Judgment Search Results Home > Cases Phrase: delimitation amendment act 2003 section 4 amendment of section 8 Court: guwahati Page 77 of about 937 results (0.295 seconds)

NabIn Chandra Barooah Vs. the State and anr.

Court : Guwahati

..... had been illegally convicted of the offences under sections 34a, 38 (4) and 38 (9) of the assam sales tax act, 1947 as amended by the 1964 amendment act (hereinafter called 'the act').2. section 38 (4) of the act lays down that whoever not being a registered dealer, falsely represents, when purchasing goods, that he is a registered dealer, ..... cannot be said that the articles that go into the construction works could be treated as covered by the word 'sale' coming within the purview of the act. following the view expressed by their lordships of the supreme court the department appears to have cancelled the registration of the petitioner's firm with retrospective effect ..... being the case, the petitioner's firm cannot be blamed or taken to task for having functioned under the certificate which was current at the time of the acts complained of. the petitioner, therefore, cannot be said to have committed any offence. it is true that as the registration was subsequently cancelled, the actions which .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... it has prima facie reasons to believe that a person had to a substantial extent evaded payment of taxation. in 1954 section 34 of the indian income-tax act was amended by insertion of sub-section (1a) and as a result persons who evaded payment of income-tax to a substantial extent could be dealt with under this section ..... judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code (xlv of 1860)."before the amendment made by the finance act of 1956, section 37 stood as follows :"37. the income-tax officer, appellate assistant commissioner, commissioner and appellate tribunal shall, for the purposes of this ..... afford any guidance whatsoever in the matter of the scope and application of a special provision like section 37(2), introduced as an amendment to the indian income- tax act of 1922, by one of these finance acts.to meet the contention of mr. roy that the power given by section 37(2) is naked and arbitrary, dr. paul claimed .....

Jitendra Lal Roy Vs. M/s. Derby Tea and Industries and Others

Court : Guwahati

..... an additional written statement was filed on behalf of the defendant nos. 1, 2 and 3 stating that the prayer made by the plaintiff by way of amendment of the plaint challenging the khatians is barred by estoppel, waiver and acquiescence. 7. on the basis of the pleadings, the learned trial court had initially framed ..... not in conformity with the order passed under section 55 and therefore, contention of mr. dutta that khatians were issued without necessary particulars as enjoined under the act is without any merit. 36. meaning of the word, occupancy and occupancy right in assamese is given as dakhol and dakholi swatta , respectively, in the administrative ..... at on misconstruction of the said provision of law and without consideration of the evidence adduced by the defendants. 2. whether the learned appellate court below acted illegally in decreeing the suit without setting aside the khatian issued by the competent authority, and there being no pleading nor any issue framed in this regard .....

New India Assurance Co. Ltd. Vs. B. Vanlalsawia and anr.

Court : Guwahati

..... bar that inviting the 'conventional amount' was not properly explain by ld. tribunal below and particularly if section 163-a of m.v. act' 88 was applied, there is nothing in scheduled ii of motor vehicle act 1988 as amended update) to speak on any 'conventional amount'. be that as it may, it was pleaded that the child was lone male child of ..... learned tribunal is stands also reduced to 9% p.a. simple interest instead of 12% p.a. etc.8. petition is partly allowed. judgment and award, of tribunal would stand amended and modified as indicated.

G.R. Diary and Food Products Pvt. Ltd. Vs. National Small Industries C ...

Court : Guwahati

Reported in : II(2007)BC672

..... already given in order to have advance cheques for all the revised schedule of installments.4) the unit will execute a supplementary agreement/amendment to agreement to take care of amendment/extended date of installments.5) confirmation of extension of installments dates may also be obtained from the guarantors without effecting guaranty clauses/agreement. ..... the disputes about the meaning of a covenant in a contract or its enforceability have to be determined accordingly to the usual principles of the contract act. every act of a statutory body need not necessarily involve an exercise of statutory power. statutory bodies, like private parties, have power to contract or deal with ..... the petitioner and the respondents in the months of august and september, 2001. but the petitioner has chosen to file the writ petition in the year 2003 at a belated stage, when the petitioner has defaulted in making payment of the installments. if at all there are any valid grievances, the petitioner should .....

C. Lalneihkimi and anr. Vs. State of Mizoram and ors.

Court : Guwahati

..... 14 of the petition it was contended as follows by them. '8. that according to the provisions of the mizoram education and human resources department (group a post recruitment) (first amendment) rules, 1996 as notified by the respondent government in the mizoram gazette on 10.6.1996, the post of principal of government higher secondary schools is to be filled up .....

Dhanai Bhagwat Vs. Shakil Akhtar

Court : Guwahati

..... to 9.12.1991 which is lying outstanding and as such defendant is not a defaulter?4. the parties adduced evidences and exhibited certain documents. the plaint was amended and after amendment there was further examination of the defendant. the plaintiff examined two witnesses on his behalf. the defendant examined himself. the plaintiff exhibited as many as eight documents in ..... appeal being title appeal no. 2/99 in the court of ad hoc addl. district judge no. 1, tinsukia under section 8 of the assam urban areas rent control act. the learned appellate court heard the parties at length and considered the materials on record and formulated the point for determination, inter alia, whether the appellant/petitioner is a, ..... h.n. sarma, j. 1. by this revision petition the petitioner tenant has challenged the judgment and order dated 3.1.2003 passed by the learned ad hoc additional district judge-1, tinsukia in title appeal no. 2/99 dismissing the appeal filed by the petitioner and upholding the .....

New Manas Tea Estate (P.) Ltd. Vs. Bargaon Tea Co. (P.) Ltd.

Court : Guwahati

..... , rule 1, cpc for the purpose and object for which got incorporated by the amendment of 2002 is not frustrated.13. in the instant case, the money suit was instituted by the plaintiff/ respondent on 15.9.2003 and the summons were served on 1.11.2003. the petitioner never prayed for any extension of time for filing w.s. firstly ..... division, nagaon).19. the case of kailash v. nanhku and ors. (supra) is in respect of an election petition. while holding that section 86 of the representation of people act would empower the high court trying an election petition to adjourn the petition beyond the following day and the filing of w.s. being a stage in the 'trial' of ..... the writ jurisdiction which gives an impression that the real intent and purpose of the defendant/petitioner is to somehow delay the matter, a device for eradication of which the amendment to the provision was brought. the object behind substituting order 8, rule 1, cpc is to expedite the hearing and not to scuffle the same. here is a .....

Mahtab Ahmed and anr. Vs. Hira HussaIn and ors.

Court : Guwahati

..... wrong appreciation of the entire matter pertaining to service of notice on the legal heirs of the judgment debtors i have considered the submissions so made. the calcutta amendment reads as follows:omission to issue a notice in case where notice is required under sub-rule 1, or to record reasons in a case where notice ..... with or between the phrases, make it abundantly clear that the letter requirement is disjunctive of the first requirement making the position same to that of the bombay amendment. if that be so, non-service of notice on all the legal heirs shall not render the order for the execution of a decree and for that ..... dharandhar prasad singh v. jai prakash university and ors.3. : air2002sc2603 . narinder singh v. kishan singh (dead) by lrs and ors.4. : [2003]3scr762 . shiv shakti coop. housing society v. swaraj developers, and ors.5. : (2003)8scc289 . rabindra kaur v. ashok kumar and ors.6. : air1993ori259 . kishore chandra patel v. state of orissa15. in all the above cases, the .....

Mulibash Hastasilpa Samabay Samity Ltd. and ors. Vs. State of Assam an ...

Court : Guwahati

..... including the mats, chati, beti etc. are not 'forest produce' within the meaning of that expression as provided for under section 3(3) of the assam forest regulation, 1891, as amended from time to time.3. the sum and substance of the case set up by the appellants in this writ appeal is that they are not required to obtain transit ..... by the authoritative pronouncement of the supreme court in suresh lohiya v. state of maharashtra and anr. : (1996)10scc397 wherein the supreme court while construing analogous provisions in indian forest act, 1927 and having framed the question whether bamboo mate is a 'forest produce' as is this expression known to the indian forest ..... act, 1927, held that '... though bamboo as a whole is forest-produce, if a product, commercially new and distinct, known to the business community as totally different is brought into existence .....