Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: guwahati Page 16 of about 1,554 results (0.639 seconds)

Harez Ali and anr. Etc. Vs. State of Assam and ors. Etc.

Court : Guwahati

Reported in : AIR2009Gau132

..... tenders, and to forward the tender papers with its recommendation to the zilla parishad for confirmation as provided under sub-section (4) of section 105, sub-section (4) of section 106 and sub-section (4) of section 109 of the act. if the value of the hats, ferries and fisheries of rs. one lakh or less, the zilla parishad ..... inviting tender and forward the tender papers with the recommendations to the zilla parishad for confirmation as provided under sub-section (4) of section 105, sub-section (4) of section 106 and sub-section (4) of section 109 of the act of 1994, if the yearly sale value was less than rupees one lakh. further, in case the yearly ..... produced by conflicting observations of different benches of this high court. the expression, 'yearly sale value' is not defined expression in 'the act', however, sub-section (6) of section 109 of the act provides that if the 'yearly sale value' of the hats, ferries and fisheries, falling under any anchalik panchayat, within the jurisdiction of .....

Assam State Electricity Board Vs. R.N. Dutta

Court : Guwahati

Reported in : AIR2009Gau117

..... amount payable for the pre-reference period as well as pendente lite interest, the arbitrator assumed the jurisdiction for awarding such interest, that apart, sub-section (7) of section 31 of the 1996 act empowers the arbitrator to award interest, both for the pre-reference and pendente lite and also for post award period. the respondent, therefore, submits that ..... matter in dispute relating to the payment of interest on delayed payment as well as interest thereon have been referred to the ifc as required under sub-section (2) of section 6 of the 1993 act. the dispute relating to the following claims was before the ifc:(i) compound interest with monthly rest @ 18% per annum on rs. 7 ..... . it has the power and jurisdiction to award interest for pre-award period as well as pendente lite. that apart, clause (a) of sub-section (7) of section 31 of 1996 act empowers an arbitral tribunal to award interest at such rate as it deems reasonable on the whole or any part of money, if the arbitral award .....

Jaiprakash Associates Limited (Cement Devision) Vs. State of Arunachal ...

Court : Guwahati

..... the state of arunachal pradesh, and import various goods from other states, have challenged the constitutionality, legality and validity of the arunachal pradesh goods tax act, 2005 (in short, 'the act') and, particularly, section 3(2)(b) thereof, which imposes tax on the entry of goods, other than non-taxable import, for consumption, use or sale thereof into ..... provisions, the conclusion appears to us to be inevitable that the content of freedom provided for by article 301 was larger than the freedom contemplated by section 297 of the constitution act of 1935, and whatever else it may or may not include, it certainly includes movement of trade which is of the very essence of all ..... the local area of arunachal pradesh.10. that with regard to statement made in para 14 of the writ petition, the humble deponent submits that under section 3 of the act all goods except non-taxable goods are liable to entry tax. the goods locally produced suffer local tax and the goods coming from outside the state .....

Patel Engineering Ltd. Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : (2009)24VST481(Gauhati)

..... of goods effected to by them subject to such conditions as may be prescribed, then, such 'works contractors' will remain exempted from payment of tax under the act. apart from these exemptions, section 7 exempts from taxation all those sales, which take place (a) in the course of inter-state trade or commerce, (b) outside arunachal pradesh and (c ..... or fallen under, the state's sales tax enactment.limitations on the power of the state legislature to impose sales tax17. before dealing with the validity of section 47a of the act of 2005, it is also pertinent to point out the ambit of article 286 of the constitution of india. this article puts, in certain cases, restrictions ..... history of the development of the concept of 'sale' in the realm of execution of works contract.9. while dealing with the question of validity of section 47a of the act of 2005, it is necessary to recall that before the 46th amendment, there was conflict of judicial opinion as regards the question as to whether the state .....

Indian Oil Corporation Ltd. Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... is also no dispute that pursuant to the changes so introduced, amendments have been made by the legislature, in the state of assam, in the provisions of the act, particularly section 2(33) and 2(19) thereof, which embody the definition of 'sale' and 'lease', respectively.7. in order to correctly appreciate the development of law relating ..... from time to time and any rules made thereunder affecting the construction and operation of the tank truck/s and will obtain certificate from the chief controller of explosive or any appropriate government authority to the effect that the vehicle is fit for transporting the said products. the contractor shall also carry out, fulfil and ..... legality and correctness of the letter, dated may 16,1998, aforementioned, whereby the petitioner-company was directed to deduct at source tax, in terms of section 27(a) of the act, from the owners of the vehicles and also the notice, dated may 15,1998, directing the petitioner-company to show cause as to why penal action .....

R.P. Kakoti Vs. Oil and Natural Gas Commission and ors.

Court : Guwahati

..... there is also no dispute that pursuant to the changes so introduced, amendments have been made by the legislature, in the state of assam, in the provisions of the act, particularly, section 2(33) and 2(19) thereof, which embody the definition of 'sale' and 'lease', respectively.4. in order to correctly appreciate the development of law relating ..... , any lease, other than a financial lease, is an 'operating lease' within the sales tax laws in assam. the term 'lease' has been defined under section 2(19) of the act as follows:2(19) 'lease' means any agreement or arrangement, whereby the right to use any goods for any purpose is transferred by one person to another ..... which occurred in the expression 'sale', in the seventh schedule to the constitution of india, had carried the same meaning as a 'sale' defined in section 4 of the sale of goods act, 1930. hence, prior to the 46th amendment, sales tax could be imposed only upon transfer of property in goods from one person to another. consequently, .....

Mahesh Travels (P) Ltd. Vs. Oil and Natural Gas Commission and ors.

Court : Guwahati

..... there is also no dispute that pursuant to the changes so introduced, amendments have been made by the legislature, in the state of assam, in the provisions of the act, particularly, section 2(33) and 2(19) thereof, which embody the definition of 'sale' and 'lease' respectively.5. in order to correctly appreciate the development of law relating ..... any lease, other than a financial lease, is an 'operating lease' within the sales tax laws in assam. the term 'lease' has been defined under section 2(19) of the act as follows:2(19) 'lease' means any agreement or arrangement whereby the right to use any goods for any purpose is transferred by one person to another ..... which occurred in the expression 'sale', in the seventh schedule to the constitution of india, had carried the same meaning as a 'sale' defined in section 4 of the sale of goods act, 1930. hence, prior to the 46th amendment, sales tax could be imposed only upon transfer of property in goods from one person to another. consequently, .....

Centre of Medical and Sales Representatives' Union (North East Region) ...

Court : Guwahati

Reported in : (2009)IIILLJ513Gau

..... the administrative jurisdiction vested in it for the limited purpose of satisfying itself whether the dispute raised is an industrial dispute within the meaning of section 2(k) of the act. while deciding the question, designation of the employee is not of much importance and certainly not conclusive in the matter as to whether or ..... the petitioner and the respondent company and not only that the purported agreement was contrary to the public policy and the same was hit by section 28 of the contract act.13. upon consideration of the submissions made by the learned counsel for the rival parties, the questions arise for consideration before these courts are:( ..... also ought not to have taken the question of jurisdiction while deciding the reference. in the instant case since the appropriate government referred the dispute under section 10 of the act of 1947 to the labour court, the labour court ought to have exercised the jurisdiction vested in it which it failed. therefore, the impugned .....

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

Court : Guwahati

..... ) budget provisions shall be made and shown separately under the expenditure heads of account of the departments concerned with the activities mentioned in sub-section (1) of section 10 of the act. the total allocation of such budget provisions in a financial year shall not be less than the amount collected as entry tax minus cost ..... tax should bring benefit only to those from whom the tax is collected.58. strenuous arguments have been offered on behalf of the petitioners that section 10 of the act of 2008 enumerates different fields of developmental activity which, even otherwise, fall within the general duties and responsibilities of a sovereign state. laying of ..... the next issue that will require consideration of the court is the arguments and counter-arguments advanced with regard to the validation provisions contained in section 12 of the act of 2008. in this regard the tenability of the challenge made against the ordinance of 2008 will also require the consideration of the court.43. .....

Lukba Rime and Etc. Vs. State of Arunachal Pradesh

Court : Guwahati

Reported in : 2009CriLJ3100

..... over the contents of the confessional statement to the accused. this shows that the necessary formalities required to be observed before and after recording the confessional statement under section 164 cr.p.c have not been observed. this being the position, the prosecution cannot take any assistance from the aforesaid confessional statement.26. having tested ..... , tapok talom and dakto siram forcibly pulled the victim girls into the jungle and committed rape on them. the accused, lukba rime did not participate in the act of ravishment of the said girls. while they were being raped by the accused persons, some people from the nearby place came. then the accused persons fled ..... , all the victim girls have stated consistently and corroboratedly that the appellant, lukba rime, did not commit rape on any of them and he rather refused to act upon the invitation of accused tapok talom. on the basis of such cogent and reliable evidence, the appellant, lukba rime is not liable to be convicted and .....