Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Sorted by: recent Court: guwahati Page 4 of about 134 results (0.090 seconds)

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

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 .....

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

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 .....

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 .....

State of Assam Vs. Nirmalibora and ors.

Court : Guwahati

..... of this constitution, for free and compulsory education for all children until they complete the age of fourteen years,has also been substituted by the constitution (86th amendment) act, 2002 by the following provision:provision for early childhood care and education to children below the age of six years -- the state shall endeavour to provide ..... rejoice and celebrate when right to education has been grafted as a fundamental right in the part-ill of the constitution of india by the constitution (86th amendment) act, 2002. it is universal that education is the backbone of a true democracy. it plays the paramount role in shapping up a well defined democratic ..... employment has come to an end or of adhoc employees who by the very nature of their appointment, do not acquire any right. the high courts acting under article 226 of the constitution, should not ordinarily issue directions for absorption, regularization or permanent continuance unless the recruitment itself was made regularly and in .....

Raj International Vs. Tripura Jute Mills Ltd.

Court : Guwahati

..... legislatures with the result that the jurisdiction conferred by the aforesaid articles can only be curtailed or executed with respect to any matter by constitutional amendment and not by other ordinary legislation and/or in other way whatever may be the mode. now, if the aforesaid articles can be considered ..... the respondent jute mill did not deny this fact. he also submits that the instant arbitration proceeding is also barred by limilation and as per limitation act, an arbitration proceeding should be initiated within three years and the instant arbitration proceeding was initiated after about nine years.17. against the aforesaid contention of ..... the purported reference is in accordance with the arbitration agreement, the arbitrator has not been appointed in accordance with the arbitration agreement and failure to act in accorrance with the arbitration agreement between the parties vtitiated the appointment of the arbitrator and hence the arbitrator has no jurisdiction to try, entertain .....

Magus Construction Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Guwahati

..... case being, briefly stated, as under:(i) as per the definition of 'construction of complex service', appearing in section 65(105)(zzzh) of the finance act, 1994 (as amended), since the petitioner-company is providing service to its clients, the service, so provided by them, is taxable under 'service tax'. hence, the petitioner- ..... does not have a business establishment would not be subject to 'service tax'.33. the clarification offered under the abovementioned circular, shall be applicable even after amendment of the finance act, 2005, whereby 'construction service' includes construction of 'residential complex'. thus, construction of 'residential complex' has also been brought within the purview of ' ..... that an activity carried on by a person for himself or for his own benefit, cannot be termed as 'service' rendered.32. prior to the amendment of the finance act, 1994, in the year 2005, the central board of excise and customs, vide circular no. 80/10/2004, dated september 17, 2004, clarified .....

Larsing M. Vs. Meghalaya Tourism Development Corpn. Ltd. and anr.

Court : Guwahati

..... the petitioner himself participated in the tender process in his individual capacity and not as a company incorprated under the companies act, 1956. the said cvc office order dated 4.9.2003 has been amended by the cvc memorandum dated 7.5.2004 for this kind of tender process and clearly states that it refers to ..... of the evaluation committee, there were seemingly some contradictions and ambiguities therein, but he submits that these discripancies had been clarified in the 3rd meeting, and necessary amendment to that effect was accordingly made. the learned counsel thus maintains that there has been no substantial deviation from the bidding criteria as published in the eoi. finally ..... fixed the qualifying marks of 5 out of 10 on the two criteria. the committee noted that the facts had not properly presented earlier and accordingly agreed to amend to minutes of the meeting. to understand the meaning of the terms 'sliding or point based scale criteria', it may at this stage be appropriate to .....

New India Assurance Co. Ltd. Vs. Md. Abdul Kalam

Court : Guwahati

Reported in : [2008(117)FLR1072]

..... date it fell-due. the question of liability under section 4-a was dealt with by this court in maghar singh v. jashwant singh. by amending act 30 of 1995,, section 4-a of the act was amended, inter alia, fixing the minimum rate of interest to be simple interest @ 12%. in the instant case, the accident took place after the ..... could file the claim case before the commissioner for workmen's compensation, tezpur inasmuch as under sub-section (1)(b) of section 21 of the workmen's compensation act, 1923 the workmen/claimant can file the claim case before the commissioner for workmen's compensation having the jurisdiction over the area where the respondent/claimant is temporarily or ..... amendment and, therefore, the rate of 12% as fixed' by the high court cannot be faulted. but the period as fixed by it is wrong. the .....

Yitachu Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... facts relevant having been noticed, before proceeding further the provisions of the 10th schedule may briefly be recapitulated.dealing with the constitutional validity of the 52nd amendment of the constitution by which the tenth schedule of the constitution was inserted in the constitution, speaking for the majority of the court, justice venkatachaliah, ..... per the provisions of the tenth schedule of constitution. even though, the speaker has supreme authority in conducting the proceedings of the house, yet his acts cannot and should not result in creating a mockery of the constitution. this situation has led to uncertainty in the state administration with speculations of ..... alliance (copy of their letter enclosed). however, these 9 legislators of npf can not join another political group as per the provisions of anti defection act. thus the effective strength of the opposition remains 22. subsequently resignations of 7 of the 9 npf legislators have been accepted by the speaker. remaining .....

Ariful Islam and ors. Vs. State of Assam and ors.

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 .....