Court : Guwahati
..... , which the petitioner must have, in consequence of the terms and conditions of the agreement reached between the parties, had developed. thus, the situation is that as far as the petitioners are concerned, they have acted upon the terms and conditions of the agreement by appointing their own agents, stockists, etc., but the state, now, ..... the type arising in radhakrishna agarwal case, much water has flown in the stream of judicial review in contractual field. in cases where the decision making authority exceeded its statutory power or committed breach of rules or principles of natural justice in exercise of such power or its decision is perverse or passed an ..... question arises with regard to the interpretation of any of the provisions of the rules, it is the governor of the state of arunachal pradesh, who has the authority to interpret such provisions. keeping in view this rule also, writ petitioners, contends mr. mazumdar, instead of approaching this court, ought to have approached the .....
Tag this Judgment!Court : Guwahati
..... logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at,''33. in haryana urban development authority and another, appellants v. roochira ceramics and another, respondents, (1996) 6 scc 584, the apex court observed as follows : 'it has been held repeatedly ..... for which he was eventually charged. we do not find on a consideration of the appeals/ revisions/representations submitted by the petitioner to the higher authorities under the act that such plea of want of jurisdiction of the court martial had been taken at any point of time. we are therefore not impressed with the ..... incriminating circumstances brought on record by the different witnesses and he denied the allegations. thereafter, upon hearing both the sides in accordance with the provisions of the act and the army rules, 1954 (hereinafter referred to as the rules), the court martial found the petitioner guilty of the charge and eventually after hearing the .....
Tag this Judgment!Court : Guwahati
..... for one year from the date of commencement of his service. the period of probation of an employee directly recruited can be extended at the discretion of the appointing authority with the approval of the board of directors provided that in no case the period may be exceeded three years. under the rules, 1994 the maximum period on ..... his duly and thus the management has rightly terminated the services of the petitioner. it is further stated that since the petitioner was absented himself from duly without authority with effect from 9.1.1995 his services have been rightly terminated from 9.1.1995 by order dated 19.10.1995 and such an order of termination ..... to be unconscionable, arbitrary and opposed to public policy and in void under section 23 of the contract act and also violative of article 14 of the constitution.7. calling the decision in the matter of o.p. bhandari v. indian tourism development corporation ltd. and ors., (1986) 4 scc 337, the apex court has pronounced that the termination .....
Tag this Judgment!Court : Guwahati
..... thus, section 6(3) distinguishingly illustrate the exegencies where the elections are direct. the position is made further clear by section 11 of the act, whereby the authority for deciding election disputes arising out of the election of the vice-president of the gaon panchayat has been conferred on the deputy commissioner of the ..... territorial constituencies and allot one seat for each constituency. (3) when the gaon panchayat is constituted under this section, the deputy commissioner or an officer authorized by the deputy commissioner for this purpose shall call a meeting of the gaon panchayat (which shall be hereinafter called the first meeting of the gaon ..... of the respective gaon panchayat areas under section 6 of the said act. for each development block, there shall be, according to section 31 of the said act, one anchalik panchayat. the anchalik panchayat consists of, according to section 32 of the said act, one member from each gaon panchayat 'directly' elected from the territorial .....
Tag this Judgment!Court : Guwahati
..... into existence on the basis of the statement made by the prime minister on 27th october. 1996 that new initiatives would be announced for the industrial development of the north eastern region. experts groups/committees were constituted by the ministry of industry and the planning commission to concretize the initiatives. subsequently inter- ..... exercise of legislative power of the state by the executives and it is a power, which has been conferred by the act itself. moreover, under section 21 of the general clauses act, the authority, which has power to issue a notification, has an undoubted power to rescind or modify the notification in the like manner ..... government of india, issued notification no. 32/1999-ce dated 8.7.1999 exempting goods cleared in units located in the growth centre of integrated infrastructure development center or export promotion industrial park or industrial estates or industrial area of commercial estate in the north eastern region as specified in the annexure to .....
Tag this Judgment!Court : Guwahati
..... .95. it also deserves to be borne in mind that section 11 of the nha act, 1988, empowers the central government to vest in or entrust any national highway to the national highway authority. upon such vesting, section 6 of the nha act, 1988, empowers the authority not only to develop, maintain and manage such national highway, but also to regulate and control the plying ..... by the respondent no. 8 with effect from 26.4.2002. the nha act, 1988, authorizes the respondent no. 8 to collect fees on behalf of the central government for services or benefits rendered under section 7 of the nh act, 1956. the respondent no. 8 is responsible for developing, maintaining and managing the national highways and any other highways vested in or entrusted .....
Tag this Judgment!Court : Guwahati
..... vice of excessive delegation inasmuch as one of the important functions of prescribing raw materials has been left to the rule-making authority. besides, dr. saraf further submitted that the rule-making authority has acted even beyond the powers delegated by the state legislature and, therefore, the provisions of rule 2(f) cannot stand. rule ..... plywood, (e) petrol, diesel oil and lubricants.'4. the government of assam announced a scheme known as 'the 1982 scheme' with a view to exhilarate industrial development in the state. the scheme was in force from october 15, 1982 to march 31, 1985. the scheme, apart from various incentives, also included sales tax exemption ..... invalid. the irrefutable conclusion that follows out of the above discussion is that the state legislature has not abdicated its essential legislative function to the state authority in excluding the raw materials from the purview of tax concession. in this context, it can be emphatically stated that the writ petitioner is not .....
Tag this Judgment!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
..... ranjan gogoi, j.1. an order dated 7.10.2003 passed by the chief executive officer, guwahati metropolitan development authority (hereinafter referred to as the 'g.m.d.a.') terminating an agreement dated 8.10.2002 executed in favour of the writ petitioner no. 1 for improvement of g.m ..... into by the g.m.d.a. in exercise of its statutory powers under section 36 of the g.m.d.a. act, 1985, the requirement of compliance with the principles of natural justice in every action of the statutory authority would be mandatory.10. the rival submissions advanced on behalf of the parties have been duly considered. in amritsar gas (supra ..... not a quasi judicial act. even assuming that the aforesaid contention would be open for argument by the respondents, what this court notices is that the authorities relied upon in support of the aforesaid argument cannot be understood to be laying down any such law of general application. while in the case of jarban das v. assam fisheries development corporation (1991) 1 .....
Tag this Judgment!Court : Guwahati
..... river bed is not a forest. referring to the definition of 'minor mineral' as defined in section 3(e) of the mines and minerals (regulation and development) act, 1957 which definition has been adopted in rule 2(e) of the aforesaid rules of 1994 submitted that 'river silt' having not been included in the ..... reads as follows :'the factual position in respect of river silt under the provisions of different acts and rules of the land is as follows :-under section 15 of the mines and minerals (regulation and development) act, 1957 (central act 67 of 1957), the government of assam adopted assam minor minerals concessions rule, 1994. the ..... aforesaid rule was published in the assam gazette in the extra-ordinary issue dated 4-5-95. rule 2(o) of the aforesaid rule defines competent authority as follows :-'competent authority' means the director .....
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