Court : Guwahati
..... that a circular of the kind which was issued by the board would be binding on all officers and persons employed in the execution of the act under section 5(8) of the act. this circular pointed out to all the officers that it was likely that some of the companies might have advanced loans to their shareholders as ..... shall apply to such person as if he is the person liable for paying the service tax in relation to such service.15. section 66 of the said act, being the charging section, is reproduced below:section 66. charge of service tax.--there shall be levied a tax (hereinafter referred to as the service tax) at the rate of ..... provided or to be provided to any person, by a commercial concern, in relation to construction service 18. prior to its amendment by the finance act, 2005, clause (30a) of section 65 of the finance act, 1994, which contained the definition of 'construction service', read as under:(30a) 'construction service' means--(a) construction of new building or civil structure .....
Tag this Judgment!Court : Guwahati
..... & fs infrastructure development (hoc), new delhi is a 100% subsidiary of the il % fs, and is engaged in the project development process in the infrastructure section including hospitality segment and that for the redevelopment of the crowborough hotel, iidc was mandated as the process manager to undertake the bid process management (pm) for ..... to the learned counsel, the petitioner himself participated in the bidding process in his capacity as an individual and not as a company incorporated under the companies act, 1956. the learned counsel for the respondent no. 2 finally contends that the writ petition is mala fide and has been filed with the oblique motive ..... , agreed that the criteria were to be assessed on a 'point based scale', which were to be worked out by the consultant and the consultant thereafter acted upon decision of the evaluation committee and made evaluation. however, subsequent to the evaluation made by the consultant, a meeting of the evaluation committee was held .....
Tag this Judgment!Court : Guwahati
..... at the rate of 9% per annum from the date of filing of the claim petition until realization of the whole amount.3. a claim petition under section 163a of the act was preferred before the mact, aizawl by the claimant-respondent no. 1 against the appellant as opposite party no. 1 & opposite party no. 2 respectively ..... malhotra, learned counsel for the appellant. also heard mrs. helen dawgliani, learned counsel for the respondents.2. this appeal has been preferred under section 173 of the m.v. act, 1988 (hereinafter referred as the act) by the appellant, united india insurance co. ltd. against the judgment and order dated 12.10.2007 passed by the learned member, mact, ..... oral evidence of the claimant herself awarded both the amounts which are not justified and not based on evidence. referring to the provisions of second schedule of the act, mr. malhotra submits that for the purpose of having such an award under such heads supporting documents are required to be proved. when the claimant failed .....
Tag this Judgment!Court : Guwahati
..... that the engagement would be for a period of three months.7. mr. bhuyan, the learned counsel for the management referring to the provision of section 25f of the act has further submitted that the engagement of the workman being admittedly on contractual basis, the management before retrenching the workman is not required to fulfill ..... contract of employment between the employer and the workman concened on its expiry shall not be construed as retrenchment and, therefore, the conditions stipulated in section 25f of the act. is not required to be fulfilled by the management before retrenching the workman concerned in the present case, even though he may have completed 240 ..... days of continuous service within the meaning of section 25b of the act. referring to the pleading of the management in the written statements as well as the evidence adduced, it has further been submitted by mr. .....
Tag this Judgment!Court : Guwahati
..... also held in the preceding paragraphs of this judgment that no case is made out against the accused respondent for conviction either under section 376 or under section 417 ipc, for providing the benefit of provisions of juvenile justice act, it would not be proper for this court to remit the case before the juvenile justice board after lapse of a period of ..... the accused respondent was a juvenile at the time of alleged commission of offence, he is also entitled to get the benefit of section 360 of the cr.p.c. or the benefit of probation of offenders act and it would also not be proper to convict the accused after about 11 years for the alleged incident of rape and cheating as ..... of alleged commission of offence on 15.1.97, the accused was juvenile for which also he is entitled to get the benefit of section 360 of the cr.p.c. or the benefit of probation of offenders act, and it would also not be proper for the appellate court to convict the accused after 11 years of the alleged incident of .....
Tag this Judgment!Court : Guwahati
..... in terms of the rules framed under section 12(b) of the ugc act. it is the case of the petitioners that the governing body of the college is solely responsible for the management of the college and ..... was affiliated to the north eastern hill university (nehu) in the year 2003, and was included in the list of colleges prepared under section 2(f) of the university grants commission act, 1956, vide the letter dated 7.10.2004 of the university grants commission (ugc), and is accordingly made eligible to receive central assistant ..... by the commissioner & secretary, education department for the purpose of bringing about an amicable settlement; andwhereas there is dispute regarding the mode of appointment of the acting principal and her relative seniority vis-a-vis the other lecturer of the college; andwhereas the university examinations are scheduled to commence from the 13th march 2008 and .....
Tag this Judgment!Court : Guwahati
..... it is abundantly clear that slight degree of penetration of the penis in the vagina is sufficient to hold the accused guilty for the offence under section 375 punishable under section 376 ipc. the most important and most appropriate observation may be read from paragraph 10 of the said judgment in the following lines:.other important ..... the victim is a must, but then relevant question is as to how much penetration is necessary and whether hymen must be ruptured. the first explanation of section 375 ipc is silent about this question. the explanation simplyprovides that penetration is sufficient to constitute sexual intercourse necessary for the offence of rape. the hon'ble ..... , 376, 376-a, 376-b, 376-c and 376-d. 'rape' is defined in section 375. sections 375 and 376 have been substantially changed by the criminal law (amendment) act, 1983, and several new sections were introduced by the new act i.e. sections 376-a, 376-b, 376-c and 376-d. the fact that sweeping changes were introduced .....
Tag this Judgment!Court : Guwahati
..... , the assessing authority ought to have considered the prayer for adjournment judiciously and passed an appropriate order before proceeding with the assessment under section 9(4) of the act. in the facts and circumstances, the impugned assessment order dated september 7, 1996 is found to have been passed without giving sufficient ..... the present three civil rules have been filed praying mainly for quashing the abovesaid summary assessment order dated september 7, 1996 passed under section 9(4) of the act, the order of the assessing authority passed on january 29, 1997 refusing to cancel the said summary assessment, the order of the commissioner ..... not be considered. thereafter, on february 13, 1997 the petitioner preferred three separate revision petitions, one for each of the relevant assessment order, under section 21(2) of the act before the commissioner of taxes, government of tripura (respondent no. 2) challenging the above decision of the assessing authority. the commissioner of taxes, .....
Tag this Judgment!Court : Guwahati
..... io, after completion of investigation filed charge sheet on 12.05.1999 against bikash das, ramu sabdakar, baju kanda and sadhan kanda under section 395 ipc and section 27 arms act and against ramesh kanda under section 412 ipc showing bikash das, sadhan kanda and baju kanda as absconders.5. pws 4, 5 and 7, corroborating the evidence of ..... accused which is directly connected with the dacoity committed in the informant's house. it is therefore, legitimate to apply the law of presumption under section 114 of the evidence act to this case that a person with whom the stolen goods were found is the dacoit himself. it invariably leads to hold that the accused ..... occurrence and received a written ejahar from shri pradip kr goswami on the spot. the crime being kamalpur ps case no. 03/99 under section 393 ipc read with section 27 of the arms act was registered. the io prepared the hand sketch map with separate index, examined and recorded statements of witnesses under 161 crpc. after completion .....
Tag this Judgment!Court : Guwahati
..... the proforma defendant nos. 5, 6 and 7 had any tenancy right over the suit property?6. whether the suit is barred by limitation and section 34 of the specific relief act read with order 2 rule 2 of the cpc?7. whether the suit is bad for mis-join-der and non-joinder of parties?8. whether ..... ram ditta air 1928 pc 172 the phrase 'substantial question of law' as it was employed in the last clause of the then existing section 100 cpc (since omitted by the amendment act, 1973) came up for consideration and their lordships held that it did not mean a substantial question of general importance but a substantial question of ..... (supra) read as follows:13. though as rightly contended by learned counsel for the appellant the scope for interference with concurrent findings of fact while exercising jurisdiction under section 100 cpc is very limited and re-appreciation of evidence is not permissible (sic except) where the trial court and/or the first appellate court misdirected themselves in appreciating .....
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