Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 6 other committees Court: guwahati Page 3 of about 1,583 results (0.126 seconds)

Bhupen Kataki and Etc. Vs. State of Assam and ors.

Court : Guwahati

..... is a barren order, in fact, not a legal order and invalid as such. in our opinion, stay can be granted by the state government acting under section 138 of 'the act' only in deserving and appropriate cases when the government is satisfied that serious prejudice would be caused or the appeal or revision will be frustrated or ..... their favour deposit money for getting the settlement. there is no express power noticed by me conferring power of stay in the panchayati raj act either under section 133 or under section 138(2) of 'the act' until records are called. it appears that the legislature which made the state as the appellate/revisional authorities, with eyes open did ..... (2) that there was some reason or urgent reason for not permitting the impugned order to operate during the pendency of the proceedings before the authority under section 138 of 'the act', (3) that the authority ever considered the effect of the stay order on the panchayat or the lessee. 7. for the foregoing reasons, we hold .....

Maheshpur Tea and Industries Pvt. Ltd. Vs. Mantala Tea Co. Ltd. and or ...

Court : Guwahati

..... case in view of the decision of the supreme court in mahesh chandra's case, the defendant no. 1 while selling the mortgaged property under section 29 of the act, 1951, could not act with mala fide, arbitrariness or unreasonableness. it also appears that the first appellate court finally held that the registered sale deed dated 24.3.1976 ..... person exercising the power. he contended that the defendant no.2 which was the purchaser of the mortgaged property was entitled to the protection of sub-section (3) of section 69 of the tp act, and if the plaintiff was aggrieved by the improper or irregular exercise of power of sale by the defendant no. 1, remedy of the plaintiff ..... decision of the supreme court in narandas v. sa kamtam, air 1977 sc 774, in support of his submission. mr. chattarjee further submitted that sub-section (3) of section 69 of the tp act would show that once a sale was made by the mortgagee in professed exercise of its power to sell the mortgaged property, the title of the .....

N.K. Sinha Vs. State of Tripura

Court : Guwahati

..... legislature never intended that non-compliance with the requirement of laying as envisaged by sub-section (6) of section 3 of the act should render the order void. consequently, non-laying of the aforesaid notification fixing the maximum selling prices of various categories of iron & steel ..... approval of both houses of parliament. in these circumstances, we are clearly of the view that the requirement as to laying contained in sub-section (6) of section 3 of the act falls within the first category i.e. 'simple laying' and is directory not mandatory.''from the foregoing discussion, it inevitable follows that the ..... was rejected by the supreme court with the following reasons :'in the instant case, it would be noticed that sub-section (6) of section 3 of the act merely provides that every order made under section 3 by the central government or by any officer or authority of the central government shall be laid before both houses .....

S. Veneer and Saw Mills, Nagaland Vs. State of Nagaland and ors.

Court : Guwahati

..... as the main point urged is regarding power of the state government to realize royalty including advance royalty vis-a-vis the provisions of the nagaland forest act, 1968, for short the act'. 3. in the counter-affidavit filed on behalf of the respondents the allegation that the mill was closed down for about 2 years has been disputed. ..... jowai autonomous district v. dwet singh, air 1986 sc 1930, also considered the term 'royalty'. in that case, the district council in exercise of powers under an act made under the sixth schedule to the constitution issued a notification imposing royalty on timber. their lordships referred to jowitts' dictionary of english law and according to the said ..... on behalf of the writ petitioner that the royalty which has been imposed is not tenable in law in absence of any legislation or rules framed under the act was rejected. 6. the first question that has to be decided is whether the imposition of royalty on the basis of installed capacity of each mill is a .....

Smt. Roma Bhattacharjee Vs. Md. Bachu Sheikh and ors.

Court : Guwahati

..... placed on nair service society v. k.c. alexander, reported in air 1968 sc 1165. further projecting the case of the defendants-respondents, mr. mahanta has submitted that under section 4 of the assam state acquisition of zamindaris act, 1951. on issuance of notification under section 3 thereof, the rights, title and interest over the land gets vested ..... c, are mandatory; and the ordinaiy litigant, who claims under one of the parties to the former suit can only avoid its provisions by taking advantage of section 44, evidence act, which defines with precision the grounds of such avoidance as fraud or collusion. it is not for the court to treat negligence, or gross negligence, as ..... on earlier declaration of her title to the suit laud. such a suit is squarely covered by article 65, hence. article 64 of the limitation act and /or section 6 of the specific relief act have no application in the present case.24. thus, the defences, which are, now. ' being offered by mr. mahanta, were all available .....

Bhanwara Ram Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... counsel appearing on behalf of the respondents and perused, the records. 6. admittedly, for commission of civil offence as defined under section 46 of 'the border security force act, 1968' (shortly the act), the ssfc was assembled to enquire/try the petitioner on the charge framed and after recording the evidence allowing all opportunities, the ..... learned senior counsel appearing on behalf of the petitioner having referred the provision of chapter viii under the caption 'confirmation and revision' of the act submits that under section 113 of the act, the finding or sentence of a ssfc which requires confirmation, could be revised by an order of confirming, authority and on such revision, ..... the court, if so directed by the confirming authority, may take additional evidence and under section 114 of the act, the finding and sentence of a ssfc shall not require to be confirmed, but may be carried out forthwith if the officer holding the .....

N.K. Sinha Vs. State of Tripura

Court : Guwahati

Reported in : 2002CriLJ404

..... legislature never intended that non-compliance with the requirement of laying as envisaged by sub-section (6) of section 3 of the act should render the order void. consequently, non-laying of the aforesaid notification fixing the maximum selling prices of various categories of iron & steel ..... approval of both houses of parliament. in these circumstances, we are clearly of the view that the requirement as to laying contained in sub-section (6) of section 3 of the act falls within the first category i.e. 'simple laying' and is directory not mandatory.''from the foregoing discussion, it inevitable follows that the ..... was rejected by the supreme court with the following reasons :'in the instant case, it would be noticed that sub-section (6) of section 3 of the act merely provides that every order made under section 3 by the central government or by any officer or authority of the central government shall be laid before both houses .....

Mahabhairab Temple Management Committee Vs. Govinda Borthakur and ors.

Court : Guwahati

..... learned district judge, that during the period 1972 to 1976, narayan borthakur had managed the affairs of the temple in question. if that be so, the annuity under section 8 of the act must go to his legal heirs. as the same has been done by the authority and such action has been upheld by the learned district judge, for the ..... that during the period 1972 to 1976, narayan borthakur had been the head priest of the temple and was also the head of the institution under section 2(d) of the act ; and that the management committee having come into effect from 2.5.1976, the grant of annuity in favour of the present respondent no. 1 was rightly ..... known as shri mahabhairab devalaya at the tezpur town during the period 1972 to 1976. the appeal filed before the learned district judge, darrang at tezpur, under section 21 of the act by the management committee of the temple against the order dated 6.6.1986 was dismissed by the learned district judge by his order dated 13.10.1999 holding .....

Umed Sharma Vs. Doom Dooma Town Committee and anr.

Court : Guwahati

..... the board falls under section 153 of 'the act'. section 153 of the act empowers the board to prohibit or regulate the driving, riding or leading of animals or vehicles of any particular kind along any public road or ..... or permanently. in that event such decision should be taken by the board at a meeting. the board is obligated to perform the obligation set out in section 152 of 'the act'. in the instant case the road has not been totally closed to the pedestrians, animals or vehicles, except heavy vehicles. in our opinion, the action of ..... counsel has also conceded that the town committee was a municipality for all intention and purposes, by virtue of the provisions contained in sections 334, 335 and in particular sub-section (3) of section 336 of 'the act''. as such, on concession of the parties we hold that the town committee is a municipality and that the portion of the .....

Co-ordination Committee of Bus Owners of Dibrugarh and Tinsukia Distri ...

Court : Guwahati

..... . making use of the said plot of land as a public bus stand, the respondent-town committee is not entitled to collect any parking fees. this apart, under section 68 of the assam municipal act, 1956, the respondent-town committee cannot impose any parking fee without prior sanction from the government. however, since no sanction, in this regard, has been obtained from ..... the government by the respondent-town committee c in terms of clause (n) of sub-section (1) of section 68, the collection of parking fees is completely without jurisdiction and illegal .....