Court : Guwahati
Decided on : Jul-31-2006
..... v. darius shapur chenai and ors. : air2005sc3520 upon consideration of various authoritative pronouncements on the subject took the view that section 5a of the act confers a very valuable right in favour of a person whose lands are sought to be acquired.having regard to the provisions ..... senior counsel appearing for the appellants, however, submitted that the appellants are not challenging the draft notification issued and published under section 4(1) of the act proposing to acquire the lands for a public purpose inasmuch as the question as to whether proposed acquisition is for public ..... section (1),-(i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 (1 of 1967) but before the commencement of the land acquisition (amendment) act, 1984 (68 of 1984) shall be made after the expiry of three years from the. date of the publication of the notification ; or(ii) published after the commencement of the land acquisition (amendment) act, 1884 .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-31-2006
..... be treated as fake/obsolete have not been supplied to them in spite of asking and, therefore, the final order of re-assessment made under section 18 of the act is violative of the principle of natural justice as in the absence of such materials no effective reply could be submitted by the appellants/writ petitioners ..... that might be made against them on the basis of such materials/evidences. the assessing authority thereafter passed the order under section 18 of the 1993 act read with section 9(2) of the 1956 act making a fresh assessment of taxes by holding that the 'c' forms submitted by the assessees/writ petitioners during the relevant ..... katakey, j.1. the writ appellants filed the writ petitions challenging the fresh assessment orders made under section 18 of assam general sales tax act, 1993 ('the 1993 act') read with section 9(2) of the central sales tax act, 1956 ('the 1956 act') by the superintendent of taxes, assam, cancelling original assessment orders as well as the demand notes .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-02-2006
..... discretion, when the learned trial court had the jurisdiction, in the matter, cannot be interfered with by a revisional court in exercise of its power under section 115 of the code. when a subordinate court has the discretion under the law to accept, in an appropriate case, written statement beyond the ordinarily, permissible limit of ..... has with the help of the impugned order, dated 21.6.2004, decided to accept the written statement, it becomes abundantly clear that the learned trial court was acting within the ambit of its discretion in accepting the written statement and in declining to pronounce the judgment in terms of order 8, rule 10. exercise of such ..... statement could not be filed within time and, in such circumstances, the learned trial court was not only justified in law in accepting the written statement, but also acted correctly and in accordance with law in declining to pronounce the judgment in terms of the provisions of order 8, rule 10.6. before i enter into the .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-04-2006
..... they refused to pay the extra money. in this connection two firs were also lodged by the truck drivers and jalukbari p.s. case no. 392/03 under section 384/420 ipc were registered. the following accused persons caught red-handed while extorting money have been arrested in this connection and brought to jalukbari o.p. for ..... causing immense harassment to the truck owners in general. from the contents of the above documents, it cannot be said that in the given circumstances the authorities have acted beyond their jurisdiction in terminating the contract in violation of the clauses 5 and 9 of the additional conditions of contract. since the contract is terminable on the ..... of six months of moratorium reckoned from the date of handing over of the site, i.e., 9.10.2002. the respondents received a number of complaints regarding acts of extortion by the petitioner firm and its employees within the parking yard as well as on adjoining national highway-37. exorbitant amount ranging from rs. 200 to rs .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-04-2006
..... or containing alcohol and any substance which the state government, by a notification may declare to be liquor for the purpose the act. *** *** ***2(t) 'prescribed' means prescribed by rules made under this act.'section 18': license required for sale:- no intoxicant and no portion of a hemp plant (cannabis sativa) from which an intoxicating drug ..... for terms, conditions and duration licence of permits are also subject to the provision of section 36 and section 43 is specifically bar to right of renewal for issuance of licence granted under the 'act, 1947'. according to mr. saha, under section-43, no person whom the licence of liquor shop was granted shall have any claim ..... behalf upon his quitting station, or on behalf of his representatives in interest after his decease. *** *** ***'section 27': payment for grant of exclusive privilege:instead of, or in addition to any duty livable under this act, the state government may, direct payment of a sum to be fixed by it in consideration of the .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-10-2006
..... has been indicated above, it becomes clear that the submission of the body by a woman under fear cannot be construed as consented sexual act for the purpose of section 375, ipc for, section 375, ipc requires voluntary participation by the victim not only after the exercise of intelligence based on the knowledge of the significance and moral ..... chastity may not have money value. in the hands of the person cheated, but it definitely has its reputation value. moreover, under the definition of cheating under section 415, ipc, any act or omission, which may arise or likely to cause damage or harm to the person so deceived, has also been included. the expression 'harm' has not ..... misconception of fact is not consent are from the point of view of the victim whereas the factors set out in the second part of section 90, namely, that the person doing the act knows, or has reason to believe, that consent was given in consequence of such fear or misconception are corresponding provisions from the point .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-23-2006
..... winding up stands on different footing. execution of a decree/order rests on existence of an executable decree/order ; whereas a winding up petition under section 433(f) of the companies act is based on inability to pay its debt. thus, it cannot be construed that such a right to file winding up petition which is a statutory ..... the code of civil procedure, 1908. the right to approach the company court for winding up of a company by filing appropriate application as provided under section 433(f) of the companies act, 1956, is an independent right and not subjected to any other remedy or mode of recovery available in the civil procedure code. the petitioner has adopted the ..... stage. the appellant in defending the winding up of the company will be entitled to raise its defence in accordance with the provisions contained in section 439a(i) and (ii) of the companies act. it is, thus, clear that whatever defence the appellant may want to raise, the same would be able to be fully canvassed before the .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-24-2006
..... for the time being connected for the purpose of receiving energy with the works of a licensee, the government or such other person as the case may be;section 2(15) of the act 36 of 2003:2(15) 'consumer' means any person who is supplied with electricity for his own use by a licensee or the government or by ..... admittedly, the learned single judge dismissed the writ petition on 21.8.2002, when the indian electricity act 9 of 1910 was in force. the said act has been repealed under section 185 of the act 36 of 2003. section 185 (2) (a) of the said act provides that notwithstanding such repeal anything done or any action taken or purported to have been done or ..... , the important issues as could be seen from the grounds of review relating to misconstrue of the word 'licensee' under section 2(h) of act 9 of 1910 coupled with the word 'consumer' under section 2(c) of the said act along with military engineering service rules (hereinafter referred to as mes rules only) with reference to mes no. i.a. .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-25-2006
..... secretary (edn/s) and the irregular orders a regular criminal case being fir no. 71 (4) 05 lpl rs. under section 420/409/468/475/120-b ipc and section 13(1)(d)/13(2) pc act, 1988 was registered at lamphel police station and active investigations are going on. a copy of report containing the materials collected by ..... for nothing. it is their irritability rather than the employee's trivial lapse which has often resulted in suspension. suspension notwithstanding, nonpayment of subsistence allowance is an inhuman act which has an unpropitious effect on the life of an employee. when the employee is placed under suspension, he is demolished and the salary is also paid to him ..... is being vested with a totally arbitrary and unfettered power of placing its officers under disability and distress for an indefinite duration. there is no presumption that the government always act in a manner which is just and fair. the relevant portion of para no. 15 of the scc in o.p. gupta v. union of india and ors. .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-31-2006
..... total 406 members of the petitioner's syndicate. in the misc. case clearing no. 103/05 filed under order 39 rule 1 and 2 c.p.c. read with section 151 of the c.p.c, the learned single judge (jr. division), west tripura, agartala passed an order dated 07.12.05 in favour of the plaintiffs' syndicate ..... the office bearers or any member of the executive committee of the syndicate by the majority of the members in a general meeting for committing any fraud or having acted against the interest of the syndicate. however, the clause further provides for affording adequate and reasonable opportunity to the offending member before his removal. clause 30 of the ..... unfairness, the apex court proceeded with the same with the question, whether in the facts and circumstances of the case it could justifiably be said that the appellants had acted unfairly in withholding the payment of the respondents. it was in that context, it was held that invocation of power under article 226 would not be proper exercise .....
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