Court : Guwahati
..... .10.1989 after notification in the official gazette by the central government. sub-section (2) of the section 1 of the employees' state insurance (amendment) act, 1989 (for short the 'amending act') reads as follows: 'it shall come into force on such date or dates as the central government may by notification in the official gazette, appoint ..... state of bihar). the principle laid down in the said decision is that since there is no express or implied provision in the amending act to indicate that the act will have retrospective effect, the amending act would apply only prospectively. paragraphs, 26 and 27 of the aforesaid ruling are quoted below: '...26. we are unable to accept ..... cases cited above and also having given my anxious consideration to the rival submissions made on behalf of the parties, i am of the view that the amending act itselfis very explicit as regards the prospective operation of the said provision, inasmuch as, the said provisions was made to operate with effect from 20.10 .....
Tag this Judgment!Court : Guwahati
..... directed that part of the sentence of imprisonment need not be undergone. the supreme court did not advert to the provision for minimum sentence incorporated in the act by the amending act of 1976. the supreme court in this decision has not declared the law or laid down any principle of law or precedent which is binding on the ..... lecience in regard to sentence, the supreme court in state of u.p. v. hanif, : 1992crilj1429 , observed (para 6) :-'in view of the fact that after amending act 34 of 1976 the sentence imposed by courts below is minimum, and that, therefore, there is no scope warranting interference.'this same principle is laid down by a learned ..... has therefore no power to reduce the sentence of imprisonment or not to impose sentence of imprisonment as it could do under the provision as it stood before the amending act 34 of 1976.20. learned counsel for the revision petitioners relied on the decision in braham dass v. state of himachal pradesh, : 1988crilj1816 , where the supreme .....
Tag this Judgment!Court : Guwahati
..... authority has gone through the impugned order dated 6.6.2003 in which the factual aspect of the matter as well as the legal position pursuant to the amendment brought by the finance act, 2003 have been elaborately discussed. same is the case in respect of other such orders involved in the other three writ petitions. the petitioners have not ..... 2003 for recovery of the amount in question being in pursuance to the stay order granted by the apex court and in view of the retrospective amendment as has been brought by the finance act, 2003, there is nothing wrong in the action and that everything has been done as per contemplation of the provisions of section 154 of ..... issued on person chargeable with the duty. referring to paragraph 31 of the judgment, he submitted that the provisions of section 51 of the finance act, 1982 by which retrospective effect to the amendments of rules 9 and 49 of central excise rules, 1944 was brought about and which is pari materia to the provisions of section 154 of .....
Tag this Judgment!Court : Guwahati
..... ,91,663/- as taxable in view of levy of tax on mustard oil at 2% w.e.f. 30.7.92 under the provisions of the act in pursuance of amendments made by assam taxation laws (amendment) act. 1992. as there was strong protests from the public against the imposition of tax on the sale proceeds of the mustard oil in the state of ..... amendment act, a new item no. 76 was inserted in the schedule to assam finance (sales tax) act, 1956. as such from30.7.92 tax was imposed on the sale proceeds of the mustard oil in the state of assam by inserting a new ..... of assam was exempted from tax but exemption from tax on the sales proceed of mustard oil was withdrawn w.e.f. 30.7.92 by the assam taxation law (amendment act, 1992) which was published in assam gazette extra-ordinary dated 30.7.92 and by section 4(iii) of the .....
Tag this Judgment!Court : Guwahati
..... religion. two questions, therefore, arise in connection with the argument of learned counsel for the petitioners : (1) does section 148-b added to principal act by the amending act of 1959 have reference only to administration of property of sikh gurdwaras and, therefore, must be judged by clause (d) of article 26 or (2) ..... the aforesaidact, the assam state acquisition of lands belonging to religious or charitable institutions of public nature act, 1959, (assam act ix of 1961) had been amended. assam act no. xix of 1987 is the amending act introducing section 25a to the act. section 25a reads as under:- '25a. constitution of the managing committee. - for each of the ..... ground of infringement of rights vested in the petitioners under articles 25, 26 and 300a of the constitution, as section 25a, inserted by amendment act of 1987 (assam act no. xix of 1987), hurts the religious sentiments of the bhaktas of different satras and offendstheir freedom to exercise their religious rites and curtails .....
Tag this Judgment!Court : Guwahati
..... of the company with powers similar to those of the officers and staff of the forest department under the assam forest regulation, iii of 1891, other acts and rules made thereunder and as amended from time to time.4. to carry on the business of planters, cultivators, producers, sellers and dealers in timber, processed or not and such ..... initially for the welfare of the scheduled tribes and as such subsequent incorporation by amendment cannot bring the corporation within the purview of clause (26b) of section 10 of the act.12. so far as the amendment is concerned, we find that the said amendment was brought on record subsequently and all the cases before us are in respect ..... of the period prior to the said amendment. hence, the said amendment is not relevant for the purpose of deciding the issue .....
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
..... referee or an umpire and to allow the trial to develop into a contest between the prosecution and the defence with the inevitable distortions flowing from combative and competitive elements entering the trial procedure. if a criminal court is to be an effective instrument in dispensing justice, the presiding judge must cease to be a spectator ..... to be blissfully ignorant or oblivious to such serious pitfalls or dereliction of duty on the part of the prosecuting agency. the prosecutor who does not act fairly and acts more like a counsel for the defence is a liability to the fair judicial system, and courts could not also play into the hands of such ..... society in general. the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interests of society are not to be treated completely with disdain and as persona non grata. courts have always been considered .....
Tag this Judgment!Court : Guwahati
..... s. kynjing, the learned senior counsel for the petitioners, drawing my attention to rule 3a(2) of the meghalaya service (conduct) rules, 1990 (as amended in 1997), vehemently submits that the petitioners were practically prevented by this rule from raising their objection against the impugned circulars as otherwise they would be liable to ..... vehemently submits that the power of the inspector general of police, meghalaya (now director general of police, meghalaya) under section 12 of the police act, 1861 ('the act' for short) to frame orders and rules concerning the organisation, classification and distribution of police force is not independent but is necessarily conditioned by the ..... manual is merely a compilation of executive instructions, which cannot be enforced in a court of law, and, as such, contravention of section 12 of the act will not have the effect of vitiating the impugned circulars or the promotion made in accordance therewith. mr. s. chakravarty, the learned counsel for the .....
Tag this Judgment!Court : Guwahati
..... to the high court revision under section 115, c.p.c. cannot be entertained. but in order to avoid the ambiguity found in the provisions of the old section the amendment to section 115, c.p.c. has made it clear that revision is barred against the order in which an appeal lies either to the high court or to any ..... v. devi das, air 1977 sc 397 and vasu v. narayanan, air 1962 ker 261. but these decisions relate to a period prior to the coming into force of the amended c.p.c. in the unamended section 115 of old c.p.c. there was no mention of the appellate court and it was ruled in these cited cases that ..... . sub-section (2) of section 80 c.p.c. provides that a suitto obtain an urgent or immediate relief against the government or any public officer in respect of any act purporting to be done by such public officer in his official capacity may be instituted with the leave of the court without serving any notice as required by sub-section .....
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