Court : Guwahati
..... designation of adj has been changed to that of civil judge (sr. division) in assam, by the bengal, agra and assam civil courts (assam amendment) act, 1996, which is reproduced below:assam act no. xv of 1997(received the assent of the president on 18th april, 1997)the bengal, agra and assam civil courts (assam ..... year of the republic of india as follows:1. short title, extent and commencement-(1) this act may be called the bengal, agra and assam civil courts (assam amendment) act, 1996.(2) it shall have the like extent as the principal act.(3) it shall come into force at once.2. substitution of words 'assistant district judge' and ..... amendment) act, 1996an act further to amend the bengal, agra and assam civil courts act, 1887, in its application to the state of assam.preamble--whereas, it is expedient further to amend the bengal, agra and assam civil courts act, 1887, hereinafter referred to as the principal act, in its application to the state of .....
Tag this Judgment!Court : Guwahati
..... , no revision can be entertained under section 115 of the cfc. while considering the objection, so raised, it heeds to be noted that before the cpc (amendment) act, 2002, came into force, an order, which suffered from jurisdictional error, could have been interfered with by the high court in exercise of its revisional jurisdiction under ..... of the revision can be considered. when a civil court does not have jurisdiction to entertain a suit after an application, under section 8 of the said act, is made for arbitration, it follows, as a corollary, that the court, which refused to refer the parties to arbitration, has failed to exercise jurisdiction. ..... company a sum of rs. 23,50,000, which included security deposit with interest accrued thereon.(vii) alleging that the said compromise decree had not been fully acted upon, the plaintiff company sought for execution of the compromise decree aforementioned. this petition for execution of the compromise decree gave rise to title execution case ho .....
Tag this Judgment!Court : Guwahati
..... [1976]1scr552 and in agricultural market committee v. shalimar chemical works ltd. reported in : air1997sc2502 .(vi) whether omission of section 3(4) in the impugned act, by second amendment act, with effect from may 12, 2005, saves the actions taken under the said provision of law prior to may 12, 2005?53. the learned aag further submits ..... , the inclusion of tobacco, which is also an article of special importance, in the schedule, by issuing notification under section 3(4) of the act and subsequently by second amendment act, is violative of article 304(b) of the constitution, the same having not been sanctioned by the president. mr. ganesh has further submitted that by ..... but for maintaining the roads, etc., which is not trading specific.37. mr. ganesh, referring to section 8a of the impugned legislation as inserted by second amendment act with effect from may 12, 2005, has further contended that the said provision though has stated about utilisation of the proceeds of the tax, it neither .....
Tag this Judgment!Court : Guwahati
..... as section 21(1), 21(2), 21(3), 21a, 23 and 25(xiii) of the assam agricultural produce market act, 1972 as amended by assam agricultural produce market (amendment) act, 2000 and the assam agricultural produce market (amendment) act,2006 with the consequential relief of refund of the cess collected thereunder by the respondents together with the interest @ 15% ..... in the state of assam and manufactured oil not being a notified item under the act, the demand and realization of cess is illegal and unauthorized.10. the petitioner in wp(c) no. 2301/ 2001, m/s. potato and onion merchant association, guwahati is an association of members engaged in the import and whole sale ..... 55a. a three judge bench of the apex court while examining the assailment on the legislative competence of the state of kerela in enacting the abkari (amendment) act, 1967 and the rules framed thereunder had to dilate on the question as to whether the supervisory charges contemplated thereunder could be sustained as a fee in .....
Tag this Judgment!Court : Guwahati
..... learned senior counsel, appearing on behalf of the petitioners, who are textile merchants, has submitted that inclusion of all varieties of textile by the impugned notification, dated 26.8.2003, and also under the impugned ordinance and the aet (second amendment) act, 2005, clearly shows that on the president's declining to accord sanction ..... that while the notifications imposing entry tax already stood challenged, in the present set of writ petitions, the legislature introduced, under the assam entry tax (second amendment) act, 2005, section8aby means of the impugned notification, dated 9.9.2005. section 8a, is, however, retrospective, for, it comes into force with effect from ..... refused to give his sanction to the imposition of entry tax on textiles and fabrics, the impugned notification, the impugned ordinance and the impugned aet (second amendment) act, 2005, imposed entry tax on textiles and fabrics. such imposition of tax, submits dr. todi, is wholly against the letter and spirit of the .....
Tag this Judgment!Court : Guwahati
..... this question is not very difficult to seek.14. in the past, i.e., before the cpc (amendment) act, 2002, came into force, an order, which suffered from jurisdictional error, could have been interfered with by the high court in exercise of its revisional jurisdiction under section 115 if ..... aspect of the matter, it is of paramount importance to note that clause (b) of the proviso to section 115(1) has been deleted by the code of civil procedure (amendment) act, 2002.13. the question, therefore, is as to what will be the effect of the deletion of clause (b) of the proviso to section 115(1) the answer to ..... than the fact that a prima facie case has been made out. support for this contention is sought to be derived mr. kataki from the case of maharashtra v. race shipping and transport company put. ltd. and ors., (1995) 3 scc 257.7. in the case at hand, submits mr. kataki, the plaintiffs clearly stated that the defendants had started .....
Tag this Judgment!Court : Guwahati
..... . however, the division bench answered the said question against the state. in doing so the bench took note of the provisions of section 8a inserted by the second amendment act of 2005 with effect from may 12, 2005 and the materials placed in the affidavit of the state. in this regard, sri choudhury has submitted that on the ..... and also may vary the rates of tax of the goods specified in the schedule and thereupon the said schedule shall be deemed to have been amended accordingly, [deleted by assam entry tax (second amendment) act, 2005 with effect from may 12, 2005]5. exemption from tax.-notwithstanding anything contained in section 3 and section 4, and subject to ..... it stood till may 12, 2005, suffers from vice of excessive delegation of legislative functions?(vi) whether omission of section 3(4) in the impugned act, by the second amendment act, with effect from may 12, 2005, saves the actions taken under the said provisions of law, prior to may 12, 2005?(vii) whether the judgment passed .....
Tag this Judgment!Court : Guwahati
..... state of delhi' to 'in delhi' was the subject of comment in the high court. to that we shall refer later. in 1956 the constitution (seventh amendment) act, 1956 was enacted. previously the constitution specified the states as parts a, b and c states and some territories were specified in part d in the first schedule ..... shall prevail. 93. for instance, let us take section 354 ipc. even before the enactment of criminal law (amendment) act, 2013, which introduced amendments in indian penal code, crpc, evidence act, etc., there were some states, which had already amended some of the features of section 354 ipc. 94. thus, in the state of andhra pradesh, sec. 354 ipc ..... . thereupon an adaptation of laws order, 1956 was passed and in the delhi special police establishment act 1946 all references to 'part c states' were replaced by the expression 'union territory'. another significant change made by the amending act was to remove from section 2 the words 'for the state of delhi', and all references .....
Tag this Judgment!Court : Guwahati
..... dated 17.04.2006 of the sikkim government notifying the sikkim manipal university of health, medical and technological sciences (amendment) act, 2006. as per amended section 5 of the said act, the university is authorized to offer its academic programmes through distance education mode and to establish and collaborate with resource ..... of the country and for the coordination and determination of circumstances in such system. defining distance education system u/s 2 (e) of the act, provides that the same means the system of imparting education through any means of communication such as broadcasting, telecasting, correspondence courses, seminars, contact ..... and state govt. universities. the central/ state govt. universities can conduct courses through distance mode in accordance with the provisions of their respective act and after the approval of the ugc. the information relating to recognized universities list of specified degrees and all the relevant regulations/ instructions/ guidelines .....
Tag this Judgment!Court : Guwahati
..... the north eastern region and, further, transport subsidy would cover inter-state movement of finished goods within the region, but the subsidy available would, under the amended scheme, be 50% of the transport cost on the movement of the goods from the location of the industrial units to the nearest railway station by road ..... and 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) ? 119. in the backdrop of the question, formulated above, mr. agarwalla, learned senior counsel, is not incorrect, when he points out that the ..... and 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 the profits .....
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