Court : Guwahati
Decided on : Dec-08-2006
..... circumstances. in this case,the charge is failure to anticipate the accident and prevention thereof. it has nothing to do with the culpability of the offence under sections 304-a and 338 ipc. under these circumstances, the high court was not right in staying the proceedings.30. the judgments relied on by the learned counsel ..... delinquent officer to punish him for his misconduct defined under the relevant statutory rules or law. that the strict standard of proof or applicability of the evidence act stands excluded is a settled legal positionunder these circumstances, what is required to be seen is whether the departmental enquiry would seriously prejudice the delinquent in ..... he further contends that the writ court has the power to inquire to the impugned conclusion of the enquiry authority as well as disciplinary authority, whether they acted on the basis of some evidence or materials or no evidence or no materials at all, to come to such conclusion that delinquent appellant is guilty for .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-21-2006
..... . 2,51,58,639.30 with penalty of rs. 20,00,000/- (third case) respectively. the orders have been passed in terms of the provisions of section 11a of the central excise act, 1944 read with rule 9(2) of the central excise rules, 1944. the penalty has been imposed in terms of the provisions of rule 173(q) of ..... (1), read with 173f, 173b, 173c, 173g(1) and (4) read with rule 53 and rule 226 of central excise rules, 1944 attracting the proviso of sub-section (1) of section 11a as regards recovery of duties short levied and short paid. according to the show cause notices, the petitioner in each of the cases evaded central' excise duty to ..... arya reported in : 2002crilj2942 .12. mr. sunil gupta, learned counsel appearing for the petitioner, contended that the remedy before the tribunal under the u.p. public service tribunal act is wholly illusory inasmuch as the tribunal has no power to grant an interim order. therefore, he contends that the high court ought not to have relegated the petitioner to .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-09-2006
..... authority of n.f. railway in the name of president of india for the earthwork filling to form embankment, construction of minor bridges and other ancillary works in section xiii from field chainage 52000m to 61850m in amjonga-rangjuli-dhupdhara of g-j project. the petitioner submitted his bid and in pursuant to which the said work ..... of principles of natural justice in passing an administrative or quasi-judicial order or where such order or proceedings are wholly without jurisdiction or the vires of an act is challenged. but in the instant case the petitioner is claiming right under a non-statutory contract and challenging the orders passed by the authority in a ..... gujarat and ors. v. meghji pethraj shah charitable trust and ors. (supra) the apex court has held that the termination of contract being not a quasi-judicial act by any stretch of imagination, it is not necessary to observe the principle of natural justice and the said action being not an administrative or executive action will .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-14-2006
..... hold that there are no reasonable grounds for believing that he has not been guilty of such an offence. at that stage unless the magistrate is able to act under the proviso to section 437(1), cr. p.c. bail appear to be out of the question. the only limited inquiry may then relate to the materials for the suspicion. the ..... , a five judges bench of the apex court held:53.(2)(b) the 'indefeasible right' of the accused to be released on bail in accordance with section 20(4)(bb) of the tada act read with section 167(2) of the code of criminal procedure in default of completion of the investigation and filing of the challan within the time allowed, as held ..... on the merits.22. in other non-bailable cases the court will exercise its judicial discretion in favour of granting bail subject to sub-section (3) of see, 437, cr. p.c. if it deems necessary to act under it. unless exceptional circumstances are brought to the notice of the court which may defeat proper investigation and a fair trial, the .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-16-2006
..... as projected herein is that though tenancy of the respondents under the petitioners was admitted, the deputy commissioner granted acquisition of ownership to the respondents under section 23 of the act without following the procedural law so prescribed under rules 10,11 and 12 of the assam (temporarily settled areas) tenancy rules, 1972 (for short, ..... ever committed by both the authorities below including the board in arriving at the decision that the respondents were entitled to ownership as provided under section 23 of the act.4. having given my anxious consideration to the rival contentions so advanced on behalf of the parties and also upon impugned perusal of the ..... whether the land was under personal cultivation of the respondents so as to have benefit of the definition of 'personal cultivation' as provided under section 3(10) of the act to the government employee.5. given facts and circumstances in its entirety, it appears that procedural law prescribed under the statute has not been .....
Tag this Judgment!Court : Guwahati
Decided on : Dec-11-2006
..... the first adopted child and of the admissibility of maintenance allowance to an adopted child. in this connection, it is instructive to note that section 3(20) of the general clauses act, 1897 defines a 'father', in the case of any one whose personal law permits adoption, to include an adoptive father. if that is ..... parents, who are in dire straits. these provisions are clearly intended to achieve a special and social purpose. the dominant purpose behind the benevolent provisions engrafted in section 125 clearly is that the wife, child and parents should not be left in a state of distress, destitution and starvation. having regard to this special ..... adopted child.2. the facts relevant for disposal of this revision petition may be briefly noticed at the very outset. the respondent herein filed an application under section 125, cr.p.c. before the court of subordinate district council court, shillong against the appellant claiming maintenance allowances for herself and their two adopted female .....
Tag this Judgment!Court : Guwahati
Decided on : Oct-12-2006
..... empower the commandant or the other prescribed authority to summarily dispose of a person subject to the act, who is charged with the offences under section 14 or section 16(5)(a) or section 17 or section 18(a) or section 20(a) or section 46 (other than that for simple hurt or theft) or a charge of abetment of or ..... in the statute may have to be given a meaning different from that contained in the interpretation clause. as noticed earlier, any literal construction of section 52 or section 53 of the act having the effect of conferring upon the designated authority the power to deal with, in a summary manner, all kinds of offences including civil ..... . per contra, mr. s.c. shyam, the learned central government counsel supports the impugned order and proceeding and submits that the question of invoking section 75 of the act in the instant case cannot arise inasmuch as the earlier proceeding imposing punishments were without jurisdiction and were already set aside by the competent authority. he .....
Tag this Judgment!Court : Guwahati
Decided on : Nov-10-2006
..... whole establish that the appellant's right to use the equipment involved had been transferred for valuable consideration in favour of oil within the meaning of section 2(33) of the act.22. in aggarwal brothers : air1999sc2868 , the appellants used to supply shuttering to builders and contractors on hire to be used in the construction of ..... according to us thus stood transferred to oil though the ownership and the physical possession thereof remained with the contractor within the meaning of section 2(33) (iv) of the act.15. the act is a legislation to amalgamate, consolidate and amend the laws relating to levy of tax concerning sale and purchase of goods in the ..... entered into an agreement/arrangement whereunder the right to use of the equipment was transferred to oil on payment of rental charges.6. referring to section 2(19) of the act defining 'lease' it was observed that the same did not envisage any arrangement requiring transfer of possession of the goods involved to constitute the .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-22-2006
..... reason i give no award for interest as claimed by the claimant.18. the relevant provision regarding interest appearing in clause (b) of sub-section (7) of section 31 of the arbitration act reads as follows:(b) a sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the ..... make any payment in terms of clause 3 of the agreement between the parties.7. aggrieved, the state-appellants herein preferred a petition under section 34 of the arbitration and conciliation act, 1996 (for short 'arbitration act') before the learned district judge, west tripura, agartala in misc. (arb.) no. 6 of 1999 impugning the award only on the ..... same deserved to be exonerated. the other argument per contra advanced on behalf of the appellants herein was that in view of the provision of section 91 of the indian evidence act, it was not open to any authority to accept any excuse against the specific provision relating to short supply and thus the learned arbitrator is .....
Tag this Judgment!Court : Guwahati
Decided on : Apr-26-2006
..... and criminal cases and to exercise the power of the deputy commissioner, the said court has the power and jurisdiction to entertain the application under section 34 of the act being the principal civil court of original jurisdiction. the learned senior counsel further submits that there is no dispute about the fact that the ..... that court on the ground that since the arbitrators were appointed by the high court, such court only has the jurisdiction to entertain the application under section 34 of the act, which application, however, was rejected. the respondent/contractor, thereafter, on 12.9.2004, filed another application in the court of the learned additional deputy ..... appellant herein, being aggrieved by an interim award of rs. 296,458778 lakh passed by the arbitral tribunal under section 31(6) of the arbitration and conciliation act, 1996 ('the act') filed an application under section 34 of the act on 4.4.2004, which was registered as arbitration case no. 1(t) of 2004, in the court of .....
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