Array ( [0] => ..... total 406 members of the petitioner's syndicate. in the misc. case clearing no. 103/05 filed under order 39 rule 1 and 2 c.p.c. read with section 151 of the c.p.c, the learned single judge (jr. division), west tripura, agartala passed an order dated 07.12.05 in favour of the plaintiffs' syndicate ..... the office bearers or any member of the executive committee of the syndicate by the majority of the members in a general meeting for committing any fraud or having acted against the interest of the syndicate. however, the clause further provides for affording adequate and reasonable opportunity to the offending member before his removal. clause 30 of the ..... unfairness, the apex court proceeded with the same with the question, whether in the facts and circumstances of the case it could justifiably be said that the appellants had acted unfairly in withholding the payment of the respondents. it was in that context, it was held that invocation of power under article 226 would not be proper exercise ..... [1] => ..... and unjust. though the claimant-appellant already received, in terms of the impugned award, more, than what ought to have been determined as 'just' compensation in terms of section 168 of the mv act, i do not interfere with the compensation so awarded to the claimant-appellant, for, the insurer-respondent has not preferred any appeal in this regard.12. because of ..... compensation determined by the learned tribunal was incorrect, illegal and unjust.5. before i come to the merit of the present appeal, what needs to be noted is that section 168 of the mv act, 1988, mandates, the claims tribunals to determine the amount of compensation, which appears to the tribunal to be 'just'. in other words, what a claims tribunal is ..... i.a. ansari, j.1. this appeal, made under section 173 of the motor vehicles act, 1988 ('the mv act'), is directed against the award, dated 12.3.2004, passed, in mac case no. 257/2002, whereby the learned motor accident claims tribunal, kamrup, guwahati, has held the claimant- ..... [2] => ..... and foremost question whether the present writ petition against a cooperative society is maintainable or not. admittedly, the second respondent is a registrar under the act. section 38 of the act provides that 'the registration of a society shall render it a body corporate by the name under which it is registered, with perpetual succession ..... . perhaps, the management of the samity which is, as a matter of fact, a general body derives strength from section 64 of the act which provides:64. subject to the provisions in this act and the rules, the final authority of every society shall vest in the general body of members in general meeting, ..... investment, etc. on all these matters, society remains to be the final authority though under chapter v, the government may purchase shares (section 53) and provide aid to the societies (section 54)9. the cumulative facts noticed above would undoubtedly go to show that the samity is not financially, functionally and administratively dominated by or ..... [3] => ..... cited during argument by the learned counsels, none of which are on the issue of insanity before marriage to bring home the charge within the purview of section 12 of the act. in our considered view, this case is absolutely a case of no evidence as only oral and documentary evidence bear nothing to show that at the time ..... life due to her incurable insanity. by instituting the divorce proceeding the husband has prayed for a decree of nullity of their marriage under section 12(1)(b) of the hindu marriage act (for short 'act') on the ground that at the time of marriage the appellant was suffering from recurrent attacks of insanity, which is a breach of the ..... conditions contained in section 5(ii)(c) of the act.3. the appellant wife resisted the suit denying, inter alia, all the allegations pertaining to insanity and abnormal behaviour. it is contended that after the ..... [4] => ..... so much easier to prove a positive than a negative. the petitioner must therefore prove that the respondent has treated him with cruelty within the meaning of section 10(1)(b) of the act. but does the law require, as the high court has held, that the petitioner must prove his case beyond reasonable doubt? in other words, though ..... of cruelty as advanced by the respondent husband is her reluctance to cohabitation and desertion for a long period. it is true that cruelty under section 13(1)(ia) of the hindu marriage act, if not admitted, requires to be proved on the preponderance of probabilities as in civil cases and not beyond a reasonable doubt as in criminal ..... in view of the above, it is to be seen whether the appellant wife herein had treated the respondent husband with cruelty within the meaning of section 10(1)(b) of the hindu marriage act.11. in sobha rani v. madhukar reddi (supra), the appellant was a postgraduate in biological sciences. she was married to a doctor. their relation ..... [5] => ..... winding up stands on different footing. execution of a decree/order rests on existence of an executable decree/order ; whereas a winding up petition under section 433(f) of the companies act is based on inability to pay its debt. thus, it cannot be construed that such a right to file winding up petition which is a statutory ..... the code of civil procedure, 1908. the right to approach the company court for winding up of a company by filing appropriate application as provided under section 433(f) of the companies act, 1956, is an independent right and not subjected to any other remedy or mode of recovery available in the civil procedure code. the petitioner has adopted the ..... stage. the appellant in defending the winding up of the company will be entitled to raise its defence in accordance with the provisions contained in section 439a(i) and (ii) of the companies act. it is, thus, clear that whatever defence the appellant may want to raise, the same would be able to be fully canvassed before the ..... [6] => ..... took place. admittedly, paddy was not grown after vacation of the order of attachment and we also find that the paddy was grown prior to initiation of the proceedings under section 145 cr.p.c. prosecution witnesses have deposed that said paddy was grown by them. although, the defence claims to have grown the paddy, they have not adduced ..... breach of public peace. thus, the disputed land was attached vide order dated 15.7.1986. as stated above, the earlier proceeding misc. case no. 14/85 under section 145 cr.p.c. was disposed of declaring possession of the disputed land in favour of the informant first party. the proceedings in misc. case no. 102/86 were ..... the possession of a trespasser must be effective, undisturbed and to the knowledge of the owner or without any attempt at concealment. for instance a stray or a casual act or possession would not amount to settled possession. there is no special charm or magic in the word 'settled possession'. nor is it a ritualistic formula which can be ..... [7] => ..... secretary (edn/s) and the irregular orders a regular criminal case being fir no. 71 (4) 05 lpl rs. under section 420/409/468/475/120-b ipc and section 13(1)(d)/13(2) pc act, 1988 was registered at lamphel police station and active investigations are going on. a copy of report containing the materials collected by ..... for nothing. it is their irritability rather than the employee's trivial lapse which has often resulted in suspension. suspension notwithstanding, nonpayment of subsistence allowance is an inhuman act which has an unpropitious effect on the life of an employee. when the employee is placed under suspension, he is demolished and the salary is also paid to him ..... is being vested with a totally arbitrary and unfettered power of placing its officers under disability and distress for an indefinite duration. there is no presumption that the government always act in a manner which is just and fair. the relevant portion of para no. 15 of the scc in o.p. gupta v. union of india and ors. ..... [8] => ..... in law for striking down such rules. the principles developed in the field of administrative law, such as, non-application of mind, decision based on irrelevant grounds ; acting under dictation, etc., are not available to struck down any validly made rules in purported exercise of powers conferred under the proviso to article 309 of the constitution of ..... 226 of the constitution of india cannot compel any rule making authority to make rules in any particular manner. this court is undoubtedly conferred with jurisdiction to declare any act or rule, if challenged, void but only on the grounds stated (supra). but this court cannot make any further suggestion as to how the rule is required ..... assumed the role of rule-making authority, or, at any rate, assumed the role of an appellate authority. that is clearly not the function of the high court acting under article 226 of the constitution of india. (emphasis is of ours). 19. in the case on hand it was perfectly open to the court to consider ..... [9] => ..... the first defendant did not raise any plea of adverse possession and in that view of the matter the suit was not held to be barred under section 64 or 65 of the limitation act. it was further held that in terms of article 65, the starting point of limitation does not commence from the date when the right of ownership ..... which is writ large on the face of records and on the basis of such finding a decision is arrived at, interference is called for by the higher court and section 100, cpc, does not stand on the way of the high court to interfere in such events.17. with regard to the plea of adverse possession, the following decisions ..... which tantamount to loss of effective control over the land by the real owner after lapse of certain statutory period under the law of limitation, such possession should consist overt acts which are inconsistent with the title of the owner. in order to constitute adverse possession against the true owner, the higher degree of proof of the element of adverse ..... ) Explosives Act 1884 Section 4 Definitions - Court Guwahati - Year 2006 - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: guwahati Year: 2006 Page 10 of about 102 results (0.085 seconds)

Aug 31 2006 (HC)

Tripura Truck Owners' Syndicate Vs. State of Tripura and Ors.

Court : Guwahati

Decided on : Aug-31-2006

..... total 406 members of the petitioner's syndicate. in the misc. case clearing no. 103/05 filed under order 39 rule 1 and 2 c.p.c. read with section 151 of the c.p.c, the learned single judge (jr. division), west tripura, agartala passed an order dated 07.12.05 in favour of the plaintiffs' syndicate ..... the office bearers or any member of the executive committee of the syndicate by the majority of the members in a general meeting for committing any fraud or having acted against the interest of the syndicate. however, the clause further provides for affording adequate and reasonable opportunity to the offending member before his removal. clause 30 of the ..... unfairness, the apex court proceeded with the same with the question, whether in the facts and circumstances of the case it could justifiably be said that the appellants had acted unfairly in withholding the payment of the respondents. it was in that context, it was held that invocation of power under article 226 would not be proper exercise .....

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Jul 25 2006 (HC)

Mira Boro Vs. New India Assurance Co. Ltd. and ors.

Court : Guwahati

Decided on : Jul-25-2006

..... and unjust. though the claimant-appellant already received, in terms of the impugned award, more, than what ought to have been determined as 'just' compensation in terms of section 168 of the mv act, i do not interfere with the compensation so awarded to the claimant-appellant, for, the insurer-respondent has not preferred any appeal in this regard.12. because of ..... compensation determined by the learned tribunal was incorrect, illegal and unjust.5. before i come to the merit of the present appeal, what needs to be noted is that section 168 of the mv act, 1988, mandates, the claims tribunals to determine the amount of compensation, which appears to the tribunal to be 'just'. in other words, what a claims tribunal is ..... i.a. ansari, j.1. this appeal, made under section 173 of the motor vehicles act, 1988 ('the mv act'), is directed against the award, dated 12.3.2004, passed, in mac case no. 257/2002, whereby the learned motor accident claims tribunal, kamrup, guwahati, has held the claimant- .....

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Jul 26 2006 (HC)

Abdul Basit Vs. Registrar, Co-operative Societies, Government of Tripu ...

Court : Guwahati

Decided on : Jul-26-2006

..... and foremost question whether the present writ petition against a cooperative society is maintainable or not. admittedly, the second respondent is a registrar under the act. section 38 of the act provides that 'the registration of a society shall render it a body corporate by the name under which it is registered, with perpetual succession ..... . perhaps, the management of the samity which is, as a matter of fact, a general body derives strength from section 64 of the act which provides:64. subject to the provisions in this act and the rules, the final authority of every society shall vest in the general body of members in general meeting, ..... investment, etc. on all these matters, society remains to be the final authority though under chapter v, the government may purchase shares (section 53) and provide aid to the societies (section 54)9. the cumulative facts noticed above would undoubtedly go to show that the samity is not financially, functionally and administratively dominated by or .....

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Sep 19 2006 (HC)

Uma Das Vs. Nepal Das

Court : Guwahati

Decided on : Sep-19-2006

..... cited during argument by the learned counsels, none of which are on the issue of insanity before marriage to bring home the charge within the purview of section 12 of the act. in our considered view, this case is absolutely a case of no evidence as only oral and documentary evidence bear nothing to show that at the time ..... life due to her incurable insanity. by instituting the divorce proceeding the husband has prayed for a decree of nullity of their marriage under section 12(1)(b) of the hindu marriage act (for short 'act') on the ground that at the time of marriage the appellant was suffering from recurrent attacks of insanity, which is a breach of the ..... conditions contained in section 5(ii)(c) of the act.3. the appellant wife resisted the suit denying, inter alia, all the allegations pertaining to insanity and abnormal behaviour. it is contended that after the .....

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May 17 2006 (HC)

Rita Das Biswas Vs. Trilokesh Das Biswas

Court : Guwahati

Decided on : May-17-2006

..... so much easier to prove a positive than a negative. the petitioner must therefore prove that the respondent has treated him with cruelty within the meaning of section 10(1)(b) of the act. but does the law require, as the high court has held, that the petitioner must prove his case beyond reasonable doubt? in other words, though ..... of cruelty as advanced by the respondent husband is her reluctance to cohabitation and desertion for a long period. it is true that cruelty under section 13(1)(ia) of the hindu marriage act, if not admitted, requires to be proved on the preponderance of probabilities as in civil cases and not beyond a reasonable doubt as in criminal ..... in view of the above, it is to be seen whether the appellant wife herein had treated the respondent husband with cruelty within the meaning of section 10(1)(b) of the hindu marriage act.11. in sobha rani v. madhukar reddi (supra), the appellant was a postgraduate in biological sciences. she was married to a doctor. their relation .....

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Aug 23 2006 (HC)

Kitply Industries Ltd. Vs. California Pacific Trading Corporation

Court : Guwahati

Decided on : Aug-23-2006

..... winding up stands on different footing. execution of a decree/order rests on existence of an executable decree/order ; whereas a winding up petition under section 433(f) of the companies act is based on inability to pay its debt. thus, it cannot be construed that such a right to file winding up petition which is a statutory ..... the code of civil procedure, 1908. the right to approach the company court for winding up of a company by filing appropriate application as provided under section 433(f) of the companies act, 1956, is an independent right and not subjected to any other remedy or mode of recovery available in the civil procedure code. the petitioner has adopted the ..... stage. the appellant in defending the winding up of the company will be entitled to raise its defence in accordance with the provisions contained in section 439a(i) and (ii) of the companies act. it is, thus, clear that whatever defence the appellant may want to raise, the same would be able to be fully canvassed before the .....

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Sep 28 2006 (HC)

Dharmendra Pegu and ors. Vs. State of Assam

Court : Guwahati

Decided on : Sep-28-2006

..... took place. admittedly, paddy was not grown after vacation of the order of attachment and we also find that the paddy was grown prior to initiation of the proceedings under section 145 cr.p.c. prosecution witnesses have deposed that said paddy was grown by them. although, the defence claims to have grown the paddy, they have not adduced ..... breach of public peace. thus, the disputed land was attached vide order dated 15.7.1986. as stated above, the earlier proceeding misc. case no. 14/85 under section 145 cr.p.c. was disposed of declaring possession of the disputed land in favour of the informant first party. the proceedings in misc. case no. 102/86 were ..... the possession of a trespasser must be effective, undisturbed and to the knowledge of the owner or without any attempt at concealment. for instance a stray or a casual act or possession would not amount to settled possession. there is no special charm or magic in the word 'settled possession'. nor is it a ritualistic formula which can be .....

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Aug 25 2006 (HC)

A. Biren Singh and ors. Vs. State of Manipur and ors.

Court : Guwahati

Decided on : Aug-25-2006

..... secretary (edn/s) and the irregular orders a regular criminal case being fir no. 71 (4) 05 lpl rs. under section 420/409/468/475/120-b ipc and section 13(1)(d)/13(2) pc act, 1988 was registered at lamphel police station and active investigations are going on. a copy of report containing the materials collected by ..... for nothing. it is their irritability rather than the employee's trivial lapse which has often resulted in suspension. suspension notwithstanding, nonpayment of subsistence allowance is an inhuman act which has an unpropitious effect on the life of an employee. when the employee is placed under suspension, he is demolished and the salary is also paid to him ..... is being vested with a totally arbitrary and unfettered power of placing its officers under disability and distress for an indefinite duration. there is no presumption that the government always act in a manner which is just and fair. the relevant portion of para no. 15 of the scc in o.p. gupta v. union of india and ors. .....

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Jan 03 2006 (HC)

Mudek Boje Vs. Chidananda Moral and ors.

Court : Guwahati

Decided on : Jan-03-2006

..... in law for striking down such rules. the principles developed in the field of administrative law, such as, non-application of mind, decision based on irrelevant grounds ; acting under dictation, etc., are not available to struck down any validly made rules in purported exercise of powers conferred under the proviso to article 309 of the constitution of ..... 226 of the constitution of india cannot compel any rule making authority to make rules in any particular manner. this court is undoubtedly conferred with jurisdiction to declare any act or rule, if challenged, void but only on the grounds stated (supra). but this court cannot make any further suggestion as to how the rule is required ..... assumed the role of rule-making authority, or, at any rate, assumed the role of an appellate authority. that is clearly not the function of the high court acting under article 226 of the constitution of india. (emphasis is of ours). 19. in the case on hand it was perfectly open to the court to consider .....

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Nov 29 2006 (HC)

Samsul HussaIn and ors. Vs. Abdul Wahid and ors.

Court : Guwahati

Decided on : Nov-29-2006

..... the first defendant did not raise any plea of adverse possession and in that view of the matter the suit was not held to be barred under section 64 or 65 of the limitation act. it was further held that in terms of article 65, the starting point of limitation does not commence from the date when the right of ownership ..... which is writ large on the face of records and on the basis of such finding a decision is arrived at, interference is called for by the higher court and section 100, cpc, does not stand on the way of the high court to interfere in such events.17. with regard to the plea of adverse possession, the following decisions ..... which tantamount to loss of effective control over the land by the real owner after lapse of certain statutory period under the law of limitation, such possession should consist overt acts which are inconsistent with the title of the owner. in order to constitute adverse possession against the true owner, the higher degree of proof of the element of adverse .....

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