Court : Guwahati
..... far it relates to the management of the affairs of the company in relation to its undertaking and in force immediately before the appointed day, shall be deemed to have terminated on the appointed day;' (5) it shall be lawful for the state government or their authorised representative on or after the appointed day to remove the obstructions, if any, and to take possession of the entire company, or as the case may be, the fixed assets and of all documents relating to ..... of sub-section (1) shall continue to be the liabilities and obligations of the company after the appointed day.explanation :-- all the liabilities and obligations in respect of staff, taxes, provident fund, employees' state insurance, industrial dispute and all other matters upto the appointed day, shall continue to be liabilities and obligations of the company.section 5 (1) liabilities of the undertaking of the company incurred in any period ..... impugned act on the ground of public interest, the action of the respondents by their conduct and action defeated the purpose of public interest by taking 13 years without any fruitful result though the project was sanctioned by the planning commission in the year 1979; that the public interest required the completion of the project at the earliest, so that about 100 mw electricity might be made available to the state for upliftment and ..... maharashtra ..... undertaking) act, 1996, being assam act no.i of 1997 published in the assam gazetteextraordinary dated 6th january, 1997. 2. .....
Tag this Judgment!Court : Guwahati
..... no manufacturing process is involved and you did not have installed any plant and machinery in conformity with the project report furnished vide your application dated 30.8.1997 to facilitate for grant of eligibility certificate for purpose of producing of wash coal.and whereas it is observed that after the stated activity undertaken by you in washing coal, it does not change the chemical and physical properties of the ordinary coal, rather it retains the same identity, name ..... now, turn to the case of commissioner of sales tax, maharashtra state v. ..... also pointed out that removal of impurities has been held to be not manufacturing activities in commissioner of sales tax, maharashtra state v. ..... in force with effect from 1.4.1991.part - iithe government of assam, in exercise of the power conferred by sub-section (5) of section 8 of the central sales tax act, 1956 (act 74 of 1956), is further pleased to direct that the dealer having an eligible industrial unit falling under any of the categories of 'a', 'b' and 'c' in the state of assam vide para-2 of part i of the government notification dated 16th august, 1995, who is registered under the scheme under this government notification dated ..... considering the definition of the term 'manufacture', the court held, 'the effect of the wide and unrestricted definition of 'manufacture' in section 2(17) of the act on the true meaning of 'manufacture' is no more res integra in view of the decision of the supreme court in state of maharashtra v. .....
Tag this Judgment!Court : Guwahati
..... the state government or the high level committee could not issue any directions to the commission for making recommendation in favour of those candidates who failed to achieve the minimum prescribed standards as the rules did not confer any such power on the state government ..... the high level committee which took decision for recruitment of candidates to the service on the basis of the 40 per cent aggregate marks disregarding the minimum marks fixed by the commission for viva voce test had no authority in law, as the rules do not contemplate any such committee and any decision taken by it could not be ..... union of india, (supra) wherein this court held that though the direct recruitment was made in consultation with the union public service commission though not in accordance with the prescribed procedure namely on the result of a competitive examination, as the country was in a state of emergency, the appointment and selection was made by interview only and that such appointment by direct recruitment was made by relaxation of the relevant rules and the power ..... choudhury has submitted that the learned tribunal has invoked the provisions of sub-section (2) of section 4 of the aat act of 1997, though the provisions of sub-section (2) of section 4 were not attracted at all to the facts of the present case ..... state of maharashtra ..... state of maharashtra and ..... state of maharashtra, referred to narender chadha case (see at p.726, para 13) and observed: 'there is considerable force in this view .....
Tag this Judgment!Court : Guwahati
..... on 13.5.1997, hitesh filed an application for granting him pardon stating therein that he will make full disclosure of the incident as an approver and the said application was heard and orders were passed by the learned chief judicial magistrate granting pardon to hitesh pn the condition that he will have to make full disclosure pf the commission of the offence and the statement of hitesh was recorded by the ..... 18/98, submitted that although section 113 of the indian evidence act, 1872, (for short 'evidence act') states that an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds on the uncorroborated testimony of an accomplice, illustration (b) of section 114 of the evidence act states that an accomplice is unworthyof credit, unless he is corroborated in material ..... the king, air (36) 1949 pc 257, the privy council held referring to the provisions of section 133 and illustration (b) to section 114 of the evidence act that the evidence of an accomplice must be corroborated not only with regard to the occurrence but also against each of the accused sought to be implicated in the ..... cited the decisions of the privy council and the supreme court with which we shall deal later to show that the rule of prudence incorporated in illustration (b) to section 114 of the evidence act that the evidence of an accomplice is not trust worthy unless it is corroborated in material particulars has crystalled into rule of law. .....
Tag this Judgment!Court : Guwahati
..... circular/letter dated 25.6,1999 as well as the action of the respondent authorities in prohibiting the sale of lottery tickets of lotteries organised and run by the state of arunachal pradesh within the territorial jurisdiction of the state of punjab besides being violatlve of the provisions of the act, 1998 is also against the law laid down by the hon'ble supreme court of india and hence, liable to be set aside and quashed by ..... the high court had any territorial jurisdiction to entertain such a petition or whether the petition under article 226 was intended and meant to circumvent the alternative remedy provided by law or filed solely for the purpose of obtaining interim orders and thereafter delaying and protracting the proceedings by one device or the other particularly in matters relating to public revenue or implementation of various measures and schemes undertaken ..... by the state of punjab asking the other states to satisfy the director of punjab state lottery as regards the compliance of the provisions of the act, more particularly section 4 before selling any lottery tickets in that state, allegedly affecting the rights of the petitioners/respondents to sell their lottery tickets in that state within the territorial jurisdiction of the state of punjab, shall not confer any territorial jurisdiction of this court for entertaining the ..... state of rajasthan's case (supra) and oil and natural gas commission v ..... state of arunachal pradesh by dint of an agreement executed on 10.10.1997 .....
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..... chanan ram, air 1998 sc2251, in which the supreme court took a view that the advertisement dated 5.11.1993 inviting applications for 23 vacancies in the posts of assistant director (junior) in the agricultural marketing service of the state of rajasthan had become infructuous and otiose after the amendments to the rajasthan agricultural marketing service rules, 1986, by notification dated 19,4. ..... (1997) 10 scc 264, in which the provisions of the act for reservation in vacancies in favour of scheduled castes, scheduled tribes and other backward classes were held to be applicable to posts which had already been advertised, he also relied on the decision of the supreme court in rajasthan public service commission v ..... state of maharashtra, (1990) 2 scc 715, that where the quota rule has not been followed continuously for several years and has broken down, it ceased to ..... state of maharashtra (supra), cited by mr sharma, is quoted hereinbelow : 'mr tarkunde is right that the rules fixing the quota of the appointees from two sources are meant ..... the 1997 amendment rules, on the other hand, do not state that they also apply to posts already advertised ; rather sub-rule (2) of rule 1 of the 1997 amendment rules expressly states that the 1997 amendment rules would come into force on the date of their publication in ..... in the said writ petition, the appellants also prayed for a direction on the state-respondents to regularise the appellants in the promoted posts held by them in the directorate of .....
Tag this Judgment!Court : Guwahati
..... 6/97 dated 14.11.1997, the assam public service commission, (for short, 'the apsc'), invitedapplications for two posts of deputy director and one ..... by notification dated 19.4.1995, the erstwhile posts of assistant director (junior) no longer existed after april, 1995 and they were substituted by creation of new post of marketing officers, and it was for this reason that the supreme court held that no appointment could have been given to the selected candidates to the 23 vacancies in the posts of assistant director (junior) after the said amendments to ..... state of maharashtra, (1990) 2 scc 715, that where the quota rule has not been followed continuously for several years and has ..... thus, the act itself provided for retrospective application of the provisions thereof to posts already advertised, and it was for this reason that the supreme court held in the aforesaid case that the act also applied ..... ap mishra, (1997) 10scc 264, in which the provisions of the act for reservation in vacancies in favour of scheduled castes, scheduled tribes and other backward classes were held to ..... act providing for reservation in vacancies for scheduled castes, scheduled tribes and other backward classes, expressly stipulated that the act would apply to all selections for posts already advertised except where written tests for ..... deputy director having been advertised, the concerned authority has acted beyond the scope of the rules. ..... but if it becomes impractical to act upon it, it is no use insisting that .....
Tag this Judgment!Court : Guwahati
..... partly income or property which has not been, or would not be, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act (hereinafter in this section referred to as the undisclosed income or property), then, --(a) the director general or director or the chief commissioner or commissioner, as the case may be, may authorise ..... summons or notice as aforesaid has been or might be issued will not, or would not, produce or cause to be produced, any books of account, or other documents which will be useful for, or relevant to, any proceeding under the indian income-tax act, 1922 (11 of 1922), or under this act, or(c) any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or ..... of the cag taken into consideration by the respondent authorities for the purpose of determining the existence of circumstances under section 132(1) of the act is legally permissible before the report was disposed of by the state legislature ? ..... thereafter, the authority issued the notice dated april 7, 2000, for regular assessment for the assessment year 1997-98 under section 143(2) although the same, as per the provisions of law, has to be assessed in ..... state of maharashtra : air2000sc2966 ; south ..... ; oil and natural gas commission v. .....
Tag this Judgment!Court : Guwahati
..... produce;(xvii) with the previous sanction of the board, any other purpose which is calculated to promote the general interests of the committee or the notified market area or with the previous sanction of the state government, any purpose calculated to promote the national or public interest.their lordships in particular dismissed the purposes namely construction and repairing of approach roads, culverts, bridges and other such purposes; propaganda in ..... pendency of the earlier round of litigation before this court, the government of india, ministry of rural areas and employment (department of rural development), directorate of marketing and inspection, introduced amendments to the state agricultural produce market (regulation) act, 1998 (for short hereafter referred to as the 'model act 1998'), following the recommendations of the high powered committee on agricultural marketing and study of the marketing regulations and ..... ; or(i) if in pursuance of the agreement of sale or purchase, the agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.though, explanation-i of unamended section 21 clarified that for the purpose thereof, all notified agricultural produce taken out or proposed to be taken out of a market area would, unless the contrary is proved, be presumed to be bought or sold within the said area, rule 21(7) was construed to ..... dispatched by traders of other states on commission basis to the members of ..... maharashtra ..... 1997 .....
Tag this Judgment!Court : Guwahati
..... person has committed the dowry death of a woman and it is shown that 'soon before' her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.explanation-for the purposes of this section, 'dowry death' shall have the same meaning as in section 304b of the indian penal code.29. ..... than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death.explanation ..... state of maharashtra(iii) : state ..... bhattacharyya, learned counsel for the appellant has submitted that since the appellant was an young man of 25 years at the time of commission of offence and he was also the only earning member of the family and there being no other male person in his family to look after the family members and also considering that the ..... at this stage apt and necessary to refer to the provision of law laid down under section 304-b ipc which has been inserted by way of amendment effected by act 43 of 1986 operating with effect from 19.11.1986 and the same reads as follows:[304b. ..... is that the victim-krishna paul was given marriage to the accused-robindra paul/appellant in the year 1997. .....
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