Court : Guwahati
..... 9.2000 and 2.8.2001 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 ..... 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 ..... non-introduction of the three-shift duty system within any period of time cannot by itself be termed to be an act of civil contempt within the meaning of clause (b) of section 2 of the contempt of courts act, 1971. if the state government can reduce the duty hours otherwise without introducing the three-shift duty system, the same .....
Tag this Judgment!Court : Guwahati
..... respondents submits 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 ..... .in the 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 ..... contends that merely because such payments were earlier given by disregarding the provisions of section 64 of the factories act, the same cannot now be given .....
Tag this Judgment!Court : Guwahati
..... closure of 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 government has ..... dues of their employees from their own resource generation. clause 9 thereof having a definitive bearing on the present adjudicatory process deserves to be extracted:9. a section of employees of some slpes who may be absorbed in the state govt. departments, will not be entitled to the vrs package. however, for the period ..... scheme with no discretion to them to avoid the mode of exit from the services as prescribed thereby. to the contrary, the scheme comprehends that a section of the employees of the corporation may be absorbed in the state departments and for those adopting that course, they would not be entitled to the benefits .....
Tag this Judgment!Court : Guwahati
..... is released from detention was of the further opinion that the petitioner's husband should be detained for a maximum period of 12 months as provided under section 13 of the said act. accordingly, the govt of manipur was pleased to confirm the said detention order and further fixed the period of detention for 12 months from the ..... of india and ors. reported in : 1990crilj1232 ,(4) kamarunnissa v. union of india and anr. reported in : 1991crilj2058 .(5) amritlal and ors. v. union govt through secretary, ministry of finance and ors. reported in (2001) 1 scc 341.(6) t.v. sravanan @ s.a.r. prasanna venkatachaariar chaturvedi reported in : 2006crilj1619 and(7) a. shanthi (smt.) v. govt ..... 1 issued order being no. cril/nsa/no. 8 of 2007 dated 12.4.2007 for directing the petitioner's husband to be detained under section 3(2) of the national security act, 1980 until further orders. under the said order dated 12.4.2007 the detaining authority was satisfied that it is considered necessary to detain the .....
Tag this Judgment!Court : Guwahati
..... that since the representations have not been disposed of in terms of the constitutional mandate as enshrined under article 22(5) of the constitution of india and under section 8 of the act, inordinate delay in disposing of the representation vitiates the detention of the detenu whereby his liberty has been curtailed as guaranteed under article 21 of the constitution ..... pursuance to order no.cb.30/07/6 dated 23.8.2007, i am to inform you that you have been detained under the provisions of sections 3(1) of the said act on the following grounds:that you joined the anvc in 1999 an extremist organization which was working against the state and its people and look arms training ..... you had master minded the extortion. this refers to tura p.s. case no. 60(7)/06 under section 384/511 ipc.2. on 20.3.07 at around 1430 hrs one shri bitupan sharma c/o mahindra and mahindra finance service, guwahati, assam was kidnapped by you from sundar complex/hotel at gun point and subsequently committed robbery and .....
Tag this Judgment!Court : Guwahati
..... a conviction on the appellant.10. it is true from the evidence brought on record by the prosecution that the appellant was not a person with whom the finances of the family could be trusted with. we say this from the material on record which shows that the appellant's own father when he purchased the house, ..... other two accused persons. the trial commenced, during the course of trial 10 witnesses were examined including the doctor and the investigating officer.5. accused was examined under section 313 cr.p.c. no defence evidence was adduced either oral or documentary. defence case is of one denial. at the conclusion of the trial, learned sessions judge ..... cannot receive any acclamation from the court and inspire confidence in the mind of the court. that he was the witness of the occurrence and had seen the acts that resorted by the appellant on the alleged date of occurrence is beyond the scope acceptance. learned counsel for the appellant, therefore, taking these inconsistencies in the .....
Tag this Judgment!Court : Guwahati
..... in the official gazette to specify the conditions under which the new industrial units would be entitled to exemption provided under the concession act. the said section prescribes for a period of five years from the date of commencement of production in such new industrial unit, for entitlement of benefits envisaged ..... mr. o.r bhati, the learned counsel for the petitioner submits that the revisional authority was not competent to exercise his jurisdiction under section 36 of the sales tax act, inasmuch as the said power cannot be exercised to correct some error committed by the assessing authority. the learned counsel further contended that ..... dubey, learned counsel appearing on behalf of the respondent state.2. the petitioner who is a dealer under the assam finance (sales tax) act, 1956 (since repealed), hereinafter, referred to as 'the 1956 act' was registered with the sales tax authorities for the purpose of taxation initially as a partnership concern. thereafter, the partnership .....
Tag this Judgment!Court : Guwahati
..... insurer even in an appropriate case, for, neither regina begum (supra) nor gauri roy (deb (supra) has held anywhere that 'on grounds other than mentioned under section 149 (2) of the mv act, 1988', a writ petition, at the instance of the insurer, under articles 226/227, is maintainable. there was, we point out with utmost reluctance, no ..... of challenge cannot be enlarged by filing a petition under article 226 or 227 of the constitution of india on the premises that the insurer has, under section 149 (2) of the act of 1988, limited grounds available for challenging an award given by a claims tribunal.'13. following the decision rendered in sadhana lodh. : [2003]1scr567 ( ..... justice. let us also take the instance, when a finance of a deceased, who met with an accident, raises a claim for compensation on the ground that she was dependent on the deceased. though no right of compensation is available under section 166 of the m.v. act to a person unless he or she is a legal representative .....
Tag this Judgment!Court : Guwahati
..... by way of addition to schedule to the act, certain goods as 'specified goods' including cigarette, churat, khaini, gudka, smoking ..... on the specified goods, which formed subject-matter of the writ petitions, by upholding contention that the provisions of sub-section (4) of section 3 of the 2001 act having suffered from the vice of excessive delegation, same having empowered the state government to add by issuing notification, new ..... act, there is no presidential sanction/assent to the amendments made.5. a number of petitions, by various writ petitioners, came to be filed challenging the legality and validity of various notifications issued by the government of assam, finance (taxation) department, in exercise of powers conferred under sub-section (4) of section 3 of the impugned act .....
Tag this Judgment!Court : Guwahati
..... income diverted by overriding title ceased to be the income of, the partner as intended under section 10(2a) ?12. to appreciate the above contention, we may refer to the scheme of the indian it act, 1922, prior to: its amendment by the finance act, 1956. the scheme recognizes two kinds: of firms unregistered and registered firms. in the ..... thereof were also taxed in their individual assessments as before in respect of their share of income from the firm. this position continued till 31st march, 1993. the finance act, 1992, introduced wide changes in respect of assessment of income of the firms w.e.f. 1st april, 1993. the changed position applicable to the asst. ..... upon a number of decisions of the apex court in a. v. fernandez v. state of kerala : [1957]1scr837 ; j.k. steel ltd. v. union of india : 1978(2)elt355(sc) ; member secretary, andhra pradesh state board for prevention and control of water pollution v. andhra pradesh rayons ltd. : air1989sc611 , aphali pharmaceuticals ltd. v. state of .....
Tag this Judgment!