Court : Guwahati
..... the promisor could not prevent,--and here in this case neither of these contingencies took place--and the contract at no stage became void. even taking section 53 of the contract act into consideration, we find that when a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the ..... the liquor by the government. 34. the second contention raised by the counsel for the appellant is based on the doctrine of frustration as embodied in section 56 of the contract act. the argument in short is that the parties when they entered into contract, did not anticipate that an occasion will arise when the performance of ..... the contract admittedly subsisted throughout its full period and that at no stage it came to an end either on account of the supervening event under section 56 of the contract act or on account of the contract being ineffective as it was a contingent contract and the contingency did not happen and secondly that even if the .....
Tag this Judgment!Court : Guwahati
..... he could not be heard to complain that no charge-sheet had been formulated against him and proceedings had not been taken thereunder, as required by section 240 of the government of india act of 1935, which was a provision analogous to article 311 of the present constitution. another instance in point is the decision of the supreme court ..... unlawful activities, he was arrested by the district authorities on 29-4-49 for trial under section 188 of the indian penal code, but acquitted. thereafter he appears to have been detained as a security prisoner under section 3 of the preventive detention act, 1950. he was released from detention on 28-5-51 when an internment order was served ..... on him under sections 2 (1) and 2 (4) of the assam maintenance of public order act, 1947, directing him not to proceed beyond the limits of the gauhati municipality. this order appears to have been revoked later after the expiry of two .....
Tag this Judgment!Court : Guwahati
..... writing the grant of permit before the regional transport authority, he was not entitled to a relief under clause (f) or section 64.this argument in effect presupposes that section 64 of the act not only enumerates the persons who are entitled to file appeals against the order of the regional transport authority but also lays down ..... no. 4 against the order refusing to grant him a permit, the appellate authority had no jurisdiction to cancel the permit granted to the petitioner. section 64 of the motor vehicles act reads as follows :'any person --(a) aggrieved by tile refusal of the state or a regional transport authority to grant a permit, or by ..... of the appellate authority amounts to cancellation of that permit which the appellate authority had no jurisdiction to do, except on the grounds mentioned in section 60 of the motor vehicles act.it will be convenient to dispose of the second contention first. the petitioner was granted a permanent permit for stage carriage by the regional .....
Tag this Judgment!Court : Guwahati
..... the same day, that is, order 14-6-1958, the oflicer-in-charge, agartala police station, applied to the s. d. m., for a search warrant under section 19(3) of the act, stating in his application that he was authorised by the deputy director, enforcement directorate, ministry of finance, department of economic affairs. govt. of india, in that behalf, ..... bengal, has been dealing in foreign exchange without an authority as required by section 3 of the act, though he has applied for such an authority and the matter is still pending. order 12-5-1958 he was proceeding to calcutta by air with notes worth ..... from him by the police, be set aside and replaced by an order for its refund to the petitioner, and arises out of a proceeding under section 19(3) of the foreign exchange regulation act, 1947.2. the facts, briefly stated are these: it is an admitted fact that the petitioner, haripada gupta, who is a refugee from east .....
Tag this Judgment!Court : Guwahati
..... not only the date of the order of liquidation but the termination of the winding up proceeding itself. in other words, the obvious intention of section 45-o of the act is that the period of limitation as it were, remains suspended throughout the liquidation proceedings.the law has given a special privilege in cases where ..... of the liquidation proceedings or the presentation of the application, the debt could not be revived merely because an application was presented within time under section 45-d of the act for adjudging the debtor concerned as a debtor of the bank in liquidation; but where on the date of initiation of the liquidation proceedings the ..... the bank in liquidation, provided the assets are alive and recoverable and have not become barred before the proceedings are initiated. the intention of section 45-o of the banking companies act therefore is that upto the stage or winding up of the company, the limitation will stop running against the banking company. this interpretation is .....
Tag this Judgment!Court : Guwahati
..... speakers in the two meetings held at lanka and odalani and (2) if, the speeches were actually made will constitute undue influence as defined in section 123(2) of the act. section 123(2) of the act provides as follows :-- '(2) undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of ..... may well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the sections of the act and tie rules made thereunder. if all that can be said of these statutory provisions is that construed according to the ordinary, grammatical and natural meaning ..... the general public; the sanctions were granted properly and within the scope of his authority, they cannot therefore be regarded as illegal gratifications within the meaning of section 123 of the act. the appellant has examined p. w. 12 md. mastakim ali who says about the construction of a tank in the vicinity of a mosque. his testimony .....
Tag this Judgment!Court : Guwahati
..... i am unable to agree with the decision of the tribunal that the publication in question did not amount to corrupt practice within the meaning of section 123, sub-section (3) of the act. it is not disputed now that the publication was an objectionable publication and even sri har dayal das admits it to be so. 13. ..... the case. 9. it has been argued that the statements of those persons recorded by the presiding officer at the election should be admitted under section 32 of the evidence act. under section 32, all statements written or verbal of relevant facts made by a person whose attendance could not be procured without an amount of delay or ..... other than his election agent, of any corrupt practice.......' this appears to me a cogent and natural interpretation of the provisions contained in the different subsections of section 100 of the act. the observations of this court in khagendranath v. umesh chandra nath air 1958 assam 183, do not lay down any different legal proposition. in that case .....
Tag this Judgment!Court : Guwahati
..... compensation, i do not see how the mortgagee can legitimately challenge the legislative authority to acquire. 10. i have been impressed with the argument addressed on section 18 of the act. section 16 provides that if there is a cultivating tenant in occupation of the land acquired from an owner, then he shall have the option of taking settlement ..... or is bad for illegal and wide delegation of powers. i may here deal with the charges levelled against some of the specific sections of the act. it is contended that under section 8 of the act, the publication of the notification in the official gazette is conclusive evidence of the acquisition being for a public purpose; and while an ..... by mr, seta do not govern the present case. in 1953 sca 53 : (air 1952 sc 252), the supreme court declared some of the sections of the bihar land reforms act, 1950 (act 30 of 1950), to be void and inoperative on the ground that those provisions had really nu connection with the subject of the legislation. the only .....
Tag this Judgment!Court : Guwahati
..... . safiulla was ill at the time and actually thed later. it is also true that there was no compliance with the notice issued under sub-section (2) of section 22 of the act. the statement of facts shows that the first date fixed for hearing was 4-2-53. safiullah actually thed on 23-3-53 and the ..... them ever cared to look into the document itself to ascertain those particulars before justifying the assessment of the income-tax officer under the proviso to section 41(1) of the act. the appellate assistant commissioner disposed of the matter simply with the following observation:'there is no substance in the two contentions either inasmuch as in the ..... position, therefore, remains that neither the appellate assistant commissioner nor the members of the tribunal looked into any material justifying the assessment under the proviso to section 41 (1) of the act, but they proceeded to affirm the order of assessment on the mere assumptions of the income-tax officer so that the matter stands where it was .....
Tag this Judgment!Court : Guwahati
..... is about the interpretation of rule 13 of the said rules. the rules in question have been framed under section 155 and 156 of the assam land and revenue regulation, 1886, read with section 6 of the indian fisheries act 1897.2. one of these appeals was originally put up for hearing before my learned brother mehrotra, but ..... the latter officer merely suggested that there was a possibility of the tingrai fishery co-operative society being amalgamated with the naharkatiya fishery co-operative society; and evidently acting entirely on this report, the deputy commissioner directed settlement to be made with the respondent no. 1, the naharkatiya fishery co-operative society ltd. on behalf ..... the society.that respondent no. 4 is a registered cooperative fishery society cannot be disputed as it was registered in the year 1935 under the co-operative societies act and the name of the society was 'the dibrugarh fishery co-operative society ltd.' the point still to be considered is how far it can be said .....
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