Court : Guwahati
Decided on : Jun-21-2006
..... the same was amended by the impugned notification, whereby the scheme of 1999 has been introduced. since the power to amend a notification issued under sub-section (4) of section 9 of the agst act, 1993, vests in the authority, which has, now, issued the impugned notification, the notification in question, cannot be said to be ultra vires ..... eligible to receive the benefits of the scheme of 1995. since the amended scheme of 1999 has been issued in exercise of powers under sub-section (4) of section 9 of the agst act, 1993, the same is legal and valid. the doctrine of promissory estoppel is not attracted to the present case inasmuch as the appropriate ..... november 5, 1999 a notification. according to the contents of this notification, the notification has been issued in exercise of powers contained in sub-section (4) of section 9 of the agst act, 1993, amending the scheme of 1995 making certain industries ineligible to receive the benefits of sales tax exemption under the scheme of 1995. the .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-26-2006
..... the impugned judgment and order, dated 3.8.2002, is hereby set aside. the accused-petitioner is held not guilty of offence under section 25(1)(a) and/or section 25(1a) of the arms act, 1959, and he is acquitted accordingly.22. the bail bond of the accused-petitioner shall stand cancelled and his sureties shall stand discharged.23 ..... at the time, when the alleged seizure took place, the pistol was in serviceable condition and fell within the definition of 'prohibited firearms' as defined in section 2(8) of the arms act, 1959, for, prohibited arms means, it may be noted, a firearm so designed or adapted, that if pressure is applied to the trigger, missiles continue ..... order, dated 24.8.2001, passed, in g.r. case no. 1634/1999, by the learned judicial magistrate, nagaon, convicting the present accused-petitioner under section 25(1)(a)of the arms act, 1959, and sentencing him to suffer imprisonment for 2 (two) years.2. the case against the accused-petitioner, as unfolded at the trial, may, in .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-29-2006
..... thereafter, the plaintiff-respondent started felling those trees without permission from the forest officials which had given rise to the two proceedings under section 379, ipc and under section 33 of the indian forest act. the said action was taken bona fide by the forest officials in discharge of their officials duties and, therefore, irrespective of the ..... burden of proving remains with them that the said lands were protected or reserved forest. learned sdjm in both the cases under section 379, ipc and under section 33 of the indian forest act respectively held that the prosecution miserably failed to prove the same. we have noticed from ext.4 that the plaintiff-respondent applied ..... land or on the protected or reserved forest. the order of the sdjm discharging the plaintiff-respondent from the charge framed under section 379 ipc and under section 33 of the indian forest act for want of any scrap of paper in support of the claim of the forest department that those trees were felled from .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-30-2006
..... directed various departments to issue appropriate notifications in this regard. the contention was it is only under the notifications issued in exercise of the power under section 5a of the act, 1944 the benefit of exemption from payment of central excise duty can be granted subject to such terms and conditions as the govt. of india ..... government is bound by the principles of promissory estoppel.16. the learned judge further held that the notifications issued in exercise of the power under section 5 of the act, 1944 ought to have been in accordance with the industrial policy resolution taken after its due approval by the cabinet and the same cannot be ..... in their writ petitions is that the government of india, ministry of finance while issuing the exemption notifications in purported exercise of the powers under section 5a of the act, 1944 deviated from promise held out in industrial policy resolution dated 24.12.1997 inasmuch as the benefit of exemption to industrial units from excise .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-19-2006
..... it appears, misconstrued and misinterpreted this provision of rule 36b which has clearly referred to ordinary courts other than special courts constituted under the act. in section 16(2) of the act some special power of duties have been conferred or imposed on members of the force entrusting special judicial powers for inquiry or trial of ..... magistrate 1st class or in a given case, by the commandant or assistant commandant on whom powers of judicial magistrate have been conferred under section 16(2) of the act. the question whether trial shall be conducted by a judicial magistrate or commandant or assistant commandant specially conferred with the powers of judicial magistrate ..... with the powers of judicial magistrate, by the central government had jurisdiction to deal with the members of the force in a trial under section 10 of the act.18. although the question whether any appeal/revision lies before the sessions judge or high court against an order of the assistant commandant did not .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-19-2006
..... the interest on delayed payment is available to only that person, who, as a supplier; supplies any goods or render any services to any buyer. according to section 2(f) of the act of 1993, 'supplier' means, an ancillary industrial undertaking or a small scale industrial undertaking holding a permanent registration certificate issued by the directorate of industries or a state ..... on permanent basis. if the writ petitioner's unit is considered in this light, it becomes clear that the writ petitioner was a supplier within the meaning of section 2(f) of the act of 1993, when it had made supplies of materials, as ssi unit to the pwd, govt. of arunachal pradesh, in the year 1973, when the work of ..... would be made out.41. in the case at hand, since the view, which i have taken that the writ petitioner was a supplier within the meaning of section 2(f) of the act of 1993, is a view, which is possible to adopt, such a view cannot be called an error apparent on the face of the record, particularly, when .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-19-2006
..... according to the learned counsel, the accompanying facts and circumstances exhibited demonstrable bias of the arbitrator vitiating the proceedings before him. referring to section 11(8) of the act, the learned advocate general argued that the arbitrator having, by his conduct, shed the traits of independence and impartiality indispensably essential for being ..... the respondent-company about the lack of independence and impartiality of the arbitrator, no controversy thereon subsisted and, therefore, the conditions precedent for applying section 14 of the act being non-existent, the proceedings before the learned court below are per se unsustainable in law. mr. markanda, therefore, urged that the ..... and the challenge to his authority would have to wait till the completion of the process only because the party aggrieved had failed to act in terms of section 13(2) within the period prescribed. it is not unlikely that in such an eventuality, irreversible consequences may follow, a situation neither .....
Tag this Judgment!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- .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-25-2006
..... the day of the alleged occurrence, what is imperative to note is that at the time of the alleged occurrence, it is the juvenile justice act, 1986, which was in force and according to section 2(4), thereof, juvenile 'means' a boy, who has not attained the age of 16 years, or a girl, who has not attained ..... against the judgment and order, dated 15-12-1997, passed by the sessions judge, dhemaji, in sessions case no. 53(jn)/1996, under sections 307 ipc, convicting the accused-appellant under section 307 ipc and sentencing him to undergo rigorous imprisonment for 10 years and pay fine of rs. 3,000 and, in default of payment of fine ..... . during investigation, the accused made a judicial confession and, in course of time, the police submitted, on completion of investigation, charge-sheet under sections 324/307 ipc.4. to the charge framed under section 307 ipc, at the trial, the accused- appellant pleaded not guilty.5. in support of their case, prosecution examined altogether 9 witnesses. the .....
Tag this Judgment!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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