Court : Guwahati
Decided on : Jul-24-2003
..... law prescribes a period of limitation for any suit, appeal or application, different from the period prescribed by the schedule under the limitation act, the provisions of section 3 of the limitation act shall apply wherein it is provided that any suit, appeal and application filed after the prescribed period shall be dismissed subject to the provisions ..... the court given in the exercise of its original civil jurisdiction.(2) orders made by the court in any proceeding under this act, under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall he to the court to which appeals ..... and divorce.6. as regards the submission of delay in applying for the certified copy of the impugned judgment made on behalf of the respondent, section 12(2) of the limitation act in its clear language provides that the time requisite for obtaining a certified copy of the decree, sentence or order to be assailed, shall .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-17-2003
..... on the other hand, under entry-59 of list-ii of the viith schedule, the state of assam is competent to enact the gmc act, 1971, wherein under section 144 read with section 416, the power has been conferred by way of subordinate legislation upon the respondent no. 5 to enact the bye-laws. therefore, it ..... national highways by describing the points/places from which the highways originate and terminate including, broadly speaking, the places through which such highways pass.33. section 2 of the nh act, 1956, which relates to declaration of certain highways to be national highways, as originally enacted, is quoted hereinbelow :declaration of certain highways to be ..... transport and highways, government of india, the national highway 31 passing from guwahati to nagaon including guwahati bypass stands entrusted, in accordance with provisions of section 5 of the nh act, 1956, to the national highway authorities. there is also no dispute that vide notification no. so 465(e), dated 26.4.2002, issued .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-02-2003
..... namely, nemichand nahata and sons (huf) and pawan kumar agarwalla. the appellant had also shown, in accordance with the burden, which rested on him under section 106 of the evidence act, that the said amounts had been received by him by way of cheques from the creditors aforementioned. in fact, the fact that the assessee had received the ..... under law, in the absence of specific proof of that knowledge, it cannot be assumed that the assessee has the knowledge in question within the meaning of section 106 of the evidence act. . ... to require the firm or the individual partners to go further and adduce proof of the sources from which the deposits in question appearing in the ..... s) had taken place between his creditor and the sub-creditor. no such additional burden can be placed on an assessee, which is not envisaged by section 106 of the evidence act. the revenue/assessing officer, however, remains free to show that the amount, which has come to the hands of the assessee by way of loan from .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-08-2003
..... to the appellant.16. it will be convenient to refer to the relevant provisions in this context in the transfer of property act (act iv of 1882, in short, the act'). with reference to mortgage act describes, vide section 58, as many as six types of mortgages, viz., (1) simple mortgage, (2) mortgage by conditional sale.(3) ..... by the learned counsel appearing for the respondent/plaintiff, the hon'ble apex court after discussing several case laws on the topic while giving interpretation of section 60 of the act observed as below :-- '10. any provision incorporated in the mortgage deed to prevent or hamper the redemption would thus be void. a mortgage cannot ..... usufructuray mortgage. respondent/plaintiffs claimed the mortgages in question as usufructuary mortgages only. it will be worth remembering here that mortgage is defined in section 58 of the act as the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-28-2003
..... taxability of the services rendered by petitioner company. hence, it would be apposite to deal with the question first. 8. sale has been defined in sub-section (33) of section 2 of the act which reads as follows : '(33) 'sale' with all the grammatical variations and cognate expressions means any transfer of property in goods by any person for ..... binding between the parties and, therefore, the oil cannot, but deduct the tax charged by the petitioner-company in its invoices at source as per provisions of section 27 of the act. mr. sarma, learned senior counsel, relied upon the decisions in food corporation of india and ors. v. jagannath dutta and ors., air 1993 sc 1494, ..... of the petitioner-company that the services rendered by it in wire line logging and perforation activities cannot be construed as sale within, the meaning of section 2(33) of the act. dr. todi further submitted that there being no transfer of goods in the property and the possession of high-tech equipments used in the wire .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-30-2003
..... english law. (see raipur development authority and ors. v. chokhamal contractors and ors. reported in (1989) 2 scc 721).20. after repeal of the old act, under the act, section 34 provides for the grounds for setting aside an award which is quoted below : '34. application for setting aside arbitral award. - (1) recourse to a ..... for setting aside the award and accordingly confirmed the award of the sole arbitrator observing that most of the allegations made in the application under section 34 of the act were full of vagueness and mere statements without any supporting proof. this order has been impugned in this appeal.8. we have meticulously inspected ..... payment of the date of decree of the award whichever was earlier.6. feeling aggrieved by the said arbitral award, the appellant filed an application under section 34 of the act before the learned district judge papumpare, under whose jurisdiction the contract was performed and executed, alleging, inter alia, that the award was illegal, invalid .....
Tag this Judgment!Court : Guwahati
Decided on : Apr-03-2003
..... such discussion on calculation of days, taking into consideration the averments made in written statement of the petitioners to make it 240 days to attract the benefit of section 25-f of the act. the tribunal simply held : '..............so far as the fact of the case is concerned, i find that the workman worked as casual labour for more ..... days and as such a right has been accrued to him for regularisation of his service and the petitioners ought to have complied with the provision of section 25-f of the act in terminating his service.5. i have carefully gone through the impugned award. i fully agree with the view taken by the tribunal that the petitioner ..... not work continuously for a period of 270 days as claimed. it was further contended that the kendriya vidyalaya was not an industry within the meaning of section 2(j) of the act and thus the tribunal was not competent to adjudicate the reference. according to the petitioners, the respondent no. 1 was initially engaged on casual basis on .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-11-2003
..... e., w.p.(c) no. 133/03, also (mact case no. 44/03). this is definitely a perverse findings vis-a-vis provisions of section 142 of the act. section 140 of the act has never contemplated such hasty and unconscionable action.14. at the risk of repetition the payment of rs. 25,000 as compensation on no fault count ..... court in this regard do not give any exhaustive but only limited statutory right to the insurer either to file an appeal as contemplated by section 173 of the act without complying section 170 of the act or to file a writ petition under article 226/227 of the constitution, in alternative, against 'award' of the claims tribunal, the ..... as well as dependants (legal representatives) of the person who died should be given immediate financial relief and what is 'permanent disablement' has been defined in section 142 of the act which goes as follows:'142. permanent disablement. - for the purpose of this chapter, permanent disablement of a person shall be deemed to have resulted from an .....
Tag this Judgment!Court : Guwahati
Decided on : May-14-2003
..... purview of the definition of raw material is discriminatory and, as such, violative of the provisions of article 14. dr. saraf further argued that sub-section (4) of the act is also illegal and ultra vires as it suffers from the vice of excessive delegation inasmuch as one of the important functions of prescribing raw materials has ..... raw materials, i.e., 'coal' to be used in manufacturing of finished goods, namely, coke in its new industrial unit without payment of tax. section 3 of the act of 1986 specifically provided that any sales tax paid in respect of such raw material during the period from october 15, 1982 to the commencement of the ..... the details within the framework of the policy. in harishankar bagla case air 1954 sc 465 one of the questions for decision was whether section 3 of the essential supplies (temporary powers) act, 1946 amounts to delegation of legislative power outside the permissible limits. it was held that legislature had laid down a legislative principle which was .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-04-2003
..... in reply filed by the petitioner, he while generally reiterating the contentions raised in the writ petition averred that the remedy provided under section 51 of the act of 1913 read with section 4 of the act of 1976 was not an efficacious one and, therefore, could not be said to be an alternative remedy. it was further ..... affidavit has, inter alia, contended that the writ petition was not maintainable, inasmuch as, there is an alternative remedy of appeal under section 51 of the act of 1913 read with section 4 of the act of 1976. it was asserted that the loan was sanctioned to the petitioner for industrial activities and purposes in respect of his mill ..... the deputy commissioner/sub-divisional officer of any district within the lower assam division for their appointment by the deputy commissioner of the district under section 3(3) of the act of 1913 to perform duties of certificate officer thereunder. the learned counsel has maintained that this order in any case does not advance the case .....
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