Court : Guwahati
..... dispur, the 30th august, 1986.no. epg. 1003/86/3 : in exercise of the powers conferred under section 27(1) of the assam elementary education (provincialisation) act, 1974 and section 3(3) of the assam secondary education (provincialisation) act, 1977, the governor of assam is pleased to frame the following procedures for promotion to the post of ..... issued by the government of assam in the education (personnel) department in exercise of the powers conferred under section 27(1) of the assam elementary education (provincialisation) act 1974 and section 3(3) of the assam secondary education (provincialisation) act 1977 laying down the procedure for promotion to the post of headmaster of m.e/m.e. madrassa/ ..... appointment/promotion as headmaster. but it was said shri a.u. laskar who was only h.s.l.c. passed with bisharad in hindi was allowed to act as headmaster in-charge of the school. the representation submitted by the petitioner yielded no result. on the other hand, by an order dated 23.7. .....
Tag this Judgment!Court : Guwahati
..... force with effect from 26th march, 1996 provides for provincialisation of the services of teaching and non-teaching employees of certain junior colleges in the state of assam. section 2(e) of the act 1996 defines the 'employee', which means 'a person in the teaching or non-teaching employment of a junior college working against a regularly sanctioned post as per standard ..... whose appointment has been approved by the government of assam'. so, to become an employee under this act an employee must be holding a sanctioned post as per the standard staffing pattern and his appointment has been approved by the government of assam. section 3 provides that all employees of the junior colleges specified in the schedule which have received the concurrence .....
Tag this Judgment!Court : Guwahati
..... determining the value of the estate for purposes of estate duty, the accountable person is entitled to an allowance in respect thereof as provided in section 44 of the act. section 44 of the act runs thus: 'in determining the value of an estate for the purpose of estate duty, allowance shall be made for funeral expenses (not exceeding ..... : [1970]78itr199(mad) , kesoram industries and cotton mills ltd. v. cwt : [1966]59itr767(sc) , pramila v. ced : [1975]99itr221(kar) , setu parvati bayi v. cwt : [1968]69itr864(sc) , smith (decd.), in re : executor trusteeand agency co. of south australia ltd. v. irc [1951] ch 360; 3 edc 188.23. the division bench negatived the contention of ..... accountable person relied on the decision of the supreme court in the case of h.h. setu parvati bayi v. cwt : [1968]69itr864(sc) . that was a case arising out of the w.t. act. the appellate controller did not accept the contention. he pointed out that wealth-tax and estate duty are two entirely different enactments. .....
Tag this Judgment!Court : Guwahati
..... reduced into writing result may be (i) the prosecution may subsequently improve the story and (ii) officer may be exposed to vexatious prosecution under section 58 of the act. section 58, inter alia, provides punishment for vexatious entry, search or arrest if it is so done without reasonable ground of suspision or vexatiously and unnecessarily ..... or place whether by day or night. this authorisation by the gazetted officer similarly is also mandatory as otherwise, the subordinate officer will be acting without powers. section 42 is not confined to gazetted officers of the department, but to other officers not being a sepoy, peon or constable who are duly ..... act was enacted in the year 1985 and this transitional provisions cannot continue for 4 years.25. it has been urged by the learned public prosecutor that illegality of investigation does not vitiate the jurisdiction of the court for trial and in support reliance has been placed in sailendra nath v. state of bihar, air 1968 sc 1292 : (1968 .....
Tag this Judgment!Court : Guwahati
..... companies, and from non-banking institutions. it may also call for information from financial institutions and give directions to them,; chapter-iv of the act contains general provisions. under section 46, the central government shall transfer to the rbi rupee securities of the value of five crores of rupees to be allocated by the bank ..... give assistance to any banking company by means of the grant of a loan or advance to it under clause (3) of sub-section (1) of section 18 of the reserve bank of india act, 1934. there is provision for audit of the accounts of banking company.18. in the welfare state of ours it is natural ..... (long term operations) fund and the national rural credit (stabilisation) fund established and maintained by the national bank under sections 42 and 43, respectively of the national bank for agriculture and rural development act, 1981. under section 46c the bank shall establish and maintain a fund to be known as the national industrial credit (long term operations) .....
Tag this Judgment!Court : Guwahati
..... at source under chapter xvii-b or paid in advance under chapter xvii-c.' 9. three factors stare on the face of the section : firstly, clause (i) of sub-section (1) of section 271 of the act has been substituted and ' shall be deemed always to have been substituted ' with retrospective effect, as if it had been in the ..... a debatable point as to whether the amending provision applied to completed assessments and, therefore, no rectification order could be passed by the tribunal under section 254(2) of the act and rejected both the miscellaneous applications.11. being aggrieved, the department successfully sought for a reference and hence the matters are before this court being ..... : [1962]44itr809(sc) came up for consideration in ito v. t. s. devinatha nadar : [1968]68itr252(sc) wherein, inter alia, it has been held : (1) that on a plain reading of section 35(5) of the indian i. t. act, 1922, it was clear that the subject-matter of rectification was the completed assessment of a partner in .....
Tag this Judgment!Court : Guwahati
..... contention of the petitioners fails. 18. mr. p.g. barua, learned counsel for the petitioner has faintly submitted that the impugned order was rendered under section 138(2) of the act', but no such appeal lay against orders rendered by the state government. we have already indicated the source of power. we have held that the impugned ..... committee was very much there and the impugned orders were nothing but reconstitution of the body upon setting aside the earlier orders in exercise of powers under section 22 of 'the act'. 15. learned counsel for the petitioners has also pressed into service the decision of the supreme court in babaji kondaji garad v. nasik merchants co- ..... no jurisdiction to review the impugned order. the fifth contention of the learned counsel for the petitioners is that the government have in fact acted under sections 135, 136 and 137 of the act so it could dissolve the ad hoc committee headed by petitioner 1 only on fulfilment of the conditions set out therein and on no .....
Tag this Judgment!Court : Guwahati
..... 17-11-1961 notice was given by one capt. roshan lal on behalf of the commandant warning chakra bahadur thapa that he was charged under the assam rifles amendment act, 1958 section 6 (b) with using criminal force to his superior officer and assaulting him and threatening him with a sword from the club room, and directing him to give ..... had returned and on 23-11-61 he began the trial of chakra bahadur thapa. he first framed a charge, stating it to be under the assam rifles amendment act, 1958 section 6 (b) for using criminal force to and assaulting major madiah and threatening him with the sword from the club room. six witnesses were examined at the trial ..... imprisonment, it cannot be said that he has been deprived of his liberty otherwise than according to procedure established by law. he has been convicted under section 6 (b) of the assam rifles act, which provides that a rifleman who uses or attempts to use criminal force or commits an assault on his superior officer whether on duty or off .....
Tag this Judgment!Court : Guwahati
..... itself in favour of the purchaser.... **** ***** *****but there has been a change in the legal position in india since the passing of the transfer of property act. section 54 of the act states that a contract for sale of immovable property 'does not, of itself, create any interest in or charge on such property'14. no wonder, therefore, ..... be obtained. i revert, therefore, to the question as to whether all assignments not covered by the provisions of the transfer of property act are necessarily invalid.....by section 23(b) specific relief act, specific performance of a contract may be obtained by the representative-in-interest or the principal of any party thereto, provided that where the ..... the suit the plaintiff has taken those pleas. as observed by this court in prem raj v. d.l.f. housing and construction (private) ltd. : [1968]3scr648 that it is well settled that in a suit for specific performance the plaintiff should allege that he is ready and willing to perform his part of the contract .....
Tag this Judgment!Court : Guwahati
..... 1950 s. c. 222 (m) we came to the conclusion that the provincial government and any officer of the provincial government who may be authorised to act under section 3 (1), have an administrative function to perform. there is no difference in the nature of their function or duties. even as an appellate authority, ..... . there will be no right of appeal, nor would there be any right of representation against the order of requisition. if, therefore, the provincial government acts under section 3 (1), the order would necessarily be of an administrative character based on its opinion. the question then is whether, when the order is passed by ..... the legislature indulges with caution, and which nothing but the legislature can perform. 'it was under the influence of such ideas that the principle of section 23, land acquisition act, obtained statutory recognition. the hold that the institution of private property had is loosening. requisitioning of property in peace times which was not known till .....
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