Court : Guwahati
..... . the central foreigners act, 1946 has been extended to sikkim on 16-5-1975 by a notification under the provisions of article 371f(n) of the constitution of india and has been enforced on 1-2-1976 and the question arose as to whether as a result of such extension and enforcement of the central act, all corresponding sikkim laws, including this notification, stood impliedly repealed ..... . the foreigners order, 1948, made under the provisions of the foreigners act, 1946, makes some provisions relating to foreigners taking up certain types of employment in india and, therefore, it may be urged that this notification is a corresponding sikkim law vis-a-vis foreigners act, 1946, and the foreigners order, 1948 and as such the former has stood impliedly repealed with the extension and enforcement of the latter and, therefore, the entire prosecution was incompetent ..... . an accused also, like any other person, has a fundamental right to personal liberty and must be allowed to have the same enforced by challenging his conviction in the higher courts under the law of procedure and when such law purports to deprive him of his right to challenge his conviction in the higher courts where such conviction is based on his plea of guilty, the higher courts have both the right and the duty to be satisfied and ..... election tribunal : [1955]2scr1 and if i am reminded of the observations of lord halsbury in quinn v. .....
Tag this Judgment!Court : Guwahati
..... such a situation and keeping in mind that such grievances are over and above those which concern the members of the petitioner association, we are of the view that the extension of the frontiers of this writ petition under the garb of public interest litigation should not be permitted and the writ petition should not be considered by us as a ..... and four out of the five judges participating in the decision expressed the view (the other judge leaving the question open) that both the substantive and the procedural aspects of the impugned restrictive law should be examined from the point of view of reasonableness; that is to say, the court should consider not only factors such as the duration and the extent of the restrictions, but ..... a special interest in preserving the integrity and independence of the judicial system and if the integrity or independence of the judiciary is threatened by any act of the state or any public authority, they would naturally be concerned about it, because they are equal partners with the judges in the administration of ..... of responsibility and self-restraint and the sobering reflection that the constitution is meant not only for people of their way of thinking but for all, and that the majority of the elected representatives of the people have in authorizing the imposition of the restrictions, considered them to be reasonable.'. ..... must be noticed, was adapted under the government of india act, 1935 and, thereafter, under the adaptation of laws order, 1950. ..... 1976] .....
Tag this Judgment!Court : Guwahati
..... 2, namely, director of health services, assam, this respondent, while reacting to the petitioner company's above accusations, asserted that all the tenderers, including their representatives, were informed, vide notice, dated 28.05.2007, about the extension of the last date and time of receipt of the tenders up to 29.05.2007 due to a bandh call on 28.05.2007 and, in consequence of this notice, the petitioner company's representative, indranil gupta, was accordingly present on the following day, i.e ..... if, but only if,(a) that other controls the composition of its board of directors; or(b) that other -(i) where the first-mentioned company is an existing company in respect of which the holders of preference shares issued before the commencement of this act have the same voting rights in all respects as the holders of equity shares, exercises or controls more than half of the total voting power of such company;(ii) where the first-mentioned company is any other ..... . though each company, in a group of companies, even if bound to-, gether as subsidiary and a holding company, is, in law, generally, treated as a separate entity, yet when a subsidiary is a wholly owned subsidiary of the holding company, can the law ever treat the activities, acts or omissions of the subsidiary as the activities, acts or omissions of the holding company ..... . london borough of tower hemlets reported in (1976) 3 all er 462, quoted, with approval, the following passages:55...third, lifting the corporate .....
Tag this Judgment!Court : Guwahati
..... 14 deals with no petition for divorce to be presented within one year of marriage, section 19 deals with court to which petition shall be presented, section 20 deals with contents and verification of petitions, section 21 deals with application of act 5 of 1908, section 23 deals with decree in proceeding, section 24 deals with maintenance pendente lite and expenses of proceedings, section 25 deals with permanent alimony and maintenance, section 26 deals with custody of children. ..... ) is to be accepted, then it is also to be accepted that a divorce petition is declaratory in nature and therefore not enforceable under law, such proposition and view of learned family court may be ridiculous as it may indicate that a decree of divorce passed by a competent court for law as non-enforceable which a court of law cannot permit, being contrary to the provision of section 28-a of the 'act'.in view of the foregoing analysis the impugned order dated 24-1-2007, passed by the learned family court, agartala ..... for example, a formal paper filed with the nlrb seeking a secret ballot election among a certain group of employees (bargaining unit).a formal written application to a court requesting judicial action on a ..... 273.application for extension of time in which to file petition for certiorari to review judgment of court of appeals does not require notice to adverse counsel, not 'application' within court rule ..... director of enforcement air 1976 sc 1185, 1187/criminal procedure code (1974), section .....
Tag this Judgment!Court : Guwahati
..... discussion it is amply clear that in the absence of any scheme or rules regulating the benefit of medical reimbursement of retired employees of the aseb, it would not be fair for this court to order extension of similar facility like that of the state government servants or serving employees of the aseb and to enforce a purported right on the premise that another person had obtained reimbursement for a similar kind of treatment ..... it is not feasible on the part of the respondent aseb to extend medical facilities to the retired employees at par with the serving employees of aseb or in terms of assam medical attendance rules, 1976 and submitted that this court in the absence of such rules, guidelines,may not issue any direction for payment of medical re-imbursement facilities to the retired employees of the respondent aseb. 11. ..... , where it was held that:"it, however, goes without saying that while exercising such a power, the authority must act judiciously keeping in mind the purport and object thereof. ..... it is based on number of circumstances on facts, law including constraints based on its resources. ..... 31it is, therefore, settled law that in public law claim for compensation is a remedy available under article 32 or 226 for the enforcement and ..... its beneficial or equitable disposition for the purpose of varying, modifying or annulling it, based on however sound and good reasoning, except where it is arbitrary or violative of any constitutional, statutory or any other provision of law. .....
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