Court : Guwahati
Decided on : May-27-2014
..... a special court, shall be deemed to be a public prosecutor. 36-d. transitional provisions. (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988, which is triable by a special court shall, until a special court is constituted under section 36, notwithstanding anything contained in ..... 775 and raj deo sarma vs. state of bihar; reported in (1998) 7 scc 507; (1999) 7 scc 604 and the recent judgment in the case of indian bank association vs- union of india in wp(c) no.18 of 2013 ( date of order 21.4.2014). the judgment in the present case is also to devise ..... since long. counsel immediately realised that such a distinction if drawn would result in cases of indian citizens being further delayed at the behest of foreigners, a procedure which may not be consistent with law. he, therefore, rightly sought permission to amend the cause-title and prayer clauses of the petition which was permitted. in substance the .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-05-2014
..... agreement, the permanent lok adalat shall, if the dispute does not relate to any offence, decide the dispute. 10. the constitutional validity of the amendment act of 2002 inserting chapter vi-a into the act was put to challenge before the honble supreme court by the bar council of india in the case of bar council of india v. union of ..... and binding on all the parties to the dispute, and no appeal shall lie to any court against the award (vide section 22(2) of the legal services authorities act, 1987 (as amended up to 2002). 10. this copy of award shall be issued to the parties. lok adalat members who made the award:- 1. sd/-rita neihpuii 2. sd/- ..... non-adjudicatory body strives to arrive at a decision based on mutual consent or consensus. 9. chapter via comprising of sections 22a to 22e was inserted into the act by way of an amendment made in the year 2002. it deals with pre-litigation conciliation and settlement. section 22a is a definition section. clause (a) defines a permanent lok adalat .....
Tag this Judgment!Court : Guwahati
Decided on : Aug-19-2014
..... 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
Decided on : Apr-09-2014
..... the anesthesiology department and therefore the senior doctor does not come within the definition of workman under section 2(a) of the i.d.act. 6. referring to the amendment brought through the amending act 46 of 1982, whereby definition of industry under section 2(j) was substituted by excluding hospitals from the preview of the definition, the ..... whether the nethrayala hospital should be placed outside the definition of industry , by application of the changed definition incorporated in the i.d. act, through the amending act 46 of 1982. in the context of the amendment in section 2(s), the supreme court in coir board, ernakulam cochin v. indira devi p.s., 1998 (3) scc 259 ..... the employer and the workmen, it should be considered as an industry under section 2(j) of the i.d. act. the counsel further submits that the substituted definition of industry through the amending act 46 of 1982 is yet to be notified and therefore the hospital should not be considered in the excluded category therefore, .....
Tag this Judgment!Court : Guwahati
Decided on : May-22-2014
..... adequate 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 ..... been created and that 536 nos. of supporting staff were also sanctioned. it is further stated that the 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 .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-28-2014
..... ) no.18/2013, which was reserved for judgment on 21.1.2014. 12. sections 143 to 147 of the act were inserted by the negotiable instrument (amendment and misc. provision) act, 2002, for short amendment act, 2002. by the said amendment act of 2002, a number of changes were also effected in the existing provisions of sections 138 to 142. the said ..... high court held that in such cases de novo trial is not called for and the evidence recorded by the predecessor magistrate forming part of the record can be acted upon. 23. in the case arising for consideration in kishore pallei (supra), the successor magistrate, instead of hearing argument, ordered for de novo trial in view ..... to exercise jurisdiction over the matter and is succeeded by another magistrate who exercises such jurisdiction. under section 326(1) cr.p.c., the successor magistrate can act on the evidence recorded by his predecessor either in whole or any part. if he is of the opinion that any further examination is required, he may call .....
Tag this Judgment!Court : Guwahati
Decided on : Jan-10-2014
..... ground that the normal tenure of the managing committee of the society had already expired is also not acceptable in view of the fact that by operation of amended section 31 of the act, the normal tenure of the managing committee being five cooperative years it expires in the year 2015. the second ground of the impugned order is also baseless. ..... of the cooperation department fairly submitted that the second ground as to automatic expiry of the term of the society cannot be supported in view of amendment made in section 31 of the act with effect from 05.02.2013 enhancing the term of board to five cooperative years. the petitioners society is entitled to a normal term of five ..... second ground is concerned, the term of the managing committee shall expire only on 06.08.2015 and not as on 31.07.2013 in view of the amendment of section 31 of the act with effect from 05.02.2013. with these limited submissions mr. g. n. sahewalla, the learned 10 senior counsel, would argue that the impugned order .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-14-2014
..... dated 17.04.2006 of the sikkim government notifying the sikkim manipal university of health, medical and technological sciences (amendment) act, 2006. as per amended section 5 of the said act, the university is authorized to offer its academic programmes through distance education mode and to establish and collaborate with resource ..... of the country and for the coordination and determination of circumstances in such system. defining distance education system u/s 2 (e) of the act, provides that the same means the system of imparting education through any means of communication such as broadcasting, telecasting, correspondence courses, seminars, contact ..... and state govt. universities. the central/ state govt. universities can conduct courses through distance mode in accordance with the provisions of their respective act and after the approval of the ugc. the information relating to recognized universities list of specified degrees and all the relevant regulations/ instructions/ guidelines .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-13-2014
..... 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 .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-02-2014
..... permitted period of time. 18. the appellants filed their applications under section 5(1)(a) of the 1955 act for registration of their names as indian citizen on 31.08.1998, i.e. prior to coming into force 2004 amendment and when the unamended provisions of section 5(1)(a) was in force. since the appellants have claimed ..... for registration is eligible for consideration for registration as indian citizen. 17. sub-section (1) of section 5 has been substituted by act 6 of 2004, which came into effect from 03.12.2004. clause (a) of sub-section (1) of section 5, after such amendment, makes a person of indian origin, who is ordinarily resident in india for ..... not entitled to apply for registration of their names as indian citizen, cannot, therefore, be accepted. 19. the appellants in the writ petition have pleaded that they filed the applications for registration of their names under section 5(1)(a) of the 1955 act, prior to the 2004 amendment, which having not disputed by the state of assam or .....
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