Court : Guwahati
..... entitled to 15 per cent solatium of the market value of the land as awarded by the civil court on reference under the assam land (requisition and acquisition) act, 1948? ..... sc 1730, their lordships painfully observed thus : 'we need hardly say that these devices arenot permissible by the high court when thedecisions of the supreme court are citedbefore them not merely because of thejurisprudence of precedent but because ofthe imperatives of article 141. ..... it has been urged that in a proceeding under the land acquisition act, 1894, shortly 'the central act', the court is bound to award a sum of 15 per centum on the market value, in consideration of the ..... the respondent sought for a reference, obtained it and upon hearing the parties and on conclusion of trial the court awarded market value, interest and 15 per cent solatium on the market value, in consideration of the compulsory nature ..... goswami (supra) their lordships considered the provisions of the assam act, the effect of denial of payment of solatium, compared them with the kerala act and applied the rule laid down in peter (air 1980 sc 1438) (supra) and achieved the virtue of equality and eliminated ..... lordships further observed : '.....no judge in india, except a larger bench of the supreme court without departure from judicial discipline can whittle down, wish away or be unbound by the ratio ..... reported in air 1980 sc 1438 state of kerala v. t. m. ..... applied the principles of law enunciated by their lordships in state of kerala v. t. m. .....
Tag this Judgment!Court : Guwahati
..... on the facts of that case, the privy council pointed out that where in a suit for damages, the court finds in favour of the plaintiff that there was a breach then simply because the plaintiff has not given sufficient evidence to show certain details of damages and that he has made one or two ..... but that did not take away the right of the court to question and/or secrutinize the evidentiary value of the same, section 61 of the evidence act provided that contents of documents may be proved either by primary or by ..... the another aspect of the matter which was not considered by the courts below was that the original value of the work was from raised ..... that was a case under arbitration act and in the majority of the judgment, the supreme court pointed out that decision of the umpire cannot be challenged nor it can be said that the decision of the umpire is based ..... in placing reliance on the evidence of pw-5, dabe prasad sarma both the courts below mis-read it inasmuch as this witness admitted as follows: (i) the measurement records produced by the defendant were done according ..... as stated earlier, limitation of section 115 of the code of civil procedure is not there in an application under rule 36 and this court can look to the evidence and decide the matter afresh by ..... state of kerala) it was pointed out that the plaintiff's claim must fail where on the evidence led it is found that it was the plaintiff's breach of obligations under the contract which led to the termination of the contract .....
Tag this Judgment!Court : Guwahati
..... the brief facts, relevant for the purpose of disposal of this revision, are that the respondent as the complainant instituted n.i.case no.2071c/06 under section 138 of the negotiable instrument, act,1881, for short, act, before the learned chief judicial magistrate, tinsukia in respect of dishonour of a cheque dated 18.9.2006 for an amount of rs.50,000/- issued in favour of the complainant and on being presented on that day itself, the cheque was returned with a ..... in kannan (supra), the kerala high court observed that in nitinbhai (supra), the apex court did not express the view that the offence under section 138 of the act can be tried only summarily. ..... section 143 is material for the purpose of this case and therefore, it is appropriate to reproduce this section for ready reference: 143 power of court to try cases summarily-(1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), all offences under this chapter shall be tried by a judicial magistrate of the first class or by a metropolitan magistrate and the provisions of sections ..... learned senior counsel submits that a large number of cheque bounce cases are pending disposal all over the country and the apex court had considered various facets arising out of such cases in a writ petition numbered as writ petition (civil) no.18/2013, which was reserved for judgment on 21.1.2014. 12. .....
Tag this Judgment!Court : Guwahati
..... enactment is followed by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of the suit or adjudication of the suit unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existence after the judgment appealed from has been rendered because the rights of the parties in an appeal are determined under the law in force ..... as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 (46 of 1999) and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case where the hearing of the case had concluded before ..... all these letters patent appeals were filed and pending before this court as on 1.7.2002, the date on which the code of civil procedure (amendment) act, 1999 and the code of civil procedure (amendment) act, 2002 were made effective or operative. 4. ..... kerala, reported in (1994) 5 scc 593 the apex court observed as follows : 'in the instant case we are concerned with the application of the provisions of sub-section (1a) of section 23 as introduced by the amending act to acquisition proceedings which were pending on the date of commencement of the amending act ..... 1957 .....
Tag this Judgment!Court : Guwahati
..... appointment of a member of the home guards can only be three years, and he can be reappointed from time to time, but he cannot continue after the age of 55 years.a perusal of the provisions of the home guards act and rules show that the home guards was meant to be reserve force which was to be utilized in emergencies, but it was not a service like the police, para military force, or army, and there is no right ..... the state government may, either suo motu or on application call for and examine the records of any order passed by any officer subordinate to him or it under this act for the purpose of satisfying himself or itself as to the legality or propriety of such order and may pass such order with reference thereto as he or it thinks ..... the services of the home guards were codified in the state of manipur by exacting the manipur home guards act, 1966 (shortly the '1966 act'), the act was enacted, interalia, to lay down the procedure of appointment of home guards, their training and duties, control by officers of police force, punishment and ..... terminating the service, adopting the procedure applicable to persons holding civil posts, does not arise and as such, the actions taken by the respondents do not call for any interference by this court, sitting in writ jurisdiction.4. ..... high court of kerala reported in : air2004sc2227 , it has been held that principles of natural justice, however, cannot be stretched too far and application of this doctrine maybe subject to the provisions ..... kerala .....
Tag this Judgment!Court : Guwahati
..... of any year first exceeds within such year the taxable quantum but does not exceed such amount as may be mentioned in such notification to pay at his option, in lieu of the tax payable under the act an amount by way of composition calculated at the rate that may be fixed by the government in the notification, the outer limit whereof would be five percentum of the turnover. ..... the assessment order having been received, the assessee being aggrieved for the issue to the jurisdictional high court, it was, inter alia, contended by the petitioner that levy of tax under section 17(6) was not allowable in respect of receipts relating to pure labour contracts not involving the transfer of property in ..... document, therefore, conclusively demonstrates that the petitioner had opted to shoulder the tax liability under section 20 of the act and that the statutorily prescribed requisites being present the composition permission was granted to him on compliance with the legal formalities ..... of india [1997] 104 stc 134, it was held that the assessee having opted for composition assessment under section 17(6) of the act it was not open to bifurcate the contract and the tax thereon for the purpose of payment of tax. ..... gowda [2007] 5 vst 553 (karn), the petitioner, a registered dealer under the relevant sales tax law, had executed certain civil works of the government of karnataka during the assessment year 1996-97 for which he received rs. ..... sustenance from the decision of the apex court in state of kerala v. .....
Tag this Judgment!Court : Guwahati
..... which was a division bench judgment of the kerala high court specifically deciding the present controversy. ..... dutta urges that as the amendment was not retrospective in nature the benefit of the amendment act cannot be given to the heirs of the deceased workman and in this connection he relies on air 1982 sc 836 (padma ..... that being the position of law as enunciated by the apex court there is no merit in this appeal and the appeal stands ..... but, this plea was rejected by hon'ble supreme court in the following manner: 'we are finally determining the rights of the ..... question involved in this appeal is that whether the workman was entitled to the benefits under the workmen's compensation act, 1923 as amended by amendment act, 1995 (30 of 1995) which came into effect on september 15, 1995. ..... court did not decide the prospectivity or retrospectivity of the act. ..... 7 of the judgment of the supreme court in civil appeal nos. ..... keeping in view the scheme of the act we are of the view that the only interpretation which can be given to the amendment is that if any benefit is conferred on the workman and the said benefit is available on the date when the case is finally ..... the apex court held that the liability of the insurer to pay a claim under motor accident policy arises on the occurrence of ..... gave the benefit of the amended provisions of the act and fixed the compensation at rs. ..... particular case the workman died on july 9, 1995 that is, before the date on which the amendment act came into force. .....
Tag this Judgment!Court : Guwahati
..... other provisions contained in this act and to such rules as the high court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the code of civil procedure, 1908.'2. ..... have been fighting like 'kilkenny cats' and there is long lapse of years since the filing of the petition and existence of such a state of affairs warrant the exercise of the jurisdiction of this court under article 142 of the constitution and grant a decree of divorce by mutual consent under section 13b of the act and dissolve the marriage between the parties, in order to meet his ends of justice. ..... earlier suit was dismissed on 21-4-88 holding that the plea for decree of divorce for desertion under section 13(i)(b) of the hindu marriage act is premature and does not appear to be tenable in law as the plea of alleged desertion was not two years immediately proceeding the ..... or not that plea' have to be decided by the court on the basis of evidence, but that was not done. ..... guda ramachandra sekhara sastry where the supreme court pointed out as follows (at page 1145): 'in terms section 21 does not make any distinction between procedural and ..... this appeal has been filed under section 28 of the hindu marriage act against the judgment of the learned additional district judge, cachar at silchar dated 13-11 -95 passed ..... in paragraph 8 the kerala high court pointed out that the principle of res judicata applies to a proceeding under the hindu marriage act, but that is not the end .....
Tag this Judgment!Court : Guwahati
..... respondents herein, namely; the persons holding the office of the chief secretary; secretary, department of social welfare and child development and the director of the said department, under the provisions of the act alleging that though the certified copies of the order, dated 25.6.2007 passed in the writ appeal were submitted to the respondents herein on 4.7.2007 they did not comply with the interim direction issued ..... /2007, filed the present application under section 12 of the contempt of courts act, 1971 (for short the 'act') read with article 215 of the constitution of india for initiating the proceeding against the respondents under the provisions of the act alleging wilful disobedience of the order dated 25.6.2007 passed in the aforesaid ..... of the act defines 'contempt of court' as civil contempt or criminal ..... learned advocate general on the other hand referring to the records produced before this court as well as the stand taken in the affidavits filed by the respondents has submitted that there was no wilful or deliberate violation of the interim direction issued by this court vide order dated 25.6.2007 though there was some delay in implementation of the ..... 2 taking the stand that there was no wilful or deliberate disobedience of the interim direction issued by this court and in fact such interim direction has been complied with by issuing the order dated 30.10.2007, whereby the services of the private respondents in the appeal have been suspended except one ..... kerala .....
Tag this Judgment!Court : Guwahati
..... was issued to the writ petitioner by the competent authority as required by the related provisions of law under the central excises and salt act, 1944 and the related rules thereunder, and the opportunity had been afforded to the writ petitioner for his say in the matter but the writ petitioner had failed to do so by urging this or that which this court is to depreciate the action of the writ petitioner in the matter. ..... 1 to 5, it has been revealed that the writ petitioner in the said civil suit sought for a decree of permanent injunction restraining the present respondents, their agents, associates, representatives and others from proceeding any further with the proceedings initiated under the aforementioned show- ..... 10(h) 1988 in the court of learned munsiff at shillong and obtained an injunction order stalling the entire proceedings till to-day, and thereafter the writ petitioner filed this writ petition for the same relief sought for by the writ petitioner in the said civil suit for refund of the said sum ..... 5 by filing counter affidavit and contending inter alia that the writ petitioner had filed a civil suit before the learned munsiff at shillong vide title suit no. ..... kerala state civil supplies ..... did not submit the required show cause, instead, the petitioner began to take time for as many as seven/eight times, that is, on 27.1.87, 7.5.87, 6.7.87, 17.9.87, 18.12.87, 30.6.88 and finally on 20.8.88, and thereafter the writ petitioner filed the civil suit being title suit no. .....
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