Court : Guwahati
..... , a division bench of this court, of course in a different context, observed that reasons must be given in a decision of the appellate authority acting under section 64 of the act, vide dhananjoy v. chairman, appellate authority air 1961 assam 56. the decision was rendered on the basis of the law laid down by the supreme ..... suspension of their road permits for a period of one month. being aggrieved, the petitioners preferred appeals against the order to the learned tribunal under section 64 of 'the act' challenging the validity of the order and it is stated that various contentions were raised touching questions of law and facts. it has been complained ..... twenty four appeals.in the result the appeals are disallowed. send back the records to the r.t.a. concerned.2. proceedings under section 60 of the motor vehicles act, 1939, for short 'the act', were drawn up against the appellants by the regional transport authority, tezpur region, tezpur, for violating the conditions of their permits. the .....
Tag this Judgment!Court : Guwahati
..... k)/2007. the writ petition was disposed of by order dated 9.3.09 with the direction to dispose of the petition submitted by the petitioner under section 117(2) of the bsf act, 1968. the said petition having been rejected by the aforementioned annexure-xxxi order dated 6.7.09, the petitioner has filed the instant writ petition, challenging all ..... from service. by the said order, a direction was issued to dispose of the petition filed by the petitioner against the order of confirmation under the provisions of section 117(2) of the bsf act, 1968. (2.) the petitioner while was serving as head constable in bsf, he was tried by a gsfc in april, 2007 on a charge under ..... section 46 of the bsf act for committing a civil offence i.e. murder, punishable under section 302 ipc. according to the said charge, the petitioner while was posted in the particular .....
Tag this Judgment!Court : Guwahati
..... president and vice-president of the zilla parishad being elected, under section 70 of the said act, by and from amongst the members 'directly' elected for the zilla parishad. (b) the petitioner got elected as a member of no. 10 ..... election of the president and vice-president does not include ex-officio members of the anchalik panchayat. for every district, there shall be, under section 64 of the said act, a zilla parishad, which shall consist of the members 'directly' elected for the zilla parishad from the territorial constituency of the district concerned. ..... of the state concerned also form part of anchalik panchayat. the president and vice-president of the anchalik panchayat are, however, elected, according to section 37 of the said act, by the 'directly' elected members of the anchalik panchayat from amongst the 'directly' elected members of the anchalik panchayat concerned, but the collegium .....
Tag this Judgment!Court : Guwahati
..... august 20, 1991, sustained the order of the commissioner of income-tax (appeals) holding that the appellant was entitled to the benefit of deduction under section 35b(1)(b)(iv) of the act. that apart, the tribunal also considered the benefit of rule 6aa of the rules which came into effect from august 1, 1981, specifically making ..... learned counsel for the assessee has contended that it is not necessary that the assessee should maintain an office or branch. for claiming the benefit of section 35b(1)(b)(iv) of the act, even if the expenditure is incurred by an agent, the assessee can claim deduction of the same. in this connection, dr. saraf has placed ..... telehoist ltd. : [1995]212itr177(cal) . in the said decision the calcutta high court held as under (headnote) : ' sub-clause (iv) of section 35b(1)(b) of the income-tax act, 1961, permits a deduction in respect of expenditure incurred wholly and exclusively on maintenance outside india of a branch, office or agency. agency is an expression of .....
Tag this Judgment!Court : Guwahati
..... other words, a fair opportunity of hearing what is alleged against him and presenting his own case is implicit and fundamental. 27. referring to sub-section (5) of section 65 of the act, 1949 which contains the provision of appeal, mr. bujarbaruah, the learned government advocate, vehemently argued that breach of the principles of natural justice at ..... hold that the contention raised on behalf of the state, though attractive, is difficult to uphold that provision of appeal as contained under sub-section (5) of section 65 of the act provides a post-decisional hearing curing the violation of general rule of providing a hearing prior to passing of an adverse order cancellation of ..... judge. in the beginning it is recorded that the petitioner did not press the first relief for striking down clause (iv) of sub-section (2) of section 65 of the act. hence the case was considered on the question of validity of the order passed by the registrar of co-operative societies cancelling the registration .....
Tag this Judgment!Court : Guwahati
..... by the petitioner in support of the election petition as required by rule 94a also does not satisfy the requirement of the proviso to sub-section (1) of section 83 of the act and form 25 appended to the rules. the several averments relating to commission of corrupt practice by the first respondent as contained in paras 4 ..... when in an election petition, the election petitioner prays for setting aside the election of returned candidate on the ground of his corrupt practice as enumerated under section 123 of the rp act, the election petitioner, in addition to the statement of material facts, must also set forth full particulars of any such corrupt practice as alleged. mr ..... the hearing of the aforesaid misc case, the election petitioner filed an application under order vi rule 17 of the code of civil procedure read with section 87 of the rp act praying for amendment of his election petition. this misc application gave rise to present misc case no. 24/2002. by his said amendment application, the .....
Tag this Judgment!Court : Guwahati
..... on production thereof be conclusive evidence of the matters therein contained.' 15. it may be stated here that the central govt. could exercise extra provincial jurisdiction as defined under section 2 of the act provided by treaty, agreement, grant, usage or other lawful means it had acquired jurisdiction in or in relation to areas outside the provinces of india-as the material ..... of mylliem in the ministry of state notification no 186-ib dated the 15th april, 1948. sd/- l. p. singh secretary to the govt. of india new delhi january 12, 1968'. 16. on the basis of the letter, the supreme court concluded that the union govt. was entitled to exercise extra-provincial jurisdiction over the shillong administered area on april 15 .....
Tag this Judgment!Court : Guwahati
..... of reasoned order, which is the basic a judicial order.23. next question for consideration is the power of the remand under section 167, cr. p.c. by amending the above section by section 20 of the act, the executive magistrate and special executive magistrate have also been empowered to exercise these powers though under normal procedure this power can ..... ) thereunder shall be construed as a reference to 'central govt. or the state govt., as the case may be'.according to sub-section (6) of section 20 of the act sections 366 to 371 and section 392, cr. p.c. shall apply in relation to case involving an offence triable by a designated court subject to the modification that the reference ..... chance to the petitioner, in a most mechanical way passed the impugned order on 25-3-91 allowing the prayer to add the aforesaid sections 3 and 4 of the act along with other sections under the ipc. hence, the present petition for setting aside the said order dated 25-3-91.4. in connection with this present .....
Tag this Judgment!Court : Guwahati
..... v. state of uttar pradesh : 1966crilj1514 thus, 'similarly, recently this court has held in munshi ram v. banwari lal : air1962sc903 that under section 41 of the arbitration act and also under section 141, cpc, it was competent to the court before which an award made by an arbitration tribunal is filed for passing a decree in terms ..... to permit parties to compromise their dispute under order xxiii, rule 3, cpc. though there is no discussion, this court has acted upon the view that the expression 'civil proceeding' in section 141 is not necessarily confined to an original proceeding like a suit or an application for appointment of a guardian etc. but it ..... to the difference of views among the high courts as to whether a proceeding in execution is within section 647, an explanation was added to the section 647 by the cpc (amendment) act of 1892, which reads, 'explanation - this section does not apply to applications for execution of decrees which are proceedings in suits.'17. laying down .....
Tag this Judgment!Court : Guwahati
..... bsf would not in any way dilute the control over the bsf vesting in the central government by virtue of what has been stated in section 4 of the border security force act inasmuch as commission of enquiry is a fact finding body and by appointing such a commission no control over the working of the bsf can ..... the notification of the union government was held invalid by kailasam, j. who decreed the suit. he did not consider vires of section 3 of the act. the other six judges of the bench held section 3 is valid and declared notification of the union government covered different counts other than specified in may 19 notification of the state. y ..... any controversy in this regard. the object for enactment of the act 47 of 1968 was to avert smuggling and unauthorised entry into the indian territory and to instil security among the people residing in the border areas of the country. this act in ten chapters covers 142 sections. at first two sets of rules were promulgated. border security force .....
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