Court : Guwahati
..... in exercise of the powers conferred by section 33 of the indian medical council act, 1956 (102 of 1956), the medical council of india with the previous approval of the central government hereby makes the following regulations to further amend the regulations on graduate medical education, 1997, namely:- 1. (i) these regulations ..... the notification, dated 25-03-2009, is securing of minimum of 45% marks instead of 50% taken together in the qualifying examination and also the competitive entrance examination. if the expression, taken together, is carefully examined, dispassionately considered and logically interpreted, it becomes clear that a person, who suffers from locomotor ..... avail the benefit of 3% quota for admission into mbbs course, must have obtained 45% marks in qualifying examination and, again, 45% marks in the competitive entrance examination. the question, therefore, is: whether the explanation, so offered, by the mcis letter, dated 21-04-2009, would supersede and override .....
Tag this Judgment!Court : Guwahati
..... the editor of a newspaper was charged in respect of an article published by him with an offence under section 33b of the public order act, 1972 as amended by the public order (amendment) act, 1976, which provides amongst others that any person who prints or distributes any false statement which is likely to undermine public confidence in ..... in this regard, observed that if these assistance (advertisements) from the government are curtailed, it may bethat the newspaper will not be able to withstand the competition and in the long run it may die down. the necessary corollary which follows is that such an action of the government would directly affect the freedom of ..... the n.f. railway authorities continued to release advertisements to the said two newspapers. further more, the petitioners have placed on record the two documents dated 27-2-2007 and 2-2-2008 wherefrom it is evident that the two newspapers stood empanelled with the davp. 44. moreover, the n.f. railways have themselves disclosed in .....
Tag this Judgment!Court : Guwahati
..... editor of a newspaper was charged in respect of an article published by him with an offence under section 33b of the public order act, 1972 as amended by the public order (amendment) act, 1976, which provides amongst others that any person who prints or distributes any false statement which is likely to undermine public confidence in ..... in this regard, observed that if these assistance (advertisements) from the government are curtailed, it may bethat the newspaper will not be able to withstand the competition and in the long run it may die down. the necessary corollary which follows is that such an action of the government would directly affect the freedom ..... 12. the petitioners claim that they had approached the railway authorities in this regard but without success. finally, the petitioners sent a lawyers notice dated 16.03.2007 to the respondent nos. 3 and 4 calling upon the said respondents to allot advertisements to the two newspapers adequately at par with that of similar newspapers. .....
Tag this Judgment!Court : Guwahati
..... the assessing officer below do not call for any interference.61. due to specific limitation/restriction embodied in the provision of section 8(2)(f)(vii) of the assam act on being amended and bearing in mind the fact situation occurred in gemini cashew's case as already recorded in paragraphs 24(b) and (c)(pages 528 and 529 supra) hereinabove, ..... the ratio of gemini cashew's case to the extent of maintenance of accounts on the mercantile system has no applicability herein.62. since the amended provision of section 8(2)(f)(vii) of the assam act was not brought to the notice of the single bench in pronouncement of phukenbari's case , we are constrained to hold that in the absence ..... f)(vii) the scope of the provision has been widened and the same has been put at par with that of section 37 of the central act and as such, the legislative intent in making such amendment is very clear. according to him, the intention is precisely to give a wider meaning to the provisions of section 8(2)(f)(vii) .....
Tag this Judgment!Court : Guwahati
..... of 'the company was closed. later on new directors were inducted and thereafter some amendments in the articles of association were made and it started production of ms ingots, runners and risers, etc. the company vide its letter dated 18.5.1999 ..... the transport subsidy scheme will be extended further in so far as mb states are concerned for a period of 10 years, i.e., upto 31.3.2007 being co-terminus with the 10th five years plan on same term and conditions as are applicable now.c. fiscal incentives to new industries units and their ..... the main object to carry on the business of manufacturing tools, implement, machineries, equipments, etc. the company had also obtained registration under customs and central excise act dated 27.8.1992 for manufacturing and marketing of psc poles and steel fabricated structures. the company started its production but due to some unavoidable circumstances, the production .....
Tag this Judgment!Court : Guwahati
..... note that while the notifications imposing entry tax already stood challenged, in the present set of writ petitions, the legislature introduced, under the assam entry tax (second amendment) act, 2005, section8aby means of the impugned notification, dated 9.9.2005. section 8a, is, however, retrospective, for, it comes into force with effect from ..... refused to give his sanction to the imposition of entry tax on textiles and fabrics, the impugned notification, the impugned ordinance and the impugned aet (second amendment) act, 2005, imposed entry tax on textiles and fabrics. such imposition of tax, submits dr. todi, is wholly against the letter and spirit of the proviso ..... expensive in comparison to similar products produced in refineries in other states where there is no entry tax (e.g., west bengal) and, therefore, far less competitive.144. from the above averments made in wp(c) no. 4775/2005, it clearly transpires that according to the petitioners, the movement or transportation of crude .....
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
..... is not under any statutory obligation to pay the bonus @ 4% which adversely affected the workers and considering the grievances made by the workers, the payment of bonus act was amended by amending act (43 of 1977) (48 of 1978) (50 of 1980) and (66 of 1980) wherein and whereunder 8.33 percent has been provided for payment of a ..... s.n. sarma, learned senior counsel appearing for the petitioner has taken this court to the pleadings of the parties, the evidence on record and the provisions of the act (amendment act 23 of 1976) and argued that since the tribunal has recorded a finding that there was no allocable surplus for the accounting year, 1975, there is no question ..... surplus is not there, whether the workmen of the assam oil company were not entitled to any bonus for the said year of 1975. the payment of bonus (amended act), 1976, was deemed to be effective from september 25, 1975 and this superseded the ordinance which was in the field in this regard. the allocable surplus, has .....
Tag this Judgment!Court : Guwahati
..... source of power, relating to imposition of such tax straightway leads us to the provision of article 366(29a) of the constitution. parliament has amended the provision of article 366 in the 46th constitution amendment act, 1982 adding a new provision as (29a) in this article which is quoted hereinbelow:article 366(29a). 'tax on the sale or purchase ..... such a question has also cropped up for consideration before a learned single bench of this court in the case of hls asia ltd. v. state of assam [2007] 8 vst 314 (gauhati) and the learned single judge repelling the contention of the petitioners held in that case that the hiring of wire-line logging and perforation ..... limited v. government of andhra pradesh .2. mahabir transport agency v. chairman, food corporation of india [1998] 109 stc 99 (gauhati).3. hls asia ltd. v. state of assam [2007] 8 vst 314 (gauhati) writ application no. 314 of 2003 disposed of on november 10, 2006.4. bharat sanchar nigam ltd. v. union of india : [2006]282itr273(sc) . .....
Tag this Judgment!Court : Guwahati
..... later, an unforeseen set of facts may give rise to a case to which such general rules may offer no remedy. when this occurs, justice requires either an amendment of the rule or, if the rule is not freely changeable, a further rule or body of rules have to be developed to mitigate the severity of the ..... cases of compensation. no award for compensation, according to the learned advocate general, could have been made on the basis of mere application or petition seeking compensation under the act of 1855.16. mr. d.k. biswas, learned amicuscuriae, submits that the relief of compensation for an 'actionable wrong', which is tortious in nature, can be ..... judgments assailed in the two letters patent appeals under consideration, the learned single judge has remanded the matters for deciding the question as to whether under the fatal accidents act, 1855, a litigant is required to file a 'suit' or a 'petition' while seeking compensation. the answer would have significance insofar as the liability to pay .....
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