Court : Guwahati
..... fact that order 32-a of the code of civil procedure was inserted by reason of the code of civil procedure (amendment) act, 1976, which could not bring about any desired result.12. the code of civil procedure had been amended and order 32-a had been inserted for the suits relating to matters concerning the family. in a case, smt. ..... as to whether or not the petitioner had the source of income to maintain themselves had completely ignored the said certificate/memorandum issued by the concerned inspector of factories and boilers, manipur that 'm/s. ibodi rice mill is not running' in passing the impugned judgment and order dated 30-7-2005. further, while rejecting the statement of the ..... , i.e. the person concerned is not as strict as required in a civil proceeding for declaration of titles or/required in a trial of offence under section 494, ipc. the apex court in dwarikha prasad satpathy v. bidyut prava dixit : 2000crilj1 held that the provision under section 125 of the cr.p.c. is not to be .....
Tag this Judgment!Court : Guwahati
..... deduction of 5% vat from the quoted rates, holding back/non-submission of cpg, the extent of power of the state to levy tax consequent upon the 46th amendment of the constitution, are issues having least nexus to the reliefs prayed for. the state is the best judge to consider review of any terms and conditions and ..... thereof, the respondent apdcl cannot alter the foundation of the contract by introducing detrimental tax structure, reducing unit prices etc. also, the state cannot be allowed to act against the law framed by it which clearly prescribes under what conditions composition of the tax can be made at a flat rate of 5%. the imposition of 5 ..... by dena bank alkapuri branch is returned herewith in original. you are aware that rggvy is an important flagship programme of the govt. of india and your delaying act has deprived the target habitations from getting the benefits of electrification and has not only tarnished the image of apdcl but also hinders the development of the state of .....
Tag this Judgment!Court : Guwahati
..... 439, the powers of the governor, with respect to the appointment/removal of the vice-chancellor of maharshi dayanand university, rohtak under the maharshi dayanand university (amendment) act, 1980 were considered wherein a direction was sought with regard to the renewal of the term of the vice-chancellor of the said university. certain promises had ..... the aid and advice of the council of ministers in matter of grant of sanction for prosecution of ministers for offence under the prevention of corruption act and/or under the indian penal code. referring to the provisions of article 163, extracted above, the apex court held that undoubtedly in a matter of grant of sanction ..... election commission, requisite staff for discharging functions conferred upon it by article 324(1) and article 324(6), the power to nominate a member of the anglo-indian community to the assembly in certain situations (article 333), the power to authorise the use of hindi in proceedings in the high court [article 348(2)], .....
Tag this Judgment!Court : Guwahati
..... an additional written statement was filed on behalf of the defendant nos. 1, 2 and 3 stating that the prayer made by the plaintiff by way of amendment of the plaint challenging the khatians is barred by estoppel, waiver and acquiescence. 7. on the basis of the pleadings, the learned trial court had initially framed ..... not in conformity with the order passed under section 55 and therefore, contention of mr. dutta that khatians were issued without necessary particulars as enjoined under the act is without any merit. 36. meaning of the word, occupancy and occupancy right in assamese is given as dakhol and dakholi swatta , respectively, in the administrative ..... at on misconstruction of the said provision of law and without consideration of the evidence adduced by the defendants. 2. whether the learned appellate court below acted illegally in decreeing the suit without setting aside the khatian issued by the competent authority, and there being no pleading nor any issue framed in this regard .....
Tag this Judgment!Court : Guwahati
..... if such power was with a high court earlier, it stood withdrawn with effect from 1-1-1977 in view of section 25 of the code as amended by the code of civil procedure (amendment) act, 1976. 56. we are unable to agree with the view that in such cases, inherent powers may be exercised under section 151 of the code as held ..... proceeding from one high court to another high court. in the year 1937 by issuance of the government of india (adaptation of indian law) order, 1937 some amendments were made in section-25 of the then cpc. prior to the amendment the state government could exercise power by affecting transfer from one high court to another high and this is why law commission ..... , it was held that the question as to jurisdiction of tribunal vis a vis civil court was in the uppermost in the mind of the court in the case of indian bank vs abs marine products ltd. reported in (2006)5 scc 72, the same question was not dealt with in the later case of sbi v ranjan chemcals ltd reported .....
Tag this Judgment!Court : Guwahati
..... over a part of the suit property, the plaintiff would be entitled to the reliefs prayed for in the suit. 35. the plaintiff by way of amendment prayed for recovery of khas possession without challenging the sale deed. the learned lower appellate court before which the question was raised that the plaintiff would not ..... is necessary to complete a gift. 28. gift under mahomedan law is not required to be in writing and consequently, need not be registered under the registration act, 1908. on proof of fulfillment of essential conditions, the gift becomes complete and valid. the donee may choose to record the transaction in writing but merely ..... have considered the submissions of the learned counsel for the parties and have perused the materials on record. 20. section 122 of the transfer of property act, 1882, (for short, the tp act ) defines gift as a transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called a donor to another .....
Tag this Judgment!Court : Guwahati
..... lalsawirema, learned counsel for the applicant submits that after the statutory period of 45 days of filing election petition under section 81 of the act is over, there is no question of amendment of the election petition. amendment as suggested, if granted, would change the very nature and character of the election petition, which cannot be permitted. in any case, ..... of attacks and that while the use of paperless dre (direct recording electronic) voting machines has been discontinued in california, florida, ireland, the netherlands and germany, indian election authorities are still sticking to it and it is high time that they should immediately review the security procedures now in place and should inspect all evms for ..... the police had registered a case (i.e. crl.tr.no.2195 of 2013: azl.p.s.case no.373 of 2013 u/s. 171g ipc r/w 66a (a) (b) it act) against the author who had sent the said messages. the said text messages have been published in the zalen weekly local newspaper on 22/12/2013 .....
Tag this Judgment!Court : Guwahati
..... stood, under rule 29, the rate of royalty was stipulated for 22 minor minerals and ordinary earth was not listed amongst those 22 entries. but the rules were amended through notification of the assam minor mineral concession rules, 2013 (hereinafter referred to as the 2013 rules) and under this rule, ordinary earth was inserted at entry ..... ordinary earth is yet to be specified in the 1st schedule to the 2013 rules. the statutory support for the levy cant also be secured from the forest act as the extracted material is admittedly from non- forest areas. therefore when the government itself doesnt prescribe the rate it must logically follow that the state has ..... is a minor mineral within the meaning of rule 6(ii) of the transit rules framed under the assam forest regulation, 1891 (hereinafter referred to as the forest act) further declared that unless such earth is removed from forest, it would not attract the levy, under the meghalaya governments notification dated 21.10.1999. consequently the .....
Tag this Judgment!Court : Guwahati
..... ) names and as per the requirement the same will have to be placed before the chancellor for his approval etc. in fact as per the provisions of amended section 19 of the act, it is the chancellor who on the basis of a penal consisting of 3 (three) names submitted by the selection committee, shall have the power to appoint ..... for full term of five years. 5. the petitioners have also referred to the annexure-3 notification dated 10/05/1977 so as to contend that by amending section 19(3) of the act, the following proviso was added. provided that no person shall hold the office of the vice chancellor beyond the age of 65 years. 6. the ..... for a panel of three names submitted by a selection committee consisting of :- (a) one eminent agriculturist scientist or educationist nominated by the board. (b) the director general of indian council of agricultural research. (c) a nominee by the state government. (2) a member of the selection committee shall not be a member of the board of management or .....
Tag this Judgment!Court : Guwahati
..... numbers of tribunals within 4 (four) months from today for disposal of the pending proceedings within the time frame set in the 1964 order as amended by 2012 amendment order (ii). appoint persons as members of foreigners tribunals by issuing appropriate advertisement and on being selected by a selection committee (iii). notify the selection ..... been created and that 536 nos. of supporting staff were also sanctioned. it is further stated that a gazette notification dated 10.12.2013 was issued amending order of 1964 in respect of service of notice by the foreigners tribunal and providing powers of judicial magistrate (first class) under code of criminal procedure ..... heavily tilted towards giving shelter and protection to an illegal migrant. burden of proof upon the person concerned who claims to be an indian citizen, unlike section 9 of the act of 1946, which is absolutely essential in relation to the nature of inquiry being conducted regarding determination of a persons citizenship where .....
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