Judgment Search Results Home > Cases Phrase: hindu marriage act 1955 chapter 1 preliminary Court: guwahati Page 48 of about 495 results (0.112 seconds)

Dalbir Singh Bisht Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... r. v. abingdon jj. ex. p. cousins (1964) 108 sj 840, but in r. v. camborne jj, ex. p. pearce (1955) 1 qb 41 at p. 51 the court after a review of the relevant cases held that real likelihood of bias was the proper test and ..... . commandant k.r. nair. thereafter the petitioner was tried for violation of the provisions of section 7(k) of the assam rifles act. 1941 by col. commandant k.r. nair and the petitioner was sentenced to imprisonment with fine by the same col. commandant k. ..... be enforced, (2) violation of the principles of natural justice and (3) where proceedings are without jurisdiction or the vires of an act is challenged.5. in the present case the petitioner has impugned the order mainly on the ground of violation of the principle of ..... preliminary enquiry was held and the petitioner was tried for the commission of the offence under section 7(k) of the assam rifles act, 1941. the petitioner was found guilty and he was sentenced to imprisonment in civil jail for a period of one year with .....

Hanutram Ramprasad, Dibrugarh Vs. Commissioner of Income-tax, Assam, N ...

Court : Guwahati

Reported in : [1978]112ITR187(Gauhati)

..... , comply with notices, concealment of income, etc. - (1) if the income-tax officer or the appellate assistant commissioner in the course of any proceedings under this act, is satisfied that any person -(a) has without reasonable cause failed to furnish the return of total income which he was required to furnish under sub-section (1) ..... is satisfied about the matters referred to in clauses (a) to (c) of sub-section (1) of section 271 during the course of proceedings under the act even though notice to the person proceeded against in pursuance of that satisfaction is issued subsequently.'at page 563 of the report, their lordships have further observed :'there ..... clause (1) of section 271 is that the income-tax officer or the appellate assistant commissioner should have been satisfied in the course of proceedings under the act regarding matters mentioned in the clauses of that sub-section. it is not, however, essential that notice to the present proceeded against should have also been issued .....

Ghana Gogoi Vs. the State of Assam

Court : Guwahati

..... , or illustration. 39. the fundamental principle, which runs through all the general exceptions, is that every man is presumed to know the consequences of his acts or omissions; but law recognizes certain circumstances, as provided under the general exceptions, whereunder the presumption of knowledge and intention is done away with or, at ..... here for a clear understanding of the matter. the relevant observations read as under: 17. ..in cases falling within the purview of section 105, evidence act, the evidence produced by the accused person, even though falling short of proving affirmatively the existence of circumstances bringing the case within the exception pleaded by ..... required to prove its case by adducing all such evidence, which would prove the accused guilty beyond reasonable doubt. 83. section 105 of the evidence act, while placing burden of proof on the accused to prove existence of circumstances bringing his case within any of the general exceptions, embodied in the indian .....

Jatindra Mohan Goswami and anr. Vs. Superintendent of Police and ors.

Court : Guwahati

..... february, 1956. thereafter the petitioner was. transferred to united khasi-jaintia hills district as a probationary sub-inspector of police. and was posted there to act as traffic sub-inspector of police since september, 1958.on the 28th november 1958 in the morning when the petitioner was proceeding to barpathar accompanied by assistant ..... the relevant rules in order to appreciate the contention of the petitioner. the charges show that they related to offences under section 29 of the police act read with section 342/161, penal code for illegal detention and for demanding illegal gratification. these offences were triable by a magistrate, and a departmental ..... jatindra. mohan goswami was selected for appointment as probationary sub-inspector of police on the 2nd february 1955. the petitioner had his. training in the police training college, dergaon. and thereafter on the 8th february 1955 he was informed that he had been appointed a probationary sub-inspector of police in assam. on .....

Badshah Khan Vs. Dist. Magistrate of Lakhimpur and ors.

Court : Guwahati

..... for the security of public peace to cancel or suspend the license. it is true that the district magistrate when passing an order under section 18 of the act; acts in his administrative capacity, but even administrative orders can be quashed by this court under article 226 of the constitution provided the authority has not complied with ..... filled by filing an affidavit before this court.mr. goswami lastly relied upon the case of kishori lal kanoo v. deputy commissioner, kamrup, reported in (s) air 1955 assam 183, in support of the contention that even though this court may hold that the order was illegal, still having regard to the circumstances of the present ..... cannot be fulfilled by supplying the reasons before us by means of an affidavit. existence of certain preliminary condition may give jurisdiction to an administrative authority to act and there may be a dispute before this court whether these preliminary conditions exis or do not exist. in such a case that may be proved by .....

Subal Rabha, and Another Vs. the State of Assam, Represented by the Co ...

Court : Guwahati

..... the representation, as provided in article 243r(2), of persons named in clause (2)(a) would not constitute a municipality. 18. the assam municipal (amendment) act, 1994 (assam act no.xix of 1994) was enacted to make the existing law relating to the constitution of the municipality in assam in consonance with the 74th amendment of the ..... support of their contentions have placed reliance on the decision of the apex court in bengal immunity co. ltd. vs. state of bihar and ors. reported in air 1955 sc 661, in j.k. cotton spinning and weaving mills co. ltd. vs. state of uttar pradesh and ors. reported in air 1961 sc 1170 and in ..... constituting the municipality/town committee, namely, the elected commissioners, the appointed commissioners and the ex-officio commissioners. while sub-section (2) of section 11 of the 1956 act, in consonance with the proviso to clause (2) of article 243r of the constitution, has specifically taken away the right to vote by a commissioner appointed having special .....

Ashok Kumar Sarial Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2003)(2)SLJ29CAT

..... the contrary it was incumbent on the respondents to discharge its duties justly, fairly and reasonably and in conformity with article 14 of the constitution. the duty to act fairly is more imperative in the case of any decision which not only affects the person's right or interest, but also reputation stigmatising the reputation of the ..... a criminal case has been registered and is under investigation by the police under sections 448/334 of the indian penal code against dr. sarial. 6. whereas the said act of dr. sarial involving moral turpitude is highly unbecoming of an officer of the status and rank being held by dr. sarial under the icar. 7. now, therefore ..... impugned order under memo no. 27-5/98-per. iii dated 28.11.2001 issued by the deputy director (p), indian council of agricultural research, new delhi giving acting charge of officer-in charge, regional rainfed low land rice research station, gerua under icar to shri u.d. singh, consequent upon termination of tenure of the applicant. .....

Shipra Shome Vs. Government of Meghalaya and ors.

Court : Guwahati

..... factual matrix available made before the court it is to be found that the respondent/bank is a co-operative society registered under the meghalaya co-operative society act doing banking business under the liscence and the authority issued by the reserve bank of india and the reserve bank of india has the direct and specific control ..... in respect of the banking business carried on by the respondent/bank in terms of the specific provisions contained in the banking regulation act, 1949. constitution and byelaws of the bank discloses that the management of the bank is vested to the board of directors which consist of not more than ..... its member to the managing committee/administrative board i.e., to form the board of director under the provisions of section 32 of the meghalaya co-operative societies act. in the event of the failure of the bank, the registrar of co-operative society is empowered to dissolve the managing committee and also is entitled to form .....

Asstt. Commissioner of Vs. South Point Montessori School

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... difference between the hon'ble members of gauhati bench of i.t.a.t., the above appeals were referred to me under section 255(4) of the income-tax act, 1961 (the act). in fact, i find that there is no difference in five appeals, viz., i.t.a. nos. 389 & 390 (gau)/96 and i.t.a. nos. ..... at the end article (12) provides that in the case of dissolution, the properties remaining will be handed over according to sections 13 and 14 of the societies regulation act, 1860.10. after enquiring into the constitution of the assessee-society, the ld. accountant member observed that all the objects of the assessee-society were educational and surplus generated ..... (1) st joseph's upper primary school v. ito 4 i.t.d. 231 (hyderabad)- in this case the assessee society which was registered under the societies' registration act, had as its objections promotion of educational institutions and was actually organizing and running as upper primary school. one of the school building was owned by the headmistress who was .....

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

Court : Guwahati

..... . (6) quashing decisions may impose heavy administrative burden on the administration and lead to increased and unbudgeted expenditure. it has also been observed that the duty to act fairly will vary in extent, depending upon the nature of cases, to which the said principle is sought to be applied. 68. in centre for public interest ..... someone; or whether the 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 ..... 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 petition as .....