Court : Guwahati
..... the editor of a newspaper was charged in respect of an article published by him with an offence under section 33b of the public order act, 1972 as amended by the public order (amendment) act, 1976, which provides amongst others that any person who prints or distributes any false statement which is likely to undermine public confidence in ..... in this regard, observed that if these assistance (advertisements) from the government are curtailed, it may bethat the newspaper will not be able to withstand the competition and in the long run it may die down. the necessary corollary which follows is that such an action of the government would directly affect the freedom of ..... the n.f. railway authorities continued to release advertisements to the said two newspapers. further more, the petitioners have placed on record the two documents dated 27-2-2007 and 2-2-2008 wherefrom it is evident that the two newspapers stood empanelled with the davp. 44. moreover, the n.f. railways have themselves disclosed in .....
Tag this Judgment!Court : Guwahati
..... editor of a newspaper was charged in respect of an article published by him with an offence under section 33b of the public order act, 1972 as amended by the public order (amendment) act, 1976, which provides amongst others that any person who prints or distributes any false statement which is likely to undermine public confidence in ..... in this regard, observed that if these assistance (advertisements) from the government are curtailed, it may bethat the newspaper will not be able to withstand the competition and in the long run it may die down. the necessary corollary which follows is that such an action of the government would directly affect the freedom ..... 12. the petitioners claim that they had approached the railway authorities in this regard but without success. finally, the petitioners sent a lawyers notice dated 16.03.2007 to the respondent nos. 3 and 4 calling upon the said respondents to allot advertisements to the two newspapers adequately at par with that of similar newspapers. .....
Tag this Judgment!Court : Guwahati
..... in exercise of the powers conferred by section 33 of the indian medical council act, 1956 (102 of 1956), the medical council of india with the previous approval of the central government hereby makes the following regulations to further amend the regulations on graduate medical education, 1997, namely:- 1. (i) these regulations ..... the notification, dated 25-03-2009, is securing of minimum of 45% marks instead of 50% taken together in the qualifying examination and also the competitive entrance examination. if the expression, taken together, is carefully examined, dispassionately considered and logically interpreted, it becomes clear that a person, who suffers from locomotor ..... avail the benefit of 3% quota for admission into mbbs course, must have obtained 45% marks in qualifying examination and, again, 45% marks in the competitive entrance examination. the question, therefore, is: whether the explanation, so offered, by the mcis letter, dated 21-04-2009, would supersede and override .....
Tag this Judgment!Court : Guwahati
..... hereinafter.15. during the pendency of these writ petitions, the assam agricultural produce market (amendment) act, 2006 (hereafter referred to as the 'act 2006'), was introduced effecting further amendments in the act. the act received the assent of the governor on 16.1.2007 and was published in the issue dated 20.1.2007 of the assam gazette extra ordinary.16. on the prayer made by the petitioners ..... . the model legislation was drawn up to ensure nation wide integration of agricultural market facilities, establishment of competitive agricultural markets in private and corporate sectors, creation of an environment conducive to emphasise investments in marketing related infrastructural facilities, modernization and strengthening of existing markets etc. act 2006, according to the answering respondent, has been enacted to promote the development of agricultural markets .....
Tag this Judgment!Court : Guwahati
..... relating to the services and posts mentioned in the said schedule to the extent of inconsistency with the assam public service combined competitive rules, 1989 would stand repealed. the power to remove defects or to amend any provision in the said rules or to interpret any provision thereof is conferred only on the governor.63. shri bibekananda ..... have been promoted to the next higher rank of aps senior grade-ii, as additional superintendent of police etc.58. in their additional affidavit, filed on 17.07.2007, the state respondents, in essence, have endeavoured to explain the steps taken to locate all relevant records for production before this court. according to them, the ..... judge, the seniority of the officers has been re-fixed as contained in the notification no. hma.154/2002/pt-l/176, dated 06.12.2004.57. elaborating the above stands, the state respondent in their affidavit filed on 08.06.2007, stated that in view of the prevailing exigencies, namely, creation of new districts and sub- .....
Tag this Judgment!Court : Guwahati
..... being, briefly stated, as under:(i) as per the definition of 'construction of complex service', appearing in section 65(105)(zzzh) of the finance act, 1994 (as amended), since the petitioner-company is providing service to its clients, the service, so provided by them, is taxable under 'service tax'. hence, the petitioner ..... not have a business establishment would not be subject to 'service tax'.33. the clarification offered under the abovementioned circular, shall be applicable even after amendment of the finance act, 2005, whereby 'construction service' includes construction of 'residential complex'. thus, construction of 'residential complex' has also been brought within the purview of ..... petitioner-company to the prospective allottees. similar view has been taken by the allahabad high court in assotech realty private limited v. state of uttar pradesh [2007] 8 vst 738, wherein the court has held as under (at page 759):.in the present case, we find that the petitioner is constructing the .....
Tag this Judgment!Court : Guwahati
..... the overwhelming purpose of the scheme and the state's responsibility for the due accomplishment thereof.52. besides as the state authorities have resorted to the amendments readily acting on the representations by the tac holders including respondents 6,7,8 and 9 enabling them, otherwise not eligible, to participate in the process, ..... noticeable phenomenon being that the tender conditions with experience as an essential condition of eligibility, fetch much higher rates, the impugned corrigenda to facilitate wider competition for competitive bids are in valid exercise of executive discretion according with public interest. the learned senior counsel submitted that not only the state authorities have a ..... 1.5.3 of the ifb dated 7/12/2006 as it deleted by the corrigendum dated 6/1/2007 has the potential of restricting participation of all the tac holders and thus excluded competition to ensure the least possible price. the respondent no. 6 being faced with that constriction thus submitted a .....
Tag this Judgment!Court : Guwahati
..... a unit also ensures that upper ceiling limit of 50% is not violated. further, roster has to be post specific and not vacancy based.'96. the constitution (eighty first amendment) act, 2000 gives, in substance, legislative assent to the judgment of this court in r.k. sabharwal. once it is held that each point in the roster indicates a post ..... it may happen that the open competition channel may get choked if the entire cadre strength is taken as a unit. however, in r.k. sabharwal this court stated that the entire cadre strength should be ..... .10. in the case of m. nagaraj v. union of india reported in : air2007sc71 , the apex court observed thus:82. before dealing with the scope of the constitutional amendments we need to recap the judgments in india sawhney and r.k. sabharwal. in the former case the majority held that 50% rule should be applied to each year otherwise .....
Tag this Judgment!Court : Guwahati
..... employees. besides, there is also no amendment to the act of 1955 providing computation of the ..... more particularly, when the payment of gratuity act, 1972 is not applicable to the case of the respondent no. 3. both the acts i.e. the act of 1955 and the act of 1972 are self contained and self sufficient acts. no amendment has been brought to the act of 1955 providing that the act of 1972 will be applicable to the newspaper ..... period of 26 days a month as in the case of payment of gratuity act. accordingly, the .....
Tag this Judgment!Court : Guwahati
..... % cannot be applicable in case of 'carry forward' and 'unfilled vacancies'. clubbing of the backlog vacancies with the current vacancies stands segregated by the constitution (eightyfirst amendment) act, 2000.40. once it is held that the cadre strength as the unit should be taken into account to determine whether the reservation upto the quota limit has ..... and r.k. sabharwal. in the former case the majority held that 50% rule should be applied to each year otherwise it may happen that the open competition channel may get choked if the entire cadre strength is taken as a unit. however, in r.k. sabharwal this court stated that the entire cadre strength ..... directed that the respondents shall conduct the selection afresh consistently with the observations made above and the entire process shall be completed on or before 30th november, 2007 including issuance of orders of promotion as per rules.the writ petition is answered in the above manner and allowed to the extent indicted above, leaving the .....
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