Court : Guwahati
..... making the same inapplicable to the state of assam and instead notified the foreigners (tribunals for assam) order 2006, the apex court once again intervened to strike down the amendments (see sarbananda sonowal (ii) v. union of india reported in : (2007)1scc174 ) and issued direction to forthwith implement the direction in sarbananda sonowal (i) ( ..... in certain districts. in such circumstances, if the parliament had enacted a legislation exclusive for the state of assam, which was more stringent than the foreigners act, which is applicable to rest of india and also in the state of assam for identification of such persons who migrated from the territory of present bangladesh ..... engaged counsel, the proceeding before the foreigners tribunal speaks otherwise. the proceeding before the foreigners tribunal started on 28.9.2006 after scrapping of the imdt act by the apex court. notice was re-issued to the petitioner by order dated 28.9.2006, on receipt of which the petitioner appeared before the .....
Tag this Judgment!Court : Guwahati
..... 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 ..... legislative assembly, in exercise of my powers under rule 19 of the members of the nagaland legislative assembly (disqualification on ground of defection) rules, 2003, hereby give the following direction:without prejudice to the rights and liberties of members of the tenth nagaland legislative assembly belonging to political parties to ..... the provisions of the tenth schedule of constitution. even though, the speaker has supreme authority in conducting the proceedings of the house, yet his acts cannot and should not result in creating a mockery of the constitution. this situation has led to uncertainty in the state administration with speculations .....
Tag this Judgment!Court : Guwahati
..... application under rule 97 shall be determined by the executing court. it is worthwhile to mention that rule 101 was substituted for the original rule by an amendment under act 104 of 1976. prior to the amendment, the questions of title were required to be decided in a separate suit and could not be decided by the executing court. upon determination of the ..... of the said judgment the supreme court held as follows:13. so far sub-clause (1) of rule 97 the provision is the same but after the 1976 amendment all disputes relating to the property made under rules 97 and 99 are to be adjudicated under rule 101, while under unamended provisions under sub-clause (2) of rule 97 ..... (b) pass such other order as, in the circumstances of the case, it may deem fit.13. the scheme of rule 97, 98 and 101 (prior to and after the amendment of 1976) of the cpc fell for consideration before the supreme court in the case of shreenath and anr. v. rajesh and ors. : [1998]2scr709 . at paragraphs 13 and 14 .....
Tag this Judgment!Court : Guwahati
..... validity of the compensation awarded by the tribunal. in this particular case as will be seen that the learned tribunal failed to take into consideration that in 1994 by amendment of the law for no fault liability an amount of rs. 50,000 has been fixed for the death of a person, this award no doubt was given ..... conforming to rectitude and justice. something equitable and fair. the provision in any other act may furnish a broad outline, but is not binding on the tribunal. just compensation is one which does not come as source of profit to the claimant on ..... determining the amount of compensation which appears to the tribunal to be just and not perfect. the criteria for determining the compensation are not laid down specifically in the act, but the tribunal is to make an award determining the amount of compensation which appears to be just. the word just in the section connoted reasonableness, something .....
Tag this Judgment!Court : Guwahati
..... to any ta/da for joining the first appointment.(vii) on joining ssb he will be governed by crpf act/rules, manual and other orders as amended from time to time.(viii) his seniority in the battalion will be counted from the date of appointment as ..... should be from the date of expiry of three months from the date of order of the apex court dated 21-2-2003 i.e. the date on which the judicial proceedings ended. it is admitted position that the present contempt petition is filed on ..... certificate regarding his character and antecedents issued by sub-deputy collector, churachandpur vide no. dc (ccp)/ jdl/85-54(pt) dt. 22-12-2003, has been submitted by him in this office.4. he is allotted badge no. s/040160631 and posted to 'd' coy'.5. mr. ..... court also confirmed the said judgment of the learned division bench while disposing the slp no. 8704 of 2001 on 21-2-2003.in reply to the show cause, the respondents filed their affidavit-in-opposition raising the question of maintainability on the ground that .....
Tag this Judgment!Court : Guwahati
..... to any ta/da for joining the first appointment.(vii) on joining ssb he will be governed by crpf act/rules, manual and other orders as amended from time to time.(viii) his seniority in the battalion will be counted from the date of appointment as ..... should be from the date of expiry of three months from the date of order of the apex court dated 21.02.2003 i.e. the date on which the judicial proceedings ended.9. it is admitted position that the present contempt petition is filed ..... a certificate regarding his character and antecedents issued by sub-deputy collector, churachandpur vide no. dc(ccp)/jdl/85-54(pt) dt. 22/12/2003, has been submitted by him in this office.4. he is allotted badge no. s/040160631 and posted to 'd' coy.4. ..... court also confirmed the said judgment of the learned division bench while disposing the slp no. 8704 of 2001 on 21.02.2003.in reply to the show cause, the respondents filed their affidavit-in-opposition raising the question of maintainability on the ground that .....
Tag this Judgment!Court : Guwahati
..... unerring co-relation between the issues in the two proceedings.the apex court in surja dev rai (supra) while dwelling of the effect of amendment of section 115 of the code (after amendment by act 46 of 1999) declared that the same cannot and did not in any manner affect the jurisdiction of the high court under articles 226 ..... petition are liable to be rejected, he urged. the following decisions were relied upon.i) (1999) air scw 1878, ram tankijee deities, appellant v. state of bihar.ii) (2003) air scw 5700, shanti kumar panda, appellant v. shakuntala devi, respondent;iii) (2000) 3 css 442, midnapur zamindary co. ltd. appellant v. kumar naresh narayan ray and ..... execution of the lease deed got further delayed and the same remains pending as on date. the appellant/petitioner has alleged that towards the end of the year 2003 the tea industry in general, witnessed a slump plunging it into a deep financial crisis affecting all tea gardens in the state resultantly prompting the state authorities .....
Tag this Judgment!Court : Guwahati
..... follows that the magistrate's duty, in the event of non-attendance of prosecution witnesses in a warrant case instituted on a police report, remains the same even after the amendment.in the recent patna case state of bihar v. polo mistry reported in : air1964pat351 arising out of a revision petition against the order of acquittal by a magistrate under section ..... , as it stood before section 251a which makes special provision for trial of warrant cases instituted on police reports was introduced in the code of criminal procedure by way of amendment in 1956, and acquittal simply on the ground of absence of the witnesses was illegal unless it was a case where the prosecution had undertaken to produce the witnesses and .....
Tag this Judgment!Court : Guwahati
..... to impossible to have direct evidence to prove as to who the offenders are. disturbed by this situation, the law commission in its 113th report recommended amendment to the indian evidence act, 1872 so is to provide that in the prosecution of a police officer alleged offence of having caused bodily injuries to a person while in police ..... glt 384 (db), (2) shri kangujam ongbi devi v. state of manipur and ors. 1999 (2) glt 202, (3) terarongsen and ors. v. union and of india and ors. 2003 (1) glt 218 : (4) tarulata devi v. state of assam and ors. 2001 (2) glt 419 and (5) kaisiliangmani (th) v. union of india and ors. 2005 (1 ..... which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortuous acts of the public servants. public proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of indefeasible right guaranteed under article 21 .....
Tag this Judgment!Court : Guwahati
..... , read with provisions of arbitrator and conciliation act, 1996 endorsing copy to m/s raj international, kolkata.3. but unfortunately. raj international did not respond to the notices issued by the undersigned as a sole arbitrator on 15th november. 2003 and 26th december. 2003. of course, it appears that on receipt of the aforesaid notices, the raj ..... and the state legislatures with the result that the jurisdiction conferred by the aforesaid articles can only be curtailed or executed with respect to any matter by constitutional amendment and not by other ordinary legislation and/or in other way whatever may be the mode. now, if the aforesaid articles can be considered as a ..... part of the basic feature of the constitution that cannot also be amended even by the parliament. the reason behind this is that the framers of the constitution considered that the people/citizens of the nation be armed with certain .....
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