Court : Guwahati
..... short hereafter referred to as the rules). rule 13 thereof, portrays the mode for promotion to various ranks including that of the superintending engineer. amendment hereto was occasioned by the assam engineering (public works department) amended service rules, 1983. where under, promotion upto the rank of superintending engineer was to be caused on the basis of merit and suitability with ..... has to be communicated to him. seeking thereby to formulate a new principle of natural justice, their lordships observed that the state as a model employer is obliged to act fairly towards its employees to ensure good governance and that except, in case of military officers, communication of such entries in the annual confidential report of a public service ..... 01. these two appeals carry a challenge to the judgment and order dated 14. 12. 2007, passed in wp(c) no. 4934/2006. thereby the moderation of the grading of the respondent no. 1 herein in his annual confidential reports (for short hereafter .....
Tag this Judgment!Court : Guwahati
..... were in the past voting in favour of ruling npf party and even attending legislature party meetings of npf. he continues that there act of signing a no confidence motion dated 11th december 2007(annexure d) with members of congress party implies that these 3 members are indulging in party politics. thus the speaker had no ..... . the facts relevant having been noticed, before proceeding further the provisions of the 10th schedule may briefly be recapitulated.dealing with the constitutional validity of the 52nd amendment of the constitution by which the tenth schedule of the constitution was inserted in the constitution, speaking for the majority of the court, justice venkatachaliah, j, ..... as anything other than the point at which the whip is defied. therefore in the background of the object sought to be achieved by the fifty-second amendment of the constitution and on a true understanding of para 2 of the tenth schedule, with reference to the other paragraphs of the tenth schedule, the position .....
Tag this Judgment!Court : Guwahati
..... had at all jurisdiction to entertain the complaint against an accused who were outside his jurisdiction in the light of limitations prescribed under section 202(1), crpc, as amended in the year 2005.12. long back in the case of pepsi food ltd. v. special judicial magistrate, reported in : 1998crilj1 the hon'ble supreme court ..... recorded the statement of the complainant under section 200 crpc and after taking cognizance of the complaint issued process against the accused persons vide order dated 16.07.2007. being aggrieved with the order, taking cognizance of the complaint accused nos. 1 and 3 have filed the revision applications seeking quashing of the police case as ..... ground for proceeding against the accused.vi. where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or .....
Tag this Judgment!Court : Guwahati
..... an order for payment of the last drawn wages of the workman.6. section 17b was brought into the statute book by an amendment made by act xi of 1976. the objects and reasons for the aforesaid amendment in so far as the insertion of section 17b is concerned, as published in the gazette of india, is to the following effect ..... the last drawn wages of the workman. such a power is inherent in the court and what has been done by the amendment of the act is only to cast a mandatory obligation on the courts to so act if the conditions prescribed by the statute are so met. even from the aforesaid standpoint this court will not be powerless ..... represented by the union at all stages of the proceedings before the industrial court. the requirement of filing an affidavit by the workman as stipulated by section 17b of the act must, therefore, be understood to have been substantially met. that apart, in the reply affidavit of the workman submitted in the miscellaneous case the allegation of gainful employment .....
Tag this Judgment!Court : Guwahati
..... deem the plaintiff as entitled to. on the basis of this prayer also the plaintiff/respondents are permissible to bring this amendment by deleting the exact provisions of section 5( 1 )(c) of the act to make the prayer wider under the act.15. in bk narayana pillai v. parameswaran pillai and ors. case (supra), the apex court dealing on the ..... has been pending since 1989 in the trial court. the tenants are liable to be evicted under any grounds laid down in the act and it is for the plaintiff to take any ground for ejectment. it appears from the amendment petition that the plaintiff/respondent intends to delete the specific provisions, i.e., section 5(l)(c) of the ..... act and wants the protection of section 5 as a whole. moreover on perusal of the evidence of one of the plaintiff, mr. sibnath paul, .....
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..... no drawn up as per the judgment. for this purpose, the judgment-debtor is always at liberty to approach the trial court for amendment of the decree under the provisions of the section 152 of the cpc if so advised, and if such a case is made. ..... providing a boundary or numbers in a record of settlement or survey, which is left to the option of the party. the said amendment provides that in case any area is mentioned, such description shall further state the area according to the notation used in the record ..... , with or without, at the option of the party, the same area in terms of the local measures.in fact the said amendment of the rule was originally made by the calcutta high court and the same is continuing even after creation of the gauhati high court ..... acts or document as to which it is imposed.[ref : craies on statute law, 7th edn. p.62]applying to the said test, in the conspectus of the decision of the apex court referred to above, and the provision order 7, rule 3 of the cpc (as amended .....
Tag this Judgment!Court : Guwahati
..... its decision to confer citizenship on the chakmas, in accordance with section 5(1)(a) of the act.the second respondent further states that the children of the chakmas, who were born in india prior to the amendment of the act in 1987, would have legitimate claims to citizenship. according to the union of india, the first ..... arunachal pradesh. in this connection, he has produced the copy of the arunachal pradesh code, vol-i which depicts certain amendments made by the state govt. to the aforesaid regulation. as per the said amendments, the provisions of the regulation extend to the entire state. upon such adoption of the regulation, the provision of section ..... to the petitioners, inspite of the directions issued by the apex court for safety of lives and properties of chakma refugees, the state administration has failed to act upon the same. in this connection, the petitioners have referred to 14th lok sabha election. during the said election, the likelihood of around 1000 chakmas exercising .....
Tag this Judgment!Court : Guwahati
..... .16. according to mr. bhattacharjee, when the trial court allowed the plaintiffs appellants to withdraw their plea claiming as bargadar and allowed the prayer for amendment relating to the plea of adverse possession over the b schedule land, both the court below failed to consider the adverse possession over the b schedule land ..... of encroachment on the defendants respondents' jote right extinguishing their title. the animus to hold the schedule b land adversely to the title pf the defendants respondents have started only after filing of the amendment as they changed the animus only after receiving ..... amended petition, they were admittedly the permissive possessor over the b-schedule land. in the instant case, the animus to hold land of b schedule adversely to the title of the defendants respondents can be said to have started only when the plaintiffs appellants derived knowledge that their possession over the suit land had been alleged to be an act .....
Tag this Judgment!Court : Guwahati
..... nagaland hills tuensang areas of both kohima and mokokchung districts. it was vide assam regulation no. xii of 1951 and vide act 3 of 1951, the prevention of corruption act, 1947 (now amended in 1988), came into force in the naga hills tuensang in the district of kohima and mokokchung respectively vide assam government' ..... proceedings vide notification no. con. 146/76 dated 3.11.1976 (annexure-c to the writ petition) and vide notification no. law/act-18/87 dated 23.3.2007 (annexure-e to the writ petition) appointed the tribunal for departmental proceedings in the vigilance commission as the special judge within the jurisdiction ..... by subsequent resolution or government notification or circular but while transferring and forwarding the case records the deputy commissioner (judl.), dimapur addressed a letter dated 18.4.2007 to the deputy commissioner (vigilance) and special judge, tdp, nagaland, kohima. this establishes the fact that there is a post designated as deputy commissioner (vigilance .....
Tag this Judgment!Court : Guwahati
..... over the schedule property and also for recovery of khas possession and also initially for confirmation and possession and subsequently amended for recovery of khas possession, the suit is definitely governed under the provisions of article 65 of the limitation act and the period of 12 years limitation for bringing the suit runs from the date when the defendants' possession ..... suit land without there being any objection from the true owner, the defendants' possession became adverse from 20-5-77 and, in the instant case, the prayer for amendment for recovery of khas possession having been introduced on 12-11-92, the suit is clearly barred by time even under article 65 of the limitation ..... the appeal, as the respondent no. 5 (defendant no. 5 in the suit) died, her name was struck off from the list of respondents vide order dated 20-12-2007 passed in the appeal, as her legal heirs are already on record, being respondent nos. 1 to 4. the names of proforma respondent nos. 9 to 13 were also .....
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