Court : Guwahati
..... . no. 57/07 that all those illegalities committed during the selection process were uncorroborated and unsubstantiated because no prayer was ever made before the writ court to amend the writ petition by incorporating those allegations. that apart, the writ court was absolutely correct and wholly justified in not interfering with those allegations based on newspapers ..... in paragraph 39 of the judgment the supreme court observed as follows:39. section 28 of the act was challenged as conferring arbitrary and unguided power and therefore violative of articles 14 and 15. section 28 of the act confers power on the government to appoint persons as it thinks fit to be the inspectors for ..... the purposes of the act and such inspector shall have power to enter a all reasonable hours the premises or place where .....
Tag this Judgment!Court : Guwahati
..... no indication as to what were the legal and constitutional grounds. with such statement, the prayer made in the application was to allow the petitioner to amend the writ petition. by order dated 4.6.1999, the application was allowed with the following order:having heard the learned counsel for the petitioner ..... , the following statement was made:3. that the respondent instituted a proceeding under the recovery of debts, due to bank and financial institution act, 1993 in short 'recovery act' against the writ petitioner for recovery of a certain amount before the debts recovery tribunal, guwahati. the said proceeding has been numbered as ..... financial reconstruction), the petitioner-company has been held as a sick industrial company as understood under the provisions of the sick industrial companies (special provisions) act, 1985. apprehending that a winding of proceeding might be initiated and taken up against the petitioner-company, the recognized labour union preferred the writ application .....
Tag this Judgment!Court : Guwahati
..... 1988 rr, it was provided that only those dsps, holding special educational qualification in automobile/mechanical engineering, would be considered for promotion whereas the impugned amendment notification is totally silent about any such educational qualification for the appointment of superintendent of police(cmt) from mps grade-ii officers. according to the ..... an earlier special one by mere implication. generalia specialibus non derogant, or, in other words, 'where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special ..... motivated on the consideration of probity. the government has to rise above the nexus of vested interests and nepotism and eschew window-dressing. the act of governance has to withstand the test of judiciousness and impartiality and avoid arbitrary or capricious actions. therefore, the principle of governance has to .....
Tag this Judgment!Court : Guwahati
..... under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.(2) no amendment of any law for the time being in force shall have the effect of causing dissolution of a panchayat at any level, which is functioning immediately before such ..... all the gaon panchayats, anchalik panchayats and the zilla parishads were dissolved vide impugned notice/order dated 29.4.2007 as per the provisions of the assam panchayat act, 1994 and also as per the constitutional mandate. it is also further stated in their affidavit that the decision taken by the government for dissolution of the gaon ..... the dissolution of the gaon panchayats, anchalik panchayats and zilla parishads are not for the reasons mentioned in clause (1) of section 125 of the assam gaon panchayat act, 1994. in other words dissolution of the gaon panchayats, anchalik panchayats and zilla parishads, in the present writ petitions are not for the reasons mentioned in clause (1 .....
Tag this Judgment!Court : Guwahati
..... parties have received the due and anxious consideration of the court.10. the position prevailing prior to the forty-sixth amendment of the constitution and the incorporation of article 366(29a) was that unless a works contract was clearly distinct and divisible into a contract for transfer of ..... i.e., tyre retreading, being squarely covered by item 23 of schedule vi, the assessment made and the demand raised is authorised by the provisions of the act and, therefore, the action of the state respondents will not call for any interference by the court.9. the rival submissions advanced on behalf of the respective ..... . furthermore, according to the learned counsel, such a view would also be plainly opposed to the scheme of taxation under the provisions of the assam general sales tax act, 1993.8. controverting the submissions advanced on behalf of the petitioner, sri r. dubey, learned counsel for the respondents has, contended that the power to tax a .....
Tag this Judgment!Court : Guwahati
..... , the partner as intended under section 10(2a) ?12. to appreciate the above contention, we may refer to the scheme of the indian it act, 1922, prior to: its amendment by the finance act, 1956. the scheme recognizes two kinds: of firms unregistered and registered firms. in the case of an unregistered firm, the tax payable by ..... and his share of income from the firm. it is, therefore, clear that under the provisions of the 1922 act, neither the unregistered firm nor the registered firm was subjected to double taxation. after the amendment in 1956, till 31st march, 1993, the unregistered firm continued to be assessed to tax as distinct entity as ..... cit : [1989]177itr418(sc) , the assessee, a co-operative society, claimed that the receipts from ginning and pressing activities was exempt under section 81 of the it act. the question for interpretation was whether the co-operative society which carried on the business of ginning and pressing was a society engaged in 'marketing' of the agricultural .....
Tag this Judgment!Court : Guwahati
..... purpose of the scheme and the state's responsibility for the due accomplishment thereof.52. besides as the state authorities have resorted to the amendments readily acting on the representations by the tac holders including respondents 6,7,8 and 9 enabling them, otherwise not eligible, to participate in the process ..... that the cop certificate is not an imperative precondition for participation in the ongoing tender process.66. the above notwithstanding, it is observable that the amendment to the expression 'prime manufacturer' as above, was introduced by the corrigendum dated 26.12.2006. the official respondents though, have pleaded that the ..... the definition initially illustrated' 'prime manufacturer' to mean individual/firm or the corporate entity engaged in carrying out the manufacturing activity of hsrp. the amended definition of the said expression is:prime manufacturer shall mean individual/ firm or the corporate entity engaged in carrying out the manufacturing activity of the .....
Tag this Judgment!Court : Guwahati
..... to put it a little differently, what the above observations, made in issac peter reflect is that the doctrine of fairness or the duty to act fairly and reasonably cannot be invoked to amend, alter, modify or vary the express terms of the contract between the parties even if the contract is a statutory one or if the state ..... obligations of the state. what issac peter lays down, if we may reiterate, is that the doctrine of fairness or the duty to act fairly and reasonably cannot be resorted to for the purpose of amending, altering, modifying, adding or varying the terms of the contract. the decision, in issac peter, therefore, does not take the view ..... resort to, should such a dispute arise between them; and (iii) that the doctrine of unfairness and the duty to act fairly and reasonably cannot be invoked in contractual matters for the purpose of altering, amending or varying the terms of contract merely because one of the parties to the contract is the state and thereby the provision .....
Tag this Judgment!Court : Guwahati
..... co-relation between the issues in the two proceedings.the apex court in surja dev rai (supra) while dwelling of the effect of amendment of section 115 of the code (after amendment by act 46 of 1999) declared that the same cannot and did not in any manner affect the jurisdiction of the high court under articles 226 ..... for the effective management of the tea estate, the appellant/petitioner was engaged for and on behalf of the deity on commission basis and accordingly he assisted and acted for an on behalf of the respondent no. 1 for the maintenance, management, accounts works etc. the respondents have alleged that the appellant/petitioner taking advantage of ..... v. gulbahar sheikh and ors. : (2004)4scc664 prescribing a remedy of regular suit to a unsuccessful party in a suit under section 6 of the specific relief act, 1963. as inspite thereof, the satradhikar refused to hand over the possession of the tea estate to the appellant/petitioner and continued with his possession thereof, the appellant .....
Tag this Judgment!Court : Guwahati
..... over a part of the suit property, the plaintiff would be entitled to the reliefs prayed for in the suit. 35. the plaintiff by way of amendment prayed for recovery of khas possession without challenging the sale deed. the learned lower appellate court before which the question was raised that the plaintiff would not ..... is necessary to complete a gift. 28. gift under mahomedan law is not required to be in writing and consequently, need not be registered under the registration act, 1908. on proof of fulfillment of essential conditions, the gift becomes complete and valid. the donee may choose to record the transaction in writing but merely ..... have considered the submissions of the learned counsel for the parties and have perused the materials on record. 20. section 122 of the transfer of property act, 1882, (for short, the tp act ) defines gift as a transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called a donor to another .....
Tag this Judgment!