Court : Guwahati
..... prescribed ceiling limit, the deputy commissioner, golaghat in the t.l.c. case no.38 of 1971-1972 in september 1992 (annexure-b), passed order under the assam fixation of ceiling on land holdings act, 1956 (hereinafter referred to as the ceiling act) and 730 bighas 2 kathas 12 lechas of the t.e. land was declared as ceiling surplus ..... the petitioners review application should not have been ordered for their failure to object to the draft statement in the year 1992. 9.3 the petitioner refers to section 2 of the ceiling act to project that land used for ..... land taken over from the petitioner. 9.2 the senior counsel argues that when the draft and the final statement didnt take into account, the retainable land used for ancillary purpose, the final determination of the ceiling surplus land is contrary to the ceiling act and since there can be no estoppel against the law, the rejection of .....
Tag this Judgment!Court : Guwahati
..... dated 21-3-1998 (annexure a/4) and also for a direction to the respondents to dispose of his representation dated 5-12-1997 (annexure a/3).2. the respondent no. 2, superintending engineer, national highway circle, pwd, govt. of manipur invited tenders from special class contractors to quote rates for road work on n. h. 39, ..... . however, it must be clearly stated that inherent limitation in exercise of that power of judicial review. the govt. is the guardian of the finance of the state. it is expected to protect financial interest of the state. mr. nandakumar singh consequently submits that in the instant case the respondents 1 and ..... the second lowest tenderer, shri n. kumar meitei, respondent no. 4. having felt aggrieved by the action of the respondent no. 2 in issuing the work to the second lowest tenderer, the petitioner has filed the present writ petition.3. it is stated that the respondents have acted arbitrarily in rejecting the lowest rate of the petitioner for implementation .....
Tag this Judgment!Court : Guwahati
..... 1999 respectively. at the same time, the state government too, being aggrieved by the finding, that rule 3a(2) has been held ultra vires the tst act and that the impugned memorandum has been struck down, has preferred the appeals, namely, writ appeal nos. 41 of 2002, 42 of 2002, 43 of 2002, 44 of 2002 and 45 of 2002, which have ..... and natural gas corporation [2002] 126 stc 66 (gau) passed in civil rule nos. 546 of 1996, 497 of 1998 and w.p. (c) nos. 487 of 1999, 488 of 1999 and 320 of 2000, the learned single judge held that rule 3a(2) is ultra vires the tst act; hence, the impugned memorandum was accordingly struck down. though the impugned memorandum was ..... appropriate changes in the provisions of section 3, which is the charging section, no person, who transfers the right to use any goods for any purpose, can be held liable to pay sales tax under the tst act. what also crystallizes from the above discussion is that rule 3a(2) is, in the light of the discussion held above, ultra vires the .....
Tag this Judgment!Court : Guwahati
..... made by the officers of the respondents a sum of rs. 39.71 lakhs was worked out as the total project cost. the means of finance which was approved by the respondent nos. 2 and 3 consisted, in addition to the term-loan of rs. 22.75 lakhs, an amount of rs. 8.11 lakhs as promoters contribution and ..... municipality. on getting the assurance of concession the company expanded its activities. but subsequently the ulhasnagar municipality which came into existence due to the enactment of maharashtra municipalities act and it sought to levy octroi duty and to recover from the company. in view of this fact the supreme court set aside the order of the high ..... required tocarry out the promise, the court would have tobalance the public interest in the governmentcarrying out a promise made to a citizen which hasinduced the citizen to act upon it and after hisposition and the public interest likely to suffer ifthe promise were required to be carried out by thegovernment and determine which way the equitylies .....
Tag this Judgment!Court : Guwahati
..... now that the h. c. in assam is precluded from exercising its jurisdiction under article 227(1) by reason of the provisions contained in section 17 (3), assam act. no provision contained in any local or special law if it conflicts with an express provision contained in the constitution can have any force or validity. section 17 (3) cannot, ..... . of a mag. so empowered can pass any sentence authorised by the aforesaid sections respectively notwithstanding anything contained in the cr. p.c. 1898. there is no express provision in the act itself providing for appeals against orders of conviction passed for offence under chap. tv of section 18; nor is there any provision allowing the h c. to ..... the legislature was the fact that the person against whom an order of externment was to be made had no right whatever in his defence. it was under these circumstances that the issue of an externment order under section 2 (1) (b), bombay act vi (6) of 1947 was held void. this case was heard by a p. b. of .....
Tag this Judgment!Court : Guwahati
..... council authorities leaving the jurisdiction and control of only reserved forests to the state of meghalaya. on 24-3-1987 an order was passed by the respondent no. 2 i.e. conservator of forests, central assam circle prohibiting the movement of timber from meghalaya through the state of assam without transit passes issued by the ..... v. h. sanjeeviah). that was a case under the mysore forest act. by section 37 of the act the state govt. was authorised to make rules to regulate the transit of forest produces. by rule 2 framed on october 13, 1952 it was provided that no person shall import forest produce into, export forest produce from, or move ..... j. 1. civil rule no. 455 of 1987 has been filed by south kamrup (meghalaya) timber merchant association, mirza. it is a registered body under the societies registration act, having its registered office at mirza. it was registered in the year, 1986. the members of the petitioner association are detailed in annexure-ii to the writ application and .....
Tag this Judgment!Court : Guwahati
..... agricultural income from the scope of total income assessable. agricultural income for the purposes of , the indian income-tax act is defined in section 2 (1) of the act.12. the central government has no power to tax agricultural income. under the government of india act, 1935, it was excluded from the ambit of the jurisdiction of the central legislature. agricultural income was one of ..... the purposes of the enactments relating to indian income-tax.11. agricultural income-tax, according to the act, means tax payable under this act. under section 3 of the act, agricultural income-tax is chargeable at the rate or rates specified in the annual assam finance acts subject to the provisions of section 6 for each financial year in accordance with and subject to the .....
Tag this Judgment!Court : Guwahati
..... the passing of the final order dated 31-10-2001 are yet to attain the finality.3. the petitioner, a company registered under the companies act, 1956, represented by the petitioner no. 2 is engaged in the business of manufacture and sale of plywood products. formerly the company was known as sudarsan plywood industries ltd. (spi) ..... natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged.37. in the instant case, learned counsel for the petitioner emphasized on the principle no. (ii). apart from the fact that to attract this principle in the given fact situation of the present case, the ..... should be dropped and the chapter be closed being barred for adjudication.11. the petitioner reiterated their contention by appearing before the respondent no. 2 on 14-3-2001 and the respondent no. 2 i.e. the commissioner, central excise recorded the proceeding vide annexure-13 record of personal hearing to the effect that all the three .....
Tag this Judgment!Court : Guwahati
..... learned additional district judge (court no. 2), west tripura, agartala in the title suit being t.s. (probate) no. 01/1999 refusing to grant the probate/letters of administration to the appellants in respect of the will in question.2. the appellant no. 1 filed the petition under section 276 of the indian succession act, 1925 for grant of ..... wife shall have right to reside there according to her choice for her whole life thereon. the execution of this clause shall depend on the arrangement of finance and the trust will see that the fitting financial arrangement are made with specific programme made out based on the financial ability of the dainik sambad. (h ..... . for all the aforesaid reasons, conclusions and findings, the impugned judgment dated 24.5.2006 passed by the learned additional district judge, west tripura, agartala (court no. 2) is set aside and quashed. the appeal is allowed. the letters of administration as was prayed for, by the appellants stands granted. the matter shall now go .....
Tag this Judgment!Court : Guwahati
..... and he 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 matter on point.19. mr. k ..... .n. choudhury, learned counsel for the respondent no. 2 while adhering to the stand that the petitioner .....
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