ignored vital evidence and thereby arrived at erroneous conclusion or has misconstrued the provisions of the relevant act or misunderstood the scope of its jurisdiction, the constitutional power of the high court under articles 226 and 227 can be invoked to set right such errors and prevent .....
Tag this Judgment!Court : Guwahati
..... person, not being a local 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 ..... of various works. that in 1991 due to change of policy 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 no. 1 is a generating company. further, it ..... . due to change in policy in respect of private participation in power sector electricity (amendment) act, 1991 was passed and the definition of generating company in section 2(vi) of the supply act 1948 was substituted. further, section 28 of the act 1910 provides that state government can engage a non licensee for supplying energy to public .....
Tag this Judgment!Court : Guwahati
..... was made without any valid document and without prior permission of the competent authority which contravenes the provisions of tlr and lr (second amendment) act, 1974. the transfer is prohibited by the act and is, therefore, void.' thus as the respondents could not prove beyond doubt that the transfer had taken place prior to 1.1 ..... 25 acres was transferred to the petitioners. thus, they did not agree with the contention of their brother, who had subsequently taking the opportunity of 3rd amendment of the act sought restoration of the land already transferred. they did not make any prayer to the collector seeking restoration. 4. the state of tripura was made ..... complete ban on such transaction deprives the tribals from getting the value of the land at market rate because of less competition from the buyers. however, sub-section (3) (which was introduced later by amendment) provides for restoration of the tribal land in violation of the restoration imposed by sub-section (1) if such transfer .....
Tag this Judgment!Court : Guwahati
..... 389, cr.p.c.? while considering this aspect of the case, it may be noted that section 32-a, which came to be inserted by the amendment act of 2001, with effect from 2-10-2001, reads as follows:32-a. no suspension, remission or commutation in any sentence awarded under this ..... of one year. aggrieved by the conviction and sentence, passed against him, the present accused-petitioner has preferred an appeal, which stands registered as criminal appeal no. 232/2007. the appeal already stands admitted for hearing.3. by making this miscellaneous application under section 389(1), cr.p.c., the accused-petitioner has sought for suspension of ..... ) without any authority of law, the accused-petitioner and the said two others stand convicted, under the said panel provisions of law, by judgment and order, dated 17-10-2007, passed in sessions (special) case no. 8(k)/2001. following their conviction, as aforesaid, the three convicts, including the present accused-petitioner, have been sentenced to suffer .....
Tag this Judgment!Court : Guwahati
..... the jurisdiction of the appellate court, but the same order can be revised by the very same court. judicial order must be reasoned order. after the amendment, it must contain reason. the trial court must apply its mind to the materials placed before it, and, on being satisfied about the requirements of order ..... trade mark nos. 239963 and 258538. (d) on 29th february, 1996, the appellant filed an application in the office of the registrar of trade marks act, 1958 and rule 94 of the rules made thereunder, for rectifiction cancellation of registered trade marksnos. 239963 and 258538 belonging to the respondent. the appellant prayed ..... under section 29 for restraining infringement and under section 27(2), section 105(c) & section 106 alleging passing off under trade and merchandise marks act, 1958 (hereinafter called the act). the following reliefs were prayed for: (1) for permanent injunction restraining the defendants their servants, agents, atterneys etc. from manufacturing selling and/or .....
Tag this Judgment!Court : Guwahati
..... obtain a divorce by laying it down that a petition for divorce may not be made within one year from the date of marriage according to the latest amendment act, 1976, when section 15 lays down the limitations of right of divorce person to marry again.8. divorce can be obtained in any of the grounds ..... in the act. the subject is very much dealt within sections 13, 14 and 15 of the act by 1976 amendment of the act, section 13(b) has been inserted permitting divorce by mutual consent. section 13 prescribes the circumstances in ..... of western education and contract, had enlightened views and preached social reforms, including enactment of divorce laws.prevailing legal position:7. after independence, the hindu marriage act, 1955 was enacted introduced vital and dynamic changes in the hindu law of marriage and divorce. the clear provisions for divorce in certain circumstances have been laid down .....
Tag this Judgment!Court : Guwahati
..... 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 ..... preventive detention law from the state of jammu & kashmir, whereas the impugned order has been passed under national security act, 1980. this central law came to be amended in the year 1984 inserting section 5-a. under this amended provision, a person can be detained on more than one ground, which are mutually severable. the relevant portion of ..... section 20 ua(p) act and investigated into the case. during the course of the investigation, he was arrested in connection with the said fir case and remanded to police custody till 08.08.2007.13. at this stage, it may be mentioned here that as per state amendment of section 167 of the code of criminal procedure, .....
Tag this Judgment!Court : Guwahati
..... ravindran and ors. v. union territory of pondicherry and ors., the supreme court held that regularisation of ad-hoc appointees by passing the process of recruitment through open competition to be held by the public service commission, is not permissible.45. in : (1997)iillj78sc , santosh kumar verma and ors. v. state of bihar through ..... under the provisions of the u.p. regularisation of ad-hoc appointments (on posts outside the purview of the public service commission) rules, 1979 as amended upto date like this in present case petitioners may be directed for regularisation and equal pay for equal work especially in.8. it. has been contended ..... continue in deployment thereafter when the project is over and the work-charge employee became surplus and was retrenched after being paid compensation under industrial disputes act and the direction of high court to consider such retrenched employee as permanent employee was said to be erroneous, however, in peculiar facts and circumstances .....
Tag this Judgment!Court : Guwahati
..... and proceed with the case if the complainant was a public servant and his personal attendance was, in the opinion of the magistrate, not required. by the amendment act 26 of 1955, the proviso widened the discretion of the magistrate and laid down that if, in the opinion of the magistrate, the personal attendance of the ..... his attendance and proceed with the case. the scope of this proviso was widened with the amendment introduced thereto by the amendment act of 1955 inasmuch as, while the magistrate could have, under the old proviso, dispensed with the attendance of the complainant and proceeded with the case ..... of the case to some other day.14. the proviso to section 247 as it, originally, stood i.e. before it underwent change by virtue of the amendment act 26 of 1955, shows that if the complainant was a public servant and his personal attendance was not required, the magistrate was given the discretion to dispense with .....
Tag this Judgment!Court : Guwahati
..... difference of views among the high courts as to whether a proceeding in execution is within section 647, an explanation was added to the section 647 by the cpc (amendment) act of 1892, which reads, 'explanation - this section does not apply to applications for execution of decrees which are proceedings in suits.'17. laying down as to what the ..... suit, or the appeal. no wonder, therefore, that in shiv shakti coop. housing v. swaraj developers reported in : [2003]3scr762 while summarizing the effect of the recent amendments to the code, the apex court observed, '32. a plain reading of section 115 as it stands makes it clear that the stress is on the question whether the ..... a long and, interestingly enough, a tumultuous past. in this regard, worth noticing it is that the code has, as a whole, undergone several amendments since its introduction in the year 1859, the principal amendments being in 1861, 1877, 1882 and 1908.15. in the code of 1859, there was no provision as the one, which we have, .....
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