Court : Guwahati
..... cognizable case or non-cognizable case, arrest by a warrant or without a warrant are not actually in practice observed by armed forces under 1958 act. section 4(d) of the 1955 act states any officer, warrant officer, commissioned officer or non-commissioned officer can arrest a person without warrant who has committed a cognizable offence or on ..... and, (v) formation of opinion and the trial. all the five rights are given a go by when an army official exercises power under section 4 read with section 5 of the act and it is urged citizens do not complain out of fear.44. this court in four or five cases elucidated the rights of citizens in ..... under article 257 or article 355 if a state government chooses to withhold co-operation during internal disturbances. such a contingency arose once in kerala in september, 1968 where the union government deployed the central reserve police force suo motu for protection of the union government offices in trivandrum during the strike of the union government .....
Tag this Judgment!Court : Guwahati
..... paid to the employees. likewise, columns 2 to 5 in form 'b' shows the amounts paid or to be paid. these columns indicate, coupled with the words in section 15 of the act, that the amounts deposited are for the benefit of workmen. in such a case, the amounts, we hold, cannot be used or utilised by the assessee for business purposes ..... -on of 1966-67 credited to profit and loss account after expiry of four year period1,64,8005,91,511 ..2,26,0608,17,5718.1971-721973-74set-on of 1968-69 credited to profit and loss account after expiry of four year period1,85,2006,32,371 ..3,92,35610,24,7269.1972-731974-75set-on of ..... 1968-69 utilised for payment of bonus2,06,0328,18,69410.1973-741975-76set-on of 1969-70 credited to profit and loss account after expiry of four year period2,00, .....
Tag this Judgment!Court : Guwahati
..... in civil rule no. 4509/94 allowing the writ petition of the respondent. 2. the respondent association is a trade union registered under the trade union act, 1968. the members of the respondent association are employed as canteen boys in the staff canteens 'of the different branches of the central bank of india located ..... of the statutory canteens maintained by the railway administration as part of its statutory obligation under the rules made by the state government under section 46 of the factories act as well as employees of non-statutory recongnised canteens maintainedby the railways administration under para 2831 of the railway establishment manual are employees of ..... 15. in indian petrochemicals corporation ltd. v. shramik sena (surpa) cited by mr. sarma, the canteens were being run by the management under section 46 of the factories act, 1948 and, therefore, the employees working under the said contractor in the said statutory canteens were held by the high court to be employees of .....
Tag this Judgment!Court : Guwahati
..... if the resolution can be read as meaning that the grant was of rent-free land, the case would come strictly within the doctrine of estoppel enunciated in section 115, evidence act. but even otherwise, that is, if there was merely the holding out of a promise that no rent will be charged in the future, the government ..... its own obligation to the citizen on an ex parte appraisement of the circumstances in which the obligation has arisen'.41. the decision in indo afghan agencies air 1968 sc 718 not only strengthened the application of the doctrine of promissory estoppel, in india, against the government by firmly laying down that the government is not exempted ..... v. state of uttar pradesh reported in : [1979]118itr326(sc) , as the epoch-making decision.42 close on the heels of the epoch-making decision in indo afghan agencies air 1968 sc 718, the two-judge bench of the supreme court in century spinning & mfg. co. ltd. v. ulhasnagar municipal council reported in : [1970]3scr854 , observed and held .....
Tag this Judgment!Court : Guwahati
..... is clear that a circular of the kind which was issued by the board would be binding on all officers and persons employed in the execution of the act under section 5(8) of the act. this circular pointed out to all the officers that it was likely that some of the companies might have advanced loans to their shareholders as a result ..... is clear that a circular of the kind which was issued by the board would be binding on all officers and persons employed in the execution of the act under section 5(8) of the act. this circular pointed out to all the officers that it was likely that some of the companies might have advanced loans to their shareholders as a result ..... paragraph 10 (at page 304) of the judgment, the supreme court pointed out as follows : 'in union of india v. indo afghan agencies ltd. [1968] 2 scr 377; air 1968 sc 718, this court, in considering the nature of the import trade policy said : 'granting that it is executive in character, this court has held that the courts have the .....
Tag this Judgment!Court : Guwahati
..... furnishing of the bank guarantee by the company. merely because the tribunal had insisted upon the payment of the amount in terms of proviso to sub-section (5) of section 39 of the act, should not have annoyed the court while granting the relief in exercise of its powers under article 226 of the constitution. the impugned order being ..... the party concerned to either pay the amount or make out a case for the stay in terms of proviso to sub-section (5) of section 39 of the act. once the conditions specified under sub-section (5) of section 39 are complied with, the appeal is born for being disposed of on merits after hearing both the sides.8. ..... in relation to the filing of an appeal, as is also the mandate of sub-section (5) of section 39 of the act this court in lakhsmiratan engineering works ltd. v. assistant commissioner (judicial) i, sales tax, kanpur range, kanpur (1968) 21 stc 154; air 1968 sc 438 observed:'to begin with it must be noticed that the proviso merely requires that .....
Tag this Judgment!Court : Guwahati
..... it contended by it that it was entitled to the weighted deduction on account of export markets development allowance under sub-clause (iv) of the said section of the act. therefore, according to learned counsel for the revenue, the applicant-company not having filed any appeal or cross-objection before the learned tribunal against the order ..... as the present section 254(1) of the act), declined to permit the commissioner of wealth-tax to urge the grounds beyond those ..... support of its claim for weighted deduction under section 35b(1)(b)(iv) of the act.the calcutta high court, in the decision reported in kanan devan hills produce co. ltd. v. cwt : [1968]67itr823(cal) , relied upon by mr. joshi, while dealing with section 24(5) of the wealth-tax act, 1957 (which is almost similarly worded .....
Tag this Judgment!Court : Guwahati
..... dealing with the contentions of the other writ petitions it would be pertinent to refer to the relevant provision of exemption introduced by the assam general sales tax act in sections 9 and 74, which are as under : '9. exemption.--(1) subject to the conditions and exceptions, if any, set out in schedule i, the ..... alleged strength of extra investment for their original unit for further period along with the expanded portion such exemption is not permissible under the concessions act, 1986 or section 3a of the 1947 act, submitted mr. h.n. sharma, learned government advocate. learned government advocate pointed out that the 1991 industrial unit policy was only a ..... certificate in the industrial unit(s) mentioned therein for the safe by the holder subject to production of a declaration as specified in sub-section (2) of section 3 of the 1986 act. the government of assam, in the meantime announced the 1991 industrial policy vide notification dated july 1, 1992 conferred amongst others the benefit .....
Tag this Judgment!Court : Guwahati
..... the finance committee and the selection committee but shall not be deemed to be a member of any of these authorities except that of the court. under section 13 of the act, the powers and duties of the registrar includes the power (c) 'to issue all notices convening meetings of all authorities and committees of which he is ..... and the academic council, so long as they continue to hold such office or membership shall constitute a body corporate by the name of 'the dibrugarh university'. section 4 of the act enumerates the powers of the university. clause (iv) thereunder empowers the university 'to hold examinations and grant to, and confer degrees, diplomas, certificates or other ..... discriminatory and is violative of article 14 of the constitution of india and hence liable to be set aside; and (v) that the provisions of section 18(a) of the act conferring power of withdrawal of a degree on the executive council is void being against public interest and violative of article 19( l)(g) of the .....
Tag this Judgment!Court : Guwahati
..... dated 13.4.1999.2. the aforesaid order of the court was confirmed by the authority concerned and the petitioner made representation under section 117(2) of the b.s.f. act, 1968 which was ultimately rejected. assailing the aforesaid proceedings of the summary security force court, the petitioner has filed this application under articles 226 ..... jurisdiction to try offences under prevention of corruption act (hereinafter 'p.c. act'). the offences charged against the petitioner are section 46 of the b.s.f. act, 1968 read with sections 7 and 12 of the p.c. act, 1988. according to the learned counsel the offences under the p.c. act shall be tried only by special judge appointed ..... and specified under section 3 of the p. c. act. learned counsel gave emphasis to .....
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