Court : Guwahati
..... smuggled, innocent people are also likely to suffer and such a wide power could not have been contemplated under the provisions of the statute. by the sea customs (amendment) act 21 of 1955 section 178a was added to remove this difficulty. it provides as follows:178a. (1) where any goods to which this x section applies are ..... taxation enquiry commission which by its report recommended the adoption of the principles underlying section 178a in order to minimise smuggling. the commission recommended the amendment of the sea customs act firstly to make smuggling a criminal offence, and secondly empowering customs officers to search premises etc, and thirdly to transfer the onus of proof in ..... v. mahammad nooh reported in 1958 scr 595 corresponding to a.i.r. 1958 sc 86 if an inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of it, or contrary to the rules of natural justice, a superior court may quite properly issue a writ of certiorari to correct .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... orders which had been rendered by the tribunal were good and valid when they were so rendered. but the orders so rendered are patently invalid and wrong by virtue of the retrospect tive operation of the amendment act. therefore, when the application for rectification was made within the period of limitation prescribed under section 254(2) of the ..... which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. if, as a result of the said fiction, we must read the ..... must be held to affect even completed assessments. ' (emphasis* added).27. as such the high court held that there was great similarity in the language used in the amending acts and the supreme court held in venkatachalam, ito v. bombay dyeing and mfg. co. ltd. : [1958]34itr143(sc) that such provisions ' must be held to affect .....
Tag this Judgment!Court : Guwahati
..... at pages 45, 313, 379, 413, 785 etc. the rules were framed by the high court, an authority empowered by the government of india act. 1935 and the india provisional constitution (amendment) order, 1948 coupled with the assam high court order. 1948. in article 225 of the constitution, jurisdiction of the existing high court and the laws ..... of the power so conferred the high court framed rule 4 which prescribed a period of 30 days for preferring appeals under clause 10, letters patent. these rules are statutory rules and have the same binding force as an enactment of the legislature itself. we are of the opinion that the rules framed ..... prerogative, independent of and apartfrom the authority of parliament. they were a charter issued directly under the power delegated to the king by the act of parliament. clause 27 of the letters patent authorised the high-court to make rules and orders for regulating the practice of the court and for other purposes specified therein. by virtue .....
Tag this Judgment!Court : Guwahati
..... matter to the iac who imposed an order of penalty by his order dated november 29, 1971. meanwhile as section 274(2) of the income-tax act had been amended by the t.l. (amend.) act, 1970, with effect from april 1, 1971, under which the iac did not have jurisdiction to impose penalty in such matters. on the question ..... from the sub-court to the high court and from the high court to the federal court under the federal court (enlargement of jurisdiction) act, 1947, read with clause 39 of the letters patent (mad) and sections 109 and 110 of the cpc provided the conditions thereof were satisfied, unless that right had been taken away expressly or ..... by necessary intendment by any subsequent enactment. 15. the constitution by article 395 repealed the govt. of india act and thereby abolished the federal court. it, .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Guwahati
..... 282/ex dated june 2, 1982 that the licence as amended was being retained in the office for renewal and that renewal of the licence was pending due to non-receipt of no-objection certificate (noc) from the district ..... of the deputy chief controller of explosives. the petitioner thereafter requested the de-deputy chief controller of explosives, respondent no. 4, to return the original licence as amended, as it was urgently required for verification of the local 'district authority'. the deputy chief controller of explosives, however, informed the petitioner under letter no. as- ..... amount to violation of the conditions of licence and provision of section 5 of the act, and as such, no action would lie under section 5 of the act and rule 93 of the rules framed thereunder and that the com-patent authority to take action for re-vacation of licence was the licensing authority and not .....
Tag this Judgment!Court : Guwahati
..... kamprai (supra) was correctly decided. after, the said decision has been rendered, 'the rule-making authority' found it just and appropriate to amend the proviso and amended 'the rules'. 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'. this clearly indicates ..... , we hold that the commissioner committed an error apparent on the face of the record in setting aside the election of the petitioner. learned commissioner has committed patent error based on clear disregard of the election law and his decision is based on wronginterpretation of proviso to rule 133(6) of the 'rules'. in the ..... 6) of rule 133. as such, the proviso should be interpreted as bearing its plain and natural meaning. the proviso commands the parties to do certain positive acts and carry them out to get the allotment of symbol. accordingly, the construction of the words used in the proviso must be strict and bear its plain andnatural .....
Tag this Judgment!Court : Guwahati
..... deny us the opportunity of pronouncing on the legal and constitutional imperatives in this regard. it may be that these 'rules' and the criminal rules and orders may need amendment and care thereof shall be taken by the court on the administrative side. we may, however, examine first what happened in the instant case after this court admitted the ..... were available to us. we are happy to note that the manual came into being as early as in 1899 though it was revised mainly in 1934 and only minor amendments therein were made from time to time. it appeared clear to us that the situation all over the country as noted in the two sunil batra cases (supra) is ..... in arambam ningol 1985-1 gauhati lr 154 (supra), where also assam jail manual has currency. we made these passing observations merely to stress the patent violation of the statutory mandate of article 61 of the act not to speak about the judicial mandate inscribed in sunil batra (ii) 1980 cri u 1099 (sc) (supra) as a result of which cause .....
Tag this Judgment!Court : Guwahati
..... 12-78. the claim for compensation for the death of diganta kalita was made by his father and was pending, when on 1-10-82 the motor vehicles amendment act 1982 act 47 of 1982 came into force and a new chapter vii-a 'liability without fault in certain cases', which included section 92-a, was introduced. the claimant ..... rule that plain words should be interpreted according to their plain meaning. there need be no meek and mute submission to the plainness of the language. to avoid patent injustice, anomaly or absurdity or to avoid invalidation of a law, the court would be well justified in departing from the so-called golden rule of construction so ..... notify. as to the commencement, i do not think it to be conclusive of the legislative intendment against retrospective operation because there were other provisions in the amending act and it is well known that such stipulation for commencement is made with a view to make preparation etc. for implementation of the provisions and when the government .....
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