Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: guwahati Page 22 of about 498 results (0.056 seconds)

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

..... appeal may be preferred by him to that court under section 30 or sub-section (2) of section 31. 37. there is no provision in the aft act or the rules made thereunder making the limitation act, 1963, applicable. there can, therefore, be no manner of doubt that the learned aft could not have entertained the application seeking rectification/correction ..... 97. in the light of the contents of the anonymous letter and the terms of reference, respondent no. 6, acting as the presiding officer of the court of inquiry, ought to have taken recourse to the provisions of rule 156(2) and given full and effective opportunity to the petitioner to defend himself. however, throwing to the wind ..... 22.11.1992, issued by the ministry of defence, govt. of india. (xxv) though respondent no 6, acting as presiding officer of the court of inquiry, was required to invoke the provisions of para 790 and rule 156(2) of the air force rules and give full and effective opportunity to the petitioner to defend himself, the .....

Oriental Insurance Co. Ltd, New Delhi Vs. M/s. Silk Point, A Proprieto ...

Court : Guwahati

..... issued in favour of insured and nor any additional premium was paid by the insured to cover this type of damage caused i.e. due to terrorist act , and hence no benefit of the policy could be claimed by the insured against the appellant in relation to the damage caused to his shop and goods kept therein and hence ..... in selling assamese cloth such as pat, muga, assam silk etc. with the loan taken from the respondent no. 2 (punjab national bank, mahabir market,guwahati-1) in the year 2005. as required by the bank-respondent no.2, the respondent no.1 duly insured his shop and the goods stocked therein with the appellant (insurer) in accordance with the tie ..... the principles for construing a beneficent legislation such as insurance law also came up for consideration before the apex court in skandia insurance co. ltd. v. kokilaben chandravadan, (1987) 2 scc 654, which was subsequently followed in b.v. nagaru case (supra), wherein it was held at para 7 of the judgment: (scc pp.650-651, para 7) .....

Smt. Minakshi Das Vs. Md. Nur Azam Ali and anr.

Court : Guwahati

Reported in : 2009CriLJ4748

..... criminal misc. application under section 439(2) of the code of criminal procedure, 1973 (act no. 2 of 1974) (for short 'cr. p.c.'), the petitioner (mother of the victim girl) is asking for a direction for cancellation of the pre-arrest bail granted by the learned sessions judge, goalpara vide order dated 2-1-2009 for a indefinite period ..... in miscellaneous case no. 939/2008 under section 438 ..... regular bail after surrendering to custody before the concerned court which shall deal with the application in accordance with law. we express no option about the merits of the case.24. respondent no. 2 would surrender to custody as required in law so that his application under section 439 of the code can be taken for disposal .....

Shallang Area Coal Dealer and Truck Owner Association and Etc. Vs. Sta ...

Court : Guwahati

Reported in : AIR2010Gau11

..... rendered. none of these factors appear to have received the attention of the state of meghalaya, twenty years after the enactment of the motor vehicles act no rules contemplated under the act are made in the state of meghalaya.33. we, therefore, direct the state of meghalaya to make appropriate rules in accordance with law after ..... the rules for installation, regulation and operation of weighbridges in meghalaya and in exercise of the power conferred by section 138 sub-section (2)(b) of the central motor vehicles act, 1988, the governor of meghalaya is pleased to direct that the following procedure be followed in the matter of installation and operation of ..... shall, from the income derived by it, pay to the government annually such contribution not exceeding five per centum of its income as may be prescribed. (2) every religious institution, the annual income of which for the fasli year immediately preceding as calculated for the purposes of the levy of contribution under sub-section .....

M/S. K.K. Chire Vs. the State of Nagaland and Others

Court : Guwahati

..... responsibility of the state respondents to give wide publicity. 18. it is also to be noted that the central government is financing 90% of he project. in view of the clause 8 of the said sanction order, a view may be taken ..... was not published, it is asserted that the notice inviting tender was displayed in the notice board of the respondent no.2 as well as was dispatched to the concerned division for information of the interested bidders and while the petitioner had ..... writ petitioner to challenge the work order issued in favour of respondent no.4 as the writ petitioner is also executing a similar work under the same tender process, which is financed by the doner and that the said work had been allotted ..... act, 2005 on 19-5-2011, the petitioner was furnished with an undated power of attorney, which has been annexed as annexure-ix to the writ petition. it is in this context that the learned senior counsel submits that affidavit filed on 9-8-2011 is a false affidavit sworn by the respondent no.2 .....

Kanailal Bhattacharjee Vs. Mrs. Bhajana Biswas and Another

Court : Guwahati

..... and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. 24. no doubt section 138 of the act does not require that the notice should be given only by post. nonetheless the principle incorporated in section 27 (quoted above) can profitably be imported in a ..... p.c. and on call the accused examined herself as d.w.3 and also examined two more witnesses, namely d.w.1 purabi majumder and d.w.2 shambu charan das. no documentary evidence was adduced. 6. learned magistrate considering the evidence on record held that the complainant failed to prove service of notice on the accused as required ..... support of his contention, learned counsel referred the following case laws: (i) k. bhaskaran v. vaidhyan balan and anr. reported in air 1999 sc 3762 : (1999) 7 scc 510, (ii) v. raja kumari v. p. subbarama naidu and anr. reported in air 2005 sc 109 (iii) m/s indo automobiles v. jai durga enterprises and ors. reported in air 2009 .....

G. Sree Kumar Vs. Sri Tushar Bhadra

Court : Guwahati

..... made m/s leafin india ltd., a non-banking finance company incorporated on 27.3.86 and having 36 branches, as accused no.1, represented by the managing director of the company. the accused no.1 is in the business of leasing and hire -purchase of consumer durables. the accused no.2 in the complaint was the managing director of the company ..... jurisdiction to quash complaints under section 482 of the code, have been stated. it is further submitted by him that the complaint does not disclose that any criminal act was done in furtherance of any common intention. the learned counsel drew my attention to a letter dated 18.3.2000(annexure-5) to the revision petition issued ..... that the audit report dated 1.10.98, which is alleged to be a fabricated document, is circulated by the accused no.1, who is represented by the managing director of the company. no overt act is attributed to the petitioner either in preparation or in circulation of the aforesaid audit report. similar is the position with regard .....

Drillmec S.P.a Vs. Oil India Limited and Others

Court : Guwahati

..... made by the authority is malafide or intended to favour someone or when the process adopted or decision made is so arbitrary and irrational that no responsible authority acting reasonably should have reach such decision and such decision affects the public interest, the petitioner is not entitled to the relief claimed in the writ ..... process adopted or decision made is so arbitrary and irrational that the court can say: the decision is such that no reasonable authority acting reasonably and in accordance with the relevant law could have reach? and (ii) whether the public interest is affected. if the answers to the aforesaid test are in negative then there should ..... be no interference under article 226 of the constitution of india. 67. the apex court, in the said case, referring to .....

Smt. Bhabani Debnath and Others Vs. the State of Tripura

Court : Guwahati

..... fir except a rhetoric statement by a hearsay witness. there is nothing in the fir as regards the insult as alleged in the finance house or on yielding to the instigation to commit suicide. there is no proof of instigation in the entire evidence except the said rhetoric statement without any basis admissible in the evidence. that is perhaps the ..... person, abets the doing of a thing when (1) he instigates any person to do that thing; or (2) engages with one or more other persons in any conspiracy for the doing of that thing; or (3) intentionally aides, by act or illegal omission, the doing of that thing. these things are essential to complete abetment as a crime. the ..... attempts to cause of procure, a thing to be done, is said to instigate the doing of that thing. explanation 2._ whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that .....

Smt. Renubala Nama and ors. Vs. Smt. Renubala Das

Court : Guwahati

..... materials and grounds to interfere with the concurrent judgments. consequently, both the impugned judgments/are hereby set aside. the court of civil judge no. 2, agartala, west tripura is directed to decide title suit no. 214 of 1983 afresh by giving opportunity to both the parties to adduce evidence.17. in the result, the appeal stands allowed. the ..... observations of the chief justice of house of lords of england, referred to in the aforesaid judgment are as follows (paras 1 & 7):fraud avoids all judicial acts, ecclesiastical or temporal' observed chief justice edward coke of england about three centuries ago. it is the settled proposition of law that a judgment or decree obtained ..... since there was additional prayer to declare the sale deeds of the defendant/respondent as illegal and void. according to the learned counsel under order xiv, rule 2(2) cpc, the courts are obliged to pronounce judgments on all the issues. the only exception to this general rule is that a suit may be disposed of .....