Court : Guwahati
..... , in their reply affidavit have insisted to the said effect.24. the apex court in mardia chemicals ltd. and ors. (supra) while dwelling on the act before its amendment by act 30 of 2004 incorporating section 13(3a) had held that the purpose of serving a notice upon the borrower under section 13(2) is to enable him ..... within a week of receipt thereof (representation objection). though the petitioners have stated on oath that thereafter they had made further deposits on 26.3.2007, 2.5.2007, 4.5.2007 and 5.5.2007, according to their capacity and are trying to liquidate the outstanding amount gradually as much as possible, but regardless thereof, the notice dated 26 ..... a vis the amount of rs. 96,29,667.04 demanded by notice dated 16.12.2006 for non payment of which impugned action under the act was notified on 26.4.2007. to the contrary, the petitioners thereby acknowledged their liabilities to liquidate the said amount in full with interest entreating the bank to appreciate their difficulties .....
Tag this Judgment!Court : Guwahati
..... the ex parte decree.5. it is admitted by counsel of the parties that section 144 of the civil p. c. before its amendment in 1976 applies to the facts of the present case. section 144 before the amendment read :'144. application for restitution. -- (1) where and in so far as a decree or an order is varied or reversed, the court ..... not applicable to such a case. assuming for the sake of argument that the principle of bona fide purchase for valuable consideration ingrained in section 41 of the t. p. act does apply to the facts of the case in hand, let us proceed to examine whether kamal chandra is a bona fide purchaser. whether a person is a bona fide .....
Tag this Judgment!Court : Guwahati
..... bank of india, dibrugarh, which the plaintiff did not encash and, thereafter, started depositing the rent in court under the provisions of the rent control act, 1972. the defendant by the proposed amendment sought to change his plea in the written statement by introducing a different mode of payment of rent thereby wants to change his stand regarding mode ..... plea, mr. roy relying on the decision of the apex court in usha balashaheb swami and ors. v. kiran appaso swami and ors. (2007) air scw 2545 has further contended that as the proposed amendment is nothing but adding the proviso condition to the original written statement, the learned court below erred in law in refusing the prayer for ..... year 1999 and the written statement was filed in the year 2002, the suit is still at the stage of cross-examination of the plaintiffs witness in the year 2007, i.e.. even after eight years of filing the same, and conduct of the defendant goes to show that he is trying to delay disposal of such proceeding. .....
Tag this Judgment!Court : Guwahati
..... it, such action could not be ratified by all the members taken together until the object clause wherein the purpose of its existence lay were amended and approved under the provisions of the act under which it was incorporated. the purpose of existence of an artificial legal entity like society should be enquired into and found in the instrument ..... on account of difference between the hon'ble members of gauhati bench of tribunal, the above appeals were referred to me under section 255(4) of the income tax act, 1961 (the act). in fact, i find that there is no difference in five appeals, viz., ita nos. 389 and 390/gau/1996 and ita nos. 15 to 17/gau ..... 22 march, 2007vimal gandhi, president1. tribunal, being the third member, after hearing the counsels of the parties on 8-2-2007 has opined that the assessee is entitled for exemption under section 10(22) of the income tax act, 1961. the reassessment in this case was not necessary and no illegality was found in the order of the learned commissioner .....
Tag this Judgment!Court : Guwahati
..... .82 in the shape of exemption from sales tax on raw materials as well as finished products. the concession act also seeks to amend the existing law on the subject of sales tax incentives to the industries.under section 2(2) of the concession act, a new industrial unit has been defined to mean 'an industrial unit for the setting up of which ..... amenable to correction by the revisional authority. the learned counsel in support of his arguments has cited the decision rendered by this court on 20.3.2007 in wp(c) no, 8478/2001 reported in 2007 (3) gut 916 (g.e. lightings (india) ltd. v. state of assam).18. although elaborate arguments have been advanced by the learned counsel appearing on behalf .....
Tag this Judgment!Court : Guwahati
..... representative carried in the vehicle', the conclusion is irresistible that prior to the aforesaid amendment act of 1994, even if the widest interpretation is given to the expression 'to any person' it will not cover either the owner of the goods or ..... or his representative when being carried in a goods vehicle the accident occurred. if the motor vehicles amendment act of 1994 is examined, particularly section 46, by which the expression 'injury to any person' in the original act stood substituted by the expression 'injury to any person including owner of the goods or his authorized ..... gratuitous passenger travelling in a goods vehicle, which has been arrived at after forensic analysis of various provisions of the motor vehicles act, 1939 and the motor vehicles act, 1988, both before and after the amendment made in the year 1994, considering various provisions covering the field. in fact, in asha rani (supra), the apex .....
Tag this Judgment!Court : Guwahati
..... referred to as the earlier detention order) shall not (whether such earlier detention order has been made before or after the commencement of the national security (second amendment act 1984) bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same ..... , the later has accordingly intimated to the joint secretary (home department) state of tripura that the detention order would not come into effect from 20-1-2007 as mentioned earlier but it will come into effect after release of detenu from judicial custody. the above fluctuating stand is indicative of non-application of mind ..... decision on the representation of the detenu. central government has equally failed to take any decision on the report of the state government sent on 8-1-2007. no reasonable explanation has been forthcoming by way of affidavit or through original records, indicating reasons of non-consideration of the report as well as the .....
Tag this Judgment!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
..... at a comparatively higher rate.11. for the foregoing reasons we hold that the purpose of 'the act' is not to protect monopolists in the rice-milling industry in any locality by preventing competition. the object of the act is to protect hand-pounding industry where local hands are employed. therefore, if after giving due ..... (6) of 'the act' are the subject matters for our consideration in this writ ..... and purpose of the rice-milling industry (regulation) act, 1958, for short 'the act,' and the rice-milling industry (regulation and licensing) rules. 1959, as amended, 'the rules' for short, the power and jurisdiction of the authority to refuse extension of permit granted under section 5(3) of 'the act' in exercise of its power under section 5 .....
Tag this Judgment!Court : Guwahati
..... be treated as grounds for cancellation of the eligibility certificate.99. the allegations, mentioned in his affidavit by respondent no. 3 with respect to the omission to amend the certificate of registration, object clause of the memorandum of association of the petitioner company are irrelevant factors in resolving the present controversy, particularly, when these ..... of dr. saraf that in the present case, the respondent authorities totally overlooked the specific definition of the term 'manufacture' as given in the agst act, 1993, and acted, it appears, arbitrarily in holding that the activities undertaken by the petitioner company in its new industrial unit do not form a manufacturing process. the ..... 1.4.1991.part - iithe government of assam, in exercise of the power conferred by sub-section (5) of section 8 of the central sales tax act, 1956 (act 74 of 1956), is further pleased to direct that the dealer having an eligible industrial unit falling under any of the categories of 'a', 'b' and .....
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