Court : Guwahati
..... result of the decision must be announced by a public notice.3. we are unsure as to whether the order rendered under section 5(1) of 'the act' was published as required under law. if it has not been so published learned magistrate shall consider the effect thereof. learned district magistrate shall be at liberty ..... representation the petitioner and/or the inhabitants of the village may also question the jurisdiction of the district magistrate to make orders under section 5(1) of 'the act'.2. after such objections and/or representations are filed within the aforesaid period, the district magistrate concerned shall hold necessary enquiry and may sustain, recall or review ..... petitioner questioned the validity of the order passed by the district magistrate imposing collective fine in exercise of power under section 5 of the assam maintenance of public order act, 1947, as amended. the facts and circumstances of that case as well as the question of law are same and in the course of hearing we have .....
Tag this Judgment!Court : Guwahati
Reported in : 1999CriLJ3543
..... member of legislative assembly, the learned special judge had no jurisdiction to take cognizance against, the petitioner without sanction by the competent authority under section 19 of the pc act, 1988 and under section 197, code of criminal procedure (for short, 'cr. p.c.').3. mr. d.k. mishra, learned counsel appearing for the petitioner ..... protection to him. he therefore committed offences punishable under section 120b read with section 420, ipc and section 13(2) read with section 13(1)(d), pc act, 1988. after perusing the said charge-sheet, and the materials filed along with the charge-sheet, the learned special judge, assam at guwahati took cognizance against ..... 468, 420 and 120b, indian penal code (for short, 'ipc') and section 13(2) read with section 13(1)(d) of the prevention of corruption act, 1988 (for short, 'pc act, 1988') by he anti-corruption branch, assam, guwahati. the case was thereafter transferred by the government of assam to the central bureau of investigation (for short .....
Tag this Judgment!Court : Guwahati
..... authority concerned. hence, so long as this nomination remains valid and/or remains in force, no other director of the accused company can be prosecuted under the pfa act unless the case against such a director falls within the ambit of section 17(4) and the prosecution can show, either by making allegations in the complaint or ..... liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.(2) any ..... the accused company. the complainant accordingly sought for prosecution of the accused aforementioned for offence allegedly committed by them under section 16 read with section 7 of the pfa act.3. on receipt of the summons issued in the case, the accused company, namely, m/s k.s. oil limited, appeared in the court and submitted .....
Tag this Judgment!Court : Guwahati
..... awarded does not require any interference. stringent provisions for the control and regulation of operation relating to narcotic drugs and psychotropic substance is provided under this act as to keep check and break on the trafficking of such offences which has a nationwide effect because continuation of the same degenerates the society and therefore ..... counsel representing the accused-appellant has much of substance. in my considered opinion; there is non-compliance of the mandatory provisions of section 50 of the ndps act on which no evidence is so adduced coming from the mouth of any of the witnesses with regard to the present accused-appellant being informed with the ..... the present accused-appellant being made to understand with regard to the safeguard and right so given to him under the provisions of section 50 of the ndps. act as to opt his choice to be searched before the gazetted officer/ magistrate whosoever conveniently at the nearest point is available. the testimony of the officer .....
Tag this Judgment!Court : Guwahati
Reported in : [1999]236ITR978(Gauhati)
..... quasi-judicial in nature. the commissioner while exercising the power under section 263 is required to act justly and fairly. the power is to be exercised objectively and dispassionately and thereafter decide the same in accordance with law. the power is to be ..... the circumstances demand whenever there is any order prejudicial to the revenue. the power conferred under section 263 though discretionary in nature, the authority is required to act with objectivity and responsibility. it is not an arbitrary power which can be exercised according to the whim or fancy of the officer concerned. the power is ..... years mentioned above and completed the assessment. the commissioner of income-tax thereafter issued the impugned notice proposing to exercise his power under section 263 of the act to set aside the order on the ground that the assessing officer failed to direct himself to the directions contained in the earlier order. the above order .....
Tag this Judgment!Court : Guwahati
..... v. corporation of calcutta : 1966crilj1208 .9. we accordingly allow the appeal and convict the respondent mukul chandra deb roy under section 7 read with section 16 of the act and in the special circumstances of the case sentence him to one month's simple imprisonment and a fine of rs. 100 (one hundred only), in default, simple ..... a serious offence as no mens rea is shown to be present. all these matters were apparently considered by the legislature when they enacted section 19 of the act, whereby they adequately made provision for safeguarding the interest of an innocent salesman who sells certain items supplied to him by the trader, provided he takes the minimum ..... to him by the traders in respect of the article in question, which cash memo according to the learned magistrate satisfied the requirements of section 19(2) of the act. on these grounds the court below acquitted the respondent.4. at the outset, mr. lahiri, the learned counsel for the respondent, took the objection, that the .....
Tag this Judgment!Court : Guwahati
..... quasi-judicial in nature. the commissioner while exercising the power under section 263 is required to act justly and fairly. the power is to be exercised objectively and dispassionately and thereafter decide the same in accordance with law. the power is to be ..... the circumstances demand whenever there is any order prejudicial to the revenue. the power conferred under section 263 though discretionary in nature, the authority is required to act with objectivity and responsibility. it is not an arbitrary power which can be exercised according to the whim or fancy of the officer concerned. the power is ..... years mentioned above and completed the assessment. the commissioner of income-tax thereafter issued the impugned notice proposing to exercise his power under section 263 of the act to set aside the order on the ground that the assessing officer failed to direct himself to the directions contained in the earlier order. the above order .....
Tag this Judgment!Court : Guwahati
..... chairman of the village council has to be chosen. however, the only dispute that arises is the removal or termination of a chairman once chosen, elected or selected. the whole act is completely silent with regards to the removal/termination of a duly chosen, elected/selected chairman. though under section 9(1), (a), (b), (c), (d), (e), ..... chairman conducted by the village council. we are unable to accept the submissions of the learned government counsel for the following reasons.11. chapter-ii of the act deals with the area council which obviously consists of a member of village. the said area council also consists of elected members and elected chairman under section ..... are not sustainable in law. mr. jamir, learned government advocate, in support of the government action further submits that in view of section 22 of the said act, 1978, the control of the village council is vested in the various officers as specified in the said section and therefore, the action of respondent government is .....
Tag this Judgment!Court : Guwahati
..... the contract. a stipulation may be a condition, though called a warranty in the contract.'10. again rule 12a of the rule found under the prevention of food adulteration act prescribes the form of warranty. rule 12a of the rules provides as follows :-- (i) every manufacturer, distributor or dealer selling an article of food to a vendor shall ..... the defence adduced no evidence and the plea of the defence, is of total denial and they sought protection under sub-section (2) of the section 19 of the act. after completion of the trial, the learned chief judicial magistrate, jorhat acquitted that the added accused m/s. gopal bhander whereas the other accused i.e. the present ..... the accused-petitioner to which he pleaded not guilty. during the course of trial, m/s. gopal bhander was also impleaded as co-accused under section 20 of the act vide order, dated 7-3-2005. the impleaded accused m/s. gopal bhander on his appearance and having been explained the particulars of offence, also denied the same .....
Tag this Judgment!Court : Guwahati
..... , after further inquiry (if any) as may be necessary, may, without prejudice to any penalty to which such employer or other person is liable under this act, direct the refund to the employed person of the amount deducted, or the payment of delayed wages, together with the payment of such compensation as the authority ..... from august, 1972 to december, 1975 except for the period from december, 1972 to june, 1973. accordingly, the employee filed applications under the payment of wages act, 1936 before the learned additional deputy commissioner on different dates to save limitation. it has been pleaded that acceptance of resignation with retrospective effect is an illegality ..... . by the said order the learned court set aside the order of the learned additional deputy commissioner, cachar passed under the pay-ment of wages act, 1936, for short, 'the act'. 2. the facts briefly stated are as follows: the opposite party herein was a permanent l.d. assistant in the establishment of state transport .....
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