Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Court: guwahati Page 4 of about 134 results (0.139 seconds)

Manipur Pradesh Congress Committee and ors. Vs. Union of India (Uoi) a ...

Court : Guwahati

..... in-opposition in the present writ petition. in their affidavit-in-opposition it had been stated that as per section 9(1) of the delimitation act, 2002 as amended vide delimitation (amendment act, 2003), the delimitation commission is required to delimit the seats in the house of the people allocated to each state and the seats assigned to ..... have indicated.29. the apex court in surya dev rai v. ramchander rai and ors. reported in : air2003sc3044 held that 'by the amendment of cpc by enacting the act called civil procedure code (amendment) act, 1999 cannot and does not in any manner affect the jurisdiction of the high court under articles 226 and 227 of the constitution. para ..... article 226 of the constitution of india is the basic structure of constitution and cannot be excluded even by constitutional amendment by introducing article 323 a and 323 b and by enacting the statutes 'administrative tribunal act, 1985 (act no. 13 of 1985 by the parliament). para nos. 78,90 and 99 of the scc in l. .....

Nandlall and Sons Tea Industries (P) Ltd. and anr. Vs. State of Assam ...

Court : Guwahati

..... a civil court or a judicial magistrate.24. it is evident from herein above that an assistant labour commissioner following the amendment is empowered to act as the authority under section 15. the amendment act does not disclose that the same had been accorded a retrospective effect. in other words, at all relevant times for ..... case could not have exercised his power thereunder.23. incidentally the wages act had undergone an amendment in the year, 2005, whereafter in terms of the payment of wages (amendment) act, 2005, following officers/ persons can be appointed by the appropriate government to act as the authority thereunder.(a) any commissioner for workmens compensation, or(b ..... they not having challenged the notification appointing him to exercise the powers thereunder. this is more so in absence of any bar under the wages act (un-amended) to appoint the assistant labour commissioner as such authority. no serious endeavour on behalf of the petitioner to dispute the dues quantified in the .....

Smti Namita Paul Vs. Food Corporation of India and ors.

Court : Guwahati

..... one of services by the hotelier and as a part of the amenities incidental to the service, the hotelier served meals at specified hours.8. by the 46th amendment act of the constitution, the definition of the word 'sale', as given in article 366, was widened by insertion of clause (29a), whereunder various transactions, enumerated therein ..... as contracts for 'sale' of goods inasmuch as the contracts, which were indivisible, could not have become subject to levy sales tax.6. before the constitution (46th amendment) act, 1982, the word 'sale' which occurred in the expression 'sale of goods', in the seventh schedule to the constitution of india, had carried the same meaning as ..... he does not become a 'dealer' and on such a sale, no sales tax can be imposed by invoking the provisions of section 3. by amendment, which tripura sales tax (third amendment) act, 1984, has introduced, a person, making a sale under section 3a, has been included within the meaning of the expression 'dealer'. section 3a .....

Rabindra Paul Vs. State of Assam

Court : Guwahati

..... would be 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. dowry death-(1) where the death of a woman is caused ..... mentioned herein that in dealing with section 304 ipc the apex court, as noticed above also dealt with section 113-b of indian evidence act, 1872 which has also been incorporated by virtue of amendment of the act 43 of 1986 making effective from 19.11.1986. the provision of section 113b may be read as follows:113-b presumption as to ..... , of course, as a matter of prudence, may be looked for, but the court can base a conviction without corroboration, if in its opinion it is reasonably safe to act upon such testimony without corroboration. relationship again has to be understood in a relative sense, for, it is common experience that litigations and murders take place even between closest of .....

Union of India (Uoi) and ors. Vs. Bir Bahadur Chhetri

Court : Guwahati

..... 102999 hav (gd) bir bahadur chhetri 10th battalion assam rifles a person subject to army (amendment) act 1992 read with (sro 117 of 28 mar 60 and 313 of 06 dec. 2(62) as amended by sro 325 of 31 aug. 77 is charged with.army act--section 34 (c) in the presence of the enemy misbehaving in such manner as to ..... out that the petitioner has, undoubtedly, shown, as the facts alleged against him reflect, cowardice in running away from the place, where shooting had taken place, and his act of running away helped the insurgents take away arms and ammunitions from the dead-bodies of the personnel of the petitioner's unit. in such circumstances, if the respondents/ ..... , shown cowardice by running away from the place, where the said patrol party was ambushed, leaving behind the dead-bodies of the rifle-men of his battalion, his act of cowardice helped the insurgents to take away weapons and ammunitions from the said dead bodies.2. the essential facts and materials stages, which have led to the present .....

Shri Dino Dg Dympep and anr. Vs. State of Meghalaya and ors.

Court : Guwahati

..... initially registered as public interest litigation, on the petition of the secretary general, north eastern co-ordination committee and human rights. meghalaya, the writ petition was subsequently amended by making the wife of the deceased as the petitioner no. 2 whereupon by the order dated 16-10-1998 the case was converted into a normal civil rule ..... of the undertrial prisoner and;4. to constitute state human rights commission and human rights court as required under sections 21 arrd 30 of the protection of human rights act, 1993.2. mr. s.p. mahanta, the learned counsel for the petitioner and mr. a. sharma, the learned advocate general of meghalaya have been heard at ..... prima facie case of custodial violence which resulted in the death of the deceased, the provision of section 106 of the indian evidence act can be readily invoked. under section 106 of the evidence act, it is provided that when any fact especially within the knowledge of any person, the burden of proving that fact is upon .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... short period, a substantial security holder in that public issuer; but the company did not give notice thereof as required by section 20(3) of the securities amendment act, 1988. the securities commission instituted proceedings, in the high court of new zealand, against the company for failing to comply with section 20. the high court ..... l.c, looked for the person, whose function, in the company, was same as those, which could have been expected from an individual ship owner. the person responsible for managing the condition of the ship, authorising repairs, etc., was found to be mr. lennerd. as mr. lennerd was found to be both the 'mind and will' ..... lennard's carrying co. ltd. (supra) was. in lennard's carrying co. ltd. (supra), because of unseaworthy condition of the ship's boilers, cargo had been destroyed by fire caused by the ship's boiler. the statutory provisions, which were, in question, namely, section 2, excluded application of vicarious liability and the provisions, contained .....

Md. Zakir HussaIn Vs. State of Assam and ors.

Court : Guwahati

..... national highway was required to be maintained as a state highway by the state government prior to 24.1.1997. but after coming into force the national hignway laws (amendment) act, 1997, the national highway, while passing through a municipal area, remains a national highway and though notionally speaking, the national highway may exist within the area of ..... indicated in the context in which it may have been used in a particular piece of legislation.'88. it is, thus, clear from the case of fruit & vegetable merchants union (supra) that while examining the word 'vest' for the purpose of ascertaining its implication in a statute, the word 'vest' has to be interpreted in the context ..... in possession or vesting in a limited sense, as indicated in the context in which it is used in a particular provision of the act.'91. in the light of the decisions in f&v; merchants union (supra) and municipal corporation of greater bombay, if the provisions of section 3a(1) read with section 3d(2) are analysed .....

Commissioner of Income-tax Vs. Hardware Exchange

Court : Guwahati

..... be prescribed, having regard to the nature and extent of banking facilities available, consideration of business expediency and other relevant factors.'7. sub-section (3) was amended by the direct tax laws (amendment) act, 1987, and, the words 'two thousand five hundred rupees' were substituted by 'ten thousand rupees' with effect from april 1, 1989.8. from ..... its limited or ordinary meaning, the term applies only to personal property employed by merchants and the like in their trade or business, or, more specifically, to the visible and tangible property with which the trade or business of the owner is ..... 'stock-in-trade' is very general and it varies in accordance with the business to which it is applied. it is usually applied to the stock of merchants and tradesmen, and includes articles which cover a very wide range, and in general everything that is appropriated or necessary to the carrying on of the trade. in .....

Abdul Hasim (Md) Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... making the same inapplicable to the state of assam and instead notified the foreigners (tribunals for assam) order 2006, the apex court once again intervened to strike down the amendments (see sarbananda sonowal (ii) v. union of india reported in : (2007)1scc174 ) and issued direction to forthwith implement the direction in sarbananda sonowal (i) ( ..... in certain districts. in such circumstances, if the parliament had enacted a legislation exclusive for the state of assam, which was more stringent than the foreigners act, which is applicable to rest of india and also in the state of assam for identification of such persons who migrated from the territory of present bangladesh ..... engaged counsel, the proceeding before the foreigners tribunal speaks otherwise. the proceeding before the foreigners tribunal started on 28.9.2006 after scrapping of the imdt act by the apex court. notice was re-issued to the petitioner by order dated 28.9.2006, on receipt of which the petitioner appeared before the .....