Court : Guwahati
..... the final determination of the government policy to be submitted to the parliament;(b) ...(c) the continuous co-ordination and delimitation of the authorities of the several departments of state.(set; ivor jennings -- cabinet government).40. the executive function of ..... some unavoidable circumstances, the production 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 ..... position based on the promise field out in the industrial policy resolution dated 24.12.1997.54. writ appeal no. 216/2003 arising out of wp(c) no. 66(sh)/99, pawan ispat (meghalaya) (p.) ltd. - the writ ..... 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 .....
Tag this Judgment!Court : Guwahati
..... no option but to proceed to dispose the matter in accordance with order 17, rule 2 in any one of the modes prescribed under order 9 of the cpc. after amendment by act 104 of 1976 to order 17, rules 2 and 3 in cases where a party is absent, only course is as mentioned in order 17, rule 3(b) to ..... of civil procedure read with article 227 of the constitution of india is directed against the judgment and order dated 22.12.2003 passed by the learned civil judge (senior division) no. 1, guwahati in misc. appeal no. 20 of 2003.2. i have heard mr. n. dhar, learned counsel for the petitioners and mr. m.k. choudhury, learned senior counsel for ..... the date fixed.9. therefore, i do not find any infirmity in the order passed by the learned civil judge (sr. division) no. 2. guwahati in misc. appeal no. 20/2003. the revision petition is accordingly dismissed. .....
Tag this Judgment!Court : Guwahati
..... gaon panchayats, anchalik panchayats and zilla parishads. the state government-respondents also state in their affidavit that the state government had already completed the process for delimitation of gaon panchayats, anchalik panchayats and zilla parishads constituencies for holding election by the state election commission and necessary funds are being provided to the state election ..... for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.(2) no amendment of any law for the time being in force shall have the effect of causing dissolution of a panchayat at any level, which is functioning immediately before ..... the gaon panchayats, anchalik panchayats and the zilla parishads were dissolved vide impugned notice/order dated 29.4.2007 as per the provisions of the assam panchayat act, 1994 and also as per the constitutional mandate. it is also further stated in their affidavit that the decision taken by the government for dissolution of .....
Tag this Judgment!Court : Guwahati
..... a claims tribunal, at the instance of an insurer, 'on the grounds other than those mentioned in section 149 of the mv act, 1988.12. however, in sadhana lodh v. national insurance co. ltd. and anr. reported in : [2003]1scr567 , which arose, in the form of a writ petition made under article 227 of the constitution of india, out ..... article 227 of the constitution form part of the basic structure of the constitution and whether the powers, so given to the high courts, can be taken away by amendment of the constitution or by any piece of legislation?38. the court, in gauri roy (deb) (supra), answered the questions, posed above, in tune with the ..... learned single judge, who had rendered the decision in new india assurance co. ltd. (supra). in krishna kakati (supra), the learned single judge, having referred to sadhana lodh : [2003]1scr567 (supra), rejina begum (supra) and gauri roy (deb) (supra), did not clearly hold that the learned single judge was taking a view contrary to rejina begum (supra) .....
Tag this Judgment!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 ..... to condone the delay towards restoration of the suit in question which was dismissed for default.2. the petitioner as the plaintiff instituted title suit no. 166/2003 against the defendant, i.e., the respondent herein in respect of the suit property praying for a decree of permanent injunction restraining the defendant from interfering with ..... 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 .....
Tag this Judgment!Court : Guwahati
..... no indication as to what were the legal and constitutional grounds. with such statement, the prayer made in the application was to allow the petitioner to amend the writ petition. by order dated 4.6.1999, the application was allowed with the following order:having heard the learned counsel for the petitioner and ..... the petitioners that they for the first time came to know about the proceeding before the tribunal after publication of the legal notice dated 22.12.2003. referring to the notice issued by the recovery officer for liquidation of mortgaged property and also other properties of the petitioner-company putting the same to ..... and financial reconstruction), the petitioner-company has been held as a sick industrial company as understood under the provisions of the sick industrial companies (special provisions) act, 1985. apprehending that a winding of proceeding might be initiated and taken up against the petitioner-company, the recognized labour union preferred the writ application being .....
Tag this Judgment!Court : Guwahati
..... did not direct joint trial of all the cases. the cases aforementioned were, therefore, required to be tried separately.12. in compliance with the directions given on 4-4-2003, as indicted hereinabove, the cases were made over to the special judge, assam, guwahati; but during the progress of the trial, the learned special judge, assam, guwahati, ..... that the accused resides in manipur and it would be inconvenient for him to appear in different courts in connection with these cases. by order, dated 4-4-2003, passed, in criminal revision no. 617/1997, this high court allowed the prayer of the accused and directed that all the said four cases be tried by special ..... punishment of the offence of which such person is convicted.(6) a special judge, while trying an offence punishable under this act, shall exercise all the powers and functions exercisable by a district judge under the criminal law amendment ordinance, 1944 (ord. 38 of 1944).7. a microscopic reading of sub-section (3) of section 5 of p. .....
Tag this Judgment!Court : Guwahati
..... at the time of initiation of the selection process, ought to have been resorted to for the purpose of making the selections and not the amended recruitment rules and/or the rules of 2003?iii) whether the writ petitions suffer from non-joinder of necessary parties?iv) whether a scheme for conducting the selection process, as envisaged under ..... wherein in paragraph 39 of the judgment the supreme court observed as follows:39. section 28 of the act was challenged as conferring arbitrary and unguided power and therefore violative of articles 14 and 15. section 28 of the act confers power on the government to appoint persons as it thinks fit to be the inspectors for the ..... purposes of the act and such inspector shall have power to enter a all reasonable hours the premises or place where contract .....
Tag this Judgment!Court : Guwahati
..... the partner as intended under section 10(2a) ?12. to appreciate the above contention, we may refer to the scheme of the indian it act, 1922, prior to: its amendment by the finance act, 1956. the scheme recognizes two kinds: of firms unregistered and registered firms. in the case of an unregistered firm, the tax payable by ..... air1989sc611 , aphali pharmaceuticals ltd. v. state of maharashtra : air1989sc2227 ; sutlej cotton mills ltd. v. cit : [1991]187itr182(sc) and pandian chemicals ltd. v. cit : [2003]262itr278(sc) which crystallize the law relating to the interpretation of the taxing statute.8. section 10(2a), so far it relates to the case at hand, provides that the ..... upon various decisions of the apex court, particularly in murlidhar himatsingka v. cit : [1966]62itr323(sc) and cit v. sunil j. kinariwala (2003) 179 ctr (sc) 15 : (2003) 259 itr 10, argued at length to justify the contention that the income is from export business and therefore, it is eligible for deduction under section .....
Tag this Judgment!Court : Guwahati
..... not be necessary in all cases for 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 of settlement or survey with or without ..... . mr. nandi, on the other hand, has referred to the following decisions rendered by the apex court as well as by this court reported in air 2003 (3) scc 643 2002 (2) glt 279 and air 2003 gau. 122.8. i have considered the rival submission projected by both the parties, perused their respective pleadings and the materials available on record.9 ..... whereof is essential of validity of the 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 by the high court) there leaves no .....
Tag this Judgment!