Judgment Search Results Home > Cases Phrase: mulki rules act 1972 Court: guwahati Page 93 of about 985 results (0.043 seconds)

Imtilemba Sangtam and Others Vs. Speaker, Nagaland Legislative Assembl ...

Court : Guwahati

..... in the present case, we could see that respondent no.4 although filed a separate petition seeking disqualification, which was not in conformity with the rules nonetheless he had filed detailed objections rebutting the claim of merger at the national level and thus contended that merger at the state level is not valid in law and not in accordance with ..... bihar legislative council, reported in (2004) 8 scc 747, it is held that strict rules of pleadings are not applicable in respect of proceedings before the speaker under paragraph 6 of ..... that the petition for disqualification should be in prescribed format under the rules and strict interpretation of rules is not permitted to subvert the object of the tenth schedule. ..... in paragraph 16 of the said decision, it is held that disqualification rules are only procedural rules and being a subordinate legislation they cannot override the effect and jurisdiction of the speaker to exercise his power under ..... been observed by the supreme court as follows:- "the underlying premise in declaring an individual act of defection as forbidden is that lure of office or money could be presumed to have ..... ncp appointed one semdok as the acting president of the state unit of the ..... to be something, the only meaning possible is that whereas he is not in reality that something, the act of legislature requires him to be treated as if obviously for the purpose of the said act and not otherwise. 24. ..... cannot be said that the speaker has acted without jurisdiction. .....

Assam State Co-operative Marketing and Consumers Federation Ltd. Vs. F ...

Court : Guwahati

..... , a co-operative institution registered under the co-operative societies act, 1949 filed a suit against the food corporation of india and its functionaries praying for a declaration that office memorandum no. .....

Deputy Commissioner of Vs. Assam Frontier Tea Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1993)47ITD179(Gau.)

..... party, in a manner of speaking and is also at the same time an authority vested with the responsibilities of drawing up the assessment and laying down the correct liability, it would not be in accord with the scheme of the act to impose restrictions on the ambit and the power of the tribunal by such like notions as finality, subject-matter of the appeal and the like. ..... the supreme court, while dealing with the powers of the first appellate authority under section 251(1)(a) of the act held that the appellate assistant commissioner had plenary powers in disposing of an appeal before him and the scope of his power is co-terminous with that of ..... (supra), the supreme court held that the observations in the earlier judgment do not rule out a case for raising an additional ground before aac, if the ground so raised could not have been raised at the stage when the return was filed or when the assessment was made or if ..... the supreme court held that the rules framed by the tribunal for regulating their own procedure including the procedure relating to additional grounds were merely self-regulating in character and did not circumscribe or control the power of the tribunal as an ..... rule 11 of the income-tax (appellate tribunal) rules, 1963, enables the tribunal to permit the appellant to urge any ground not set forth in the memorandum ..... that rule provides that the appellant shall not, except by leave of the tribunal, urge or be heard in support of any ground not set forth in the memorandum .....

Mustafa Shahidul Islam and Another Vs. Md. Safar Siddique

Court : Guwahati

..... of the person who makes the imputation; was there any malice in his mind when he made the said imputation; did he make any enquiry before he made it; are there reasons to accept his story that he acted with due care and attention and was satisfied that the imputation was true? ..... unfortunately, the learned judge has rejected the plea of the appellant that he acted in good faith, at least partly because he was persuaded to take the view that the evidence led by him did not tend to show that the allegations contained in his impugned statement were true ..... the element of honesty which is introduced by the definition prescribed by the general clauses act is not introduced by the definition of the code; and we are governed by the definition prescribed section 52 of the code ..... if it can be shown that the appellant has led evidence to show that he acted in good faith, and by the test of probabilities that evidence proves his case, he will be entitled to claim the benefit of exception nine ..... thus, it would be clear that in deciding whether an accused person acted in good faith under the ninth exception, it is not possible to lay down any rigid rule or test. ..... in considering the question as to whether the appellant acted in good faith in publishing his impugned statement, we have to enquire whether he acted with due care and attention. ..... it will be recalled that under the general clauses act, a thing shall be done in good faith where it is in fact is done honestly whether it is done negligently or .....

Smt. Aniva Dutta, Postal Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Guwahati

Reported in : (2004)(1)SLJ195CAT

..... situation, submitted that the impugned order was passed on administrative grounds and since the said order was not violative of the statutory rules or consitutional provisions, the tribunal would refrain from interfering with the administrative decision passed by the authority bonafide. mr. b.c. ..... of 1994 and like cases held that the department itself had kept in abeyance the operation of rule 37 itself and therefore, the impugned order of transfer in those cases were set aside and ..... counsel also referred to the provisions of rule 37 of the p&t manual as well ..... assailing the impugned order of transfer as violative of rules 37 and 37a of the p&t manual and f.r. ..... applicants only sought to ventilate their grievances and that all of them acted in discharge of their trade union activities. ..... 11.00 a.m.under the leadership of the applicants and others with a request tp withdraw the charge sheets issued under the relevant rules against the two employees. ..... section 19 of the administrative tribunals act, 1985 is not to act as an appellate authority. mr. b.c ..... to transfer a government servant from one post to another; provided that except-(1) on account of inefficiency or misbehaviour, or (2) on his written request, a government servant shall not be transferred substantively to, or, except in a case covered by rule 49, appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien had his lien not been suspended under rule 14. .....

Dadhi Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... conduct made to the other a clear and unequivocal promise which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to ..... on the principle of estoppel but is a doctrine evolved by equity in order to prevent injustice where a promise is made by a person knowing that it would be acted upon by the person to whom it is made and in fact it is so acted on and that it is inequitable to allow the party making the promise to go back upon it.this view found reiteration amongst others in surya narain yadav and ors. ..... for which it lacked in financial capacity to pay the salary of its employees regularly, pleaded that though, it was a government company under the companies act, 1956, it was its responsibility to earn revenue through its own resources to manage its affairs, rather than depend on the government for its sustenance. ..... rule of administrative law as a check against arbitrary exercise of power by the executive, the apex court in ramana dayaram shetty (supra), pronounced that such an authority must be rigorously held to the standards by which it professes its action to be judged and it must scrupulously observe those standards on the pain of invalidation of an act .....

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

..... . though there can be no doubt that in the light of the provisions of section 14(4)(f) of the armed forces tribunal act, 2007, (in short, aft act), the aft does have the power to review its own order, an aft cannot review, in the face of rule 18 of the armed forces tribunal (procedure) rule, 2008, its order if an application for review is made after expiry of a period of 30 days from the date of receipt of the copy of the order sought to be reviewed. 36 ..... . (viii) the court of inquiry, according to the respondents, conducted the proceeding strictly in compliance of the various provisions contained in air force act and the rules framed thereunder and, thus, the proceedings, in question, its finding as well as all subsequent actions cannot be set aside and quashed, though the petitioner has so sought for ..... . what is of utmost importance to note, while considering the provisions contained in chapter v of the air force rules, 1969, is that sub-rule (1) of rule 24 empowers, and, at the same time, makes it a duty of the commanding officer to hear every charge against a person subject to the air force act in the presence of the accused with liberty given to the accused to cross-examine the witnesses produced against him and also to call such witnesses as he may require and he may .....

Assistant Commissioner of Vs. Tusnial Trading Co.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1998)66ITD286(Gau.)

..... copy of the order appealed against along with the memorandum of appeal is neither laid down in section 268 nor in section 253(3) of the income-tax act but the said requirement originates from the provisions of rule 9(1) and it is only the explanation to the said rule itself that provides that for the purpose of the said rule "certified copies" shall include the copy originally supplied to the appellant as well as a duly authenticated true copy thereof. ..... , at that time there was a necessity of furnishing at least one certified copy with the memo of appeal as the provision contained in explanation to rule 9 of the appellate tribunal rules was not existing at that time and the same has come into effect only with effect from 1-8-1987. ..... viii above is regarding the interpretation of rule and that the interpretation should be to avoid any mischief or absurdity and that construction should be avoided which renders the provision of the act or rule nugatory and thereby defeats the objects of the ..... as such no such question as rule overriding the act is cropping up in the matter in hand ..... (iii) above that rules cannot override act is also in itself quite ..... (viii) rule of interpretation should be to prevent mischief and such constraint as would render the act or rule nugatory.we first take up the contentions raised above at serial ..... the said decision there is the observation that the rule cannot be equated to statutory enactment and the rule cannot override the provisions of the income-tax act. .....

Ravindra C. Mehta Vs. Musta HuseIn Karam HuseIn and anr.

Court : Guwahati

..... it is alleged that the petitioner accused had promised payments of the price of the coal within 15 days and on that assurance the complainant was induced to act and deliver the coal to the mill company on 9th and 10th sept. ..... . rule made absolute accordingly .....

Assam Frontier Tea Ltd. Vs. Assistant Commissioner of Taxes and ors.

Court : Guwahati

Reported in : (1997)139CTR(Gau)64

..... and manufactured by the seller in the province of assam, the portion of net income worked out under the indian it act and left unassessed as being agricultural shall be assessed under this act after allowing such deductions under the act and the rules made thereunder so far as they have not been allowed under the indian it act in computing the net income from the entire operation :provided that the computation made by the indian ito ..... saraf, the following provisions of the it act, 1961, and the rules passed under the said act and the assam agrl. ..... it act, 1939, deduction should be allowed for the expenditure allowable under the state act and the rules made thereunder so far they have not been allowed under the it act in computing the net income from the entire operation.4 ..... 8(2)(f)(vii) of the act of 1939 and the rules framed thereunder particularly r. ..... 5 of the state rules, 1939, deductions claimed and incurred wholly and exclusively for purposes of earning or deriving the agricultural income and which have not been allowed in the computation of the assessment under the it act are allowable under the state act. ..... 8 of the it rules framed under the it act, 1961. ..... it act, 1939, and the rules framed thereunder are set out hereinbelow ..... it rules provide for deductions of expenses incurred or laid out wholly and exclusively for the purpose of earning or deriving agricultural income if such deductions have not been allowed by the it authorities while computing the income for the it act, 1961. dr .....