Court : Guwahati
..... filed affidavit-in-opposition in the present writ petition. in their affidavit-in-opposition it had been stated that as per section 9(1) of the delimitation act, 2002 as amended vide delimitation (amendment act, 2003), the delimitation commission is required to delimit the seats in the house of the people allocated to each state and the seats assigned to the legislative assembly of each state on the basis ..... of census figures as ascertained at the census held in the year, 2001, having regard to the provisions of the constitution and the delimitation act. it is also stated .....
Tag this Judgment!Court : Guwahati
..... , who are textile merchants, has submitted that inclusion of all varieties of textile by the impugned notification, dated 26.8.2003, and also under the impugned ordinance and the aet (second amendment) act, 2005, clearly shows that on the president's declining to accord sanction to impose entry tax on all kinds of textiles ..... character ; whereas the powers to legislate are given to the union and the state legislatures under articles 245 to 255, the entries are designed to define and delimit the respective areas and legislative competence of the union and the state legislatures. see calcutta gas co. proprietory) ltd. v. state of west bengal : air1962sc1044 ..... india are not powers of legislation, but fields of legislation. the entries in these lists are mere legislative heads of enabling character. these entries define and delimit the restrictive areas and legislative competence of the union and state legislatures. the power to legislate is, however, primarily, derived by the union as well .....
Tag this Judgment!Court : Guwahati
..... proclamation of emergency is in operation or if circumstance exists which, in the opinion of the governor render the holding of the election impracticable. by the constitution (amendment) act, 1995 (42 of 1995), para-20ba was inserted. this newly inserted paragraph makes it obligatory on the part of the governor to consult the council of ..... (constitution of district council) rules, 1951 read with sub-para (6)(b) of para-2 of the sixth schedule constituting a committee for the purpose of delimitation of constituencies on various terms and conditions embodied therein. therefore, both the notifications read together suggest that there has been ethnic clashes resulting in displacement of large ..... must in view of the displacement of a large number of ethnic people from their ancestral villages due to ethnic violence that took place in the year 2003 resulting into loss of lives and property. these people are scattered and living in different places where they have set-up new villages. it was .....
Tag this Judgment!Court : Guwahati
..... areas of the state initiated steps for amendment of manipur hill areas (district councils) act, 1971, which, in fact materialize with the enactment of the manipur (hill areas) district councils (third amendment) act, 2008. thereafter, the secretary (hills), govt. of manipur issued a notification on 11. 09. 2009, publishing the delimitation of the boundaries of 24 constituencies of ..... of the vith schedule of the constitution of india to the tribal areas of the hill districts of manipur and that as far back as in the year 2003, the then deputy prime minister of the country had, on the basis of the representations on the issue, requested the chief minister of the state to ..... , according to the petitioners, a memorandum of the hill area committee of the manipur, legislative assembly with the prime minister of the country on 14. 09. 2003 on the subject matter. while the matter rested at that, the government of manipur without pursuing the issue bearing on the extension of the vith schedule of the .....
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..... india and section 23a of the amendment act, 2006. the final approval of the census operation of 2011 is yet to be given by the central government. the elections have been long overdue and, therefore, there cannot be any justification to hold the elections after revision of electoral rolls and delimitation of wards based on the final ..... approval of the census operation of 2011 is given, by the central government, the process of revision of electoral rolls and delimitation of wards have to be initiated under the nagaland municipal (delimitation of wards) rules, 2003, for short, the rules. 7. the respondent no.2, the nagaland state election commission, in its affidavit has stated ..... ) had also quoted with approval paragraph 151 of the judgment rendered in special reference no.1/2002, in re, reported in (2002) 8 scc 237 : (air 2003 sc 87) which is as follows : "151. the impossibility of holding the election is not a factor against the election commission. the maxim of law impotentia excusat .....
Tag this Judgment!Court : Guwahati
..... amendment act. 1992, part ix of the constitution has been inserted. the relevant provision for the present case being article 243-o. the same is extracted below :-- article 243 o, bar to interference by courts in electoral matters.-- notwithstanding anything in this constitution--(a) the validity of any law relating to the delimitation of ..... of the election tribunal made under sub-section (1) shall be final.(underlined is mine) '106. notwithstanding anything in this act--(a) life validity of any law relating to the delimitation of constituencies or the allotment of seat to such constituencies, made or purporting to be made under the relevant provision of the ..... the rural areas of manipur and for matters connected therewith and incidental thereto. the relevant provisions for the present matter are sections 103 and 106 of the act. they arc reproduced below : 103(1) the government shall constitute election tribunal consisting of one member to be appointed by that government to dispose of .....
Tag this Judgment!Court : Guwahati
..... .1999 and not on the date the judgement was delivered by the commissioner for workmen's compensation. if we apply the provision of amending act 30 of 1995 the compensation to which the claimant is entitled would be 60% of the amount of monthly income of rs. 2000 ..... on 24.5.1999 the compensation could have been awarded as provided under section 4 under the amended act 30 of 1995 and as such the commissioner for workmen's compensation has committed an error in applying section 4 as it stands ..... under the amended act 46 of 2000.3. in pratap narain singh deo v. srinivas sabata, reported in (1976) 1 scc 289, ..... the conclusion that his earning capacity has been reduced to more than 70% and accordingly the compensation was calculated applying the amended provision of section 4 as amended by act 46 of 2000 which came into force with effect from 8.12.2000. the calculation was made by the commissioner .....
Tag this Judgment!Court : Guwahati
..... no. 3 has drawn the attention of this court to the provisions incorporated in respect of btc by the constitution (amendment) act, 2003 to insert a proviso to sub-paragraph (1) of paragraph 2 of the sixth schedule to the constitution. the amendment is extracted below:provided that the bodoland territorial council shall consist of not more than forty-six members of whom forty ..... his 'discretion' after consulting the council of ministers. but, unlike the governor functioning as a constitutional head, the governor while exercising powers under paragraph 20 bb is not required to act as per the aid and advice of the council of ministers.6. the govt. of mizoram did not file any counter affidavit in the case but produced the government records .....
Tag this Judgment!Court : Guwahati
..... opening the argument on behalf of the petitioner, mr. b.n. dutta, the learned senior counsel has drawn our attention to the provisions of the learned act and the amended act 2003 along with the mes rules and the mes (e&m;) branch rules for supply of electricity energy distributed by the mes no. iafw 2191 and urged ..... that the petitioner has applied for supply of energy to his residential house as per provisions of the repealed act along with the mes rules. the respondents authority on ..... be inferred that the doctrine of promissory estoppel is applicable in the present case, the petitioner being 'consumer' and respondents authority, a 'licensee' as per act 1910 and act 36 of 2003. while disposing the writ appeal this court totally ignored the principles laid down in a number of cases by the apex court, on promissory estoppel. without .....
Tag this Judgment!Court : Guwahati
..... on 17-11-1961 notice was given by one capt. roshan lal on behalf of the commandant warning chakra bahadur thapa that he was charged under the assam rifles amendment act, 1958 section 6 (b) with using criminal force to his superior officer and assaulting him and threatening him with a sword from the club room, and directing him ..... , had returned and on 23-11-61 he began the trial of chakra bahadur thapa. he first framed a charge, stating it to be under the assam rifles amendment act, 1958 section 6 (b) for using criminal force to and assaulting major madiah and threatening him with the sword from the club room. six witnesses were examined at ..... powers of a magistrate, first class, by the chief commissioner of tripura, that the proceedings against the petitioner's husband were taken for offences under the assam rifles act and the trial was held in accordance with the provisions of the criminal procedure code and that as first class magistrate, the commandant had the power to impose a sentence .....
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