Court : Guwahati
..... collected an illegal charge of re. 1/- (rupee one only) from the complainant for issue of a muster card, and thus contravened the provisions of section 26, merchant shipping act, and that he was, therefore, guilty of an offence within the meaning of sub-clause (2) of that section.the chief presidency magistrate acquitted the accused of the ..... were quoted with approval, and the facts of that case have little similarity to the facts of the present case. there, the high court had further uggested amendment of the charge and proposed to send the case back for re-trial. the offence in the present case is undoubtedly of a very grave nature, and it ..... interest in prosecuting the complainant maidhandas agarwalla and his two partners, even though the police had, no obligation to prosecute persons for offences coming under the essential supplies act or the assam roodgrains control order, and the case itself was found not substantiated.the learned special judge at one place observes that if ext. 26, the .....
Tag this Judgment!Court : Guwahati
..... deduction of 5% vat from the quoted rates, holding back/non-submission of cpg, the extent of power of the state to levy tax consequent upon the 46th amendment of the constitution, are issues having least nexus to the reliefs prayed for. the state is the best judge to consider review of any terms and conditions and ..... thereof, the respondent apdcl cannot alter the foundation of the contract by introducing detrimental tax structure, reducing unit prices etc. also, the state cannot be allowed to act against the law framed by it which clearly prescribes under what conditions composition of the tax can be made at a flat rate of 5%. the imposition of 5 ..... by dena bank alkapuri branch is returned herewith in original. you are aware that rggvy is an important flagship programme of the govt. of india and your delaying act has deprived the target habitations from getting the benefits of electrification and has not only tarnished the image of apdcl but also hinders the development of the state of .....
Tag this Judgment!Court : Guwahati
..... the powers of the governor, with respect to the appointment/removal of the vice-chancellor of maharshi dayanand university, rohtak under the maharshi dayanand university (amendment) act, 1980 were considered wherein a direction was sought with regard to the renewal of the term of the vice-chancellor of the said university. certain ..... advanced by the learned counsel representing the respondents is towards questioning the very maintainability of the writ petitions on the ground that the governor having acted with his domain, competence and jurisdiction towards passing the impugned orders, the same cannot be called in question invoking the jurisdiction of this court ..... summoning the assembly, under the rules of procedure and conduct of business of the arunachal pradesh legislative assembly. in discharging this function, the governor acts as a constitutional head and therefore his decision to pre-pone the assembly session without advice of the chief minister and primarily on requisition made by .....
Tag this Judgment!Court : Guwahati
..... an additional written statement was filed on behalf of the defendant nos. 1, 2 and 3 stating that the prayer made by the plaintiff by way of amendment of the plaint challenging the khatians is barred by estoppel, waiver and acquiescence. 7. on the basis of the pleadings, the learned trial court had initially framed ..... not in conformity with the order passed under section 55 and therefore, contention of mr. dutta that khatians were issued without necessary particulars as enjoined under the act is without any merit. 36. meaning of the word, occupancy and occupancy right in assamese is given as dakhol and dakholi swatta , respectively, in the administrative ..... at on misconstruction of the said provision of law and without consideration of the evidence adduced by the defendants. 2. whether the learned appellate court below acted illegally in decreeing the suit without setting aside the khatian issued by the competent authority, and there being no pleading nor any issue framed in this regard .....
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!Court : Guwahati
..... place of suing, then the same would have been expressly provided for, especially keeping in mind plaintiffs submissions that the legislature has recognized new media on account of various amendments. 23. in intas pharmaceuticals ltd. v. allergan inc, manu/de/9199/2006:2006 (132) dlt 641 (db), a division bench of this court held that ..... candf operator in the forum state, or an exclusive dealer that stocks the goods or services of the plaintiff in the forum state to be delivered or shipped as per a consumer's convenience. the plaintiff could show that it has a registered/branch office to address a consumer's dissatisfaction over the plaintiff's ..... plaintiff, a partnership firm, has its registered office at khairthal in the district of alwar, rajasthan. respondent no. 1 is also a company incorporated under the companies act, 1956 and has its registered office bhagwati sadan, swami dayanand marg, alwar, rajasthan and such a company is also engaged in the business of manufacturing and marketing .....
Tag this Judgment!Court : Guwahati
..... , 1973, be tried by a court of session. (2) where any proceedings in relation to any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 are pending before a court of session, then, notwithstanding anything contained in sub-section (1), such proceeding shall be ..... special court, shall be deemed to be a public prosecutor. 36-d. transitional provisions. (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988, which is triable by a special court shall, until a special court is constituted under section 36, notwithstanding anything ..... -1991 and under section 36(2) on 6-4-1991 almost two years from 29-5-1989 when amendment act 2 of 1989 became effective. since the number of courts constituted to try offences under the act were not sufficient and the appointments of judges to man these courts were delayed, cases piled up and .....
Tag this Judgment!Court : Guwahati
..... khaspossession by removing the defendants aforesaid, in respect of the suit land, on the ground that the defendants forcefully occupied the same. subsequently, the plaintiffs, by filing amendment petitions, amended the plaint in t.s. no. 16 of 2007 and the plaint in t.s. no. 17 of 2007 on 08.02.2010 and brought on record the ..... denied the plaintiffs allegations that they had forcefully and illegally occupied the suit land. 9. after filing the said written statement, on 04.05.2010 i.e. after amendment of the plaint, on 08.02.2010, the defendants, in both the suits, filed counter claims reiterating the claims made in their written statements and thus, by claiming ..... pleadings by the proposed counter claim, rather the averments, made in their earlier written statements, have been reiterated in the form of counter claims. in view of amending the plaint in 2010 and filing of the counter claims in the same year itself, it cant be be concluded that the defendants, with an ulterior motive, attempted .....
Tag this Judgment!Court : Guwahati
..... khaspossession by removing the defendants aforesaid, in respect of the suit land, on the ground that the defendants forcefully occupied the same. subsequently, the plaintiffs, by filing amendment petitions, amended the plaint in t.s. no. 16 of 2007 and the plaint in t.s. no. 17 of 2007 on 08.02.2010 and brought on record the ..... denied the plaintiffs allegations that they had forcefully and illegally occupied the suit land. 9. after filing the said written statement, on 04.05.2010 i.e. after amendment of the plaint, on 08.02.2010, the defendants, in both the suits, filed counter claims reiterating the claims made in their written statements and thus, by claiming ..... pleadings by the proposed counter claim, rather the averments, made in their earlier written statements, have been reiterated in the form of counter claims. in view of amending the plaint in 2010 and filing of the counter claims in the same year itself, it cant be be concluded that the defendants, with an ulterior motive, attempted .....
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 .....
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