Court : Guwahati
..... punjab state civil service (executive) to the indian administrative service prepared under the indian administrative service (appointment by promotion) regulations 1955, was put to challenge in r.s. das (supra), amongst others on thegrounds that the select list did not record ..... word ||ending |outstand- |outstand- |'very' prefixed ||mar. 05 |ing |ing |to 'good' originally is || | | |visibly sought to be eff-|| | | |acted by using whitener. ||__________|_______________|_____________|_________________________|the shadowed space suggests that the word 'very' is sought to be effaced thus reducing the grading to 'good'.shri raj kr. ..... fairness in action is the essence of every valid administrative decision to be constitutionally sustainable. in discharge of the solemn act of preparation of a confidential report, the subjective satisfaction involved has to essential align with the objective determination founded on relevant .....
Tag this Judgment!Court : Guwahati
..... second party, deed of sale will be registered by the first party in favour of the second party as per prevailing stamp act, registration act, property transfer acts and rules framed thereunder.11. that the second party shall be entitled to have the flat/apartment assessed by the guwahati municipal ..... funds, real estate, construction, transport, storage, processing, supply of electrical or other energy, boarding and lodging.26. under the monopolies and restrictive trade practices act, 1969 'service' has been defined as under:'service' means service of any description which is made available to potential users and includes the provisions of ..... establishment would not be subject to 'service tax'.33. the clarification offered under the abovementioned circular, shall be applicable even after amendment of the finance act, 2005, whereby 'construction service' includes construction of 'residential complex'. thus, construction of 'residential complex' has also been brought within the purview of .....
Tag this Judgment!Court : Guwahati
..... with this firm, which was submitted by him to the respondent authorities. the term 'consortium' has many dictionary meanings. one of them is '(t) or more parties acting together as a partnership of joint venture'' (see 'advanced law lexicon' by p. ramanatha aiyar, 3rd edn.). the bidding crieria, among others, stipulates that in case ..... according to the learned counsel, the petitioner himself participated in the bidding process in his capacity as an individual and not as a company incorporated under the companies act, 1956. the learned counsel for the respondent no. 2 finally contends that the writ petition is mala fide and has been filed with the oblique motive ..... , agreed that the criteria were to be assessed on a 'point based scale', which were to be worked out by the consultant and the consultant thereafter acted upon decision of the evaluation committee and made evaluation. however, subsequent to the evaluation made by the consultant, a meeting of the evaluation committee was held on .....
Tag this Judgment!Court : Guwahati
..... the case or matter and arrive at a compromise or settlement between the parties.(4) every lok adalat shall, while determining any reference before it under this act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and ..... of its supervisory control on the courts and tribunals located within its territorial jurisdiction. referring to the constitution bench decision in hari vishnu katnath v. ahmad ishaque : [1955]1scr1104 and some other judicial pronouncements in the realm of issuance of writs of certiorari, the apex court, in surya dev rai v. ram chander rai reported in ..... the exercise of the jurisdiction under article 226.14. the constitution bench in t. c. basappa v. t. nagappa : [1955]1scr250 held that certiorari may be and is generally granted when a court has acted (i) without jurisdiction, or (ii) in excess of its jurisdiction. the want of jurisdiction may arise from the nature of .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... or where there has been a violation of the principle of natural justice or where the order of proceeding is wholly without jurisdiction or the vires of an act is challenged.31. from what have been observed and laid down in whirlpool corporation : air1999sc22 , it becomes clear that an alternative remedy is not an absolute ..... invokable. reacting to the submissions so made, the constitution bench pointed out that when the conditions precedent for assumption of jurisdiction, under section 34 of the income-tax act, is satisfied, the high court would be justified in invoking its jurisdiction under article 226. in fact, leaving no room for doubt, the apex court emphasised, ..... the constitution of india.25. while considering mr. saikia's submission that because of the fact that the provisions for revision, which have been made in the act by way of section 82, the petitioners had an alternative remedy available to them as regard their grievances, if any, against the seizures, which, according to the .....
Tag this Judgment!Court : Guwahati
..... branded as false evidence so as to treat it as untrustworthy or unreliable. after all, why should a virgin in her just late teens from a tradition bound hindu bengalee society deposed falsely against the accused at her extreme risk of being condemned to mental death and social ostracization. to disbelieve her evidence would tantamount to adding ..... (more so in posterior half) the edges of which are red, swollen and painful, and bleed on touching, if examined within a day or two after the act. these tears heal within five or six days and after eight to ten days, become shrunken and look like small tags of tissue. frequent sexual intercourse and parturition ..... . the defence story sounds simply unbelievable as the accused did not disclose as to how he could see the prosecutrix and the said suman in compromising position, an act which was done inside others house.8. mr. samrat kar bhowmik, learned counsel for the accused appellant strenuously argued that the absence of injuries on the body of .....
Tag this Judgment!Court : Guwahati
..... issued in favour of the petitioner on the ground that the said khatian was prepared through several mistakes which were inconsistent with the provisions of the act and incorrect on records and without jurisdiction. the additional commissioner corrected the records in the above manner in purported exercise of the power conferred under ..... revenue regulation. in order to regulate the rights and liabilities of agriculture tenant and their landlords in certain land the assam (temporarily settled district) tenancy act, 1935 was enacted under which certain important rights of such tenant vis-a-vis obligations in relation to their landlords had been crystallized. the subsequent legislation ..... before the director of land records and not before the assam board of revenue, the present proceedings being a special proceedings initiated under the tenancy act, 1971, the provision of section 147 of the regulation would not be applicable and the provisions of the regulation would not come into operation to .....
Tag this Judgment!Court : Guwahati
..... for this view in a number of. cases, from which i would make a few brief citations, first from harold holdsworth & co. (wakefield) ltd. v. caddies (1955) 1a11 er 725) where lord reid said:it was argued that the subsidiary companies were separate legal entities, each under the control of its own board of directors, that ..... single economic unit can be taken into account in determining the economic reality in the expanding horizon of global economy. there is a presumption that a subsidiary will act in accordance with law, but according to the conscience of its parents. unless, therefore, this presumption is rebutted, it is proper for the parent and the ..... , lifetime warranty has to be submitted by the subsidiary if the subsidiary offers for supply the pacemaker, which has been manufactured by its parent company. in fact, acting upon the said condition mentioned in the nit, the respondent no. 4 had, admittedly, submitted a lifetime warranty from its parent company in respect of the pacemakers, .....
Tag this Judgment!Court : Guwahati
..... of truth in a contempt proceeding. statutory recognition of truth as a defence brought about by the amendment to section 13 of the contempt of courts act, 1971 (by act vi of 2006), though hedged in by the requirement of being bona fide and necessary in public interest, has possibly come as an answer to ..... of the state, was involved in two police cases registered in the panbazar and chandmari police stations of guwahati for commission of offences under the arms act, unlawful activities (prevention) act as well as for offences under the tada. according to the news item, the records of investigation including the case diaries of the two cases ..... admitted an almost immediate report on the availibility of a plot of land measuring 40 bighas 4 kathas 2 lechas in village nomalijalah. the land advisory committee acted equally promptly in the matter and after completion of all formalities the deputy commissioner submitted his proposal recommending allotment of land measuring 40 bighas covered by dag .....
Tag this Judgment!