Court : Guwahati
..... . 17. in the above backdrop, when mother union english l. p. school refused to hand over its management to the state govt. they were acting within the provisions of section 7 of the said act, but the teachers were free to be transferred to, and/or posted in, any other dclp school. 18. upon hearing learned counsel for the parties ..... to serve as a teacher in government l. p. schools of garo hills autonomous district. 8. for the sake of brevity, let me quote relevant provisions of section 3 of the said act of 1993, which run as follows : '3(1) on and from the appointed day, all the dclp schools in the autonomous districts shall stand takenover by, ..... 1980, could have been considered for transfer to, and absorption in, government l.p. schools in the said autonomous district inasmuch as by notification issued under section 4 of the said act, state government had fixed 22.7.1980 as the cut off date in respect of the said autonomous district and since the petitioner was appointed in mother union .....
Tag this Judgment!Court : Guwahati
..... charge sheet was submitted have already been discharged by this court and secondly, the special judge, assam has no jurisdiction to try the offence under section 7 of the essential commodities act. the learned counsel for the petitioner has further submitted that the entire case hinged on the testimony of the approver r.k. goyal, who ..... the year 1985 charge sheet was submitted against 26-accused persons under section 120b/420/467/477a, ipc read with section 7 of the essential commodities act read with clause 7 of the iron & steel (control) order, 1956 and also under section 5 of the prevention of corruption act. out of these 26 persons, two of the accused persons were ..... pardoned under section 306, crpc and they were cited as approvers. subsequently, 4 of the accused persons whp were all public servants approached this .....
Tag this Judgment!Court : Guwahati
..... such suicide had been abetted by her husband or by such relative of her husband. 19. the supreme court has observed that by introduction of section 113-a in the evidence act, section 206, ipc has acquired wider dimensions and has become a serious marriage related offence. under certain conditions, the court may presume that the suicide ..... the failure by her father to pay the remaining amount of the dowry. the trial court rejected the prayer to consider release on probation of the offenders' act under section 360 of the criminal procedure code (for short, 'crpc') keeping in mind the present disturbing scenario in the society which is smeared with occurrences of torture and humiliation ..... whether in the absence of date and time of making the statement by the deceased to these witnesses, a test of proximity under section 32 of the indian evidence act has been fulfilled. section 32 is an exception to the rule of hearsay and makes admissible statement of a person who dies, whether the death is .....
Tag this Judgment!Court : Guwahati
..... proper and really permissible to see if the millers in question can be called manufacturers also, and as such producers. reference to clause (a) of section 3(2) of the act would show that the expressions production and manufacture have been used not in one and same sense, but to convey distinct notions.9. because of all ..... according to shri das, this was beyond the competence of the governor of assam, in whose name the levy order has been issued under section 3 of the essential commodities act, 1955 (for short, the act), on being authorised to do so by the central government, whose delegation order is at annexure b. though in that delegation order. clause ..... . p. plantations, air 1969 sc 930, wherein the word 'produce' was examined, as it appeared in the definition of 'dealer' given in section 2 (viii) of the kerala general sales tax act, 1963. therein it was stated that the intention in employing the word 'produce' was obviously to introduce an element of volition and effort involving the .....
Tag this Judgment!Court : Guwahati
..... , it is agreed at the bar that inviting the 'conventional amount' was not properly explain by ld. tribunal below and particularly if section 163-a of m.v. act' 88 was applied, there is nothing in scheduled ii of motor vehicle act 1988 as amended update) to speak on any 'conventional amount'. be that as it may, it was pleaded that the child .....
Tag this Judgment!Court : Guwahati
..... our opinion correctly, by the tribunal that the returning officer who received the nomination papers, was satisfied that the papers were in order, as required under section 33(4) of the act. the nomination papers have been rejected by the returning officer on the date of the scrutiny on the ground that they did not comply with the requirement ..... would be hit by section 36(4) of the act which provided that the returning officer should not reject any nomination paper on the ground of any defect which is not of a substantial character. i ..... the learned member of the tribunal has discussed the point at issue at considerable length and has come to the finding that there was substantial compliance with section 33(1) of the act in completing the form and in delivering the same and the omission or defect if any, was not of a substantial character and that the rejection order .....
Tag this Judgment!Court : Guwahati
..... 1) delai gate (ii) old golaghat road and (iii) new golaghat road respectively and to impose token fees fixed by the government, in consonance to section 6(1) of the aforesaid nlpcd act, 1980. that such certificate is required to be given in order to certify the meat as fit for human consumption. that such imposition of token fees by ..... the right to establish quarantine check-post and also to impose token fee. however, as provided under section 1 clause (ii) of the nagaland livestock and poultry contagious disease act, 1980 (nagaland act no. 4 of 1981), section 3 to 8 of the said act, which provides, inter alia, for establishment of quarantine check-posts and imposition of token fee shall extend ..... effective from 1990. in annexure-1, only some new items like, elephant, horse, fulo, pig, dog, one-day-chick and eggs have been added.11. the nlpcd act, 1980 (annexure-b) vide sections 3, 6 and 8 empowers the government with for power of health-check of the livestock and collection of token fees and .....
Tag this Judgment!Court : Guwahati
..... and 3 by the returned candidate.9. on conclusion of evidence., notice was issued to shri riazul hussain, the then chairman of the board, under section 99 of the representation of people act, 1951, directing him to show cause as to why he should not be named as one of the respondents. on appearance, copies of all ..... .2001 allotted the work in favour of a close associate of the returned candidate, namely, loknath darabdhora, in violation of the provisions of section 12 of the contract labour (regulation and abolition) act, 1970 ?(vii) whether the returned candidate also promised the villagers of sologuri hatigor in the election meeting held on 2.5.2001 that ..... the person holding the post of chairman, assam state electricity board fall within the ambit of the 'person in the service of the government' under section 123(7) of the representation of people act, 1951?4. if, so whether the respondent no. 1 obtained any assistance from the chairman, aseb for furtherance of his prospect in election ?5 .....
Tag this Judgment!Court : Guwahati
..... clearly indicate that no alienation of any land in favour of any person is permissible without previous sanction by the collector.6. section 26 of the urban land (ceiling and regulation) act, 1976 provides that no person holding a vacant land within the ceiling limit shall transfer such sand by way of sale, mortgage ..... for sale. in order to appreciate this view, we may refer to the provisions of the different acts referred to above. sections 4 and 5 of the assam alienation of land (regulation) act, 1980 are quoted below ; '4. restrictions on alienation. - no person shall without the previous sanction of the ..... land prior permission from govt. is necessary.' 6. the contents of the above instructions read with section 4 of the assam alienation of land (regulation) act, 1980 and section 26 of the urban land (ceiling and regulation) act, 1976 clearly show that the deputy commissioner enjoys enormous powers in allowing or refusing application for permission .....
Tag this Judgment!Court : Guwahati
..... that the state government had issued a notification vide. no. pia.326/97/ 55 dated 29.11.2001 empowering the district magistrates of assam to act under section 3(3) of the act. it has been stated therein that the concerned advisory board duly considered the representation of the petitioner and other materials and submitted its opinion/report to ..... the report in the ministry of home affairs on 12.2.2002. the concerned joint secretary in the ministry of home affairs who was authorised to act under section 3(5) of the act examined the report and decided on 12.2.2002 that no interference with the order of detention was called for. 5. it has been further ..... government of assam which in turn passed the order of confirmation mechanically without taking into account such relevant factors. (m) the central government failed to act in terms of section 14 of the act on receipt of the information of the detention of the petitioner. there has been unduly delay on the part of the state government and the .....
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