Court : Guwahati
..... in which the petitioner company is shown to have developed its case, the case with which the writ petitioners came to this court may, in a nut shell, be set out as under:in terms of the nit, the tender papers were to be opened at 3.00 pm on 28-05-/2007 and accordingly, the petitioner company's authorized representative, namely, shri indranil gupta, was present, along with the representatives of other tenderers, in the office of the directorate of health services, govt ..... . it is, thus, clear that inside the envelope on which stands written the words 'technical and commercial bid', not only the papers/documents relating to technical bid were enclosed, but stood also enclosed therein all papers and documents relating to the petitioner company's eligibility, such as, proof of earnest money, statement of annual turnover for the last three years with balance sheets, sales tax clearance certificate, income tax return certificate, etc ..... 2, all the tender papers had been opened, on 29.05.2007, in presence of the tenderers and/or their representatives and, in this process, even the petitioner company's envelope, containing technical bid, was opened, on 29.05.2007, itself, in the presence of indranil gupta and, upon opening of the envelope of the technical bid, all relevant documents including the documents relating to deposit of earnest money were checked and, thereafter, the officials of the department had duly entered necessary .....
Tag this Judgment!Court : Guwahati
..... the short point that has been raised herein for resolution of this court is as to whether account payee pay order issued from dena bank, panbazar branch, guwahati submitted as earnest money enclosed with the tender paper pursuant to notice inviting tender (for short, 'the nit') dated 26.3.2007 floated by the hpc for awarding the contract work for transportation, bundling and feeding of bamboo in violation of the ..... terms and condition so stipulated in clause 2.1.3.1. of the nit which provides that 'earnest money as mentioned in the nit is to be deposited in the form of demand draft/call deposit drawn in favour of hindustan paper corporation limited, nagaon paper mill, kagajnagar and issued from any branches of state bank of india/canara bank/central bank of india and payable at state bank of india ..... . the pleaded case of the petitioner is that inspite of deposit of earnest money as stipulated in the nit as mentioned above, the petitioner's tender paper has not been considered by the hpc and such act itself is in violation of ..... attitude/action of the hpc/respondents refusing to open the tender paper accompanied by earnest money so deposited by the petitioner in the above form/mode ..... in the instant case relying on this decision, it is argued that the action taken by the authority for asking earnest money through the mode of payment from a nationalized bank was done in exercise of proper use of power and the same .....
Tag this Judgment!Court : Guwahati
..... that he had come to the office in connection with the seized articles, that later on he saw the respondent in his room and that in the room the bargain was struck for payment of bribe money of rupees 250/-, which the respondent promised to pay after some days.the prosecution thus alleges that the bargain took place in the room of the respondent in the office of the municipa lity in agartala ..... ) again told the respondent that he was unable to sell the seized articles and that he had no money to purchase more of the articles from the wholesalers and requested him to release the articles. ..... ) contradicted the other witnesses by stating that the currency notes were in three separate parts and that they were lying with certain papers when they were removed from the pocket of the respondent. ..... of punjab : 1958crilj265 it was held that the papers must be studied properly by the competent authority before the ..... evidence of p.w, 14 (sukhendu bikash paul) that the three bundles were mixed with papers shows that the version of the respondent that p.w. ..... over the charge of investigation to some other police officer, that paper was not filed into the court. ..... further stated that he received five papers on 1-8-1964 and put them in ..... ) there were also some papers along with the bundles. ..... official gazette to exercise the powers of food inspector under the prevention of food adulteration act, 1954 within the local municipal area of agartala and that, therefore, after perusing the papers, he gave sanction ext. .....
Tag this Judgment!Court : Guwahati
..... the accused-respondent in his statement under section 313 (sic) categorically stated that the catechu was his and that both the papers, namely, the money receipt and the challan, exhibits 1 and 2 respectively, had been signed by his younger brother and that he claimed the catechu as per exhibits 4 & 5 and that under no circumstances he was involved in an attempt to export the catechu to ..... kataki, the learned counsel appearing for the accused-respondent, submits, inter alia, that the challan and the money receipt admittedly found along side the catechu in the boat clearly proved that the catechu was brought from calcutta to dhubri by the accused-respondent and it was halted at gauripur wherefrom it was on transit by boat to ..... they also recovered from the boat one challan dated 15th january, 1973 and a money receipt for the catechu in the name of one umed kumar jain of tinsobigha. ..... the majhi informed him that the boat had been detained even after production of the papers and requested him to proceed to minghat and accordingly he arrived at minghat at about 8.30 ..... ; that no smuggler would leave the challan and the money receipt with the goods meant for being smuggled out; there was significant delay in seizing the catechu and in lodging the complaint inasmuch as the catechu was seized only on 18th january, 1973 at about 4 p.m ..... it would be unnatural for any person trying to smuggle goods out of the country to have left the challan and the money receipt with the goods or with the carrier. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
..... in support of the argument the assessee has filed a paper book showing the details of moneys received from andhra pradesh government, details of items considered as work-in-progress and details of total expenses incurred on phase two of the contract works, out of which work-in-progress was estimated, etc. ..... on going through the orders of the revenue authorities and the paper book filed by the learned counsel of the assessee, we find that there is no dispute as regards the facts of the case. ..... we have also considered the issue and the paper book filed by the assessee-company. .....
Tag this Judgment!Court : Guwahati
..... in support of the argument the assessee has filed a paper book showing the details of moneys received from andhra pradesh government, details of items considered as work-in-progress and details of total expenses incurred on phase two of the contract works, out of which work-in-progress was estimated, etc. ..... on going through the orders of the revenue authorities and the paper book filed by the learned counsel of the assessee, we find that there is no dispute as regards the facts of the case. ..... we have also considered the issue and the paper book filed by the assessee-company. .....
Tag this Judgment!Court : Guwahati
..... juris says that a , bank is an association or corporation whose business it is to receive money or deposit, cash, cheques or drafts, discount commercial paper, make loans and issue promissory notes payable to bearer called 'bank notes'. 14. ..... in its more enlarged sense a bank may be defined as an institution, generally incorporated, authorised to receive deposits of money; to lend money and issue promissory ', notes, usually known by the name of 'bank notes' or to perform some one or more of ..... under section 46a the rbi shall contribute every year such sums of money as it may consider necessary and feasible to do so to the national rural credit (long term operations) fund and the national rural credit (stabilisation) fund established and maintained by the national bank under sections 42 and 43, ..... this also varies along with the variation in the reserve money owing to variation in the deposits and the need for credit the ccdp's lone of the objections is to maintain the credit- ..... sub-section (l)(a) includes 'the borrowing, raising, or taking up of money; the lending or advancing of money either upon or without security; the drawing, making, accepting, discounting, buying, selling, collecting and dealing in bills of ..... in the matter of granting loans by banks, safety of the money lent as well as the purpose of the loan being achieved ..... rate' means the standard rate at which it is prepared to buy or re-discount bills of exchange or other commercial papers eligible for purchase under the act. .....
Tag this Judgment!Court : Guwahati
..... yet another contention of the learned counsel for the respondents is that proof of mere retention of money or entrustment is not enough to prove the offence under section 409 and he relied on robert stuart wauchope ..... was held that the letter contained only an explanation and not any admission, of guilty intention or any confession that he had misappropriated the money.it is no valid excuse for the 1st respondent, who entered upon the management of the c.m.s. ..... , the prosecution failed to prove that the 1st respondent misappropriated the money or that he disbursed the money in violation of the bye-laws and that the prosecution also failed to prove that the 1st respondent got false entries made in the account books and brought into existence false ..... air 1933 cal 800 where it was held that in cases of criminal misappropriation, the prosecution must always prove misappropriation and that it is not enough if it is proved that the accused had received the money and that the onus of proof never shifts from the prosecution. ..... fact, no money was collected from them and the transactions were mere paper transactions. ..... that case it was proved that the secretary of a co-operative society converted the money of the society in his hands to his own. ..... if they do not refund the money i promise to repay the amount by the 31st chaitra even though i do not get this amount from the parties after borrowing the amount from my friends and ..... rule 42 firstly he could advance moneys only to members of the society. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2005)(2)SLJ395CAT
..... it is further stated that her husband prepared such bogus receipts on day to day basis showing transfer of money to the sub-post master, bhella, although the sub-post master denied his signature appearing on those receipts. ..... thus, it is clear that the respondents have prejudged the issue that official papers were supplied by the applicant to her husband and the signatures of the sub post master have been forged thereon. ..... she supplied some official papers to her husband, which were produced by her husband during inquiry by preparing some false money receipts. ..... according to the respondents, the applicant had supplied some official documents without the knowledge of the postal staff working there to her husband which were produced by her husband during enquiry by preparing some false money receipts. .....
Tag this Judgment!Court : Guwahati
..... what crystallizes from the above discussion is that a condition mentioned in an nit, such as the present one, that an offer once made cannot be revoked or if revoked, it would lead to forfeiture of earnest money would be statutorily impermissible, for such a promise is not supported by any consideration and, hence, if such a condition in an nit has to survive, it has to be read into such a condition that the offer can be revoked ..... in other words, the condition in the nit, in question, that the withdrawal of the tender shall cause forfeiture of earnest money, cannot legally stop the offerer from revoking his offer or tender before the same is accepted, for the promise not to revoke the offer would be against the law, for such ..... writ petitions aforementioned by filing their affidavit-in-opposition, the case of the appellants being, in brief, thus:the request made by the petitioners for withdrawal of the earnest money was kept in abeyance by the board pending settlement and award of the work order pursuant to the tenders received. ..... the condition incorporated in the nit, in question, that withdrawal of earnest money would lead to forfeiture of earnest money is contrary to law and the same, being void, was not enforceable.8 ..... in the nit dated 20.02.2003, aforementioned, one of the conditions was that the earnest money of 10% of 65 lakhs and 10% of 10 lakhs for mawiong toll gate and 3rd mile toll gate respectively must ..... the requisite earnest money along with their respective tender papers. .....
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