Court : Guwahati
..... also have the effect in pensionary benefits to be received by the writ petitioner after retirement from service on attaining the age of superannuation, a full-fledged enquiry as contemplated by ccs (cca) rules, 1965 is required to be conducted before passing the impugned order dated 24.10.97 and the same not having been done, the learned single judge has rightly set aside the said order by giving liberty ..... it relates to interference of the order dated 24.10.97 on the ground of not holding a full-fledged enquiry as required under rule 14 of the ccs (cca) rules, 1965 however without disturbing the ultimate decision of setting aside the order dated 24.10.97 on the ground of non-issuance of ..... without prejudice to the provisions of rule 27 of the central civil services (pension) rules, 1972, a period of an unauthorized absence-(i) in the case of employees working in industrial establishments, during a strike which has been declared illegal under the provisions of the industrial disputes act, 1947, or any other law for the time being in force;(ii) in the case of other employees as a result of action in combination or in concerted manner, such as during a strike, without any authority ..... of any authorized leave of absence will constitute an interruption of service for the purpose of pension and unless the pension sanctioning authority exercises its powers under rule 27 of the ccs (pension) rules to treat the period as leave without allowance, the entire past service will stand forfeited.9. .....
Tag this Judgment!Court : Guwahati
..... be criminal, was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act or omission, or as not to know that what he was doing was wrong, then such a person is not in law responsible for his act.the question whether a prisoner, at the time when he committed an act or made an omission, was or was not insane so as not to be responsible according to law is a question of fact which the jury ..... award of punishment following conviction at a trial in a system wedded to the rule of law is the outcome of cool deliberation in the court room after adequate hearing is afforded to the parties, accusations are brought against the accused, the prosecuted is given an opportunity of meeting the accusations by establishing his ..... court further observed:'when a plea of legal insanity is set up, the court has to consider whether at the time of commission of the offence the accused, by reason of unsoundness of mind, was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. ..... state of maharashtra, air 1972 sc 2443 : (1972 cri lj 1523), oyami ayatul ..... is an offence, which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.'8. ..... iii) life imprisonment is the rule and death sentence is an ..... of the indian penal code reads as follows:'act of a person of unsound mind. .....
Tag this Judgment!Court : Guwahati
..... we do not feel inclined to deal with the appellant under the aforesaid act in view of the daring character of the appellant. ..... the facts material for tine purpose of disposal of this appeal may be stated as follows :--on 23-10-1972 at about 12 or 12.30 p. m. ..... kataki, learned counsel appearing for the appellant prays that the appellant may be dealt with under section 6 read with section 4 of the probation of offenders act, 1958. .....
Tag this Judgment!Court : Guwahati
..... the facts of the present case are quite different and this ruling of the privy council is not applicable here as it speaks of conflict between area and boundaries. ..... but the revisional court has to see whether the court below acted in exercise of its jurisdiction illegally or with material irregularity. ..... bishambhar nath singh kapoor: air 1972 all 552 in support of his submission that the executing court has jurisdiction to direct delivery of possession through a commissioner. .....
Tag this Judgment!Court : Guwahati
..... the question as to how far the executing court can act and what it should do if the decree happens to be an ambiguous decree has been dealt with by the apex court in bhavan vaja v. ..... solanki hanuji, air 1972 sc 1371 and the apex court after discussing the scope of section 47 code of civil procedure held (at page 1374) :--'it is true that an executing court cannot go behind the decree under execution. ..... rules, 1988;(ii) that the plaintiffs being the senior s.i. ..... rules, 1988 along with all financial benefits as the scale of rs. .....
Tag this Judgment!Court : Guwahati
..... , and the court directed restoration of possession to the plaintiff with the aid of police observing that no technicality could prevent the court from doing justice in exercise of its inherent powers, and that the object of rule 2-a, order 39, would be fulfilled only where such mandatory direction was given for restoration of possession to the aggrieved party, and that was necessary to prevent the abuse of process of law.9. ..... , air 1977 sc 2421, where the supreme court has held that where from a reading of the plaint it appears that it is manifestly vexatious, and meritless, the trial court should exercise its power under order 7, rule 11 of the code of civil procedure, and reject the plaint straightway at the first hearing so that a bogus litigation shot down at the earliest stage. ..... kapur, air 1972 sc 2379, the supreme court has held that the jurisdiction of the high court under section 115 of the code of civil procedure is a limited one, and that section 115 of the code of civil procedure is not ..... 79/87 under order 39, rule 2-a of the code of civil procedure, 1908, complaining that the respondents 3 to 6 dispossessed the respondent no. ..... the aforesaid acts of the respondents 3 to 6 and the petitioners 1 and 2 are in gross violation of the orders of temporary injunction dated 6-11-1981 which was made absolute on 4-3-1983. .....
Tag this Judgment!Court : Guwahati
..... -where any court or claims tribunal allows a claim for compensation made under this act, such court or tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it ..... the changes in the rate of interest made by the parliament in the income tax act from time to time can be taken as index of the prevailing rates of interest during the ..... rate of interest originally was 4 per cent, which was raised to 6 per cent with effect from 1.4.1965, to 9 per cent with effect from 1.10.1967, to 12 per cent with effect from 1.4.1972 and to 15 per cent with effect from 1.10.1984. ..... it can, therefore, be held that between 1.4.1972 to 1.10.1984, the prevailing rate of interest was 12 per cent and from 1.10.1984 onwards it is 15 ..... words, the award of interest should be the rule-refusal an exception.12. ..... from a reading of section 110-cc of the act, it is clear that a discretion has been conferred on the court or tribunal to award interest in addition to the amount ..... provision is contained in section 171 of the motor vehicles act, 1988 (act 59 of 1988) which has since repealed themotor vehicles act of 1939.10. ..... to award interest is vested in the tribunal under section 110-cc of the motor vehicles act, 1939 which reads:110-cc. ..... this act provides for charging of interest from the tax payers on delayed payment of tax and also for payment of interest by the government to the tax payers on .....
Tag this Judgment!Court : Guwahati
..... and trespass of petty nature, simple assault and hurt, affront and affray of whatever kind, drunkenness or disorderly brawling, public nuisance and simple causes of wrongful restrain.rule 43 stipulates that in trying criminal cases the sub-ordinate district council court, additional sub-ordinate district council court or the district council court shall exercise such powers subject to the ..... the sixth schedule a regional council or the district council, as the case may be, is empowered to make rules for the constitution of courts and the powers to be exercised by such courts:(4) a regional council or district council, as the case may be, may with the previous approval of the governor make rules regulating-(a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph. ..... trial of suits and cases under sub-paragraph (1) of this paragraph.stipulates that those courts are to function in accordance with the procedure evolved by the rules made by the district council or regional council as the case may be with the previous approval of the governor. ..... immediately before the 21st day of january, 1972, were included in the tribal areas of assam, as referred to in paragraph 20 of the sixth schedule to the constitution, other than those within the local limits of the municipality of shillong.the state of meghalaya came into existence in the year 1969 by virtue of an enactment of the parliament the assam re-organisation (meghalaya) act, 1969. .....
Tag this Judgment!Court : Guwahati
..... besides that, there is no gainsaying the fact that the petiand ors.tioner is a dealer and therefore the argument raised in this connection that even though the petitioner is a dealer registered under the act, still he would not be liable to pay sales tax on the sale of onion imported from outand ors.side on the ground that the onion produced in the state of assam does not attract the ..... in this connection he has drawn our attention to the definition of the term 'dealer' contained in section 2, sub-section (2), of the act, which reads as under :(2) 'dealer' means any person who sells taxable goods manufactured, made or processed by him in assam, or brought by him into assam from any place outside assam for the purpose ..... fore, unable to accept the contention advanced by the learned counsel that on account of the wordings contained in the definition of the term 'dealer' in the act, onion produced within the territory of the state of assam cannot be subjected to sales tax. ..... within the meaning of the assam finance (sales tax) act, 1956 (hereinand ors.after to be referred to as the act) and the rules framed thereunder. ..... in this connection, reference may be made to schedule iii of the act, where amongst the list of goods under section 7 of the assam sales tax act, it is specifically mentioned that onion, garlics, spices and condiments would not be included within the ambit ..... by insertion of the words 'including onions and garlics' after the word 'bulbs' and before the word 'and' by act no. .....
Tag this Judgment!Court : Guwahati
..... award of interest where any claim is allowed :- where any court or claims tribunal allows a claim for compensation made under this act, such court or tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rale and from such date not earlier than the date of making the claim as ..... the changes in the rate of interest made by the parliament in the income tax act from time to time can be taken as index of the prevailing rates of interest during the ..... of interest originally was 4%, which was raised to 6 per cent with effect from 1-4-65, to 9 per cent with effect from 1-10-1967,to 12 per cent with effect from 1-4-1972 and to 15per cent with effect from 1-10-1984. ..... it can, therefore, be held that between 1-4-1972 to 1-10-1984, the prevailing rate of interest was 12% and from 1-10-1984 onwards it ..... words, the award of interest should be the rule - refusal an exception.10. ..... from a reading of section 110-cc of the act, it is clear that a discretion has been conferred on the court or tribunal to award interest in addition to the amount ..... is contained in section 171 of the motor vehicles act, 1988 (act 59 of 1988) which has since repealed the motor vehicles act of 1939.8. ..... award interest is vested in the tribunal under section 110-cc of the motor vehicles act, 1939 which reads:110-cc. ..... this act provides for charging of interest from the tax payers on delayed payment of tax and also for payment of interest by the government to the tax payers .....
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