Court : Guwahati
..... i feel it appropriate to make a recommendation to the vigilance commission/department of the state government as well as finance department to bring the erring officials to book for their illegal exercise of power and jurisdiction discussed above. ..... that except the steel almirah, other items involved, are not the included items in the assam preferential stores purchase act, 1989 (in short apsp act) and thus, the respondents are bound to follow the tender process in consonance to article 299 of the constitution ..... reference to the present budgetary provision for supply of science kit under the award of 12th finance commission, the private respondents have contended that the supply order was awarded to the assam ..... emphasis of the director in his affidavit is on the steel almirah included as one of the items under the act, 1989, but as regards the other items, he has contended that such small items in fragment could not be ..... now proceed with the matter afresh in association with the finance department and by following due procedure maintaining fair play, ..... it is in the aforesaid backdrop of the case, the grievance of the petitioner is that the respondents have acted illegally towards placing the supply orders and in not taking recourse to the laid down procedure in such matter, which according to the petitioner, resulted in their ..... 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 .....
Tag this Judgment!Court : Guwahati
..... the functions and powers of the development authority are embodied in section 8d, which reads:8-d.functions and powers of the authority subject to the provisions of this act, rules, and directions of the state government, the functions of the authority shall be to promote and secure the development of the area according to the master plan and for that purpose it may carry out or cause to be ..... in fact, as already indicated above, the projects, though financed by the central government, are projects under the golaghat master plan area and the function of the g.d.a. ..... , the projects are within the master plan and, hence, the provisions of the act and the rules made there under are attracted to the facts of the present case. ..... goswami has submitted that the documents on record clearly reveal that the projects are financed by the central government under golaghat master plan. ..... sinha, learned government advocate, has merely submitted that the state government has acted in accordance with law and in the interest of the general public in accepting the bids of the private respondents and, hence, the allotments of work in favour of the private respondents need no interference.12. ..... aforementioned, are special projects financed by the central government and that the projects do not fall under the master plan for golaghat prepared by the golaghat development authority (in short, 'the g.d.a. ..... this apart, the office memorandum, dated 15.12.03, issued by the finance (esstt. .....
Tag this Judgment!Court : Guwahati
..... about his involvement is apparently advanced as a humanitarian argument but in reality is a disguised contention the real idea is to clothe the armed forces with more power than what has been conferred by the act, the human history has been one of assumption of more and more power in the name of doing good to others. ..... we may say that as the armed forces were being given special and wide powers by the act, these were sought to be confined within essential limits, and were not contemplated ,to supplant the ordinary machinery for enforcing law and order or ..... any person arrested and taken into custody under this act shall be made over to the officer-in-charge of the nearest police station with the least possible delay, together with a report of the ..... us, there is absolutely no ambiguity in section 5 of the act which requires in clear terms that any person arrested under the act has to be made over to the nearest police station without ..... before us that chaoba singh had been arrested by virtue of the powers conferred by section 4(c) of the armed forces special powers act, 1958, hereinafter the act, that section reads:4. ..... was released, law has to be explained to the authorities who have been given the power to curtail the liberty of citizens so that they may act in accordance with law. ..... country and their services are requisitioned for maintenance of law and order when there is 'disturbed and dangerous condition'' and that too 'in aid of the civil power' as stated in section 3 of the act. .....
Tag this Judgment!Court : Guwahati
..... 75 of 1987 under section 11 (3) of the tripura land revenue and land reforms act, 1960 for correction of records, but the learned district collector dismissed the said case vide order dated 16-12-1989 although reports submitted by s.d.o ..... 3 and that the suit is barred under provision of sub-section (4) of section 11 of the act as it was not filed within the prescribed period of six months.9. ..... plaintiff-appellant in sections 93 and 95 of the act against the order passed vide ext. 2. ..... hereinbelow, the provisions embodied in section 11 of the act are reproduced for better appreciation of the question at hand :-- '11(1) all lands, public roads, lanes and paths and bridges, ditches, dikes and fences on or beside the same, the beds of rivers, streams, nallas, ..... a grant made by the government, the right to mines, quarries, minerals and mineral products including mineral oil, natural gas and petroleum shall vest in the collector whose order shall, subject to the provisions of this act, be enjoyment of such right. ..... in or over any property it claimed by or on behalf of the government, or by any person as against the government and the claim is disputed, such dispute shall be decided by the collector whose order shall, subject to the provisions of this act, be final. ..... made it abundantly clear that the existence of a specific question of law is the sine qua non for the exercise of powers by the high court under section 100 of the code of civil procedure as amended by the amendment act, 1976. .....
Tag this Judgment!Court : Guwahati
..... he supported this conclusion by the argu-ment that if the legislature had intended deliberately to provide that an order of detention by a district magistrate acting as a delegate as distinct from an order under section 2 (2) should remain in force for six months, it would have been easy to word the ..... the provincial government, if satisfied with respect to any particular person that with a view to preventing him from acting in any manner prejudicial to the public safety and the mointenance of public order it is necessary so to do, may make an order(a) directing that he be detained;2, a district magistrate may exercise the power conferred by clause (a) of sub-section (1) ..... in that case he would have felt no difficulty in holding that district magistrate whether he was acting by virtue of the powers conferred by the proviso or by virtue of the powers delegated to him under section 9 he could not pass orders of detention for a period exceeding two months, he further thought if as a result of ..... he has held that the powers of a district magistrate even when acting as a delegate of the provincial government are still limited by the provisions of section 2 (2) of the act, and that an order of detention passed by him is not valid for a ..... great esteem and i have, therefore, felt considerable hesitation in expressing a contrary opinion; but in all humility and with deep respect i venture to observe that a district magistrate acting under the act need not have two capacities at all. .....
Tag this Judgment!Court : Guwahati
..... him or any earlier sale thereon or, as the case may be, in respect of the purchase of which, by him or any earlier purchase thereon a tax is payable under the act or under the assam sales tax act, 1947, or under the assam purchase tax act, 1967, the superintendent may, subject to sub-rule (3), on application pay to such dealer by way of drawback, set-off or refund an amount equal to the tax paid under ..... any of the aforesaid acts in respect of raw materials so used on production of a certificate in form xv from the director of industries, government of assam, or any other officer authorised by him in this behalf to ..... the extraordinary assam gazette of the same day reading :in exercise of the powers conferred by sub-section (1) of section 39 of the assam finance (sales tax) act, 1956 (assam act xi of 1956), the governor of assam is pleased to make the following rule for the purpose of carrying into effect the said act as amended, namely :-the assam finance (sales tax) (fourth amendment) rules, 19711. ..... conferred by section 39 of the assam finance (sales tax) act, 1956 (assam act xi of 1956), the governor of assam, after previous publication and on consideration of the objections and suggestions, is pleased to finalise the assam finance (sales tax) (amendment) rules as ..... finance (sales tax) act, 1956 (hereinafter called the act .....
Tag this Judgment!Court : Guwahati
..... such request made by the deputy commissioner was followed by communications under uo no.com/cm/7/2q04/25 dated 12.2.2004 addressed to the commissioner & secretary, finance department by the commissioner & secretary to the chief minister communicating the desire of the chief minister to cancel the transfer order in respect of respondent ..... the recommendation made by the deputy commissioner found favour with the chief minister who incidentally is also holding the portfolio of finance minister under whose control the treasury offices fall, no fault can be attributed towards issuance of the impugned order. ..... , kamrup also addressed another letter to the commissioner & secretary, government of assam in the finance department on 3.2.2004 making the same very request on the grounds specified in the letter. ..... letter are quoted below : 'to the commissioner & secretary,to the govt, of assam,finance department, dispur, guwahati-781006 sub : request to review the transfer order. ..... (1) you are aware that the kamrup treasury is the biggest treasury in assam, and acts as a central treasury of stamps for entire assam, where stamps of crores of rupees are handled, it will be difficult to manage with the new and inexperienced hands if both the treasury officers are released at the ..... the kamrup treasury is the biggest treasury in assam and acts as central treasury of stamps for entire state of assam handling with crores of rupees of stamps and confidential materials of upsc/staff selection commission .....
Tag this Judgment!Court : Guwahati
..... 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 ..... if by contumacious words or writings the common man is led to lose his respect for the judge acting in the discharge of his judicial duties, then the confidence reposed in courts of justice is rudely shaken and the officer need be ..... regard to the aforesaid position, it was observed in the judgment that the respondents did not act due diligence in the matter and in the process the petitioner was made to suffer. ..... now leads us to the question as to whether the respondents should be awarded with the punishment as prescribed under section 12 of the contempt of courts act, 1971 or should be exonerated upon acceptance of the apology tendered by them in their affidavits. ..... in the instant case the deponent has acted as per the direction/order of the deputy commissioner from time to time and therefore there is no wilful or deliberate violation of the order passed by this hon'ble court ..... government servant shall in the performance of his official duties, or in the exercise of power conferred on him, act otherwise than in his best judgment.47. ..... the said two officers acted in the matter in a manner unbecoming of a government servant unmindful of the fact that they are not absolved from their duty to exercise their personal judgment having regard to the clear direction of this .....
Tag this Judgment!Court : Guwahati
..... yadaorao jagannath kumbhare reported in air 1999 sc 3084 : 1999 (8) scc 99 wherein in the last part of the paragraph 8, the apex court observed:'while interpreting the provisions section 21 of the act, the high court has lost sight of the general principle of the service jurisprudence that in the absence of any statutory rules governing the service conditions of the employees, the executive instructions and/or decisions taken ..... supplier on november 19, 1998 without observing the lending norms set by the bank in this regard.as per the papers submitted by the party himself, it reveals that the party had never required for any bank's finance rather his own funds/capital were quite sufficient to meet his own projected turnover/financial requirements and achieved the projected profit. ..... (a) shri nabiruddin ahmed, while working as branch manager at thanachariali branch has committed the following acts of omission and commission:(1) shri nabiruddin ahmed, gave a false introduction of some persons to open their new hss accounts with the bank's ..... as a result of this the culprits succeeded in perpetration of fraud by opening fake accounts and later on they utilized these accounts to encash stolen refund orders of itc classic finance ltd. ..... subsequently the culprits could get encashment of several refund orders (stolen) of itc classic finance ltd. ..... as a result of this, the culprits succeeded to open their fake accounts and later on they could encash stolen refund orders of itc classic finance ltd. .....
Tag this Judgment!Court : Guwahati
..... , as indicated above, the petitioner company, contending, inter alia, that optical fibre, cables and accessories do not fall within the purview of the taxable goods as described under entry 4 of the schedule to the act of 2001 and, hence, the petitioner company was not liable to pay entry tax on the said items and that the threat of invoking the bank guarantee by the respondent no. ..... counsel, appearing on behalf of the oil is concerned, his submission is that if this court holds that optical fibre, cables and accessories are not taxable items under the act of 2001, the respondent company may be given the liberty to realize the amount deposited by them with the state respondents in order to avoid penal charges. ..... dated 21.11.2003, issued in exercise of its powers under section 3(3) of the act of 2001, the government of assam, finance (taxation) department, granted exemption from payment of entry tax by the respondent no. ..... dubey has submitted that optical fibre, cables and accessories are covered by entry 4 of the schedule to the act of 2001 inasmuch as sound transmitting equipment would embrace, within its sweep, the optical fibre, cables, joining box, termination box, joining kits which are nothing but paraphernalia of transmitting/receiving devices ..... but the word 'include' is susceptible of another construction, which may becomes imperative, if the co-text of the act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the .....
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