Court : Guwahati
..... of interpretation of statutes that the provisions of an act should be interpreted in such a manner as not to render any of its provisions otiose unless there are compelling reasons for the court to resort to that extreme contingency.'51. i may pause here to refer to lucknow development authority v. m. k. gupta, reported in ..... was passed giving regular promotion to the petitioner and the respondent xo. 3, the respondent no. 3 was sent, on deputation, as director, arunachal pradesh energy development agency and on completion of his deputation period, he was repatriated to the parent department, i.e., department of power with effect from 5.6.2002 and consequent ..... (3). hence the word 'appointment' appearing in sub-rule (2) or (3) will mean a temporary arrangement made, as a whole, by the government or the appointing authority under rule 28(1). the realistic interpretation of sub-rule (3) will, therefore, be that 'any appointment' means 'all' appointments made, in the context of one ad .....
Tag this Judgment!Court : Guwahati
..... latter a union as well as a state subject, the powers of the state being subject to the powers of the union, the mines and minerals (regulation and development) act, 1957 was enacted. minerals was defined to include all minerals except mineral oils whereas mineral oils was defined to include natural gas and petroleum. as the provisions of ..... goodricke group ltd. (supra). the point taken in the aforesaid writ petition, inter alia, was that the subsequent decision in mahanadi coalfields ltd. (supra) had eroded the authority of the decision in goodricke group ltd. (supra). both the coal and tea matters were considered by the apex court together along with other similar matters. the need for ..... of levy is not departed from within the four corners of the particular entry, the manner of levying the tax would not have any vitiating effect;(iv) ample authority is available to hold that a tax on land within the meaning of entry 49 of list ii can be levied with reference to the yield or income. .....
Tag this Judgment!Court : Guwahati
..... . ms. hazarika further submitted that a state law may be enacted establishing an autonomous body to run the hospital by empowering the authority to manage the affairs and to take all steps to develop it into a multi-specialized hospital and medical college with post and undergraduate, nursing college and a paramedical institute. according to ms. ..... to be registered to look after the affairs of the hospital. according to him, absolute government control is needed so that outside agencies having no stake cannot act arbitrarily. according to mr. mishra, the government of nagaland should have effective representation to the board of directors to take care of the project for all ..... by a society to be registered as christ institute of health sciences and research. the salient features provide for registration of the society under the societies registration act which will have a general body and a board of directors to manage the affairs of the society as per articles of association and by-laws. .....
Tag this Judgment!Court : Guwahati
..... building in question, by this writ petition have challenged the order dated 30.5.2006 issued by the chief executive officer, gmda under section 88 of the gauhati metroplitan development authority act, 1985 ('the 1985 act') for removal of the building constructed by the petitioner no. 1 unauthorizedly, on the ground of violation of the building bye-laws to the effect that (a) far ..... enacted by the state legislature and received the assent of the president on 20.8.1987, providing for establishment of an authority for guwahati metropolitan development area and for matters connected therewith and incidental thereto. section 3 of the said act empowers the state government to declare the area covered by the gmc area and any other areas contiguous to such area to .....
Tag this Judgment!Court : Guwahati
..... sri mahadananda goswami, and jogodananda goswami, satradhikars, exts-r/5 and r/6. the respondent further stated that the sub-divisional scheduled caste development board, nagaon which is a competent authority, has issued a certificate dated 3.9.93 certifying him to be a member of the scheduled caste community, i.e., 'koiborta community' ..... such rights are statutory creation and, therefore, subject to statutory limiations. an election can be questioned in the manner prescribed in the representation of the peoples act and the act is a complete and self-contained code within which one can find out right to election and/or election dispute (ref.: : [1982]3scr318 , jyoti basu ..... same by filing written statements, this issue has become redundant cannot be accepted in view of the statutory requirements as provided under section 82 of the act. accordingly, this issue is answered in negative and against the election petitioner. in arriving at the aforesaid decision, i am fortified with the law laid .....
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
..... held that--when such 'a wide power is vested in the government it is to be exercised with great caution. as discussed above, the census authority or authorities under the census act, 1948 and rules framed there under had not exercised the wide power vested to them with great caution while preparing the census report of india 2001 ..... by judicial review. the first ground i would call 'illegality', the second 'irrationality' and the third 'procedural impropriety'. that is not to say that further development on a case by case basis may not in course of time add further grounds. i have in mind particularly the possible adoption in the future of the ..... council of civil service union v. minister for the civil service lord diplock said:judicial review has i think developed to a stage today when, without reiterating any analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds on which administrative action is subject to control .....
Tag this Judgment!Court : Guwahati
..... maker of the decision. but the court is equally charged with the duty to see as to whether the authority acted within the limits set down by law. in r. v. tower hamlets london borough council, ex. p. chentix developments ltd. reported in (1998) 1 all er 961 the court summarized the principles in the following passages.the ..... court is entitled to investigate the action of the local authority with a view to seeing whether or not they have taken into account matters which ..... the power of the court to interfere in each case is not as an appellate authority to override a decision of the local authority, but as a judicial authority which is concerned, and concerned only, to see whether the local authority has contravened the law by acting in excess of the power which parliament has confined in them.33. part iii .....
Tag this Judgment!Court : Guwahati
..... v) the learned single judge should have come to the conclusion that the order of dismissal passed under section 12(1) of the crpf act by the disciplinary/administrative authority is hit by the doctrine of biasness, and the same being penal in nature, interpretation of such provisions requires strict consideration in favour of ..... the rights excessively or not is for the court. that is what is meant by proportionality.(scc pp. 399-400, paras 27-28) * * *37. the development of the principle of 'strict scrutiny' or 'proportionality' in administrative law in england is, however, recent. administrative action was traditionally being tested on wednesbury grounds. but ..... of doctrine of proportionality. in support of his aforesaid contention he referred the following decisions of the apex court as well as this court: (i) dev singh v. punjab tourism development corporation ltd. and anr. : (2003)iiillj823sc , (ii) kanta devi (smt.) v. union of india and anr. : [2003]2scr992 , (iii) sukhvinder singh v. .....
Tag this Judgment!Court : Guwahati
..... before the effective date. the above decision of (shambhu murari sinha i) was reiterated by the supreme court in subsequent decision of (shambhu murari sinha v. project development and development india and anr.) (shambhu murari sinha ii) : (2002)iillj430sc .15. in words and phrases permanent edn. vol. 37 at page 476, it is ..... supreme court in state of uttar pradesh v. ved prakash sharma 1995 (supp.) 2 scc 528.14. in : (2000)iillj935sc (shambhu murari sinha v. project & development india and anr.) (shambhu murari sinha i) the supreme court in reference to its earlier decision in balram gupta (supra), j.n. srivastava v. union of india ..... of india v. gopal chandra misra : (1978)illj492sc ]. if the act of relinquishment is of unilateral character, it comes into effect when such act indicating the intention to relinquish the office is communicated to the competent authority. the authority to whom the act of relinquishment is communicated is not required to take any action and the relinquishment .....
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