Court : Guwahati
..... proceeding and hence the proceeding is without jurisdiction and liable to be quashed; (iii) that the registrar of the university was a party to the examination board as referred to in section 13(d) of the dibrugarh university act, hereinafter referred to as 'the act, and as such his inclusion in the inquiry committee is against the principle of natural justice, and it has vitiated the proceedings; (iv) that the university having not initiated any such proceeding against other students ..... 1984, the decision of the executive council of the university to draw up proceedings against the petitioner for withdrawal of his degree in law, and the issuance of the impugned notice pursuant thereto, prejudging the issue, are acts of malice in law and facts and as such illegal and liable to be set aside; (ii) that the executive council without first considering the recommendation of the post graduate board, has no jurisdiction to initiate any such ..... . within these recognised restrictions universities have autonomy to act when the university authorities err, the courts act within their autonomous sphere to correct errors of fact ..... . some disturbances having occurred in the university it decided to expel him and cancel his ..... , consideration of natural justice, abuse of power, mala fide, and other principles of administrative law take judges into areas that cannot be fenced off as academic and beyond proper jurisdiction of the court ..... . pawan kumar, (1976) 3 scc 334 ..... 341 : (air 1976 sc 1766 at .....
Tag this Judgment!Court : Guwahati
..... but as applied to acts of the executive directed to subjects within the territorial jurisdiction, it has no special meaning, and can give no immunity front the jurisdiction of the court to inquire into the legality of the act. ..... c, 248' (s), were considering the executive acts of the governor of nigeria who issued an order against an appellant to leave a specified area, and upon his failing to comply, ordered his deportation to another place in the colony...... ..... the ordinance was meant to authorise in the area contiguous with territories then occupied by the enemy the trial of certain offences by military courts. ..... operational area (special powers) ordinance no. ..... acts of the latter class were divided into two categories one of which covered acts of state properly so called, such as making a treaty, commandeering of property for war purposes or for quelling of civil disturbances. ..... martial law had been proclaimed in the area in question and war was also raging actually. ..... the ordinance was extended to the entire province of assam as the area contiguous to the area occupied by the enemy. ..... as a result of the removal of the barriers, the fish in the nursery and the nursery tanks escaped into the ailajan and namdang rivers and also into the adjoining areas under water. ..... and the nursery tanks, and as a result of the removal of the bans, the fish in the fish nursery and the nursery tanks escaped into the ailajan and namdang rivers and the adjoining submerged areas. .....
Tag this Judgment!Court : Guwahati
..... be utilised exclusively for the development of infrastructures or amenities to facilitate trade, commerce and intercourse and it shall include the following:(a) construction, development and maintenance of roads and bridges for linking the market and commercial areas to their hinterlands,(b) creation, development and maintenance of infrastructure for supply of electrical energy, water supply and sanitation and other infrastructure for furtherance of trade, commerce and intercourse,(c) any other purpose connected with the ..... there is also no good reason why the court should feel inclined to accept 63 the argument that the act of 2008 having permitted the use of the amount of entry tax collected from one local area for the development of another local area, the said act should be held to be invalid on the said ground. ..... state of tamil nadu reported in : [1975]2scr715 , particularly the observations contained in paragraph 17 of the judgment in the said case to contend that users of vehicles who stand in a special and direct relation to roads may be called upon to make a special contribution for the maintenance of such roads over and above the general contribution as tax-payers of the state. ..... saksena : (1976)iillj154sc , the apex 44 court has laid down a further test that a validating law has to satisfy, i.e. ..... state of madhya pradesh reported in : (1976)iillj154sc , sri dutta has submitted that the validating law has to be judged with reference to a further test, i.e. .....
Tag this Judgment!Court : Guwahati
..... north east region and the accused as well as pws did not find it convenient and safe to appear before the several designated courts and accordingly, the cbi requested the state to constitute a single special court in the state to try all cases under pc act and investigated by the cbi and accordingly, notification dated 12-3-2005 (annexure-a to the writ petition) was issued appointing the deputy commissioner ..... to a conclusion that the petitioners are subjected to being prosecuted, tried and judged by the same entity for the same allegations/offences claimed to be investigated by the delhi special police establishment in respect of cases referred to the court of special judge appointed vide notification dated 6.7.2005 and investigated by the vigilance commission police station in respect of cases referred to tdp appointed vide impugned notification dated 23.3.2007.21. ..... extends to the whole of india except the state of jammu & kashmir and it shall not apply to the state of nagaland and tribal areas but the concerned state government may, by notification, apply such provisions or any of them to the whole or part of the state of nagaland or such tribal areas as the case may be within such supplementary, incidental or consequential modification, as may be specified in the notification.14. ..... created by an earlier decision adopted by resolution dated 9.4.1976 and clause 9 of the said resolution provides as ..... any injury, the courts are there to restore the vinculum juris, which is disturbed. .....
Tag this Judgment!Court : Guwahati
..... bhattacharjee, the courts below failed to appreciate the change in law brought about by the amendment of the act in 1976 which introduced for the first time in the act the concept ..... 1 was wrongly rejected and the question of breach of the proviso has to be decided by this court in kaur sain : 1974crilj358 it was held that there was no presumption that defence witnesses always lie and prosecution ..... not impressed by the argument advanced that section 10 impinges on the jurisdictional competence of the court to take cognizance of the offence and in any way affects the legality of the prosecution ..... puranand 1985 cri lj 46 : (1984)2 gauhati lr 61, in construing a provision of the rules framed under the act, that the act being a measure enacted to protect public health its provisions are not to be construed pedantically in a manner as may make it impossible to ..... it was also contended that the commodity ('jeera') being a primary food as defined in section 2(xii)(a) of the act the prosecution had to prove in terms of proviso to clause (m) of section 2(i)(a) that fall in the quality or purity of the article below the prescribed standard was 'solely due to natural causes and beyond the ..... food inspector shall have power:(a) to take samples of any article of food from--(i) any person selling such article:(ii) and (iii) ** ** **(b) to send such sample for analysis to the public analyst for the local area within which such sample has been taken. ..... story is that on 28-6-77 the area food inspector (p.w. .....
Tag this Judgment!Court : Guwahati
..... forces (special powers) act, 1958 (hereinafter referred to as 'the act'), 'disturbed area' means art area which is for the time being declared by notification under section 3 to be a disturbed area. ..... , took this unique circumstance into account in moulding the relief, and issued a writ of habeas corpus for ordering the respondents to produce the detenu before the court on a particular date or to inform before that date by memo submitted to the registrar of the high court of their inability to do so and on the date posted for hearing the respondents might furnish detailed information as to the steps taken by them to comply ..... of course where a counterfeited release has taken place, and a pretended ignorance of the place of custody or of the identity of the custodian is insisted on, a court may, and ought to, examine into the facts by the writ of habeas corpus, because the detention is, in fact, being continued by someone who is really the agent of the original ..... counterfeited release has taken place, and a pretended ignorance of the place of custody or of the identity of the custodian is insisted on, a court may, and ought to, examine into the facts, because the detention is in fact being continued by someone who is really the agent of the ..... secretary to the ministry of home affairs 1978 cri lj 86 (ker) (rajan's case) it has been observed that the high court has the power under article 226 for issue of a writ in the nature of habeas corpus, to undertake an enquiry into disputed fact .....
Tag this Judgment!Court : Guwahati
..... on the aspect of the legality of classification for the purpose of exemption between the income of a member of a scheduled tribe accruing or arising from an area, state or union territory specified in section 10(26) of the act, and an income from a source outside such area, the apex court by noticing section 5 of the act, held that chargeability of income was dependent on the locality of the accrual or receipt thereof. ..... , it ruled that the scheduled castes or scheduled tribes of a state are entitled to the privilege and rights under the constitution in that state, but when a member thereof migrates, he does not and cannot carry any special right or privilege attributed or granted to him in the original state. ..... takin roy rymbai : [1976]103itr82(sc) , negated the contention raised on their behalf that the purpose of section 10(26) of the act being to benefit a tribe, a person belonging thereto is entitled to the exemption whether he was physically residing in the specified locality or not.34. ..... takin roy rymbai : [1976]103itr82(sc) and of the delhi high court in j. ..... takin roy rymbai : [1976]103itr82(sc) the respondent who belonged to the jaintia scheduled tribe and was a permanent resident of the united khasi-jaintia hills autonomous district under the sixth schedule to the constitution within the state of meghalaya was denied the benefit of section 10(26) of the act as at the relevant time his place of posting was not within the area described in paragraph 20 of the 6th schedule. .....
Tag this Judgment!Court : Guwahati
..... so far as they can be ascertained;(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;(e) the facts constituting the cause of action and when it arose;(f) the facts showing that the court has jurisdiction;(g) the relief which the plaintiff claims;(h) where the plaintiff has allowed a setoff or relinquished a portion of his claim, the amount so allowed or relinquished; and(i) a statement of the value of the subject-matter of the ..... obtaining substantive relief in the form of decree.in a petition/application for obtaining a decree of divorce, judicial separation, restitution of conjugal rights, divorce on mutual consent, the petitioner has to file the petition showing:a) the name of the court in which it is brought.b) name, description and residence of the petitioner.c) name, description and residence of the opposite party.d) whether the petitioner or opposite party is a minor or of unsound mind, a statement of that fact.e) the facts constituting ..... the hindu marriage act provides for preparation of decree for special purposes which is not a decree within the meaning of section 2 (2) of the code of civil procedure; section 21 of the 'act', provides that procedure of cpc is applicable in regulating all the proceeding in the 'act' subject to other provisions of the 'act' and to such rules as the high court may make in this behalf ..... director of enforcement air 1976 sc 1185, 1187/criminal procedure code (1974), section 482(2)(a). .....
Tag this Judgment!Court : Guwahati
..... to examine the matter in the context of the meghalaya (protection of catchment areas) act, and whether any action can be taken under the provisions of the said act.further, it would in any case be appropriate that the ecological balance in the lawsohtun area is not disturbed through any kind of construction or human activity, in view of the fact that this area is not only a catchment area providing water sources for a number of localities in shillong, but it is ..... of the chief secretary.4) principal secretary, revenue department.5) all members of the advisory committee on shillong land.6) deputy commissioner, shillong.7) the director of land records & surveys, meghalaya, shillong/officer on special duty, revenue department.8) the director of printing and stationary, meghalaya, shillong for printing of the above notification in the next issue of the meghalaya gazette and to supply 100 copies to this department.by order ..... was conducted on 5.10.05 and a report of the same has been placed before this court which reveals that the lawsohtun and the army cantonment area are contiguous to each other and the approach road to lawsohtun area has been fenced by the army on the right side of the road by barbed ..... constitution to regulate behaviour and to bring about excellence, on the principle that as the duties are obligatory on citizens, the state should also observe them, the supreme court has, with reference to article 51(a)(g) issued orders stopping quarrying operations at certain places in u.p. .....
Tag this Judgment!Court : Guwahati
..... , curfews, police firing were 'the order of the day', so much so, that the entire state of assam was declared a 'disturbed area' and the assam disturbed areas act as well as the armed forces (special powers) act had to be brought into operation. ..... where freedom is in peril and justice is threatened all citizens shall receive the fullest protection from the court within the four corners of articles 21 and 22 of the constitution and the safeguards provided in the ordinance benignantly stretched and liberally interpreted, ..... the subjective satisfaction of the detaining authority in this constituency is prohibited area which the court cannot be asked to consider either the propriety or the sufficiency of the grounds on which ..... we have stated in a number of cases, following observations of the supreme court, that the question whether the grounds furnished are vague or not must be determined on consideration of ..... at the relevant time were duly considered by the supreme court in various cases while considering the preventive detention cases. ..... speaking for the supreme court explained in the clear language that the exercise of the power of detention is dependant on the subjective satisfaction of the detaining authorities with a view to preventing a person from acting in a prejudicial manner as set forth in ..... (as his lordship then was) speaking for the court turned down the contention and held that the mere circumstances that a detention order was passed during the pendency of a prosecution would .....
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