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 .....
Tag this Judgment!Court : Guwahati
..... view that the 1st substantial question of law is not required to be considered after the enactment of the act called transfer of property (amendment) act 2002 inasmuch as under section 2 of the transfer of property (amendment) act 2002, section 106 of the transfer of property act 1882 (4 of 1882) had been substituted by new section 106 which reads as follows:106. duration of ..... is not necessary that notice to quit must expire with the end of a month of the tenancy. under section 3 of the transfer of property (amendment act 2002 the provision of the newly amended section 106 of the t. p. act, 1882 shall apply to (a) all notices in pursuance of which any suit or proceeding is pending at the commencement of this .....
Tag this Judgment!Court : Guwahati
..... tax or by way of tax deducted at source and/or on self-assessment7. the further pleadings of the petitioner-company are that parliament having amended the provisions of the income tax act by the finance act, 1997, inserted chapter xii-d consisting of section 115-c with effect from june 1, 1997, providing for payment of additional income-tax ..... was never a part of the total income of the previous year. but if we analyse the provision of section 115-c of the act, it demonstrates a different picture. as indicated earlier, amended section 115-c(1) starts with a non obstante clause and the dividend paid by the company to be subjected to additional income-tax ..... dividend whether out of current or accumulated profits, the petitioner-company was liable to pay such additional income-tax at the rate of 10 per cent, under the amended provision. the petitioner-company having paid dividend amounting to rs. 5,67,00,000 during the financial year 1996-97 became liable for additional income-tax thereon. the .....
Tag this Judgment!Court : Guwahati
..... june, 2006.conclusion:from the foregoing observations, we are of the opinion that the nursing home is running their activities by violating the terms and conditions of assam health establishment (amendment) act, 2003. hence, we suggest that the proposal for granting of licence etc. is not advisable unless the newly named nursing home complied with the provisions of the assam health establishment ..... 14 vests the government with the power to appoint chief medical and health officer as inspecting officer for the purpose of inspecting the health establishments.20. the assam health establishments (amendment) act, 2006, which received the assent of the governor on 11.8.2006 substituted the original section 14 and thereby the district magistrate or such officer as authorized by him and .....
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
..... ' or a 'amount due from the industrial concern'. the legislature has purposely omitted to use those words. further section 32g was incorporated by the same amending act which incorporated provisions for enforcement against a surety. the fact that it is incorporated at the time when provisions permitting proceedings against a surety were being incorporated ..... submitted that the legislature was specifically incorporating provisions in sections 31 and 32 enabling financial corporations to proceed against sureties. it was submitted that by the same amendment act section 32g was also incorporated. it was submitted that the legislature did not specifically provide, in section 32g, that it could be availed of against a ..... said report is quoted hereunder:15. it is urged that section 32g of the act can only apply to a principal debtor and not against a surety. in support of this submission it is pointed out that prior to amendment of section 31 in 1985, a court had taken the view that the provisions .....
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
..... same date. the tenderers were also required to deposit tliree samples each of the product duly packed.by a corrigendum published on 20.6.2006, an amendment to the original nit was introduced whereby the commodity in schedule no. 5 was specified as cardol/cardonol (100% herbal preparation with active ingredient based on ..... counsel emphasized that the respondent no. 5 was neither appointed not-authorized by any licensed dealer or manufacturer of the commodity concerned within the meaning of the act and the insecticides rules, 1971 (hereafter referred to as the rules), and, therefore, its tender being obviously ineffectual ought to have been left out of ..... (iii) any preparation containing any one or more of such substances;in conformity with the said prescription, insecticide has been catalogued in schedule to the act. admittedly neither bionol nor cardol/cardonol find place therein. no notification of the central government published in the official gazette including these substances in the list .....
Tag this Judgment!Court : Guwahati
..... referred to as the earlier detention order) shall not (whether such earlier detention order has been made before or after the commencement of the national security (second amendment act 1984) bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person ..... section shall not, in the first instance, exceed three months, but the state government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.3(4) when any order is ..... an activity prejudicial to the maintenance under a. p. prevention of dangerous activities of boot leggers, dacoits, drug-offenders, goondas, immoral traffic offender and land grabbers act, 1986.(j) the detention order was verbatim reproduction of the proposal of the sponsoring authority. therefore it was held that 'detaining authority must apply its mind not .....
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