Court : Guwahati
Decided on : Sep-06-2014
..... 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
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 : Jul-23-2014
..... ) 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
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-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 : 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 .....
Tag this Judgment!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 : 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 : Apr-11-2014
..... khaspossession by removing the defendants aforesaid, in respect of the suit land, on the ground that the defendants forcefully occupied the same. subsequently, the plaintiffs, by filing amendment petitions, amended the plaint in t.s. no. 16 of 2007 and the plaint in t.s. no. 17 of 2007 on 08.02.2010 and brought on record the ..... denied the plaintiffs allegations that they had forcefully and illegally occupied the suit land. 9. after filing the said written statement, on 04.05.2010 i.e. after amendment of the plaint, on 08.02.2010, the defendants, in both the suits, filed counter claims reiterating the claims made in their written statements and thus, by claiming ..... pleadings by the proposed counter claim, rather the averments, made in their earlier written statements, have been reiterated in the form of counter claims. in view of amending the plaint in 2010 and filing of the counter claims in the same year itself, it cant be be concluded that the defendants, with an ulterior motive, attempted .....
Tag this Judgment!Court : Guwahati
Decided on : Apr-11-2014
..... khaspossession by removing the defendants aforesaid, in respect of the suit land, on the ground that the defendants forcefully occupied the same. subsequently, the plaintiffs, by filing amendment petitions, amended the plaint in t.s. no. 16 of 2007 and the plaint in t.s. no. 17 of 2007 on 08.02.2010 and brought on record the ..... denied the plaintiffs allegations that they had forcefully and illegally occupied the suit land. 9. after filing the said written statement, on 04.05.2010 i.e. after amendment of the plaint, on 08.02.2010, the defendants, in both the suits, filed counter claims reiterating the claims made in their written statements and thus, by claiming ..... pleadings by the proposed counter claim, rather the averments, made in their earlier written statements, have been reiterated in the form of counter claims. in view of amending the plaint in 2010 and filing of the counter claims in the same year itself, it cant be be concluded that the defendants, with an ulterior motive, attempted .....
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