Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 4 amendment of section 5 Court: guwahati Page 87 of about 979 results (0.155 seconds)

Sashi Kanta Sarma Vs. District Judge and ors.

Court : Guwahati

..... in population necessitating the increase of number of managing committee from existing number of seven. in that process the learned district judge, on 15.3.1995 ordered the proposed amendment in the following terms : '(a) sub-para 1 of para ii (except the note below) shall stand substituted as follows : '1. managing committee : there ..... under the scheme which provides for amendment or alteration of the scheme empowering the district judge to act on its own motion, in the instant case, the learned district judge has acted as persona designata and not as a court. therefore, such orders passed ..... amended scheme vide impugned order dated 24.5.1995, in my considered opinion, has not determined the rights of the parties with regard to any controversy. that being so, it can be safely held that such orders are not judicial orders but only the administrative orders. as it patently appears that the court has acted .....

L. Mangia Vs. K. Panmei and ors.

Court : Guwahati

..... petitioners) further pleaded that the present appellant who was appointed to the post of public relation officer which was upgraded to the rank of assistant director as per the said amended rules notionally from 01.01.86 cannot be treated as an officer equivalent to the rank of assistant director before 11.10.96 on which date the said manipur services ..... to have been caused to mr. mansoor ah khan though notice has not been issued.21. the apex court in ashok kumar sankar v. union of india and ors. (2007) 4 scc 54 helcl that there cannot be any doubt whatsoever that all the audi alteram partem is one of the basic pillars of natural justice which means no one ..... (supra) is quoted hereunder:para 8. the contention of learned counsel for the respondent is confined that there was no enquiry in terms of section 6 of the said act. there is no submission of any defence on merit. even before us when we granted learned counsel an opportunity to give any prima facie or plausible explanations on record to .....

Sobahan Ali and ors. Vs. Jitendra Narayan Mondal and anr.

Court : Guwahati

..... validity of the compensation awarded by the tribunal. in this particular case as will be seen that the learned tribunal failed to take into consideration that in 1994 by amendment of the law for no fault liability an amount of rs. 50,000 has been fixed for the death of a person, this award no doubt was given ..... conforming to rectitude and justice. something equitable and fair. the provision in any other act may furnish a broad outline, but is not binding on the tribunal. just compensation is one which does not come as source of profit to the claimant on ..... determining the amount of compensation which appears to the tribunal to be just and not perfect. the criteria for determining the compensation are not laid down specifically in the act, but the tribunal is to make an award determining the amount of compensation which appears to be just. the word just in the section connoted reasonableness, something .....

Md. RaifuddIn Ahmed Alias Rickbaba Vs. Lakheswar Dutta

Court : Guwahati

..... concerned with this aspect of the matter in the present proceeding. the plaintiff did not appear before the court on 9.3.2005. however, his prayer, for amendment of the plaint by way of impleading party defendants was allowed upon recording the no objection of the defendant-respondent. it appears that although the prayer for impleading the ..... your honour may deem fit and proper.10. on perusal of the above statements and the prayer, strictly speaking the application filed under section 5 of the limitation act, 1963 registered as misc. case 220/2005 was for condoning the delay in filing the application for restoration of the petition under order 39, rule 2a. thus, ..... be filed under the facts and circumstances stated hereinabove.8. that the reasons stated hereinabove are the sufficient cause within the meaning of section 5 of the limitation act, therefore, the delay of 45 days in filing the application for restoration of the petition under order 39, rule 2a may be condoned for ends of justice. .....

N.E. thermion Private Ltd., Represented by Its Authorized Lawful Attor ...

Court : Guwahati

..... so appointed shall not be a person who had dealt with the matter/s in dispute. the provisions of the arbitration & conciliation act, 1996 and the rules framed thereunder or any amendment thereto shall apply to such arbitral proceedings. the award passed by such sole arbitrator shall be final and binding on the parties. the ..... oil corporation ltd. (assam oil division). the appellant/writ petitioner thereafter started lifting the scrap material in question. however, in the first week of august 2007 the respondent corporation obstructed the appellant/writ petitioner from lifting any further quantity of scrap material. in the above situation, the appellant/writ petitioner addressed a letter ..... the tender notice being for the entire lot, the acceptance thereof and payment of the entire amount resulting in the sale orders dated 19.1.2007 and 20.7.2007 has the effect of vesting all the materials of the ktu plant in the appellant/writ petitioner. in such circumstances, according to the learned .....

Dosoi Sonari Vs. Ramesh Chandra Dutta and anr.

Court : Guwahati

..... court found strong reasons in the judgment of rankin. c.j. wherein the chief justice exploded the futility of serving such notices invariably in all cases. the amendment shows that omission to issue notice under sub-rule (1) or to record reasons where a notice is dispensed with does not affect the jurisdiction of the court ..... is applied for requiring him to show cause, on a date to be fixed,why the decree should not be executed against him . provided ..............' the calcutta high court amendments vide notification no. 3516-g of 3-2-1933. added the following as sub-rule (3): '(3) omission to issue a notice in a case where notice ..... nature. the procedure envisaged is in substantial agreement with the procedure of a writ of scire facias (such a writ has now been abolished by the crown proceeding act, 1947 (schedule i). procedural safeguards are meant to facilitate substantive justice and not to hinder justice. procedural laws are loaded with innumerable technicalities and do not deserve .....

Smt. Purabii Dasgupta (Sarkar) Vs. Arun Kumar Dey and anr.

Court : Guwahati

Reported in : AIR2010Ass66,AIR2010Gau66

..... this rule unless notice of the application has been served on the opposite party.18. it is an admitted position that the trial court without disposing of the amendment petition filed by the plaintiff petitioner proceeded for deciding the suit on preliminary question of maintainability and heard the defendant respondents on the question of maintainability of the ..... placed reliance on two decisions of this court in the case of sri. atindra chandra bhattacharjee v. smt. dipali, bhattacharjee (crp 28 of 2000) reported in : air 2007 gauhati 17 and the case of smt. chanda dasgupta v. smt. ila das gupta crp 28 of 2006.17. before proceeding with the discussion, it would be profitable for ..... : (2003) 6 scc 641, scc pp. 656-57, para 28, this court held:(i) the jurisdiction under article 227 cannot be limited or fettered by any act of the state legislature;(ii) the supervisory jurisdiction is wide and can be used to meet the ends of justice, also to interfere even with an interlocutory order,(iii) the .....

Rameswar Das and ors. Vs. Jogeswar (Kalita) Das and ors.

Court : Guwahati

..... 2 is not applicable. however, the provision of order 21 rule 2 is applicable in case of money decree as well as the decree of any kind as per amendment of cpc in 1976. consequently, the effect of non recording of the adjustment of the decree by the learned court below which is also a term of exhibit 1, ..... anything in furtherance of the said contract was done by him. thus, in the absence of the vital ingredient section of section 53 of the transfer of property act the act of part performance alleged by the judgment debtor cannot be said to have been fulfilled in the instant case. accordingly, the finding of the learned trial court to ..... possession to evidence part performance. therefore, mere retention of possession quite legal and valid, if mortgage with possession is not discharged, could hardly be said to be an act in part performance unequivocally referable to the contract of sale. 11. finding of the learned executing court in the instant case to the effect that the petitioners being an .....

Kalyanee and anr. Vs. Dr. Bhabani Charan Banerjee and ors.

Court : Guwahati

..... relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide or that by his blunder, he had caused injury to his opponent which may not be compensated for by an ..... order of costs. however negligent or careless may have been the first omission, and however late the proposedamendment, the amendment may be allowed if it can be made without ..... been sought to be rectified after the expiry of a period of about 13 years. but that by itself would not be sufficient to reject the application for amendment, if the amendment was necessary to be made to meet the ends of justice, and if no prejudice in any manner is caused to the defendant. the court below has said .....

Suresh Chandra Goswami Vs. Suresh Chandra Deb Nath

Court : Guwahati

..... follows that the magistrate's duty, in the event of non-attendance of prosecution witnesses in a warrant case instituted on a police report, remains the same even after the amendment.in the recent patna case state of bihar v. polo mistry reported in : air1964pat351 arising out of a revision petition against the order of acquittal by a magistrate under section ..... , as it stood before section 251a which makes special provision for trial of warrant cases instituted on police reports was introduced in the code of criminal procedure by way of amendment in 1956, and acquittal simply on the ground of absence of the witnesses was illegal unless it was a case where the prosecution had undertaken to produce the witnesses and .....