Court : Guwahati
..... in respect of alleged non-compliance of the order passed by this hon'ble court. the deponent upon receipt of the requisitions has taken up the matter with the finance department and upon receipt of the foc released the ceiling and thereafter no further requisition or correspondence was received by him. the deponent personally is not concerned with the ..... requisitioned on 21.02.05. be it stated here that the vehicle was purchased by the petitioner at the cost of rs. 2,25,000/- through finance company, namely m/s. tata finance ltd. and the same was utilized as a tourist taxi from guwahati to shillong and back.6. it is on record that the vehicle was requisitioned ..... immediately released the fund as per the requisition placed by the respondent no. 2 on receipt of the clearance from the finance department. as regards the respondent no. 3, it was submitted by mr. dutta that he only acted as per the direction of the respondent no. 2 and that there was no independent exercise of any discretion in the .....
Tag this Judgment!Court : Guwahati
..... the aforesaid inference could be drawn. however, clause 10.2 of the nit dated february 22, 2002 has to be in consonance with the statutory provisions of the finance act which imposes limited liability upon the assessee to collect the service tax from the consumer and pay to the department.12. according to the learned counsel for the ..... are not liable to reimburse the service tax.8. shri p.k. biswas, learned asstt. s.g., submitted that since the writ petitioner is an assessee under the finance act, 1994 being service provider, it is his liability to pay the service tax. however, learned asstt. s.g. submitted that whether the writ petitioner is entitled to get ..... no. agtatpt/lv geeps)/10/2002 dated february 22, 2002. on the basis of the same nit further work orders were also issued in subsequent years.2. under the finance act, 1994, chapter v was inserted introducing the concept of 'service tax'. cab providers were also brought within the purview of service tax with effect from july 16, 1997. .....
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
..... seventh plan. necessary steps should be taken now itself to ensure that the liability during the eighth plan gets treated as committed expenditure by the ninth finance commission. the central assistance is contingent upon the state governments and/or local bodies and/or the local community taking responsibilities as spelt out in ..... employment has come to an end or of adhoc employees who by the very nature of their appointment, do not acquire any right. the high courts acting under article 226 of the constitution, should not ordinarily issue directions for absorption, regularization or permanent continuance unless the recruitment itself was made regularly and in ..... constitution, for free and compulsory education for all children until they complete the age of fourteen years,has also been substituted by the constitution (86th amendment) act, 2002 by the following provision:provision for early childhood care and education to children below the age of six years -- the state shall endeavour to .....
Tag this Judgment!Court : Guwahati
..... 20 months. that apart, it is also on record that the provident fund dues for 73 months and lic premium for 76 employees could not be deposited for want of finance. all these are undisputed facts born out of the record. moreover, the deliberation of the members in the general meeting of the publication board held on 06.12.99 as ..... be in the form of declaration of opinion or a recommendation or may be in the form so as to record either approval or disapproval of the house of an act of policy of the govt., or to convey a message or recommend, or any such other form as the authority may consider appropriate, such a resolution can be adopted on ..... talukdar @ narendra chandra talukdar in w.p.(c) no. 3027/05 were compulsorily retired with effect from 31.05.04 with one month's notice plus gratuity as per gratuity act payable under the salary head as an employee of the board including cpf etcs.9. the background of the aforesaid facts that emerge from the pleadings as well as from .....
Tag this Judgment!Court : Guwahati
..... the result of arbitrariness, unreasonableness and favouritism, is set aside and quashed. the respondents shall now proceed with the matter afresh in association with the finance department and by following due procedure maintaining fair play, transparency and reasonableness.66. the writ petition is allowed leaving the parties to bear their own costs ..... rules and procedure in force. it was indicated that upon failure to do so, same would attract the provisions ofafrbm act, 2005. there is also nothing to indicate that the finance department of the government of assam was actively associated in the decision making process which was necessary considering the fact that ..... they flouted all the norms and principles relating to distribution of state largesse. instead of acting as a guardian of the finance of the state and the protector of the financial interest of the state, all the respondents acted in collision towards defrauding the public money.50. the director of elementary education, assam .....
Tag this Judgment!Court : Guwahati
..... railway stations and the yatri niwas, are essential components of the government machinery which carries on the commercial activity. if any of such employees commits an act of tort, the union government, of which they are the employees, can, subject to other legal requirements being satisfied, be held vicariously liable in damages ..... bihar, reported in : 1983crilj1644 , the state was made liable to pay compensation for causing to the victim, while in custody, injuries, which amounted to tortious act committed by state's employees. the apex court pointed out, in chairman, railway board (supra), that where public functions are involved and the matter relates to ..... is possible? what is the rule of 'strict liability'? how does 'strict liability' differ from tortious liability, ordinarily, arising out of neglect, fault or wrongful act all these questions have arisen out of applications, made under article 226, seeking compensation for the death of, or injuries caused to, persons in the accidents .....
Tag this Judgment!Court : Guwahati
..... the findings of fact. this judgment was rendered in the context of interpretation of section 100 of the code of civil procedure. in cit v. a. raman and co. : [1968]67itr11(sc) relied upon by the commissioner of income-tax (appeals), it has been made clear by the hon'ble supreme court that the law does not oblige a trader ..... that effect whether before or after the 18th day of june, 1980, being the date of introduction of the finance (no. 2) bill, 1980, shall be null and void ;(b) such family shall continue to be liable to be assessed under this act as if no such partial partition had taken place ;(c) each member or group of members of such ..... the appellant-hindu undivided family. reference made, in this regard, to the case of v. d. dhanwatey v. cit reported in : [1968]68itr365(sc) , by mr. agarwalla, is also not misplaced inasmuch as in v. d. dhanwatey : [1968]68itr365(sc) , the apex court observed and held as follows (page 369):the general doctrine of hindu law is that property acquired by .....
Tag this Judgment!Court : Guwahati
..... central excise, to the petitioner, whereby the petitioner-company has been asked to get itself registered under section 69 of the finance act, 1994 (hereinafter referred to as, 'the finance act, 1994'), inasmuch as the petitioner-company has been, according to respondent no. 3, 'providing commercial or industrial construction service ..... establishment would not be subject to 'service tax'.33. the clarification offered under the abovementioned circular, shall be applicable even after amendment of the finance act, 2005, whereby 'construction service' includes construction of 'residential complex'. thus, construction of 'residential complex' has also been brought within the purview ..... for commerce or industry, but does not include road, airport, railway, transport terminal, bridge, tunnel, long-distance pipeline and dam.19. by the finance act, 2005, the definition of 'construction service' was amended. with the amendment, so introduced, section 65(30a), now, reads as under:(30a) 'construction .....
Tag this Judgment!Court : Guwahati
..... the crime. the identification proceedings are in the nature of tests and significantly, therefore, there is no provision for it in the code and the evidence act. it is desirable that a test identification parade should be conducted as son as after the arrest of the accused. this becomes necessary to eliminate the ..... statements being self-contradictory, the magistrate recording confessional statement failed to observe the procedural rituals in recording of confession. recording of confessional statements is a solemn act of a magistrate and due care must be taken to eliminate the apprehension from the mind of the accused scrupulously following the provisions of section 164, crpc ..... accused appellants is not a tip in the eye of law and, in fact, it was conducted in utter violation of section 9 of the evidence act. the learned counsel submits that the accused appellants were arrested on suspicion and though the prosecution examined a large number of witnesses including documentary evidences, the .....
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