Court : Guwahati
Decided on : May-10-2006
..... sale or purchase of goods'.21. in the above case, the high court was concerned with the provisions of the haryana general sales tax act, 1973. section 2(i) of the act defines 'sale' as any transfer of property in goods for cash or deferred payment or other valuable consideration and includes transfer of the right to ..... the parties did not involve transfer of right to use the machinery in favour of the contractors and in absence of satisfying the essential requirement of section 5-e of the act, i.e., transfer of right to use machinery, the hire charges collected by the respondents from the contractors were not exigible to sales tax ..... been issued before the summary assessment, there was gross violation of the principles of natural justice. according to him, in such situation there was violation of section 44(3) of the act. he also placed reliance on the following decisions:state of andhra pradesh v. rashtriya ispat nigam ltd. : air2002sc1305 .dwijendra kumar bhattacharjee v. superintendent of .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
Decided on : May-18-2006
..... before the court. deposit of the rent before the court without offering the same to the landlord and refusal thereof, is contrary to the provisions of sub-section (4) of section 5 of the act. the authority in this behalf is available in rap chand daftary v. ashim ranjan modak and anr. (2000) 2 glr 402.11. in the instant case ..... part of the petitioners in taking steps for service of notice, if a tenant is found to be a defaulter for non-compliance of the provisions of section 5(4) of the act, he continues to be so even if the landlord withdraws the same deposited in the court contrary to law. the mischief of statutory default does not obliterate ..... / payment of rent being uncertain, the learned first appellate court erred in coming to the conclusion that the petitioners are defaulters within the meaning of section 5 of the urban areas rent control act.9. the learned first appellate court dealt with the matter relating to the plea of default from para 14 onwards of the impugned judgment. from .....
Tag this Judgment!Court : Guwahati
Decided on : May-18-2006
..... in national insurance co. ltd. v. mastan and anr. 2005 air scw 6305. the hon'ble supreme court held as follows:13. section 143 occurs in chapter x of the 1988 act. section 144 contains a non-obstinate clause stating that the provisions of the said chapter shall have effect notwithstanding anything contained in any other provisions of ..... vehicle with crpf personnel on way to rangjuli. on the way at bhalukjuli, while passing over a wooden bridge, the vehicle was blown off by a remote controlled explosive device by extremists. as a result, dara singh sutradhar along with two other persons died. the vehicle was insured with the appellant company. the death of the driver ..... the objection raised.6. at the time of admission of this appeal no substantial question of law was formulated as is required under the proviso to section 30 of the act. considering the pleadings, it has been decided to hear this appeal on the following question of law:whether the respondents-claimants who are the brother and .....
Tag this Judgment!Court : Guwahati
Decided on : May-26-2006
..... by the state government with reasonable expedition and promptness. even if no specific, express or clear word for consideration of report is provided under section 14(1) of 'act, 1980' nevertheless the report has to be considered with promptitude for the purpose of taking decision either for revocation or modification. the modification of ..... under reference, and for reasons given above, my answer is that the discretionary power of the central government under section 14(1) of the act in the context of section 3(5) of the act is coupled with duty to consider the report received from the state government with reasonable expedition, notwithstanding that no ..... (1984 cri lj 1558) (supra) the central government is duty bound to consider the report of the state government with reasonable expedition under section 14(1) of act, 1980 notwithstanding any representation/petition was made by the detenu to the central government. in support of his submission, the learned counsel has referred .....
Tag this Judgment!Court : Guwahati
Decided on : May-30-2006
..... fee actually paid in the accounting year shall be computed for deduction. however, there is no such identical provision in the assam agricultural income-tax act. section 37 of the act provides for such allowance.it is the case of the petitioner-company that they are maintaining their accounts in the mercantile system. in the above system ..... authorities below, dr. todi, learned senior counsel has contended that although there is no dispute that there is no provision akin to section 43b of the central act contained in the assam act so as to restrict the availability of deduction on the ground that the amount be deducted only if it is paid within the ..... or profession shall be allowed in computing the income chargeable under the head 'profits and gains of business or profession.'6. the relevant provisions of section 43b of the central act under the heading 'certain deductions to be only on actual payment' essential for our discussion are quoted as follows:43b. notwithstanding anything contained in .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-01-2006
..... for the proposition that the circumstance that the marriage has irretrievably broken down may be kept in mind while determining a case of cruelty contemplated by section 13(ia) of the act. however, the said decisions do not lay down any law to the effect that irretrievable break down of a marriage on account of long separation ..... initial period of bliss, was not smooth. however, on the basis of the aforesaid circumstances alone it cannot be held that cruelty within the meaning of section 13 of the act had been committed by the respondent-wife so as to entitle the appellant-husband to a decree of divorce. the evidence tendered by the appellant-husband that ..... differences between the spouses in conjugal life do occur, but to bring the said differences within the meaning of the expression 'cruelty' as appearing in section 13(ia) of the act, the court must be satisfied that such differences emanating from the conduct of either party to the marriage makes it impossible for the other spouse to .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-16-2006
..... recording the statements of such persons.10. the learned senior counsel for the appellant has contended that once such inquiry has been initiated and conducted under section 176 of criminal procedure code, there is no scope having another inquiry by the learned district and session judge as ordered by the learned single judge. the ..... the date of occurrence, is most reliable. the learned senior counsel has further contended that as the learned district magistrate had ordered the magisterial inquiry under section 176, cr.p.c, into the causes and circumstances leading to the death of sri pankaj sarma, there is no occasion to direct another inquiry ..... organization, namely united liberation front of assam (ulfa), by registering khoirabari police station case no. 48 of 1994 under section 307, ipc read with section 3/4/5 of terrorist and disruptive activities (prevention) act, 1987. the said arrested persons including pankaj sarma were thereafter taken to mangaldoi police station on the same night .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-20-2006
..... injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide (emphasis added). the charge sheet having disclosed a prima facie case under section 304(part-ii)/34 ipc with the statement of the same having been well established and with the ..... the learned cjm, kamrup and his own conclusion that the case was not under section 304(part-ii) but was one of under section 304(a).11. section 299 ipc deals with culpable homicide. as per the definition of which, whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily ..... (a)/34 ipc.(iv) as per the provisions of section 209 crpc, the learned cjm is to exercise his judicial function towards recording prima facie satisfaction as to the offence disclosed by the materials on record and not to act mechanically.6. elaborating the above grounds of attack to the impugned order dated 9.5.2006, mr. n. choudhury, .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-21-2006
..... area, prohibiting the assembly of five or more persons or the carrying of weapons or things capable of being used as weapons or fire-arms, ammunition and explosive substances.section 5 : powers to destroy arms, fortified positions, etc. - any magistrate or police officer not below the rank of sub-inspector or any officer of the ..... s movement of human rights air 1998 sc 431 (supra).16. for the sake of clarity, let me quote hereinbelow, section 6 of the said act, which reads as follows:section 6 : protection of persons acting under sections 4 and 5 - no suit, prosecution or other legal proceeding shall be instituted except with the previous sanction of the ..... substituted.(2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.(3) the state government may, by notification, direct that .....
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