Court : Guwahati
..... the grounds of detention spell out that the petitioner was a party to form an underground caucus and decided to recruit volunteers for building up an underground resistance movement through armed actions against the government he contacted a person with commando background to build 'a guerilla band' and decided to procure large fund, arms and ammunition ..... kalaigaon.you shri juni rava @ duni ram rava, are a supporter of the present agitation cut foreigners issue.you along with s/shri motilal boro, phanidhar nath, kiron sarma, hemo saikia, lila saikia, khagen kataky, mina saikia, mukunda saikia took part in several meetings held during 1st part ..... kalaigaon that with a view to preventing him from acting in a manner prejudicial to the security of the state and maintenance of public order it is necessary to detain him under the national security act, 1980 and to make the following order.now, therefore, in exercise of the powers conferred by sub-section (2) of section 3 of the national security act, 1980 the government of assam direct that the said shri juni rava ..... authority was aware of the fact that the detenu was in jail and/or the detaining authority ever satisfied itself that it was necessary to detain the petitioner under section 3 of 'the act' in spite of his detention in jail in connection with the criminal case. ..... , the detaining authority has also to consider whether it is likely that the person would act in a prejudicial manner in future if he is not prevented from doing so by an .....
Tag this Judgment!Court : Guwahati
..... advocate general appearing for the state respondents submits that though under section 12(1) of the tripura housing board act, 1979, housing commissioner is declared to be the chief executive officer of the housing board and it is also prescribed under section 12(2) that the housing commissioner shall be appointed by the state government but till date no recruitment rule has been framed prescribing eligible criteria required for the said post and, as such, the ..... placing any incumbent against a substantive post "to act as such" or "to officiate as such" or "to hold current charge" of the said post must be for shortest duration among others on the following contingencies:(i) non-availability of suitable candidates in the eeder post due to lack of qualifying service;(ii) non-finalisation of recruitment rules of the post concerned;(iii) sudden arisen of vacancy due to unforeseen reason like death, voluntary retirement, deputation in foreign service non-constitution of departmental promotion committee and ..... government at its discretion and in the exigency of public service used to make temporary arrangement by placing the service of one or other superintendent engineer under the disposal of the tripura housing board "to act" as "housing commissioner" and, as such incumbent including the petitioner .....
Tag this Judgment!Court : Guwahati
..... advocate general appearing for the state respondents submits that though under section 12(1) of the tripura housing board act, 1979, housing commissioner is declared to be the chief executive officer of the housing board and it is also prescribed under section 12(2) that the housing commissioner shall be appointed by the state government but till date no recruitment rule has been framed prescribing eligible criteria required for the said post and, as such, the ..... placing any incumbent against a substantive post 'to act as such' or 'to officiate as such' or 'to hold current charge' of the said post must be for shortest duration among others on the following contingencies:(i) non-availability of suitable candidates in the eeder post due to lack of qualifying service; (ii) non-finalisation of recruitment rules of the post concerned; (iii) sudden arisen of vacancy due to unforeseen reason like death, voluntary retirement, deputation in foreign service non-constitution of departmental promotion committee ..... government at its discretion and in theexigency of public service used to make temporary arrangement by placing the service of one or other superintendent engineer under the disposal of the tripura housing board 'to act' as 'housing commissioner' and, as such incumbent including the petitioner so .....
Tag this Judgment!Court : Guwahati
..... by treaty, grant, usage, sufferance and by other means acquired jurisdiction over certain territories of the erstwhile state of mylliem sometimes under the government of india act, sometimes under the act of 1874 and later under the indian (foreign jurisdiction) order-in-council, 1902 and 1937. ..... same time we find that on certain occasions, in the 19th century, the scheduled districts act and the laws local extent act of 1874 were used, applied and british indian laws were extended to the areas ..... . the powers exercisable by the british government were kept alive by the extra-provincial jurisdiction act or the foreign jurisdiction act 1947 and it is reasonable to hold that the dominion of india and/or the central government, at the commencement of the constitution, ..... . 1948, in exercise of powers conferred by section 3(2) of the extra-provincial jurisdiction act, 1947, that is, the foreign jurisdiction act, 1947, the central government delegated to the governor of assam 'the power to make orders conferred by section 4 of the said act in respect of the khasi states including the shillong administered areas': vide gazette of india, 1948 ..... . even the scheduled district act and the laws local extent act, 1874 were applied in respect of the state ..... . under section 6 of the scheduled districts act, 1874, rules for the administration of justice and police in the khasi and jaintia hills district were made and subsequently they were published anew in the official gazette dated 29-3-1937 and extended .....
Tag this Judgment!Court : Guwahati
..... on such a declaration a havildar of armed branch of the police of the state is empowered to fire upon for maintaining public order if any person is found acting in contravention of any law or order with respect of prohibition of assembly of persons or carried weapons or fire-arms, ammunition and explosive substance in contravention of the ..... from what has been stated above, we direct as follows: (i) the notification dated november 27, 1990 issued under the act 1958 and the notification dated december 7, 1990 issued under 1955 act shall apply only in respect of the districts of dibrugarh, tinsukia, sib-sagar, jorhat, nagaon, dhemaji, lakhimpur, sonitpur, darrang, nalbari and barpeta and also the city of guwahati and shall not apply in the ..... crpf cannot be deployed is set out at page 536 in para 88 of air 1983 delhi 513 showing 'the assam legislature legislating for assam rifles and the words which in sections 4 and 5 of the assam act we have held to be beyond the legislative competence of the assam legislature' and accordingly the words have been deleted.63. ..... simultaneously, they recruited people to constitute a regular ulfa army and deputed them to undergo training in kachin area of northern ..... the petition referred to the movement as to foreigners started by the all assam students' union (aasu) in 1979 and stated the movement continued till assam accord was signed by the central government, state government, and all assam gana sangram ..... in 1874 there was no organised military force .....
Tag this Judgment!Court : Guwahati
..... but before the 25th day of march, 1971 from the specified territory; and(b) has, since the date of his entry into assam, been ordinarily resident in assam; and(c) has been detected to be a foreigner; ,shall register himself in accordance with therules made by the central government in thisbehalf under section 18 with such authority (hereinafter in this sub-section referred to as theregistering authority) as may be specified insuch rules ..... 3145 ap dated 7-5-1928, the governor general in council, in exercise of power under section 5 of the scheduled district act, 1874, the bengal eastern frontier act was extended to the western section of north east, frontier tract, balipara frontier tract and lakhimpur frontier tract, these three tracts are now ..... on the rival contentions of the parties, the following questions require determination: (i) whether the petitioner and 56 ghakma families now settled in miao, arunachal pradesh, are citizens of india or foreigners; (ii) if they are not citizens of india, whether the authorities concerned have right to give direction to those chakma people to move to another place; and (iii) whether the impugned annexure 5 order ..... citizen by virtue of this section if at the time of his birth, his father possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the president of india and is not a citizen of india; or his father is an enemy alien and the birth occurs in a place then under .....
Tag this Judgment!Court : Guwahati
..... instances, a regulation from the british war office that no recruit shall be enlisted who is not five feet-six inches high. ..... by the central board of direct taxes to relieve hardship to an assessee are violated and if such instructions are issued in exercise of the powers vested in the central board of direct taxes under section 119 of the act, it is certainly open to this court to compel the income-tax officer to follow the instructions of the central board of direct taxes. ..... the second proviso to section 32(1)(ii) of the income-tax act, 1961, which disallows depreciation on foreign motor cars, is reproduced below: 'provided further that no deduction shall be allowed under this clause in respect of any motor car manufactured outside india, where such motor car is acquired by the assessee after the ..... however, in order to promote tourism industry, an exception has been made in the case of foreign motor cars used in a business of running them on hire for tourists, on which full depreciation is allowable ..... the petitioner filed an application before this court under section 256(2) of the income-tax act, 1961, for a direction to the tribunal to draw up a statement of the case and refer the question of law to ..... recruiting officer musters in a man who is five feet-five inches only in height, and pays him the king's shilling; afterwards the officer is sued by the government for being short in his accounts; among other items he claims to be allowed the shilling paid to the undersized recruit. .....
Tag this Judgment!Court : Guwahati
..... union of india, air 1973 sc 106, quoted by the supreme court in the case of indian express newspapers (supra), held: 'the affirmative obligation of the government to permit the import of newsprint by expending foreign exchange in that behalf is not only because press has fundamental right to express itself, but also because the community has a right to be supplied with information and the government a duty to educate the people within ..... there may be advertisements for recruitment to certain jobs. ..... if the affirmative obligation to expend foreign exchange and permit the import of newsprint stems from the need of the community for information and the fundamental duty of government to educate the people as also to satisfy the individual need for self-expression, it is ..... may, under clause 3 of the imports (control) order, 1955, totally prohibit the import of newsprint and thus disable any person from carrying on a business in newsprint, if it in the general interest of the public not to expend any foreign exchange on that score. .....
Tag this Judgment!Court : Guwahati
..... respect of any matter over which the tribunal has jurisdiction and which are pending before any civil court or other authority on the date of coming into force of this act shall stand transferred to the tribunal and the civil court or other authority before whom such a suit or proceeding is pending shall transfer all relevant and connected papers and ..... in the civil court is delayed as in the experience and the decision of tribunal is put up for recovery, what will happen the tribunal constituted under the act has been vested under section 17 with jurisdiction, powers and authority to entertain and decide application from banks and financial institutions for recovery of debts due to such banks and financial ..... sub-section (3), the following sub-'section shall be substituted, namely : '(3) every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the central government under this act shall be laid, as soon as may be after it is made, before eachhouse of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in ..... while article 323a deals with adjudication and trial by administrative tribunals of the matters related to recruitment and conditions of service of persons appointed to public service in connection with affairs of the union and states or other authority, ..... the 1937 rules survived the repeal of the scheduleddistricts act, 1874 and continues to apply in the state of .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
..... "........rejecting the contention of the union of india that stenographers, grade ii and assistants in the non-secretariat offices could not be compared with stenographers, grade 'c' of csss and assistants of css because of different classification, method of recruitment, nature of duties and responsibilities and eligibility for promotion to higher grade, the cat directed the union of india to place the petitioners in the pay scale of rs. ..... it has also been submitted that the post held by the applicant vis-a-vis stenographer grade 'c' in the central secretariat being in comparable grades and the method of recruitment of the applicant was through open competitive examination like that of stenographer grade 'c' of the central secretariat, and therefore, he was entitled to the pay scale of ..... the organisation has also its interaction with various foreign agencies through participation in bilateral and collaborative exchange programme, in international seminars, symposia, workshops holding technical meeting with different multination companies and ..... short, according to the applicant as per his additional statement, the activities of the geological survey of india are of national importance having serious implications and the employees are working in sensitive areas where any irresponsible act or leak out of some information will jeopardise the interest of the nation. ..... any irresponsible act committed by a stenographer in the geological survey of india may put the interest of the nation in .....
Tag this Judgment!