Court : Guwahati
..... land for public purposes and for companies and for determining the amount of compensation to be made on account of such acquisition. sections 4 to 16 of the act provides for various subjects of acquisition of land such as notification, declaration, compensation, award, enquiry and power to take possession etc. there is first a notification ..... direction of the learned single judge to the collector to re-assess the amounts due to the writ petitioners/respondents was without any jurisdiction, inasmuch as, the act does not provide for reassessment for the fact that due assessment of the land in question having been made by the concerned authorities which was duly accepted by ..... not to have been allowed to adjudicate the matter once again before this court without having first availed of the remedy provided for under section 18 of the act. mr. n.d. chullai, challenging the finding of the learned single judge has submitted that, the learned single judge has failed to take into consideration the .....
Tag this Judgment!Court : Guwahati
..... , assistant headmaster, shri mukherjee did not inform his authority about non-availability of duplicate keys. this is done in contravention of aforesaid finance department's circular and rule of c.t.r. even shri usha ranjan debbarma, l.d.c. cum-cashier failed to bring ..... about non-existence of duplicate keys of cash chest to shri mukherjee, assistant headmaster.therefore, the commission of above acts by shri ranga nath mukherjee, assistant headmaster-cum-d.d.o. and shri usha ranjan debbarma, ldc-cum-cashier of ampinagar h.s ..... gfr and rule 77 clause (ii) to (iv) of c.t.r. therefore, the commission of above acts by shri ranga nath mukherjee, assistant headmaster-cum-ddo and shri usha ranjan debbarma, ldc-cum-cashier of ampinagar h.s. school indicate ..... commission of an act which leads to the failure of absolute integrity in discharging official duties and thereby they both have violated rule 3(i)( .....
Tag this Judgment!Court : Guwahati
..... high court staff reporterguwahati, august 9,-ap.i.l filed in the gauhati high court which is a testimony (testify) how himanta biswa sarma, minister of the state for finance, planning and agriculture, assam, who has gradually become impudent because of blind support from chief minister tarun gogoi, is trying to corrupt (desecrate)even the interior of hon ..... the defence of truth in a contempt proceeding. statutory recognition of truth as a defence brought about by the amendment to section 13 of the contempt of courts act, 1971 (by act vi of 2006), though hedged in by the requirement of being bona fide and necessary in public interest, has possibly come as an answer to some over ..... of land is a fact that is not before us. the observation of lord denning in regina v. commr. of police of the metropolis, ex parte blackburn (1968) 2 wlr 1204, that the maker of an allegation must remember that the judge against whom it is directed cannot reply to the criticism levelled would be appropriate to .....
Tag this Judgment!Court : Guwahati
..... plains tribals, hill tribes, tea garden tribals, santhals, nepali cultivator - graziers and scheduled caste.sd/- s.j. duncan,secy to the govt. of assam, finance& revenue department.14. after issuance of the aforesaid notification specifying classes of people whom the government considered entitled for such protection, the south kamrup (guwahati) tribal belt ..... of section 160 of the assam land and revenue regulation, 1886 (regulation i of 1886), as amended by the assam land and revenue regulation (amendment) act, 1947 (assam act xv of 1947), government are pleased to specify the following classes of people, as classes entitled to protection contemplated in sub-section (l) of the ..... was enacted in 1886. in the original enactment, chapter-x was not there. chapter -x was subsequently added by the land and revenue amendment act, 1947 (act xv of 1947). chapter-x provides for protection of backward classes in the matter of revenue administration containing sections 160 to 171, which have also .....
Tag this Judgment!Court : Guwahati
..... at length.24. from the statements of the pws, exhibited documents and exhibited mos, it is clear that though none of the prosecution witnesses saw the very act of stabbing suddenly by the appellant-accused mutum seityaban singh to the victim moirangthem lukhoisana singh at the courtyard of the appellant-accused house, the prosecution could proved the ..... , seizure memo at exhibit p-8 we are of the considered view that the requirement/pre-requisite for utilizing the fact discovered under section 27 of the indian evidence act had been fulfilled. the apex court in modan singh v. state of rajasthan reported in (1978) 4 scc 435 held that if the (sic. evidence of) ..... inadmissible.15. the apex court also discussed the pre-requisite for utilizing the fact discovered in consequence of information received from the accused under section 27 of the indian evidence act in state (nct of delhi) v. navjot sandhu : 2005crilj3950 .16. para 121, 123, 132, 136 and 142 of the scc of navjot sandhu (supra) are .....
Tag this Judgment!Court : Guwahati
..... as under:14. it would seem that so long as the hirer is in possession of the goods they belong to him for the purpose of the act (the theft act, 1968) even though his possession is unlawful e.g. because the hire-purchase agreement has come to an end. if the owner has an enforceable right to ..... opposed to public policy the scope of interference in writ petitions in such contractual matters is practically non-existent. if agreements permit the financier to take possession of the financed vehicles, there is no legal impediment on such possession being taken. of course, the hirer can avail such statutory remedy as may be available. but, mere ..... found it difficult to extend the scheme of hire-purchase liberally to potential customers. it is, in these circumstances, that individuals and financial institutions came into picture. the finance company, in such cases, would, pursuant to a hire-purchase agreement, buy the goods from the dealer and let the same to the customer under the hire-purchase .....
Tag this Judgment!Court : Guwahati
..... objections of the borrower may also be communicated to him by the creditor as a requirement of the reasonableness and fairness in the dealings of institutional financing from the point of view of the economy of the country and the growth of healthy economy. it was recorded that the communication of reasons not ..... of india : air2004sc2371 and of the mysore high court in p. janakiram chetty, appellant v. punjab national bank ltd. new delhi and anr. respondents air 1968 mysore 56.13. mr. bhatra in reply has at the threshold challenged the maintainability of the writ petition for non exhaustion of the alternative remedy of appeal under ..... the endeavour is for realization of public money invested, any interference with the impugned action besides being unwarranted would be mutilitive of the underlying objectives of the act.15. the contrasting pleadings and the arguments have received the anxious consideration of this court. the peripheral debate bearing on the maintainability of the writ petition .....
Tag this Judgment!Court : Guwahati
..... additional posts was initiated by the second respondent during pendency of the writ appeal. because of the financial constraint all the posts could not be sanctioned by the finance department forcing the directorate to introduce the system in phased manner. it would thus be clear from the steps taken by the directorate that there was no intention ..... not exist to address any individual grievance or to protect dignity of judges. the law exists to ensure that justice is done and solely to this end it prohibits acts and words tending to obstruct administration of justice. in air 1954 journal 45, v.g. ramachandran wrote:the concept of contempt proceeding is not meant to protect ..... 8.2001 passed in civil rule no. 296 of 1997 and, therefore, they are liable to be punished for civil contempt under section 12 of the contempt of courts act, 1971 read with article 215 of the constitution of india. the first respondent is shri sashi prakash, ias, who is presently chief secretary to the govt, of tripura .....
Tag this Judgment!Court : Guwahati
..... that since the approval of the chief inspector of factories was not obtained by the executive engineer under the provisions of section 64 of the factories act, the finance department has refused to sanction payment and accordingly, the overtime wages could not be paid to the petitioner. learned government advocate also contends that merely ..... said counter affidavit, it is averred that overtime allowance cannot be paid to the petitioner because of the provisions contained in section 64 of the factories act which prohibits more than 50 hours per quarter of overtime duty, without obtaining prior approval of the chief inspector of factories. as the approval of ..... because such payments were earlier given by disregarding the provisions of section 64 of the factories act, the same cannot now be given on the basis of past .....
Tag this Judgment!Court : Guwahati
..... addressed to the director of agriculture, assam, found reiteration more comprehensively in the office memorandum dated 15.10.1980ofthe government of india, ministry of finance, bureau of public enterprises based on the policy of according preference for products of public enterprises in competition with private sector undertakings in the matter ..... was made the sole procurement agency for all kinds of agricultural implements required by the agriculture department of the state. on being approved by the finance department of assam, the government also allowed the corporation to charge a fixed margin on such inputs supplied to it for meeting its administrative ..... aaidc and approved by the cabinet on 22.03.2006, affirmed that the state government acting on the recommendations of p.k. choudhury committee on spse closed down the corporation. thereafter, the agriculture department moved the finance department for release of closure liabilities during 2006-2007. according to this respondent, the .....
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