Court : Guwahati
..... the central tenet of judicial review, however, is that it is just that review and not appeal. the court is, required to consider whether the authority acted ultra vires or made an error of law, or whether it took into account irrelevant considerations or failed to take into account relevant considerations, whether it ..... availability of services, facilities or goods, e.g., a delay in commissioning a power project, as in the present case, could lead to power shortages, retardation of industrial development, hardship to the general public and substantial cost escalation.17. in new horizons ltd. and anr. v. union of india (1995) 1 scc 478 the supreme court ..... tractors of not less than 25 bhp with accessories and equipments.factual background:3. the tractors intended to be purchased through national competitive bidding is meant for development of mechanisation in the agricultural sector in the state of assam for which purpose the government of assam has made a fund provision on the budget plan for .....
Tag this Judgment!Court : Guwahati
..... slp stage obviously that order cannot also be affirmed at the slp stage . 10. learned advocate general has placed reliance on three circles v. maharashtra state road development corpn. ltd., as reported in (2005) 9 scc 307. in that case, the appeal preferred by the defendant against an order of interim injunction came to be ..... the appellate decision merely confirms the decision of the tribunal. as a result of the confirmation or affirmance of the decision of the tribunal by the appellate authority the original decision merges in the appellate decision and it is the appellate decision alone which subsists and is operative and capable of enforcement. 7. learned ..... to entirely different contexts. what is material here is that the respondents herein ventured unsuccessfully by filing an appeal under section 19 of the contempt of courts act. the said appeal was dismissed on the threshold as nor maintainable. the question pertaining to the context of this case is whether the appeal having been .....
Tag this Judgment!Court : Guwahati
..... the divisional forest officer, banderdewa forest division, has also issued a certificate, dated 28.02.2002, to the effect that m/s nefa udyog, an authorized world based industry has made full and final payment of royalty monopoly and nothing is lying outstanding against the timbers lifted by them. the petitioners, therefore, ..... in fact, on the representation made to the commissioner/secretary, public works department, government of arunachal pradesh, seeking payment of the said outstanding dues, the authority aforementioned issued a letter, dated 11.03.1994 (annexure-f to the writ petition) directing the chief engineers concerned to make payment of the outstanding dues ..... is, now, of paramount importance to note is that the word permanent registration certificate has not been defined in the act of 1993. necessary, therefore, it is that one looks into the developments in the realm of small scale industrial undertakings, which led to the concept of permanent registration certificate vis-a-vis .....
Tag this Judgment!Court : Guwahati
..... sri choudhury has drawn the attention of the court to paragraph 8 of the judgment wherein the provisions of validation contained in section 11 of the haryana rural development act, 1986 were found to be valid on the basis that the amount collected under the earlier invalid law was not to be retained by the state but ..... the ordinance has been made by the petitioners on grounds of propriety, expediency and necessity for the ordinance which being matters of exclusive consideration of the legislative authority ought not to be gone into by the court. sri choudhury has further submitted that the validating legislation has necessarily to be retrospective as laid down by ..... in operation. however, insofar as refund is concerned the division bench was of the view that the question of refund should be kept open for decision by the authority. accordingly, the direction for refund as made by the learned single judge stood modified. in view of the findings reached, the division bench, naturally, interfered .....
Tag this Judgment!Court : Guwahati
..... 8a confers a discretion on the state government to determine such sum of the proceeds of the tax levied by the act for spending for the purpose of development of trading facilities, roads and other infrastructure in the local area subject to such conditions as may be prescribed. section 8b provides for filing ..... failed to produce any material before the court relating to the utilisation of such proceeds of tax for development of any trading facilities or other infrastructures in the local areas for the payers of the tax under the act. mr. ganesh, therefore, submits that the impugned legislation cannot be termed as compensatory in nature so ..... application for refund of tax by an importer to the prescribed authority subject to the conditions laid down therein. section 9 of the act empowers the state government .....
Tag this Judgment!Court : Guwahati
..... of the legislation is within the express powers, then, it is not invalidated if incidentally it affects matters, which are outside the authorized field.'46. the doctrine of 'pith and substance' has been developed in canada. the leading canadian cases on this doctrine are : citizens. insurance co. v. parsons 7 ac. 96; russell ..... at all compensatory inasmuch as no trading facility is provided to the manufacturers or traders of tobacco and its products, as a class, affected by the impugned act. the aet act, 2001, nowhere, provides or indicates, emphasizes mr. shanti bhusan, that revenue, realized byway of entry tax, will be utilized for facilitating, either directly ..... in respect of the legislation, which forms the subject-matter of hansa corporation (supra), and, hence, this decision is not an authority for the proposition that for every amendment of an act, which had, otherwise, required previous sanction of the president, a fresh sanction has to be obtained.79. article 301, submits mr .....
Tag this Judgment!Court : Guwahati
..... from amongst the member in the manner prescribed.5. under section 31 of the said act, for each development block there shall be an anchalik panchayat having jurisdiction, save as otherwise provided in this act, over the entire development block jurisdiction excluding such portion of the block as are included in a town committee. ..... the process of election after consulting the state government and other authorities. but that should be an exceptional circumstance and shall not be a regular feature to extend the duration of the municipality. going by the provisions ..... is true that there may be certain man-made calamities, such as rioting or breakdown of law and order, or natural calamities which could distract the authorities from holding elections to the municipality, but they are exceptional circumstances and under no (sic other) circumstances would the election commission be justified in delaying .....
Tag this Judgment!Court : Guwahati
..... was making it unviable for industries in remote parts of the country to compete with industries in the central areas and that is why, transport subsidy was developed as a device so that the industries can become competitive and become economically viable. thus, industrial units, in remote areas, were extended the benefit of ..... undertakings concerned and are inextricably linked to the assessee-respondents manufacturing activities. 49. liberty india (supra) is, thus, according to mr. agarwalla, an authority for the proposition, which governs the statutory schemes or provisions of depb and duty drawback inasmuch as the said scheme relate to the export of an industrial ..... duty drawback scheme could be said to be profit derived from the business of the industrial undertaking eligible for deduction under section 80-ib of the income tax act, 1961 (1961 act) ? 53. thus, the question, in liberty india (supra), as can be clearly gathered, was, submits mr. agarwalla, learned senior counsel, whether .....
Tag this Judgment!Court : Guwahati
..... the impugned notices in wp (c) nos. 94 (sh) and 95 (sh) of 2005 by this court by its order dated 19.4.2005, the meghalaya urban development authority ('respondent-authority' for short) issued the notice dated 24.10.2005 upon the petitioner in the following terms:no. muda 188/38/2005-06/39dated shillong, the 24.10.2005toshri ..... the expressions 'any other mode of transfer', and, therefore, would be amenable to the exercise of jurisdiction by the deputy commissioner or the competent authority within the ambit of section 8 of the act of 1971.11. coming now to the question as to whether the word 'transfer' includes testamentary disposition, in my judgment, the answer must be ..... followed by the impugned notices (dated 7.3.2005) issued by the deputy commissioner, east khasi hills, shillong under section 8 of the meghalaya transfer of land (regulations) act, 1971 ('the act of 1971' for short) to all the writ petitioners except the petitioner no. 1 in wp (c) no. 94 (sh) of 2005 i.e. subrata dutta, .....
Tag this Judgment!Court : Guwahati
..... laid down the correct law.26. in view of our foregoing discussion and decisions, we answer the question raised as follows:(1) assam fisheries development corporation has the sole authority and jurisdiction to lease out/settle the fisheries which have been transferred or vested with them under rules 8(c)(ii) if the assam fishery ..... estates. palmer v. cheseboro, 10 a 508, 509, 55 conn. 114.""management is defined as government, control, superintendence, physical or manual handling or guidance, the act of managing by direction or regulation, or administration, as the management of a family, or of a household, or of servants, or of great enterprises or of ..... guidance; superintendence; government; carrying on.the term has also been defined as meaning having the general management, conduct, or direction or something; the act or art of managing; the act of managing by direction or regulation; the manner of treating, directing, carrying on, or using for a purpose; an exercise of conduct in carrying .....
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