Court : Guwahati
..... to clear the facts which culminated in these writ petitions. the member-secretary, assam state legal services authority in pursuance of the provisions of section 22b(1) of the act issued notices to the writ petitioners taking cognizance of various complaints received by him from different persons for adjudication of the disputes raised in accordance ..... chairman of the state authority. the powers, according to mr. das, are relatable to the powers and functions of the state authority as defined in section 7 of the act. the member-secretary cannot transcend beyond what have been prescribed by the state government or assigned to him by the executive chairman. highlighting different provisions ..... ) empowers the state government to constitute legal services authority for the state to exercise the powers and to discharge the functions under the act. sub-section (2) of section 6 provides that a state authority shall consist of the chief justice of the high court as the patron-in-chief; a serving or .....
Tag this Judgment!Court : Guwahati
..... settled law that there could be no vested right in respect of procedure, and the 1976 c. p. c. amendment act not having made any saving in express terms in respect of the relevant provisions contained in section 99 and order 1, rule 9 it ought to have applied to the case the amended provisions. he has accordingly drawn ..... the other side 'adding further that' a party cannot be refused just relief merely because of mistake, negligence, inadvertence or even infraction of the rule of procedure'. in air 1968 sc 1165, (nair service society v. k. c. alexander) the court held that to avoid circuity of litigation amendment could be allowed of the pleadings even on the eve ..... expand the; scope of the main provision or otherwise contain in itself any substantive right or rule or procedure. there cannot be any doubt about the position that both sec. 99 and order 1. rule 9 are remedial provisions. the object of both these provisions is to ensure that prolixity in litigation is avoided on the one hand and .....
Tag this Judgment!Court : Guwahati
..... of the matter has to be noticed. if any allegation of unauthorised collection of tax is established, the consequence as provided in section 65a of the 1993 act and/or section 10 of the 1956 act as the case may be, would follow. in a given case, the person collecting such tax may be penalised as well. having ..... without jurisdiction. thirdly, the impugned orders are, following a purported assessment under section 17(4) of the 1993 act read with section 9(2) of the 1956 act', and having regard to the vague and omnibus findings contained therein, those are clearly unsustainable in law and on facts. besides, ..... in the instant case, according to him, while making the impugned demand, the respondent no. 2 did neither resort to the procedure prescribed under section 65a of the 1993 act not had verified each and every transaction for which allegedly the central sales tax had been collected by the petitioner, the same is illegal, arbitrary and .....
Tag this Judgment!Court : Guwahati
..... not approved by the district council nor the custom is codified by the said constitution is totally wrong and the finding therefore is contrary to the provision of section 3 of the act.22. in view of the above position, the order of the executive committee passed on 24.5.2001 (annexure 10) directing for fresh inquiry by the ..... (o.p.) appears not to have violated, the terms and conditions of his appointment (sanad) as well as the provisions of section 6 of the u.k.j. hills autonomous district (appointment and secession of chiefs and headmen) act, 1959 as amended.'after the said inquiry report was submitted by the inquiry officer/ addl. judge, addl. district council court, ..... allowed and disposed of.26. before parting with the records it is observed that although the act was passed in the year 1959 and amended from time to time, no rules have been framed under the act as provided under section 21 of the act. many cases of this nature has come up before this court in which the executive .....
Tag this Judgment!Court : Guwahati
..... that the present case against the accused-petitioners on the basis of the allegations of the prosecution squarely comes within the provisions of section 5 corruption act and as such sanction under section 6 of the act is a must, which is absent in the cases in hand. as stated earlier, there is no dispute at the bar that ..... the prosecution story is accepted, in their capacity as employees of the steel authority.17. situated thus, i held that in this case sanction under section 6 of the prevention of corruption act, 1947 is necessary and in absence of such sanction, the cases against the present petitioners must fail.18. regarding the doctrine of circumvention, i ..... as the proceeding suffers from legal defect i.e. taking up of cognizance without sanction, which is in contravention of the mandatory provisions of section 6 of the prevention of corruption act, 1947.13. it has been urged on behalf of the prosecution that the alleged conspiracy was not entered into by the present petitioners in .....
Tag this Judgment!Court : Guwahati
..... documents regarding genuineness of the seeds and the plaintiff failed to show any genuineness certificate with regard to the seeds and it was violative of section 7 of the seeds act of 1966. clause (a) of section 6 provides as follows : '(a) the minimum limits of germination and purity with respect to any seed of any notified kind or ..... in good faith. there is an order in the name and style of seeds (control) order, 1983. this order was made in exercise of power conferred under section 3 of the essential commodities act, 1955. order no. 3 provides as follows : '3. dealer to obtain licence.-- (1) no person shall carry on the business of selling exporting or ..... w. 1 rana lal.certain documents were also exhibited.8. there is an act in the name and style the 'seeds act, 1966'. the act extends to the whole of india. section 7 of the act provides for regulation of sale of seeds of notified kinds or varieties. that section is quoted below : '7. regulation of sale of seeds of notified kinds or .....
Tag this Judgment!Court : Guwahati
..... 4. control and superintendence of market committee :- for the purpose of enabling the board to exercise superintendence and control over the market committee as per sub-section (10) of section 3 of the act:- 1. all the employees of the market committee shall under controland superintendence of the board: 2. the market committee shall be guided by the board. ..... of the act as well as rule 21(7) of the rules.19. in support of his argument, mr. misra, learned sr. counsel has relied on several decisions of the apex court. referring to the decisions in m/s braithwaite & co. v. esi corporation (air 1968. sc-413), it is submitted that the legal fiction has been ..... agricultural produce shall be deemed to have been brought and sold in the notified area.40. we have already quoted herein above the explanation 1 appended to section 21 of the act. a bare perusal of the said provision of law would clearly indicate that the statutory presumption regarding sale and purchase is raised in respect of notified .....
Tag this Judgment!Court : Guwahati
..... the working of the market committees and affairs thereof including programmes undertaken by such market committees for the development of markets and market areas. section 31(1) of the act detailing the functions and powers of the chief executive officer empowers him to exercise supervision and control over the officers and staff employed by the ..... on adhoc basis or otherwise, unless the post is approved by the state government. such a provision has been made by bringing amendment to section 19 of the aforesaid act of 1972. the market committee is also required to submit the respective lists of posts categorywise since its establishment for ex-post facto approval of ..... engagement was not against any vacancy. as per the stand in the affidavit, the services of the petitioners were terminated in terms of the amended provisions of section 19 as noticed above. as per the said amended provisions, ex-post facto sanction of the government is necessary for all the existing posts. the proposal .....
Tag this Judgment!Court : Guwahati
..... right; and (4) even if the durbar resolution ext. a/4 conferred any right, such a right ceased to exist on introduction of indian forest act to manipur under section 3 of the merged states (laws) act, 1950, and the plaintiffs have no right to evict the defendants. 6. the questions that arise for determination are; (1) whether the durbar ..... the original occupant of the land in question, over which the defendants' village is situated. 3. the learned subordinate judge, manipur, in o. s. no. 12 of 1968, framed as many as 8 issues and decided them in favour of the plaintiffs, arriving at the findings that since the grant by the manipur durbar in the year 1932 ..... manipur, passed in civil appeal case no. 109/67 of 1970, affirming the judgment and the decree of the subordinate judge, manipur in o. s. no. 12 of 1968, ordering eviction of the defendants-appellants from the area of uyok (forest reserve) of the seijang villagers. the plaintiff on behalf of the villagers of seijang claimed that the hill .....
Tag this Judgment!Court : Guwahati
..... .6. as stated above, the matter was referred to the arbitrator as per provision of aircraft act and section 9b(1)(g) provides that nothing in the arbitration act, 1940 shall apply to arbitration under this seetion. further section 9c provides for an appeal before the high court within the whose jurisdiction the acrodrum is situated. ..... we find that this is a statutory appeal under the aircraft act. on perusal of the said act, we find that the act had not prescribed any special procedure for disposal of the appeal under section 9c. learned counsel of both sides have also informed that neither the act nor the rules provides any special procedure for hearing of ..... the appeal. we, therefore, hold that the observation of the apex court in the case of collector varanasi, appellant v. gauri shankar misra and others. respondents (air 1968 sc 384) .....
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