Judgment Search Results Home > Cases Phrase: disturbed areas special courts act 1976 Court: guwahati Page 4 of about 298 results (0.124 seconds)

Bhura Brothers and anr. Vs. Dinendra Narayan Ray and ors.

Court : Guwahati

..... sri das has contended that ratio of dhanpal may not apply to cases under the assam urban areas rent control act, as this act was not one of those which had been considered by the supreme court in the above case. ..... relying however the position that a suit cannot fail merely because of insufficient court-fee, which would seem to follow from section 12 of the court-fees act, 1870, also, sri das urged that the suit having combined the two properties, is hit by multifariousness of causes of action and was therefore not ..... /73 the issue relating to bona fide requirement alone was gone into, may be because it were the plaintiff who had then approached this court against whom it had been decided that the premise were not needed bona fide. ..... -wise the matter has come up for the eighth time before a judicial forum which includes a special leave petition to the supreme court and so it is high time that the forensic fight sees its finality. 2. ..... would however think that what has been stated in dhanpal has to be applied to all itatutes which have created an embargo on the eviction of tenants despite issue of notice of termination contemplated by section 111(h) of transfer of property act, in which cases determination of tenancy becomes a mere surplusage as a landlord cannot evict a tenant even after such a notice. ..... scrutiny of the evidence is such and the conclusion founded thereon is of such a nature which could not have been disturbed by a second appellate court not to speak of a revisional court. .....

Oriental Insurance Co. Ltd. Vs. Mustt. Rejina Begum and ors.

Court : Guwahati

..... act, 1976, had placed a bar on the high court's jurisdiction to entertain certain petitions if any other remedy for redress was provided by or under any other law, the constitution (44th amendment) ..... on the face of the record, but they are merely errors in appreciation of documentary evidence or affidavits, errors in drawing inferences or omission to draw inference or in other words errors which a court sitting as a court of appeal only, could have examined and, if necessary, corrected and the appellate authority under the statute in question has unlimited jurisdiction to examine and appreciate the evidence in the exercise of its ..... is there but the exercise is discretionary which will be governed solely by the dictates of judicial conscience enriched by judicial experience and practical wisdom of the judge.this court has recognized the right of the high court to interfere with orders of subordinate courts and tribunals where (1) there is an error manifest and apparent on the face of the proceedings such as when it is based on clear misreading or utter ..... for the court said:'it is well settled that when an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue that remedy and not invoke the special jurisdiction of the high court to ..... . moreover, even in these special branches of law, some areas do involve the consideration of constitutional questions on a regular basis; for instance, in service law matters, a large majority .....

A. Gupta Trust Estate Vs. Commissioner of Wealth-tax

Court : Guwahati

..... served with notice of an order under section 24, or section 26, by application in the prescribed form accompanied, where the application is made by the assessee, by a fee of two hundred rupees require the appellate tribunal to refer to the high court any question of law arising out of such order and, subject to other provisions contained in this section, the appellate tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement ..... of law arises; or (b) rejects it on the ground that it is time-barred ; the applicant may, within 90 days from the date on which he is served with a notice of refusal or rejection, as the case may be, apply to the high court, and the high court may, if it is not satisfied with the correctness of the decision of the appellate tribunal, require the appellate tribunal to state the case to the high ..... had to be brought expressly in the statute book to enable the high court to extend the period of limitation in view of the provisions contained in section 29(2) of the old limitation act which provided that sections 4, 9 to 18 and 22 would apply only in so far as and to the extent to which they were not expressly excluded by special or local law and the remaining provisions of the ' old limitation act ' would not apply. ..... [1976] 1 scc 897; [1976] uj (sc) 242, where their lordships have stated that the provisions of the limitation act are not applicable to section 86 of the representation of the people act, ..... 19 of 1976-77. .....

Baljit Singh Vs. State of Assam

Court : Guwahati

..... section 36a prescribes that notwithstanding anything contained in the code an offence under the act shall be triable only by the special court constituted for the area in which the offence has been committed. ..... mahajan has additionally contended that the purpose of referring section 439 of the code in section 36a(3) of the act was to underline the fact that even if the special court constituted under the act had been conferred with the exclusive jurisdiction to deal with a person accused of or suspected of commission of an offence under the act as well as to hold trial of such offences, the special power of the high court under section 439 of the code in a post-arrest situation remains intact. ..... sub-section (4) of section 12aa which is in pari materia with section 36a(3) of the narcotic drugs and psychotropic substances act, 1985, saved the special power of the high court regarding bail under section 439 of the code, in that background it was held that the special court or the high court in exercise of powers under section 438 of the code could release a person accused of or suspected of commission of an offence under the said act in the event of his arrest.17. ..... state of madhya pradesh, (1976) 4 scc 572 and muraleedharan v. .....

Hill Development Co. Vs. State of Tripura and ors.

Court : Guwahati

..... the order of assessment dated 30.1.1991 passed by the superintendent of taxes, charge-iv, government of tripura, agartala for the year 1988-89 in exercise of the powers under section 9(4) of the tripura sales tax act, 1976 in respect of the firm of the petitioner. ..... where a liability not existing at common law is created by a stature which at the same time gives a special and particular remedy for enforcing it * * * * * * the remedy providedby the stature must be followed, and it is not competent to theparty to pursue the course applicable to cases of the second class.the form given ..... the supreme court in para 11 of the aforesaid judgment has laid down the law as follows :-'it is not well recognised that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute ..... government of tripura, agartala and other, respondents) wherein in paragraph 11 a division bench of this court on this particular act itself laid down the law as follows :-'11. ..... state of tripura & others) wherein a division bench of this court observed that in making a best judgment where the authority wants to dispute the sale price as quoted by the dealer, the authority is duty bound to tell the dealer that the ..... deputy commissioner of taxes and others) wherein this court pointed out that while the officers have a duty to exercise powers conferred by law and safeguard the public interest that must also respect the restrictions imposed by the .....

Commissioner of Income-tax Vs. Assam Cold Storage Co.

Court : Guwahati

..... the ordinance was subsequently replaced by the corresponding act of 1976 (for short 'the disclosure act'), which also came into force on october ..... the assessee filed a special leave petition before the supreme court which was, however, ..... disclosed by the assessee under the voluntary disclosure scheme, 1975, and whether the said decision of the tribunal is against the provisions of section 9 of the voluntary disclosure of income and wealth act, 1976 ?' 2. ..... similar state of affairs arose for consideration before the high court of andhra pradesh in radio instruments associates (p) ltd. ..... if this finding is based on some evidence, the court of reference may not reappreciate the evidence to come to a ..... of the judgment of the appellate authority referred to the certificate issued by the commissioner of income-tax under section 8(2) of the act and drew the inferencethat, since the assessee had disclosed an income of rs. ..... of the judgment under the signature of the registrar and the seal of the high court be transmitted to the appellate tribunal, gauhati. ..... it was contended before the high court that the amount disclosed represented the difference between the sale proceeds of the goods sold at the delhi branch less the corresponding value of ..... the andhra pradesh high court held (at page 721) : 'we are not satisfied that the connecting link is established by the assessee between the sums periodically credited in the suspense account and the alleged ..... the court also will not examine the sufficiency .....

Banowarilal Tibrewalla Vs. State of Assam and anr

Court : Guwahati

Reported in : 1985CriLJ1148

..... however, proceedings in that case were pending before a special judge who was empowered to hold the trial under a special enactment, namely, special courts act, 1979. ..... in ram kishan's case (1983 cri lj 159) (sc) (supra) delhi municipality, through its food inspector, had launched prosecution under the act against m/s upper ganges sugar mills of which ram kishan was manager and respondents 2 to 5 were directors of the said company. ..... noting, therefore, the distinction between the two situations and noting the manner and methods of the working of a body corporate and its organizational modalities, the provisions for nomination was made in 1976 to ensure that such member of the body' corporate who was directly responsible for any of the acts of such a body and had violated the provisions of section 7, could not get scot free. ..... before their lordships the same objection, as raised before me, was agitated in that the magistrate's order (summoning the respondents for trial under the act) was an "interlocutory order" against which the high court could not entertain a revisional application under section 397(2), cr. p. c. ..... it is a cyclostyled form addressed to district/area food inspector, tezpur, which is filled in ink; its relevant entries may be summarised as follows:(i) the name, address and designation of the declarant. ..... on 7-9-1978 the complainant, area food inspector, tezpur, found one hanuman singh "a salesman and carrier" of m/s b. g. .....

Controller of Estate Duty Vs. Bijoy Kumar Khandelwal

Court : Guwahati

..... the reasonings behind the order of the tribunal appear to be that, in the instant case, the urban areas rent control act is applicable, and under that act maximum lent is fixed and the grounds of eviction of the tenants are also laid down tinder that act, and by the impact of the urban areas rent control act ready purchasers of the house property may not be available and thus it would not be just and fair to ..... : [1972]3scr208 , which case also arose under the land acquisition act, the supreme court has observed as follows : 'this court had in special land acquisition officer v. t. ..... these methods, however, do not preclude the court from taking any other special circumstances into consideration, the requirement being always to arrive as near as possible at an estimate of ..... adinarayan setty : air1959sc429 , it has been observed by the supreme court as follows : 'it is not disputed that the function of the court in awarding compensation under the act is to ascertain the market value of the land at the date of the notification under section 4(1) and the methods of valuation may be,-- (1) opinion of experts, (2) the price paid within a reasonable time in bona fide transactions of ..... on the basis of the above observations of the supreme court we find that the market value under section 36 of the estate duty act may also be ascertained as under section 23 of the land acquisition act by adopting any of those three methods or by taking two or all of these ..... the plinth area of the building is .....

Banowarilal Tibrewalla Vs. State of Assam and anr.

Court : Guwahati

Reported in : 1985CriLJ1148

..... however, proceedings in that case were pending before a special judge who was empowered to hold the trial under a special enactment, namely, special courts act, 1979. ..... in ram kishan's case (1983 cri lj 159) (sc) (supra) delhi municipality, through its food inspector, had launched prosecution under the act against m/s upper ganges sugar mills of which ram kishan was manager and respondents 2 to 5 were directors of the said company. ..... noting, therefore, the distinction between the two situations and noting the manner and methods of the working of a body corporate and its organizational modalities, the provisions for nomination was made in 1976 to ensure that such member of the body' corporate who was directly responsible for any of the acts of such a body and had violated the provisions of section 7, could not get scot free. ..... before their lordships the same objection, as raised before me, was agitated in that the magistrate's order (summoning the respondents for trial under the act) was an 'interlocutory order' against which the high court could not entertain a revisional application under section 397(2), cr. p. c. ..... it is a cyclostyled form addressed to district/area food inspector, tezpur, which is filled in ink; its relevant entries may be summarised as follows:(i) the name, address and designation of the declarant. ..... on 7-9-1978 the complainant, area food inspector, tezpur, found one hanuman singh 'a salesman and carrier' of m/s b. g. .....

Kamakhya Prasad Agarwalla Vs. Pradeep Kumar Yadav

Court : Guwahati

..... , the defendant moved the hon'ble supreme court by a special leave petition, the hon'ble supreme court set aside not only the judgment and order of this court passed in civil revision but also the judgment passed by the learned trial court and the first appellate court, and remitted the matter back to the addl ..... mayurdhaj agarwalla have no right, title or interest over the suit property and prayed for rejection of the application for substitution the learned first appellate court came to the conclusion that in view of what was stated by the legal representatives of late mayurdhaj agarwalla before the supreme court, the question of bona fide requirement of the suit premises ceased to exist and there being a change of circumstances occasioned by the family arrangement ..... the learned counsel for the revision petitioner vehemently argued that the leaned first appellate court failed to consider the matter in its proper perspective and passed the impugned order directing restoration of possession to the defendant-tenant on consideration of ..... of the gamut of the entire situation, i find no reason to exercise the powers of this court under article 227 of the constitution to disturb the findings of the learned first appellate court.9. ..... requirement having been non-existent, the plaintiff in his present capacity as owner by family partition cannot be allowed to proceed with the suit for eviction of defendant-tenant under the provisions of the meghalaya urban areas rent (control) act, 1972. .....