Court : Guwahati
..... the indian limitation act applies to all civil proceedings and some special criminal proceedings which can be taken in a court of law unless the application thereof has been excluded by any enactment -- the extent of such application is governed bv section 29 (2) of 'the act' the act does not apply to election proceedings as the representation of the people act, 1951, for short 'the r. p. ..... upon the whole, we hold that the application under section 5 was maintainable and the petitioners were entitled to extension of time as they had sufficient cause for not preferring the appeal within the prescribed period. ..... iffiled within 30 days of the said decision,' is peremptory or imperative and thereby excludes the applicability of sections 4 to 24 of 'the act' we would 5ust refer the observations of bhag-wati, j in mangu ram (air 1976 sc 105) (supra) to show that the question posed has been resolved by the supreme court (at pp. ..... it has been contended on the authority of the decision in hukumdev narain (air 1974 sc 480) (supra) and hari shanker (1976-1 scc 897) (supra) that rule 2 of 'the rules' is a complete code, it provides the right of appeal and prescribes the period of limitation for writ appeals and there is no scope for application of 'the act. ..... municipal corporation of delhi, air 1976 sc 105 (on page 108). ..... shiv harsh, (1976) 1 scc 897 were placed to buttress the last contention. 2. .....
Tag this Judgment!Court : Guwahati
..... shall sell the undertaking to the state electricity board;(d) if the state electricity board is not willing to purchase the undertaking, the state government shall have the option of purchasing the undertaking and if it elects to purchase, it shall by notice in writing require the licensee to sell, and thereupon the licensee shall sell the undertaking to it;(e) if the state electricity board is not willing to purchase the undertaking ..... the apex court while taking the matter for consideration formulated the issue as to the conflict between the central act and the tamil nadu private colleges (regulation) act, 1976 and the rules made thereunder and the statutes and ordinances made thereunder, though before the courts what was ..... in so far it relates to the management of the affairs of the company in relation to its undertaking and in force immediately before the appointed day, shall be deemed to have terminated on the appointed day;' (5) it shall be lawful for the state government or their authorised representative on or after the appointed day to remove the obstructions, if any, and to take possession of the entire company, or as the case may be, the fixed assets and of all documents ..... section 37 deals with the right and liabilities of the former owner thereof under any contract for such construction, extension or repair shall be deemed to have been transferred to the board except such rights/liabilities acquired for or incurred after the date of receipt of the notice of purchase .....
Tag this Judgment!Court : Guwahati
..... no facts of the disturbance were reflected in the books of accounts, profits and volume of business of the assessee during the relevant period, and that the assessee never earlier mentioned about it or prayed for extension of time on that ground and the assessee itself having not given the details of such disturbance, it cannot be said that the income-tax appellate tribunal was not right in upholding the levy of penalty ..... barua, the learned counsel for the assessee, submits, inter alia, that the tribunal was not right in upholding the levy of the penalty under section 271(1)(a) of the act inasmuch as the ito did not give any opportunity to the assessee to adduce evidence before holding that the ground shown was not proved and it did not constitute a reasonable ..... discussing the question ofburden of proof their lordships referred to the principles of law of evidenceas engrained in sections 101 to 114 of the indian evidence act; and it has beenobserved that the penalty proceeding under section 271 of the act is a quasi-criminal proceeding, but not a criminal prosecution as such, and, therefore,the doctrine of criminal jurisprudence that the guilt of the accused shallbe established beyond reasonable doubt by the prosecution, does not ..... cit : [1976]103itr634(mad) , the assesses filed his return after a notice under section 139(2) of the act nearly 18 months after the due date for the assessment year 1964-65, and about 91/2 months for the ..... : [1976]103itr613( ..... cit : [1976]103itr634(mad) , .....
Tag this Judgment!Court : Guwahati
..... case also i would, therefore, hold that the central registration of foreigners act, 1939 has been validly extended to and enforced in sikkim even though the corresponding sikkim law, being the siikkim registration of foreigners rules of 1960, has not been repealed at any time before such extension and enforcement and that on and as a result of such extension and enforcement, the sikkim registration of foreigners rules of 1960 have stood, overborne, overthrown and impliedly ..... decided on 15-9-1978) and i have held in that case that the extension and enforcement of the indian arms act, 1959 to and in sikkim under the provisions of article 371f(n) of the constitution without expressly repealing the corresponding sikkim law, being the sikkim arms rules, 1952, has been valid and effective and that on and as a result of such extension and enforcement, the corresponding sikkim law stood overborne, overthrown and impliedly repealed. ..... ram's case are to the effect that rules made under a statute 'are part and parcel of the statute itself' and 'must be treated as exactly as if they were in the act and are of the same effect as if contained in the act', and that being so, with the extension of an enactment, the rules made thereunder also - automatically stand extended as part and parcel of the enactment and as if they were contained in the enactment.18. ..... 1976, as there does not appear to be any corresponding law in sikkim on this subject relating to entry into sikkim without passport ..... 1976 ..... 1976 .....
Tag this Judgment!Court : Guwahati
..... as have taken place but on the market retail price of the goods declared on the package as per the provision of the standards of weights and measures act, 1976 or the rules framed thereunder or any other law for the time being in force which is chargeable only at the last point of sale by the retailer. ..... state can effectively intervene by regulation of market practices under, which those using the markets are required to behave and perform their function and under which only duty elected local body (authority) is created to ensure that those prescribed rules of behaviours are strictly observed.in fact, the sale of agricultural produce involves a number of functions ..... thereof on the basis of the records/documents produced by the parties and determine the validity of the levy at the check gate(s) and otherwise strictly in accordance with the relevant provisions of the act as interpreted by this adjudication on individual basis, transaction wise;3) examine as to whether the burden of the levy has been passed on to the ultimate consumer;4) decide by recording reason(s) as to ..... to fructify some legislative end, it ought to be permitted a full play subject to the restraint of unintended extension thereof annihilating the very objective of its creation.section 21 of the act authorizes the levy and collection of cess specified on the agriculture produce bought or sold in the market area ..... amount to an illegitimate extension of the purpose of the ..... of the impost, extension of service is not .....
Tag this Judgment!Court : Guwahati
..... to postpone temporarily its provisional affiliation with effect from 1-4-1994 till the recognition of dhms diploma awarded by this board beyond june, 1987 included in the second schedule of the cch act, 1973 & till the colleges fulfil the minimum standard required for the homoepathic medical colleges and associated teaching hospital imparting dhms diploma level education in homoco-pathy regulation 1983 of the central ..... on any question that may arise as to the intention, construction, or application of the rules regarding election, construction etc of the bord, rule 18, 19, 20 and 21 provide for filling up of vacancies. ..... petitioners is that the three homoeopathic colleges in assam were ceased to be recognised by the central council of homoeopathy since 1987, but the disploma qualifictions have been awarded by the state board without extension of the recognition from the central council of homoeopathy (cch) under schedule-11 of the homoeopathy central council act, 1973 as recognised medicalqualification. ..... the matter the actual position is that the provisional registration certificate issued by the then registrar has no sanction of law as those were issued in complete violation of the procedure with incidental consequences thereof. ..... it is relevant to mention that pragjyotishpur homoeopathic medical college which was established in 1976 and guwahati homoeopathic medical college which was established in 1975 were amalgamated into one college in 1989 and the same was named as swahid jadav .....
Tag this Judgment!Court : Guwahati
..... gmc act, 1971, and the 1976 bye-laws, suffice it to mention here that if need be, the court will, at the most, examine validity of the 1997 bye-laws presuming that section 144 and 416 of the gmc act as well as the 1976 bye-laws are valid, but the mere fact that validity of the relevant provisions of the gmc act, 1971, and the 1976 bye-laws ..... wrote to the chief engineer, pwd (national highways), guwahati that the gmc has been collecting toll from vehicles entering into the municipal area as per provisions of the law and the gmc, in their said letter, has clarified to the chief engineer, pwd (national highways), guwahati that the corporation may consider any proposal of the national ..... to ensure that in order to resolve such a conflict, the courts, while interpreting with an open, liberal and modern mindset, the provisions of the constitution of india and the laws framed thereunder, remain steadfast to the basic structures of the constitution and while interpreting the constitution, howsoever liberally, maintain not only the letter but also spirit of the basic and fundamental ..... the guwahati municipal corporation, which are being used for providing certain basic amenities and service to the public at large residing within the guwahati municipal corporation areas as envisaged under the act of 1971 and if such collection of tax/toll is prohibited by this court, then, in such an event, the same would have a direct and adverse impact on the ..... not amount to an extension of the legislative .....
Tag this Judgment!Court : Guwahati
..... held that the limitation act does not apply to the election proceedings in the high court as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles or the provision of law contained in the limitation act, it has been held that section 3 of the limitation act is inapplicable as section 36 of the representation of the people act gives a peremptory command to the high court to dismiss an election petition which does not ..... 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 the case and ..... in other words, the assessees have made applications under section 27(3) of ' the act ' beyond the prescribed period of 90 days and also have filed applications under section 5 of the limitation act, 1963, for extension of the prescribed period claiming that they had sufficient cause for not preferring the applications within ..... [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. .....
Tag this Judgment!Court : Guwahati
..... the supreme court pointed out that the question whether the doctrine of strict compliance with rules implies that every minute deviation from the rules, whether substantial or not would render the act of such a body void would depend upon the nature of the rule infringed namely, whether it is mandatory or directory depends upon the purpose for which it is made and the setting in which it ..... in subansiri district in arunachal pradesh, has been registered under section 3 of the societies registration act, 1860 (as modified by the societies registration (extension to arunachal pradesh) act, 1978).the society has been established for the promotion of social, cultural, economical, educational condition of the local people in the area.this certificate is valid from eighteenth june nineteen seventy nine.'4 ..... this is a case where division bench of this court considered assam aided college management rules, 1976 and the division bench considered rule 15 of that rule which is with regard to the convening of a meeting of the governing body and the division bench pointed out that it is statutory rule and any commission of act in violation of the rules in passing the order or interfering in the management of the affairs of the college must be held to be void, unlawful and ..... the answering opposite party defendants empathically state that there is no provision of approving the election of managing committee by any other authority in terms of the rules and bye-laws governing the mission/society. .....
Tag this Judgment!Court : Guwahati
..... it to point out, in this regard, that if the petitioner firm s performance was not found to be satisfactory and this became the ground for non-selection of the petitioner firm for awarding the contract and/or non-extension of its contract period, then, the railway authorities ought not to have allowed the petitioner firm to participate in the tender process inasmuch as a person cannot be accused of unsatisfactory performance and is, at the same time, not disqualified ..... where the government is dealing with the public whether by way of giving jobs or entering into contracts or granting other forms of largess, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with some standard or norm which is not arbitrary, irrational or irrelevant. ..... choudhury s contention that the note , which becomes the basis for issuance of the five notices, as indicated above, is not sustainable in law, because the general manager had only approved the downgrading of the eligibility criteria but not the division of the contract work into five parts, it is imperative to point out, at this stage, that the proposal, ..... hanifa, reported in (1976) 4 scc 780 (790), and in jaswant singh -vrs- custodian of evacuee property, reported in (1985) 3 scc 648] unless, therefore, any issue, which was directly and substantially raised, had been heard and decided in the .....
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