Court : Guwahati
Decided on : Feb-22-2006
..... restoration of the suit gave rise to misc. (j) case no. 84/2005. this application for restoration was also accompanied by a petition made under section 5 of the limitation act seeking condonation of delay of eleven days in making the application under order 9, rule 9. the learned trial court, then, passed an order, on 22 ..... in the code and not the substantive rights of the appellant thereunder can be applied to the proceeding under the arbitration act. in short, only procedural part of the code will apply to proceedings under section 141 and not the substantive rights of the parties or the provisions creating jurisdiction of the courts under the code.15. ..... court a statutory discretion, there can be implied in court, outside the limits of the act a general discretion to dispense with the provisions of the act'. inherent jurisdiction of the court to make order ex debito justitiae is undoubtedly affirmed by section 151 of the code, but that jurisdiction cannot be exercised so as to nullify the .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-24-2006
..... said prayer for condonation, causing thereby substantial damage, personal reputation and professional advantage of the appellant herein.6. exbt. 1 is the prayer for condonation of delay under section 5 of the limitation act preferred by the insurance company in first appeal no. 128/1994, on careful perusal of which the learned trial court came to the definite finding that no defamatory .....
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 : Mar-10-2006
..... against the accused and, therefore, the judgment of both the courts below requires interference, which otherwise, if not interfered with, in exercise of power under section 397/401 of the code would result in miscarriage of justice.7. to be more precise, the learned senior counsel has argued the following points for determination ..... on remand, the learned assistant sessions judge recorded the statement of the accused afresh under section 313 of the code of criminal procedure (hereinafter referred to as code), and witnesses on the defence were examined and cross-examined in compliance with the ..... the accused had sexual intercourse will smti prabhawati baruah against her will and without her consent ?(c) whether the sexual act was done under the circumstances falling under any of the five descriptions specified in section 375 ipc and,(d) whether there was sufficient penetration to constitute the offence as per the definition of rape?2. .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-13-2006
..... that the assessment order is erroneous and prejudicial to the interest of the revenue. there can be no manner of doubt that the power conferred by section 263 of the act to interfere with an assessment made can be exercised only if the commissioner is of the opinion that such assessment order is erroneous and prejudicial to ..... been resisted by sri bhuyan, learned counsel appearing for the revenue. according to sri bhuyan, the basis on which the cit had initiated the proceeding under section 263 of the act is evident from the notice dated 14/19.8.1996 itself. the cit, on perusal of the records of the assessment, noticed that the investments made ..... also disclosed. in the reply submitted, the petitioner-assessee had also taken certain other grounds questioning the jurisdiction of the commissioner to invoke the power under section 263 of the act in the facts of the present case. thereafter, by the impugned order dated 1.11.1996, the commissioner after recording his opinion that the assessment for .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-17-2006
..... jurisdiction. to put it differently, the rules framed under various orders of the code lay down the procedure for exercise of the powers conferred on such courts by various sections embodied in the code. taking note of this strikingly noticeable feature of the code, observed the supreme court, in varred jacob v. sosamma greevarghese and ors. reported in ..... .2003, to the plaintiff to supply to the defendant copies of the documents, had remained unchallenged and had attained finality, the defendant was bound to obey and act a in terms of these directions and could not have avoided to carry out the directions so given without leave of the court and, at the same time, ..... , no good ground for acceptance of the belatedly filed written statement could be said to have been made out by the defendant and the learned trial court had acted, within the ambits of its jurisdiction, in refusing to accept the written statement. by order, dated 26.9.2005, the learned trial court rejected the application 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-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 : Mar-27-2006
..... to clear the facts which culminated in these writ petitions. the member-secretary, assam state legal services authority in pursuance of the provisions of section 22b(1) of the act issued notices to the writ petitioners taking cognizance of various complaints received by him from different persons for adjudication of the disputes raised in accordance ..... chairman of the state authority. the powers, according to mr. das, are relatable to the powers and functions of the state authority as defined in section 7 of the act. the member-secretary cannot transcend beyond what have been prescribed by the state government or assigned to him by the executive chairman. highlighting different provisions ..... ) empowers the state government to constitute legal services authority for the state to exercise the powers and to discharge the functions under the act. sub-section (2) of section 6 provides that a state authority shall consist of the chief justice of the high court as the patron-in-chief; a serving or .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-29-2006
..... by it or by cross-examining the pws as well as dw 1 and dw 2.17. the word 'accident' has not been defined in the act. section 165 of the act provides for constitution of the motor accidents claims tribunal for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, ..... an appeal by the insurance company against the award passed by the learned motor accidents claims tribunal is limited to the grounds enumerated in sub-section (2) of section 149 of the act, the present appeals filed by the insurance company are not maintainable as the ground on which the insurance company is challenging the award by the ..... compensation. replying to a pointed query made by the court about maintainability of the appeal by the insurance company in the absence of any permission under section 170 of the act, the learned counsel for appellant has submitted that though the vehicle was insured by the appellant insurance company, its liability will come only in the event .....
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