Court : Guwahati
..... the respondents is barred by limitation as the same was made after expiry of six months from the relevant date in view of the provisions laid down under section 11a of the act. the main contention of the writ petitioner is that on the own admission of the collector, customs and central excise, shillong--2nd respondent herein--under his ..... petitioner, the alleged search and seizure made by the respondents was in complete violation and infraction of the provisions of the law laid down under section 12 and 18 of the central excise and salt act and sections 103, 105(i), 110, 165, 210 and 353 of the code of criminal procedure. as the respondents had failed to refund the ..... the apex court and the high courts reported in : 1988(36)elt445(cal) , 1981 elt 389 (del), : 1989(42)elt338(sc) , 1983 elt 1342 (sc), air 1964 1 (gau) (fb), : [1968]1scr148 , 1994(2) glr 239 (gau), : 1954crilj1029 , 1978 elt 294 (sc), 1979 elt 613 (sc), : [1954]1scr1122 , 1988 ghc 165 (gau), : [1980]1scr1170 and 1978 elt j 613 .....
Tag this Judgment!Court : Guwahati
..... the respondents is barred by limitation as the same was made after expiry of six months from the relevant date in view of the provisions laid down under section 11a of the act. the main contention of the writ petitioner is that on the own admission of the collector, customs and central excise, shillong--2nd respondent herein--under his ..... petitioner, the alleged search and seizure made by the respondents was in complete violation and infraction of the provisions of the law laid down under section 12 and 18 of the central excise and salt act and sections 103, 105(i), 110, 165, 210 and 353 of the code of criminal procedure. as the respondents had failed to refund the ..... the apex court and the high courts reported in : 1988(36)elt445(cal) , 1981 elt 389 (del), : 1989(42)elt338(sc) , 1983 elt 1342 (sc), air 1964 1 (gau) (fb), : [1968]1scr148 , 1994(2) glr 239 (gau), : 1954crilj1029 , 1978 elt 294 (sc), 1979 elt 613 (sc), : [1954]1scr1122 , 1988 ghc 165 (gau), : [1980]1scr1170 and 1978 elt j 613 .....
Tag this Judgment!Court : Guwahati
..... respective compensation ought not to have been allowed to adjudicate the matter once again before this court without having first availed of the remedy provided for under section 18 of the act. mr. n.d. chullai, challenging the finding of the learned single judge has submitted that, the learned single judge has failed to take into ..... consideration the legal aspect of the matter that award made by the collector under section 12 of the act is final and in that view of the matter, the direction of the learned single judge to the collector to re-assess the amounts due ..... make compulsory acquisition of land for public purposes and for companies and for determining the amount of compensation to be made on account of such acquisition. sections 4 to 16 of the act provides for various subjects of acquisition of land such as notification, declaration, compensation, award, enquiry and power to take possession etc. there is .....
Tag this Judgment!Court : Guwahati
..... . the burden is on the respondents to prove the tata mills ltd. had any definite and enforceable right in bombay house which vested in the respondents under section 3 of the act and capable of being enforced. this is a basic or jurisdictional fact which should have been proved by the respondents.'16. the similar view was adopted by ..... the neighbourhood of such land, a proclamation specifying the situation and limit of the proposed forest and setting forth the substance of the provisions of the next following section and also fixing a period requiring every person claiming any right to present to such officer which are to be inquired into by the forest settlement officer before finally ..... jurisdictional fact erroneously then the petitioner is entitled for the writ of certiorari for quashing the same.17. similar view was taken by the hon'ble supreme court in air 1968 sc 1186 (the state of madhya pradesh and ors. v. 1. sardar d.k. jadav (in c.a. no. 1244 of 1967), 2. narayan dutta mishra (in c .....
Tag this Judgment!Court : Guwahati
..... police department during november and december, 2006. as reason for requesting the information is not required to be mentioned in the application for information under section 6 of the rti act, the ground of the present writ petitioners for assailing the impugned order dated 14.1.2008 that the learned state chief information commissioner has to ..... , therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.14. meaning of 'information' is defined in section 2(f) of the rti act 2005 (right to information act, 2005) which reads as follows:2(f) 'information' means any material in any form, including records, documents, memos, e-mails, opinions, advices ..... the spio is also informed to submit a show cause within fifteen days from the receipt of this order why the penalty as prescribed under section 20 of the act which includes a maximum fine of rs. 25,000/- and recommandation for disciplinary action should not be imposed on him for his failure to .....
Tag this Judgment!Court : Guwahati
..... rendering of service is noticed, subject to competent medical evaluation, appropriate decision can be taken by the employer. but such decision has to conform to the requirement of section 47 of the disabilities act and an employee who acquires disability cant simply be discharged. for such eventuality, the employer has the obligation to re10 deploy or at least to ensure that employee ..... above aspect, a high court can usefully refer to the provisions of section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter referred to as the disability act ). in this act, under section 2(i) disability includes blindness or low vision. section 47 of the disability act prohibits the government from discharging an employee who acquires disability during his .....
Tag this Judgment!Court : Guwahati
..... inadvertence is more than apparent, and apparently no prejudice was caused thereby to the petitioners, and none was shown. the convictions were primarily under section 7 of the essential commodities act, 1955, and that act was correctly referred to.14. another point brought to my notice, was that the learned a.d.m. and the learned sessions judge, ..... government in exercise of the powers conferred on it by sub-section (1) of section 3 of the essential commodities act, 1955, was ultra vires, and the convictions of the petitioners were bad in law. he relied strongly on dwarka prasad laxmi narain v. ..... secondly that there wa3 no proof that the said control order order 1956, was laid before the houses of parliament as provided for by sub-section (6) of section 3 of the essential commodities act, 1955. therefore, according to him, the result in either case was, that the control order order 1956 which was made by the central .....
Tag this Judgment!Court : Guwahati
..... register, cash book, vouchers etc. from july 1,1993 to april 30, 1998 are to be produced by the establishment before the inquiry officer under section 7a of the act. therefore, the establishment is directed to produce all the relevant records as mentioned above through the authorized representative before the regional provident fund commissioner, agartala in ..... the members of the same family. therefore they are two independent companies. both cannot be clubbed together for the purpose of levying contribution under section 7-a of the act. we have gone through the reasoning given by the high court. we find that the high court is wholly unjustified in reaching the above conclusion ..... to each other.(c) pioneer press and dainik ganadoot; together employed 23 persons on july 1, 1993.(d) pioneer press and dainik ganadoot were established in 1968 and as such had already; completed 5/3 (sic) years from the date of set up.pioneer press and dainik ganadoot qualify all the conditions stipulated for .....
Tag this Judgment!Court : Guwahati
..... ...the respondent no. 1 thus interprets the manipur foodgrains (movement) control order, 1955 to enable him to exercise powers under clause (f) of sub-section (2) of section 3 of act 10 of 1955 when in fact no such powers were ever conferred on the state government. it was suggested that these powers could generally be exercised by ..... and was published in the extra-ordinary gazette of india on 2-4-1955 and consequently it applied to this state immediately on such publication vide section 5, general clauses act, 1897 (act 10 of 1897) and according to the respondent it was not necessary to re-publish it in the local gazette for the purpose of legal ..... see no force in this contention of the petitioner.29. it has further been urged by the learned advocate for the petitioner on the basis of sub-section (6) of section 3, essential commodities act, 1955, that the manipur foodgrains (movement) control order, 1955, is invalid because this order has not been laid before both the houses of parliament .....
Tag this Judgment!Court : Guwahati
..... by the applicant if accepted would not only render the negative list therein redundant and otiose, it would efface the march of events prior thereto ending with section 154 of the finance act, 2003, the vires whereof has been upheld by the apex court in r.c. tobacco(supra). (f) the policy,2007 not having been challenged ..... policy. (7.) this court sustained the stand of the respondent- revenue and dismissed the challenge laid by the applicant on the following grounds: (a) section 154 of the finance act,2003 read with schedule ix thereof recalled the benefit of excise duty exemption under the policy, 1997 with retrospective effect vis-a-vis pan masala and ..... ministry concerned to modify the policy and justified incorporation of the negative list of ineligible industries in furtherance of such objective. it also referred to section 154 of the finance act,2003 read with schedule ix thereto vis-a-vis the products enumerated therein to and also sought to reinforce its stand by relying on the .....
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