Court : Guwahati
..... however, unable to accept this contention. in sheikhupura transport co. the case arose under unamended clause (b) as the accident had taken place in 1959, before it was amended in 1961. indeed, it is for this reason that at para 26 of the judgment, the court (in motor insurance co.) itself observed that 'different considerations may arise ..... is true that a plain reading of the provisions relied on may be suggestive of such an interpretation. however, we cannot ignore that chapter viii of the act is meant to achieve a wholesome social purpose consonant with the directive principles of state policy enshrined in part iv of the constitution. indeed, the emerging interpretative ..... where he was declared dead. he left behind his wife and three minor daughters. an application under section 110-a of the motor vehicles act, 1939, for short the act or motor vehicle act, was filed by the widow claiming compensation for herself and for her three minor daughters on account of death of her husband in the .....
Tag this Judgment!Court : Guwahati
..... as ts (probate) 01/1999. on refusal of the executor named in the will to act as such and making it known by appearing before the trial court on 9.3.1999, the trial court by order dated 9.3.1999 allowed amendment of the petition so as to substitute the word 'probate' to that of 'letters of ..... 000/- and the refusal of the sole executor of the will namely sri subhasish talapatra to execute the will, the appellant prayed for grant of 'probate' later on amended to 'letters of administration' of the property and credits of the testator. the petition was supported by his own affidavits certifying the statements made in the petition and the ..... he has observed that where there are legal heirs/original owners to exercise right over the properties, which has accrued to them by way of inheritance and to act for further betterment of the business, the said legal heirs would inherit the properties and that the appointment of administrator would deprive the legal heirs.discussions on oral evidence61 .....
Tag this Judgment!Court : Guwahati
..... they have termed the action of the corporation as beneficial measures. their stand is that in the competitive market, the s.s.i. units like them cannot survive only with the supply of goods/articles reserved in the aforesaid act.32. it has been contended by the private respondents that they being the s.s.i, ..... to submit the price of different science items on urgent ba sis as required for upgradation facilities to up per primary schools under the 12th finance commission 2007-2008. on receipt of the said letter, the corporation invited tenders from entrepreneurs/suppliers through short tender notice published in the notice board of the corporation. ..... science kits under the scheme 'upgradation of school facilities at middle school level under the directorate of elementary education, assam under award of 12th finance commission during 2007-2008'. while endorsing the copy of the said letter to the director of elementary education, assam (respondent no. 2), he was requested to purchase the science .....
Tag this Judgment!Court : Guwahati
..... the financial criteria of fixing a turnover of rs. 5 crores and net worth of rs. 2.5 crores being erroneous was suitably amended, which was confirmed on 11.6.2007, and the process was carried out prior to opening of the bids : in fact, the petitioner never raise any objection before the opening ..... the bid process management (pm) for selection of a private developer/operator preferably with local participation on public-private partnership (ppp) basis. iidc followed a competitive and transparent bidding process to select a qualified private developer/operator for redevelopment, operation and management of the crowborough hotel, which has been lying partially constructed for ..... to the learned counsel, the petitioner himself participated in the bidding process in his capacity as an individual and not as a company incorporated under the companies act, 1956. the learned counsel for the respondent no. 2 finally contends that the writ petition is mala fide and has been filed with the oblique motive .....
Tag this Judgment!Court : Guwahati
..... appointment was made on the recommendation of the public service commission. they remain unchallenged. similarly, candidates appointed to the service on the basis of the result of the competitive examination of 1972 before the unplaced candidates were appointed, formed separate class as they were also appointed in accordance with the rules. the 'unplaced candidates' of 1970 examination ..... of inspector of taxes were de hors the service rules, 1976, for, while regularizing or absorbing the services of the two private respondents, the government, it appears, acted as if the service rules, 1976, had not been in force.7. what follows from the above discussion is that when the initial appointment of respondent nos. 3 ..... recommendation in favour of unsuccessful candidates disregarding the minimum marks prescribed for the viva voce test. the high level committee's view that after the amendment of r. 19, the minimum qualifying marks fixed for viva voce could be ignored was wholly wrong. rule 19 was .....
Tag this Judgment!Court : Guwahati
..... an additional affidavit was filed by the writ petitioner bringing on record the order, dated may 25, 2007, aforementioned, the fact remains that the writ petition was not amended. thus, the reasons, assigned by the letter, dated may 25, 2007, declining to release the kvps and nscs, in question, have not been specifically impugned in the ..... period as stated hereinbefore, the assessing officer may do so after obtaining necessary approval from the concerned authority as prescribed under section 132(8) of the act after recording the reasons, in writing, therefor. in case of any objection to the approval given by such authority, the person aggrieved may approach the ..... employee, rajib acharjee, and also her former employee, namely, tapash chanda. during the search, prohibitory orders under section 132(3) of the income-tax act, 1961 (in short, 'the act') were served on two banks, namely, punjab national bank, lumding branch, lumding, and united bank of india, at road branch, guwahati. during the .....
Tag this Judgment!Court : Guwahati
..... breach of privilege of parliament or the state legislature;(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;(e) information available to a person ..... a flood gate as all candidates would be also entitled to ask for photocopy of the answer script and thus the sanctity and confidentiality attached to the competitive test would be compromised and also that the state chief election commissioner, manipur ought not have allowed the application/appeal of the principal respondent no. 2 ..... governed by laid down rules/procedure and the power of the commission under the act does not perhaps, extend to holding/reveiwing a dpc and also that son along with five others had filed w.p.(c) no. 30 of 2007 before this court as aggrieved parties in the recruitment of si/jamadar in the .....
Tag this Judgment!Court : Guwahati
..... law.17. a word on the defence of truth in a contempt proceeding. statutory recognition of truth as a defence brought about by the amendment to section 13 of the contempt of courts act, 1971 (by act vi of 2006), though hedged in by the requirement of being bona fide and necessary in public interest, has possibly come as an ..... facts against the respondents. we could have also taken into account the fact that the withdrawal of the three sentences by the clarificatory news item dated 27.11.2007 was made after nearly two years of the publication of the allegedly offending news item on 10thh of august 2005 and the possible cementing role that lapse of time ..... concerned. the respondents have in fact withdrawn the said three sentences from the offending news report by publishing a clarification in the front page of the newspaper dated 27.11.2007. mr. bhattacharyya has, therefore, argued that what would be left of the news item in question, if the three sentences are allowed to be deleted by the court .....
Tag this Judgment!Court : Guwahati
..... parties before the criminal court do not have to initiate the proceedings before the civil court.the scope of the proceeding under the amended section 146(1) and 1-a is also very limited, as it only extends to a decision on the question of possession referred to the civil court and that ..... which the parties will have to file the suit and the provisions of the civil procedure code will apply to decide which is the civil court of competent jurisdiction. but under the amended section, the magistrate himself has to send the record to the civil court of competent jurisdiction and so he has to decide which is the competent court and the ..... magistrates will be drawn to this order of mine and they would desist from adopting this easy method of disposal which i find has become quite common, particularly after the amendment of section 146 cr. p. c. in 1955.4. but this will not affect the issue as far as the two cases before me are concerned as the petitioners .....
Tag this Judgment!Court : Guwahati
..... 16 vst 283 (gauhati) [app] : [2004] 2 glt 290 is, in fact, a case, where a notice to show cause was challenged by filing a miscellaneous application without amending the writ petition. this apart, the show-cause notice, issued in v. s. t. industries ltd. [2004] 2 glt 290, aimed at finding out the facts with participation ..... to the cases of p. n. godavarman : (2000)10scc494 , vst industries ltd. [2008] 16 vst 283 (gauhati) [app] : [2004] 2 glt 290 and m.s. associates [2007] 4 glt 176, which the respondents rely upon to contend that the present writ petition cannot be entertained at all, it needs to be clarified, and bear repetition, that then ..... invokable. reacting to the submissions so made, the constitution bench pointed out that when the conditions precedent for assumption of jurisdiction, under section 44 of the income-tax act, are not satisfied, the high court would be justified in invoking its jurisdiction under article 226. in fact, leaving no room for doubt, the apex court emphasised, .....
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