Court : Guwahati
..... of services by the hotelier and as a part of the amenities incidental to the service, the hotelier served meals at specified hours.8. by the 46th amendment act of the constitution, the definition of the word 'sale', as given in article 366, was widened by insertion of clause (29a), whereunder various transactions, enumerated therein ..... for 'sale' of goods inasmuch as the contracts, which were indivisible, could not have become subject to levy sales tax.6. before the constitution (46th amendment) act, 1982, the word 'sale' which occurred in the expression 'sale of goods', in the seventh schedule to the constitution of india, had carried the same meaning ..... the contracts aforementioned were performing their contracts, the revenue department, government of tripura, issued, pursuant to the provisions of section 3a of the tripura sales tax act (in short, 'the tst act'), read with rule 3a of the tripura sales tax rules (in short, 'the tst rules'), memorandum, bearing no. f. 1-7 (6), dated .....
Tag this Judgment!Court : Guwahati
..... star cable network at milanchakra on 26th september, 2006 and found that there were violations of the provisions of cable tv network (regulations) act, 1955 (in short called 'act', 1955). on surprise inspection, shri hrishikesh dey in stead of submitting any document of registration and other required statutory records pertaining to running the ..... then whether maximum witnesses are scrutinized thoroughly and fairly. whether intention/motive/tendency mens rea/the attitude of such alleged official reflecting from his acts for which the process is being issued has also to be analyzed thoroughly?(vii) whether previous antecedent and general reputation of the said alleged ..... material which could be sufficient for the complainant to succeed in bringing charge home to the petitioner. the learned additional chief judicial magistrate was not to act as a silent spectator at the time of recording of preliminary evidence, more specifically, while recording the testimony of the complainant i.e. smti. .....
Tag this Judgment!Court : Guwahati
..... fact of developed relationship with diverse male persons and refusal to come back for leading marital life, applicant no. 1 filed an application under section 13(1)(la) of the hindu marriage act, 1955 against his wife, for getting a decree of divorce. after presentation of the said case, rupali again allegedly approached the ranirbazar p.s. by way of filing the alleged complaint ..... of the present applicants in brief is that on 9.10.2005 the applicant no. 1 shri kartick kumar shil was married to smt. rupali baul (shil) and after the marriage both of them were leading their conjugal life in the parental house of the applicant no. 1. as there was pressure on the applicant no. 1 from the side of .....
Tag this Judgment!Court : Guwahati
..... under section 12.32. there is, therefore, no difficulty for us to reject the contention of mr. bhowmik that section 25 of the hindu marriage act, 1955 does not empower the court to direct permanent alimony and maintenance. but it is to be noticed at the same time that section 25 provides ..... respondent. she filed a petition for annulment of her marriage with the appellant on the only ground that the marriage between them could not be consummated owing to impotence of the appellant, aground provided in section 12(1)(a) of the hindu marriage act, 1955 (hereinafter called as the act) rendering a marriage voidable.2. her petition was allowed by the family ..... court, agartala, west tripura by judgment dated 21-3-2006 in title suit (nullity) 55 of 2003 annulling the marriage by a decree of nullity. aggrieved, the husband is .....
Tag this Judgment!Court : Guwahati
..... given to the accused to examine the witnesses and, hence, summary of evidence is not, legally speaking, 'evidence' as conceived under section 3 of the evidence act.27. in the case of courts of ordinary criminal jurisdiction, a person may appear or may be brought before the court on accusations of his having committed ..... importantly, though rules 22, 23 and 24 use the expression 'evidence', the word 'evidence' is not really evidence as is understood under section 3 of the evidence act and the expression 'charge', which appears in rules 22, 23 and 24, is not really a formal 'charge', which a criminal court frames. the expression 'charge', ..... , masimpur military station, requesting transfer of lakhipur police station case no. 73/2005 aforementioned to the army authorities for trial of the accused-petitioner under the army act. by order, dated 5-3-2007, aforementioned, learned chief judicial magistrate, cachar, silchar, allowed the said application and directed that the case record be handed .....
Tag this Judgment!Court : Guwahati
..... , a division bench of the calcutta high court relying on the decision in the case of mrs. bacha f guzdar : [1955]27itr1(mad) rejected the challenge to the constitutional validity of section 115-c of the act. the high court is of the view that such additional tax would be levied on the basis of 40 per cent, liability ..... companies or any part thereof is agricultural income within the meaning of the bengal agricultural income tax act, 1944, and assessable as such?17. answering the said question in the negative on the basis of the ratio of mrs. bacha f. guzdar : [1955]27itr1(mad) , it was held that no part of the dividend received by the assessee ..... the various tea companies was agricultural income within the meaning of the bengal agricultural income tax act, 1944.18. the madras high court again rejected the plea of inclusion of dividend income distributed out of agricultural income applying the ratio of mrs. bacha f. guzdar : [1955]27itr1(mad) in the case of av. r. a. veerappa chettiar v. cjt .....
Tag this Judgment!Court : Guwahati
..... d.) under the respondents was issued with the memo of charge sheet dated 08.10.03 proposing to hold an enquiry under rule 27 of the crpf rules, 1955. while furnishing the charge sheet, he was directed to submit his representation within 15 days from the date of receipt of the same. the charge against the ..... he simply prayed for forgiveness.18. considering all the above aspects of the matter, the disciplinary authority imposed the penalty of removal from service. section 9 of the act deals with 'more heinous offences' while section 10 deals with 'less heinous offences'. section 10(m) deals with absence without leave, or without sufficient cause. every member ..... recourse to the purported enquiry and removed the petitioner from his service. his further submission is that since the petitioner was charged under section 11(1) of the act which provides for minor punishment, the petitioner would not have been removed from his service which is a major penalty. mr. majumdar has placed reliance on the .....
Tag this Judgment!Court : Guwahati
..... of mere breach of promise or contract. the alleged subsequent conduct of the accused, their denial to pay the bills raised by the complainant and the act of threatening the complainant prima facie indicate that it was with fraudulent or dishonest intention that the accused had induced the complainant to do the repairing job. ..... unless shown otherwise, taken cognizance of the offence, for, the magistrate cannot proceed to record the complainant's statement under section 200 without taking cognizance. the act of proceeding with the examination of the complainant under section 200 will, thus, be indicative of the fact that the magistrate has taken cognizance of the offence and ..... take cognizance of the offence if and when the police, on investigation carried out, submits a report, in this regard, in terms of section 190(b). the act of sending of the complaint to the police for investigation is really at a pre cognizance stage. when, however, a magistrate, instead of sending the complaint for .....
Tag this Judgment!Court : Guwahati
..... following the mandatory procedure prescribed by the above statutory provision are obviously invalid and ineffectual in law. the purpose of the power under section 9 of the act being to extent the benefit thereof to those in active service, no restriction on the scope and ambit thereof ought to be unnecessarily imposed, he urged.10 ..... the applicability of the rules, violation, if any and their bearing on the impugned orders.15. there is no cavil that the petitioner is subject to the act. section 3(1) defines active service, the hub of the contrasting assertions seeking adjudication. having regard to the eminence thereof in the exercise proposed to be undertaken ..... would deliver him to the military authority. rules 6, 7, 8 and 9 pertain to varying exigencies requiring the magistrate and the concerned military authority to act as obligated thereby. the essence of the provisions of the rules is a legislative reconciliation of the concurrent jurisdictions of a criminal court under the code and .....
Tag this Judgment!Court : Guwahati
..... has placed reliance, is mohan lal kapoor (supra). that was a case relating to promotion of all india service officers on the basis of the ips (appointment by promotion) regulation, 1955. the rule itself provided that the selection for inclusion in the list shall be based on merit and suitability in all respects with due regard to seniority. thus, the whole ..... by mr. dutta, learned counsel for the respondent bank. the aforesaid rules of 1988 have been framed in exercise of powers conferred by section 29 of the regional rural banks act, 1976 read with section 17 thereof. the relevant provisions of the rules have been indicated above. rule 6(a) of the rules provides that the promotion would be made on .....
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