Court : Guwahati
..... guidance in the matter, which was a judgment in an appeal from the decision of the madras high court disposing of a petition under article 226 in matters relating to permits for buses issued under the motor vehicles act ..... . one of the main defences of the opposite party has been that there was no completed contract with the municipal board inasmuch as requirements under section 39, assam municipal act, were not complied with and as such, the petitioner had acquired no legal right for the specific performance of which either the petitioner could nave sued or asked for relief ..... point came up for consideration as to the effectiveness of the order of the deputy commissioner under section 232, punjab municipal act (which seems to be almost similar with the wordings of section 291, assam municipal act) and it was held that the deputy commissioner or the commissioner could prohibit the doing of an act if it has not been already done or carried out, purporting to work under that section,--but after the resolution ..... . it was held by the high court that the suspension of the resolution by the deputy commissioner under section 232 of the punjab municipal act could not affect the validity of the sanction granted and acted upon and that the circumstances were not such as would allow the committee to proceed summarily under section 172 and the notice under section ..... . the municipal board carried the amendment by eight to six votes and the chairman of the ..... regard to the second branch of ..... of bengal .....
Tag this Judgment!Court : Guwahati
..... business and make profits and he tried to transport them to dimapur, naga hills district, state of assam on the 24th february, 1955, but his vehicle was also illegally stopped at kangpokpi even though the essential supplies (temporary powers) act, 1955 (act 1 of 1955) was not enforced then.the constitution 3rd amendment act, 1954, which included foodstuffs including edible oilseeds and oil in entry 33 of list iii in the seventh schedule, was passed on 22-2-1955 and ..... in the cause shown, it has been mentioned in para 7 that the-vehicle of mohan singh thapa was not allowed to proceed as it was found plying in violation of the-provisions of the motor vehicles act and rules. ..... violation of motor vehicles act etc. ..... mns 488 might or might not have been guilty of any offence under the motor vehicles act, is not material for the purpose of this case when it is proved that the rice which was being carried by the petitioner was not stopped from being taken further on that account.13. ..... hlramba kumar, 1952 cal 502 (air v 39) (h) in which it was held that section 3(1), bengal foodgrains (disposal and acquisition) order, 1947, enacted according to section 3(f)(i)(j) and section 4, essential supplies act, 1946 were not ultra vires, but this case is of no help to the respondents because clause (f) of section 3, essential supplies act, was clearly mentioned there and powers to act under that clause had been given.similarly the case in atulya kumar de v. ..... 31, second edn. .....
Tag this Judgment!Court : Guwahati
..... gross turnover from sales which have taken place either wholly in assam or both in and outside assam during the twelve months immediately preceding the date of the commencement of the amending act exceeded rs, 12,000, shall be liable to pay tax on sales which have taken place or deemed to have taken place in assam on and from the date of ..... the definition of the word 'year' has been substituted in section 2 (12) of the act, by amending act xii of 1952, to mean the financial year ; but as it was, the petitioners had originally the option to choose their year, which, as ..... which i have pointed out earlier, namely, whereas a dealer who sells goods manufactured or produced in the province is not liable to pay sales tax unless his liability arises under section 3 of the act, a dealer who obtains such goods from outside the state is made liable, by virtue of this section, to the payment of tax, merely on that account, even though he may not have ..... dealers in motor vehicles and their ..... 'small non-importing dealers', to which reference has been made by the board, does not, in substance, exist, because the ordinary liability to payment of tax under section 3 of the act is a liability which is common to all dealers -- dealers who obtain goods for sale from outside or dealers who obtain goods for sale produced or manufactxired within the state -- and the law ..... upto the taxable quantum during the year places dealers of the second category more or less on a level with dealers whose ..... bengal immunity .....
Tag this Judgment!Court : Guwahati
..... state of west bengal, the contention that section 4 of the west bengal criminal law amendment (special court) act, 1949, violated article 14 of ..... the other hand, the preamble to the west bengal special courts act simply declared that "it was expedient to ..... involve a clear discrimination prohibited by article 14 of the constitution, as explained and laid down in the decisions of the supreme court referred to above.i am, therefore, clearly of opinion that the provisions of section 37(2) of the act must be struck down as being violative of the fundamental right enshrined in article 14 of the constitution.in view of the conclusions reached by me, it may not be necessary to examine whether the instant case fell within one or ..... permits would necessarily be regulated by the provisions of the motor vehicles act. ..... second punjab tribunal section 10 of the industrial disputes act ..... its enjoyment depend on the mere pleasure and discretion of the executive, the citizen affected having no right to have recourse for establishing the contrary in a civil court.in the second case, jagannath ramanuj das v. ..... the second respondent is the commissioner of income-tax, assam, tripura and manipur, having his office at ..... it is secondly urged that the discretion vested on the income-tax authorities under section 37(2) is unguided, arbitrary and ..... secondly, it is urged that there is no pending proceeding in which the income-tax officer could possibly have any reason to believe that any books of account or ..... second .....
Tag this Judgment!Court : Guwahati
..... of the land of sooaka adjoining the last named which have been purchased; the boundary of the shillong lands which have been purchased, from which point the boundary will follow the north and west sides of the present government roads till the boundary of the lands of borjon muntree, which have been purchased is met; it will then follow the boundary of the said borjon's land ..... . gail, published in 1893 : 'whereas an application was made to the chief commissioner for putting in force chapter iv of act v (bc) of 1876 (bengal municipal act) in the station ofshillong and its suburbs laban andmawkhar, in the district of the khasi and jaintia hills; and whereas it has been reported by the deputy commissioner ofthe khasi ..... all the provisions of the assam municipal act, 1923 (assam act i of 1923), as hereinbefore or hereinafter amended and as in force for the time being in the municipality of shillong, and all notifications, orders, schemes, rules, forms or bye-laws made or hereafter to be made for the said municipality shall, subject ..... autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say-(a) taxes on professions, trades, callings and employments; (b) taxes on animals, vehicles and boats; (d) taxes for the maintenance of schools, dispensaries or roads. ..... and demand register of the shillong municipality for the year 1957-58, referred to in judgment of the high court seems to suggest the second possibility. .....
Tag this Judgment!Court : Guwahati
..... in virtue of the statutory obligation cast on the insurer by section 96 of the motor vehicles act (hereinafter the act) to satisfy any judgment passed against the insured in respect of liability arising under a policy issued pursuant to the provisions of section 95 of the act it will be open to us, in our opinion, to direct that the entire amount of the award passed in favour of the claimants-respondents shall be satisfied in this case by the insurer if, on the facts of this case, we find that the statutory ..... in that case the admitted position, however, was that the person in respect of whom the claim was made were merely a 'passenger' who was apparently' carried for hire or reward' and therefore in his case second part of clause (b) was applicable which is not the case here this decision, in our opinion, is clearly distinguishable on facts and does not, therefore, support the contention of the learned counsel. ..... in our opinion the purport of the concluding sentence of section 110-b (even after the amendment of 1969) by which the tribunal was enabled to 'specify the amount' payable by 'the insurer or owner or driver of the vehicle involved in the accident or by all or any of them as the case may be' does not derogate from this position. ..... 24/74-75 was started against the company for realisation of the awarded amount and a notice under section 7 of the bengal public demands recovery act was issued on 29-12-1976 against the said company as the certificate-debtor. .....
Tag this Judgment!Court : Guwahati
..... been written in normal course of official work, or they were manufactured subsequently, shri goswami strongly submits that there would have been absolutely no occasion to put the decision regarding hiring of vehicles in writing and that too by the chairman to inform about the same to the secretary both of whom were occupying the same part of the office premises during the relevant time. ..... his allegation beyond reasonable doubt, pw 1, the petitioner, had admittedly no direct knowledge in the matter and he had learnt about the alleged distribution from the chairman of the longsa village, who had acted as the counting agent of the petitioner and was seen taking keen interest in the proceedings of the case as he was found present in the court room on many occasions when the witnesses of ..... gupta by first submitting that the respondent's case is well founded, and secondly by urging that in any case the petitioner has failed to discharge his burden by showing the exclusive user of the vehicles in question by the returned candidate and payment of the pol money by ..... but in view of the amendment made in the definition of the word 'candidate' by act 40 of 1975 which deleted the words 'and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as ..... anand sharma, air 1984 sc 621, wherein it has been stated in para 18 that allegation regarding corrupt practices must be 'very strongly and narrowly construed to the .....
Tag this Judgment!Court : Guwahati
..... administrator general west bengal, air 1960 sc 936. in c. s. t. v ..... in absence of any material to show that the error was committed purposely or intentionally to serve the cause of the returned candidate, the act of wrong allotment of symbol by itself does not amount to furtherance of the cause of the petitioner. 15. ..... this clearly indicates that the view taken by us in narendra (supra) was accepted by the rule-making authority, who made the amendment in april 19, 1984. ..... after, the said decision has been rendered, 'the rule-making authority' found it just and appropriate to amend the proviso and amended 'the rules'. ..... however, the amended rules did not govern the rights and obligations of the parties to this action. ..... the words 'as amended from time to time' have been inserted after the words 'as published in the assam gazette extraordinary 5t 5th april, 1973 ..... let us turn to the question as to whether the-returning officer acted illegally and in breach of rule 133(6) in allotting the symbol, 'haladhar within wheel,' to the ..... the proviso commands the parties to do certain positive acts and carry them out to get the allotment of ..... parting, we would observe that the ejection was held in 1980 and in 1984 the election was declared to be void. ..... 795 of 1983 decided on 11-5-1984) we reached the same conclusion mr. s. ..... secondly, whether the allotment of the symbol by the returning officer amounted to 'furtherance of the prospect of the returned candidate in the election by the returning officer .....
Tag this Judgment!Court : Guwahati
..... (scheduled tribes) (union territories) order 1951, the scheduled castes and scheduled tribes list (modification) order, 1956 and in the scheduled castes and scheduled tribes order (amendment) act, 1976 and that the laskar community has all along been recognised by the tripura, tripuri, tippera community as a part and parcel of their community. ..... item 40 and some other terms of the schedule were made applicable to the state of west bengal except the purulia district and the territories transferred from purnea district of bihar.the question was whether the appellant was a ..... record the supreme court held that it was absolutely impossible for any court to reasonably conclude that the second respondent belonged to the konda reddy scheduled tribe community and not to the hindu reddiar community and accordingly it had been held that the second respondent did not belong to the konda reddy scheduled tribe community but belonged to the hindi reddiar community ..... before the learned single judge trying the election petition and also the evidence of three other persons examined, the learned judge held that the second respondent belonged to the konda reddy scheduled tribe community and upheld the second respondent's election and dismissed the election petition. ..... returning officer, air 1984 sc 905 where the election of the second respondent was challenged on the ground that he did not belong to the 'konda reddy' scheduled tribe community as claimed by him but was a 'hindu reddiar' and was therefore .....
Tag this Judgment!Court : Guwahati
..... secondly, a common point of law is involved in all these appeals bearing on the interpretation of section 92a of the motorvehicles act, for short ' the act ', inserted by the amendment act ..... , west tripufa, agartala, acting as the motor accidents claims tribunal, rejected the claimants' petitions mainly on two grounds: (i) the deceased persons, sadhan and bishu, as well as the appellant, pankhirai, were gratuitous passengers in that they were riding a ' police jeep ' which was not meant for carrying passengers ; and (ii) the accident which saw the death of sadhan and bishu and permanent disablement of pankhirai was actually a collision between two vehicles and ..... and 28 of 1984, which must be satisfied by the first respondent as the owner of one of the offending vehicles. ..... deceased was sadhan debnath and in the other case bishu kumar deb barma, in both cases, the widows and other legal representatives of the deceased have appealed against the order rendered by the motor accidents claims tribunal on petitions under section 92a which were rejected by a common order passed on april 30, 1984, in t. s. ..... all the orders passed on april 30, 1984, in the several cases are accordingly set aside. ..... 27 of 1984 can be and has to be settled within the statutory limit and accordingly the first respondent (state of tripura) shall pay him a sum of ..... 27 of 1984 was permanently disabled as a result of the accident while in the other two appeals, the legal representatives of the deceased have come to this .....
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