Court : Guwahati
..... from no. 126 sadiya legislative assembly constituency (for short sadiya, 'lac') is void under the mandate of section 98(b) read with section 100(1)(b) and section 100(1)(d)(iii) and (iv) of the representation of the people act, 1951 (for short, 'the act').2. the factual matrix of the case, as has been emerged from the pleadings of ..... the rival parties, is that the petitioner contested the last genera] election to the assam legislative assembly held in the month of may, 2001 from sadiya lac as a candidate of the indian national congress (i) when the respondent no. 1 contested as ..... , as have been projected in paras 11,13,16 and 17 of the election petition relating to anomalies on table nos. 2,4, 6 and 9 in hall no. 1, table no. 5 in hall no.2 and table nos. 4 and 8 in hall no. 2 at the time of first, second and eight round of counting respectively, may be recapitulated as under :(a) during .....
Tag this Judgment!Court : Guwahati
..... at rs. 881.66 lakhs and sundry debtors of rs. 14.36 lakhs, sundry creditors stood at rs. 700.19 lakhs which along with stipulated margin was sufficient to finance the exiting level of the stock as against the credit availment of rs. 553.66 lakhs as on the date of balance sheet. the loans and advances to group ..... activity of the borrower. as per the provisional balance sheet as on february 28, 1997, the maximum permissible bank finance worked out to be rs. 347.25 lakhs, less than half of the existing credit limits. in order to avail excessive finance, current assets were inflated by projecting the sundry debtors at rs. 1748.27 lakhs as on march 31, ..... of powers under section 43(1) of the state bank of india act, 1955 for determining the terms and conditions of appointment and service of officers in the bank, the same clearly have a statutory flavour and is binding on the respondents.45. rule 68(2)(i) mandates that no order imposing any major penalty would be made except after an inquiry .....
Tag this Judgment!Court : Guwahati
..... period of limitation is prescribed by a special or local law for an appeal or application and for which there is no provision made in the schedule to the act, the second condition for attracting section 29(2) would get satisfied. thus section 29(2) would apply even to a case where a difference between the special law and limitation ..... the claims tribunal is not a court within the provisions of limitation act, unless the power to condone the delay in filing claim petition is specifically provided, the tribunal has no such power and as such provisions of sub-section 2 of the section 17 of the act has made specific provision for condonation of delay on showing sufficient ..... ) it is also contended that under the provisions of section 29(2) of the limitation act, on the face of the petitioners application such classes of appeals are filed u/s 23 of the railway claims tribunal act and accordingly no power has been provided to condone such delay.11) mr. a. goyal, learned counsel for the respondents .....
Tag this Judgment!Court : Guwahati
..... (i) in relation to the central govt. or any establishment whollyor substantially financed by the government, or a cantonment board constituted under the cantonment act, 1924 the central government; (ii) in relation to a state government or any establishment wholly or substantially financed by the government, or any local authority, other than a cantonment board ..... secretary to the govt. of assam, social welfare department, dispur was quoted. that letter is quoted below: - 'kindly refers to this department letters no. swd 212/94/pt/5 dated8th october, 1996 and subsequent letter dated 6th november, 1996 regarding 3% reservation for physically disabled persons maintenance of records ..... the district malaria officer to the asstt. director of employment, district employment exchange, tezpur clearly showsthat on a query made to this effect, no roster has been maintained in respect of physically handicapped persons for locomotor disability when there is work force of 198 numbers. attention has also .....
Tag this Judgment!Court : Guwahati
..... . it is admitted by the contemner himself that the copy of the judgment & order dated 25-2-1997 was forwarded by the registry vide letter no. 308-09 dated 3-3-97 which was received in the finance department only on 2-4-97. it is highly unbelieveable that a copy of the judgment sent by the registry on ..... against the contemner was disposed of with a note of caution by accepting the unqualified apology tendered by the contemner but the same contemner has repeated the contumacious act in the present petition. we would, now think a wrong signal was sent by accepting the unqualified apology tendered by the contemner in the previous contempt petition ..... and he has accepted it as a license to commit contumacious act repeatedly. we are, therefore, of the clear view that the contemner deserves appropriate punishment.28. lastly, we are tempted to quote the observation of the apex court .....
Tag this Judgment!Court : Guwahati
..... legitimate demand of the pensioners and the employees as well.18. that this is further to bring on record that in the 'memorandum to the 10th finance commission, 1993' the respondent no. 2 has shown under the head '2071 pension and other retirement benefits' a growth rate during 1995-2000 a.d. of 20%. this growth rate ..... patents appeal and allowed the judgment of the learned single judge to become final. by the time the letters patents appeal came up for hearing, the impugned act had already come into force and the life insurance corporation could, therefore, have successfully contended in the letters patent appeal that, since the settlement, in so ..... the national consumers price index and the principle being 'compensating the pensioners for rise in cost of living beyond average consumers price index 608' the respondent cannot act in arbitrary manner by refusing the rate of compensation by way of dearness relief.'16. that it is significant to note that rate of dearness allowance (da) .....
Tag this Judgment!Court : Guwahati
..... committee which will tender only approvable forms to the all india committee at delhi constituted for this purpose headed by the union minister of state for finance, shri janardhana poojary. that committee will then select the beneficiaries and forward their loan applications to the banks which will disburse the loans. the petitioners ..... in such matters relating to banking transactions the law and practice of banking and the relevant provisions of the reserve bank of india act, the banking regulation act, and the companies act including the provisions for preparation of accounts and their audit, would take sufficient care of the loans granted at the 'loan mela'.33 ..... contracting for public and private loans and negotiating and issuing the same. under sub-clause (2)thereof no banking company shall engage in any form of business other than those referred to in sub-section (1). section 11 of the act prescribes the requirement as to minimum paid up capital and reserves in banking company. under .....
Tag this Judgment!Court : Guwahati
..... , j. jaswant singh, i. agreed with the conclusions reached by the chief justice m.h. beg. in view of the majority of opinion the vires of the act is no more in doubt. 22. we now come to the crucial question argued on behalf of the bsf in the two petitions. the issue is raised under section ..... rules of 1978. border security force pay and allowance rules of 1978. the rules were promulgated exercising power under section 141 of the act. 16. chapter i sections i to 3 defines certain words. chapter ii in sections 4, 13 enabled constitution of border security force. chapter iii in sections 14 to 47 defines offences and penalties. in ..... 2 of the commissions of inquiry act 1952, and that section omittingthe unnecessary clauses reads as under : '2. definitions-- in this act, unless the context otherwise requires,-- (a) 'appropriate government' means - (1) the .....
Tag this Judgment!Court : Guwahati
..... , i.e. the respondent no. 1, the state of manipur, the respondent no. 2, the commissioner/secretary(finance), govt. of manipur filed the affidavit in opposition sworn by one shri v.h. varte, under secretary (finance/pic), govt. of manipur. in the affidavit-in-opposition, the respondent no. 1 and the respondent no. 2 have specifically pleaded that the office ..... of shares of oil india ltd. and of the undertakings in india of assam oil co. ltd. and the burmah oil co. (india trading) ltd.) act, 1981.20. in view of the aforesaid legal position, this petition is required to be partly allowed and the respondents are directed to give pensionary benefits to ..... mr. c. kamal singh, learned cgsc for respondent no. 3.2. the brief facts of the petitioner-association's case are that the association called 'the all manipur pensioners' association' is a society registered under the societies registration act having the regd. no. 1315/73. the petitioner association is a non-political, non-profit making and .....
Tag this Judgment!Court : Guwahati
..... code of criminal procedure, 1973 will apply to any offence, punishable under any of the enactments specified in the schedule: in the schedule the income-tax act, 1961 comes under item no. 2. it is, therefore, clear that offence complained of is 'not covered by section 468 of cr.p.c.13. the third contention of mr. das ..... 25-8-1989 and the learned magistrate by his order dated 28-8-1989 took cognizance of the offence under section 276(c)(i)(ii) and under section 277 (ii) of the income-tax act, 1961, against the respondent shri kamal bhattacharjee and issued summons to the respondent-accused. the respondent appeared before the court of judicial magistrate ..... or statement which was false and which he knew and believed to be false and as such the respondent committed offence punishable under section 276c(i)(ii) and 277 of income-tax act, 1961. therefore, the petitioner after obtaining necessary sanction order from the authority presented the complaint as stated above in the court of cheif judicial .....
Tag this Judgment!