Court : Guwahati
..... raj international to the respondent mill, with costs and interests as per the interest act, 1978 read with provisions of arbitration and conciliation act, 1996, a copy thereof was sent to the petitioner m/s raj international at its 70, nalini sett. road, kolkata for information. the said claim of rs. 2,07,28,785.00 was got assessed ..... and the state legislatures with the result that the jurisdiction conferred by the aforesaid articles can only be curtailed or executed with respect to any matter by constitutional amendment and not by other ordinary legislation and/or in other way whatever may be the mode. now, if the aforesaid articles can be considered as a part ..... of the basic feature of the constitution that cannot also be amended even by the parliament. the reason behind this is that the framers of the constitution considered that the people/citizens of the nation be armed with certain powers .....
Tag this Judgment!Court : Guwahati
..... for promotion to the rank of d.i.g18. by annexure-3, letter dated 29.10.1997, the government of india in the ministry of home affairs informed the director general, crpf about the eligibility condition for promotion of cadre officers to various ranks, in terms of which a commandant in the selection grade would be ..... issue administrative in structions regarding the principle to be followed in promotions of the officers concerned to se lection grade posts. it is true that government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point government can all up the gaps and supplement the rules ..... ranks. according to the petitioner, no such amendment was brought but the authorities were taking action in the matter of promotion on the basis of the executive instructions, which according to the petitioner, could not have been taken recourse to in violation of the specific provisions in the act and the rules.20. in paragraph 27 of .....
Tag this Judgment!Court : Guwahati
..... purpose of the scheme and the state's responsibility for the due accomplishment thereof.52. besides as the state authorities have resorted to the amendments readily acting on the representations by the tac holders including respondents 6,7,8 and 9 enabling them, otherwise not eligible, to participate in the process ..... proceedings in different courts insisting upon the incorporation of clauses relating to the experience, exposure and experience in the notice inviting tender (nit) and information for bidder (ifb) by various state governments contending the same to be essential and mandatory to achieve a monopolistic end and usurp in the ..... embody high security features to prevent counterfeiting and duplication thereof, demanding unquestionable experience, expertise and exposure of its manufacturers. given the sophisticated and complex technology involved, past experience in this area of enterprise is of cardinal relevance.99. considering the strategic location of the state of assam and the .....
Tag this Judgment!Court : Guwahati
..... the son after his father death. the supreme court, in the above referred case, observed, that the point to be considered was whether notice is sufficient information as to the nature of the claim such as would enable the recipient to avert the litigation. in the above referred case, the plaintiffs father issued notice ..... the object of the notice contemplated by section 80 cpc is to give to the concerned government and public servants opportunity to reconsider the legal position and to make amends or settle the claims, if so advised, without litigation. the learned single judge, while allowing the appeal, observed as follows :- "7. i have considered ..... which the plaintiff-firms had also agreed. (7.) the appellant no.4, issued work order in favour of the plaintiff-firms and, accordingly, the plaintiff-firms, acting through their attorney, sri rajesh more, had supplied the articles to the defendants department as per specification of work orders, through challans, as mentioned in the respective .....
Tag this Judgment!Court : Guwahati
..... that every activity of a public authority especially in the background of the assumption on which such authority enjoys immunity from the rigours of the rent act, must be informed by reason and guided by the public interest. all exercise of discretion or power by public authorities as the respondent, in respect of dealing with ..... bench, invoking of the extraordinary jurisdiction under article 226 in the case of a contract agreement, which makes provisions for arbitration, would amount to altering, adding, amending or varying the express terms of the contract.88. on a careful and cautious reading of the division bench decision in moirangthem chaoba singh (supra), what ..... article 14, the alternative remedy of referring the dispute to arbitration, as agreed to by the parties, cannot be superceded, for, that would amount to altering, amending, adding or varying the express terms of the contract.87. what is, however, of utmost importance to note is that the observations made by the division bench .....
Tag this Judgment!Court : Guwahati
..... sense. it, however, unmistakably embodies a decision of the state on the recorded issues bearing on its governance. it is intended to be acted upon to achieve the object thereof and is informed with public element. logically, to actualise the same, working norms and precepts have been recited to regulate the appurtenant and ancillary activities to ..... locatable in sections 3 and 4 of the act, chapter iii dilates on the amendment of the existing sales tax law for providing sales/purchase tax concessions to raw materials as well as finished products. a conscious compartmentalisation of ..... new industrial units established on or after october 15, 1982 by grant of exemption from sales tax on raw materials as well as finished products and to amend the existing law on the subject of sales tax incentives to industries. while chapter ii thereof dwells on sales tax concessions in respect of raw materials .....
Tag this Judgment!Court : Guwahati
..... every activity of a public authority, especially in the background of the assumption on which such authority enjoys immunity from the rigours of the rent act, must be informed by reason and guided by the public interest. all exercise of discretion or power by public authorities as the respondent, in respect of dealing with ..... , invoking of the extraordinary jurisdiction under article 226 in the case of a contract agreement, which makes provisions for arbitration, would amount to altering, adding, amending or varying the express terms of the contract.85. on a careful and cautious reading of the division bench decision in moirangthem chaoba singh what becomes transparent ..... 14, the alternative remedy of referring the dispute to arbitration, as agreed to by the parties, cannot be superceded, for, that would amount to altering, amending, adding or varying the express terms of the contract.84. what is, however, of utmost importance to note is that the observations made by the division bench .....
Tag this Judgment!Court : Guwahati
..... very chairman of the board i.e. the respondent no. 3 by his notice dated 15th february, 2006 provided general information to all concerned that the age of superannuation has been raised to 59 years from 58 years in terms of the ..... the notification dated 5th april, 2002 was issued by the commissioner and secretary to the government of assam in the science, technology and environment department. the petitioner accepted the assignment bestowed on him by the government of assam and continued as such and ..... to 60 years, the service rules of the pollution control board, assam, should be suitably amended. however, it is not known as to whether any such amendment has been brought to the rules.14. as noted above, the basic question which calls for ..... no. 3 that such resolution has been adopted as empowered as per the provisions of the water (prevention and control of pollution) act, 1974 and the rules framed thereunder namely, the water (prevention of pollution) (assam) rules, 1977.6. although mr. b.k .....
Tag this Judgment!Court : Guwahati
..... amplify, refine and embellish material facts by giving distinctive touch to the basic contours of a picture already drawn so as to make it full, more clear and more informative. 'particulars' thus ensure conduct of fair trial and would not take the opposite party by surprise.51. all 'material facts' must be pleaded by the party in support ..... prescribed in sections 81,83 and 117 so that the trial is unrelated to the non-compliance by the petitioner with the requirements of section 117. after the amendment, the jurisdiction of both the election commission and the tribunal in respect of election disputes has been abolished and the high courts of respective states have been vested ..... there is nothing in section 85 which permits the election commission to condone the non-compliance with the provisions of section 117. before the amendment of the act in 1966, once the election commission finds the election petition to be in order and does not dismiss it under section 85 for non-compliance with the .....
Tag this Judgment!Court : Guwahati
..... count too. 10. as rule 66 of the assam police manual part iii has been adopted by the governor as a rule under the indian police act, 1861 and the amendment thereto, the service condition and disciplinary proceeding of a constable/rifleman will necessarily be governed by rule 66 of the assam police manual part iii on the ..... a further direction was also given to communicate the results to the petitioner. in terms of the aforesaid order dated 14. 12. 2001 passed by this court, the petitioner was informed by the office of the additional director general of police (law and order), manipur, vide communication no. d- 4/57/2001/adgp (l/o) 5738, dated 20. ..... treated as minor punishment:-(a)(c)(g)(h)by order in the name of governor. sd/- kh. mohendro singhunder secretary (h) govt. of manipur9. according to the amended rule, the termination of a temporary hand in manipur police has been statutorily declared as punishment and, therefore, imposition of any punishment ought to have been preceded by an .....
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