Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 71 substitution of new section for section 143 Court: guwahati Page 2 of about 11 results (0.110 seconds)

Ranjit Chakravarty Vs. State of Assam and ors.

Court : Guwahati

..... a contention. the same can well be said about cases decided by the high court. the tribunal being subject to the judicial superintendence of this court under re-amended article 227 of the constitution, it cannot be held that the legislature had envisaged scrutiny of the judgment of this court by the tribunal.17. because of the ..... the preliminary objection and hold that the appeal has not stood transferred to the administrative tribunal under section 9 (3) of the act and that division bench is competent to dispose of the letters patent appeal.9. in view of our finding in favour of the appellant on the above grounds, we need not examine the broader ..... judgment and decree of the district judge and dismissed the plaintiff's suit. on leave being granted by the learned single judge, the plaintiff preferred the present letters patent appeal, which came up for hearing before a division bench. before the division bench a preliminary objection was raised on behalf of the respondents, the objection was .....

Phanidhar Kalita Vs. Saraswati Devi and anr.

Court : Guwahati

..... on to the exercise of jurisdiction in a second appeal so far as the high court is concerned. needless to record that the code of civil procedure (amendment) act, 1976 introduced such an embargo for such definite objectives and since we are not required to further probe on that score, we are not detailing out, but ..... .15. mr. c.k. sarma baruah, learned senior counsel appearing for the respondents made an illuminating submissions about the meaning of 'substantial question of law' as occurring in the amended section 100 of the cpc, by referring to the decisions of the apex court--1. : hero vinoth seshammal2. : santosh hazari v. purushottam tiwari3. : rajeswari v. puran ..... the power of interfering the finding based on surmise and conjectures and the perverse finding not based on legally acceptable evidence as well as the finding which are patently contrary to law declared by the supreme court inasmuch as it would be a substantial question of law. the apex court in kulwant kaur and ors. v .....

Lankashi Tea and Seed Estates P. Ltd. and anr. Vs. Commissioner of Tax ...

Court : Guwahati

..... dated october 31, 2005, on the administrative side for a conclusive resolution read as follows:(i) whether in view of the provisions of section 8(2)(f)(vii) of the assam agricultural income-tax act, 1939, as amended by the assam act xxiii of 1989 with effect from december 28, 1989, (for short 'the assam act'), unpaid cess under ..... the averments and submissions advanced on 29 behalf of the petitioners, mr. choudhury, learned additional advocate general, assam, has emphatically contended that there was no patent illegality or any jurisdictional error in disallowing the deduction of the expenditure claimed by the petitioners on account of unpaid amount of cess payable under the land ..... officer below do not call for any interference.61. due to specific limitation/restriction embodied in the provision of section 8(2)(f)(vii) of the assam act on being amended and bearing in mind the fact situation occurred in gemini cashew's case as already recorded in paragraphs 24(b) and (c)(pages 528 and 529 .....

Phanidhar Kalita Vs. Saraswati Devi and anr.

Court : Guwahati

Reported in : 2007(3)GLT199

..... on to the exercise of jurisdiction in a second appeal so far as the high court is concerned. needless to record that the code of civil procedure (amendment) act, 1976 introduced such an embargo for such definite objectives and since we are not required to further probe on that score, we are not detailing out, but ..... .15. mr. c.k. sarma baruah, learned senior counsel appearing for the respondents made an illuminating submissions about the meaning of 'substantial question of law' as occurring in the amended section 100 of the cpc, by referring to the decisions of the apex court--1. : hero vinoth seshammal2. : santosh hazari v. purushottam tiwari3. : rajeswari v. puran ..... the power of interfering the finding based on surmise and conjectures and the perverse finding not based on legally acceptable evidence as well as the finding which are patently contrary to law declared by the supreme court inasmuch as it would be a substantial question of law. the apex court in kulwant kaur and ors. v .....

Prafulla Kumar Mahanta and Etc. Vs. District Magistrate and ors.

Court : Guwahati

..... and retained only so long as it is strictly necessary. (see, command 5847 para 148. (london) 1975).following recommendations of the committee the northern ireland emergency provisions (amendment) act 1975 was enacted which contained a provision (in para 5(1) of schedule i) for an automatic termination of detention at the expiry of 14 days if the representation ..... for disposal by the 'adviser' for determination if detention was necessary 'for the protection of public' and whether the detenu was involved in 'terrorist activities.' even the amendment act itself was a temporary measure.33. in india we have in our constitution our supreme lex and laws and action of the state can be tested only on its ..... and any related or supposed inadequacy in law? indeed, there is the constitutional mandate of article 51a to be taken note of but it is not charged with patent force of legal sanctions by which the judiciary can give effect to the mandate. i have my doubts if it is open to the judiciary to deny to .....

itc Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... including cigarette, cheroots, cigar, biri, zarda khaini, sada and smoking mixture, the assam entry tax (amendment) ordinance, 2005 (hereinafter referred to as 'the aet (amendment) ordinance, 2005') or the assam entry tax (amendment) act 2005 (hereinafter referred to as 'the aet (amendment) act, 2005') are compensatory in nature? what is the difference between tax simplicitor, on the one hand, and ..... was to enquire whether the traders, as a class, are having the use of certain facilities for better conduct of their business and paying not patently much more than what is required for providing facilities, the decision, in bhagatram rajeeb kumar (supra), reflected that even if some 'link', direct or ..... state must satisfy the court that for the special benefits, which the traders are claimed to have been provided with, the traders are not paying 'patently much more than what is required for providing facilities'. this test has been adhered even in jindal stainless ltd. (supra). in a case of .....

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

Court : Guwahati

..... the rates of tax of the goods specified in the schedule and thereupon the said schedule shall be deemed to have been amended accordingly, [deleted by assam entry tax (second amendment) act, 2005 with effect from may 12, 2005]5. exemption from tax.-notwithstanding anything contained in section 3 and section 4, and subject to production of documentary proof, ..... is compensatory or not is to enquire whether the trades people are having the use of certain facilities for the better conduct of their business and paying not patently much more than what is required for providing the facilities.51. the above law declared in automobile transport (rajasthan) ltd. air 51 1962 sc 1406 came ..... is compensatory or not is to enquire whether the trades people are having the use of certain facilities for the better conduct of their business and paying not patently much more than what is required for providing the facilities. it would be impossible to judge the compensatory nature of a tax by a meticulous test, .....

Shikhar Chand Falodia and anr. Vs. Sushil Kumar Sanganeria and Brother ...

Court : Guwahati

..... . refuting the above contentions with equal force, dr. lal has argued that the revision petition, in the face of section 115 of the code of civil procedure (amendment) act, 2000 being against an interlocutory order is clearly not maintainable in law, and is liable to be rejected in limine. he further argued that having regard to the ..... of evidence in, the suit pending before it. according to the petitioners on a strict interpretation of order 17 rule 1 of the code of civil procedure (amendment) act, 2002 this is not permissible and therefore the said order is liable to be interferred with by this court in exercise of its power under section 115 of ..... power of this court as comprehended by the said provision of the constitution. the impugned order does not suffer from any error of jurisdiction. there is no patent illegality or error m procedure as well. the impugned order does not exhibit any capricious exercise of authority or perversity in approach. this court while exercising its .....

Oriental Insurance Co. Ltd. Vs. Mustt. Rejina Begum and ors.

Court : Guwahati

..... and 227 of the constitution.(2) interlocutory order; passed by the courts subordinate to the high court, against which remedy of revision has been excluded by cpc amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court.(3) certiorari, under ..... an inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all ..... case is in point - where the error, irregularity or illegality touching jurisdiction or procedure committed by an inferior court or tribunal of first instance is so patent and loudly obstructive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. if .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... administrative tribunal came to be established. 37. further part xiv a was inserted in the constitution containing article 323a and article 323b by the constitution (42nd amendment) act,1976. while article 323a deals with adjudication and trial by administrative tribunals of the matters related to recruitment and conditions of service of persons appointed to public ..... 237. this also can be looked at from another angle as reported in ranjit chakravarty v. state of assam, air 1981 gauhati 1. a letters patent appeal was pending before this court. a preliminary objection was taken that this appeal shall stand transferred to the assam administrative tribunal by virtue of section 9( ..... the supreme court and the high court under articles 226 and 227 of the constitution cannot be sustained. the present law exactly having' sought to do so is patently violative of the basic features of the constitution : [1997]228itr725(sc) ), more particularly, paragraph nos. 62, 76. 78 and 79. it is pertinent to .....