Court : Guwahati
..... pk goswami, learned senior counsel for the roller flour mills submits that power of this court to interfere with a policy decision is limited and circumscribed, but at the same time he submits that if so called policy decision is unreasonable or against the public interest, the court can step in to interfere with such policy decision. ..... will allot wheat to the dcs/ sdos for redistribution of the same to chakki mills/fair price shops/other agencies after ascertaining actual demand in the ..... all these writ applications raise the same question of law and almost the same question of facts and as such, all these cases are taken up for hearing ..... to all the deputy commissioners and sub-divisional officers regarding procedure to be adopted for disposal of wheat products produced out of the pds quota in order to avoid accumulation of wheat product and also to make the same available in open market at reasonable prices i.e. ..... what can be said with regard to that letter is that first the decision was taken and thereafter the same justification is sought to be put forward. ..... with regard to the statements and allegations made in paragraph-8 of the writ petition are also not correct and same are denied by this deponent. ..... secretary of two hill district councils will lift the wheat shown against them and distribute the same to the consumers through lamps/f.p. ..... secretary of two hill districts councils willliftthewheatshown against them and distribute the same to the consumers through lamps/f.p. .....
Tag this Judgment!Court : Guwahati
..... saraf has argued before us that the statements of the appellant's partner purportedly recorded in the course of the search conducted on september 22, 1993, having been made under inducement, threat and coercion, the same in any view of the matter, could not have been made the sole basis of assessment of the taxable income of the appellant firm and that therefore the learned tribunal had grossly erred in law in reversing ..... of making a disclosure, is for avoiding penalty under the law, there being no such necessity in the present case for the appellant's partner to make the said, statements this reinforces the contention that the same were not volunteered and were instead obtained by using threat and coercion thus making it wholly inadmissible in law for the purpose of assessment of the taxable income of the appellant. ..... , the assessing officer, for good reasons considers it necessary to issue a notice under section 143(2) in respect thereof, and the assessee produces evidence in support of his return, the assessing officer is obligated to consider the same and make further inquiries, if called for before making the final assessment of the total income to determine his tax liability. ..... he further maintained, in the alternative, that assuming that the statements made by the appellant's partner were recorded as voluntary disclosures made by him, the same could at best be taken to be a piece of evidence for the assessment, but could not have been taken to be the sole basis therefor .....
Tag this Judgment!Court : Guwahati
..... was also not in a position to comply with all the conditions of tender fully, unless the court otherwise finds relaxation of a condition which being essential in nature could not be relaxed and thus the same was wholly illegal and without jurisdiction;(v) when a decision is taken by the appropriate authority upon due consideration of the tender document submitted by all the tenderers on their own merits and if it is ..... developed: but the law as it stands now having regard to the principles laid down in the aforementioned decisions may be summarized as under:(i) if there are essential conditions, the same must be adhered to;(ii) if there is no power of general relaxation, ordinarily the same shall not be exercised and the principle of strict compliance would be applied where it is possible for all the parties to comply with all such conditions fully;(iii) if, however ..... the ones mentioned in clause 2(j) will be acceptable as earnest money' has been known to the tenderers including the petitioners and notwithstanding such condition, they, being well aware of the same, submitted the 'call deposits' and that too not from a nationalized bank but from the guwahati urban co-operative bank in clear violation of the terms and conditions as stipulated in the nit. ..... submitted for one group by any tenderer, and in case of submission of more than one tenders for the same group by the same tenderer quoting different rates, all such tenders of the said tenderer for the said group will be deemed as .....
Tag this Judgment!Court : Guwahati
..... when the thumb impressions are available on record, we are of the considered opinion that it would have been appropriate for the authorities to get the same tested and verified through scientific method so as to come to the conclusion as to whether it is the same person who filled in the application form and also appeared in the written examination and in the office of the railway recruitment board for verification of ..... erroneous decision in the matter will lead to the deprivation of the petitioner from being employed, but at the same time, no person should be appointed on the basis of the misrepresentation and/or impersonification.17. ..... there might be variation in the handwriting of the same person obtained at different times but no such variation, perhaps, is possible in respect of the thumb impression of the same person obtained within a period of about two years ..... the handwriting of the same person obtained at different points of time and in different context, may vary, but the thumb impression of the same person cannot normally vary ..... the application form, is not the same with that of the handwriting collected on 24.6.2005, the date on which the documents were verified and the handwriting in the ..... 1, the writ petitioner responded to the same by offering his candidature in the prescribed ..... in this context, the learned counsel for the petitioner submitted that having regard to intervening period, some amount of variation in the handwriting of the same person cannot be ruled out.13. .....
Tag this Judgment!Court : Guwahati
..... 2,20,000 as compensation payable by the owner of the vehicle to the claimants and since there was a valid insurance policy, the same award was directed to be satisfied by the insurer writ petitioner by learned tribunal. ..... 347 of 1998 and other claim cases arising out of same accident, passed by the learned member, motor accident claims tribunal, kamrup at guwahati awarding a sum of rs. .....
Tag this Judgment!Court : Guwahati
..... misrepresented at the time of issue of such cst declaration in form 'c' that such goods were covered by its certificate of registration and also that it was entitled to purchase the same at the concessional rate of tax, with such finding of facts having regard to the attending circumstances and relevant considerations, the contention of the petitioner that the action was bona fide ..... the superintendent found and held that the petitioner falsely represented when purchasing goods that such goods were covered by the certificate of registration and that after purchasing the same for any of the purposes as specified in sub-section (3) of section 8 of the central sales tax act, 1956, the petitioner failed to make use ..... and as submitted by the petitioner and found that the petitioner towards importing the visicoolers and stabilizers made declaration to duly account for the disposal of the same and to pay taxes on sales thereof according to the provisions of the assam general sales tax act, 1993 and the rules framed thereunder. ..... forms (form xxiv under the assam general sales tax rules, 1993) making declaration to duly account for the disposal of the same and to pay taxes on sales thereof according to the provisions of the assam general sales tax act, 1993 and the rules ..... fact that the visicoolers themselves are not used by the petitioner for manufacturer of 'pepsi', the use of the same by the distributors and its marketing by them does not involve in any kind of emergence of a new and distinct .....
Tag this Judgment!Court : Guwahati
..... it must not be as a routine affair on the ground of initiation of departmental proceeding against the petitioner, but on the basis of absolute necessity for the same upon evaluation of the attending circumstances, the stage has not yet reached and the writ proceeding has been initiated by the petitioner foreseeing his suspension which according to him will be wholly illogical and ..... in that case which was also pertaining to two officers of the same very bank and who also questioned the decision to place them under suspension on the basis of the aforesaid two decisions of the apex court agitated their grievance unsuccessfully before this court. ..... however, this will not mean that the competent authority of the bank will be oblivious of the aforesaid discussions towards taking a decision in the matter and arrive at the same dispassionately considering the attending circumstances of the case.12. ..... this court in the aforesaid case of hem kanta saikia dealt with similar circumstances and same very arguments as in the instant case. ..... pertaining to the same. ..... certain allegations were made against the petitioner by letter dated 9.10.2003 asking him to explain the circumstances leading to the same. .....
Tag this Judgment!Court : Guwahati
..... plea of the petitioner that it should be allowed to mortgage the assets of the apm as collateral security towards obtaining financial assistance, it is the stand of the respondents that the same being beyond the scope of the mou and the lease agreement, cannot be ground for raising the grievance as has been raised in the writ petitions. ..... advocate general, assam upon written instruction furnished to him by letter dated 6.6.2007 submitted that their was no scope of the new proposal and that the same has no connection with the mou and the lease agreement by and between the parties.28. ..... according to him, the union of india although party to the proceedings having not responded to the same by filing any counter affidavit, has virtually admitted the grievance raised by the petitioner and since it is the union government, who is responsible towards granting approval of utilization and ..... submitted that the petitioner may not have to press this petition in the attending facts and circumstances of the case, more particularly, if the petitioner succeeds in the first writ petition as the same would take into its fold the grievance raised in the second writ petition.17. ..... been stated that in case of failure to pay the same, the respondents would have no alternative, but to take appropriate action for realization of the same from the petitioner in the first two writ petitions. ..... abut the trial run of the mill, it was indicated that the same was not as a whole unit, but not in respect of all .....
Tag this Judgment!Court : Guwahati
..... in november 1947, the complainant, onkarmal agarwalla, delivered a quantity of rice to tulsi nath gogoi, with instructions to deliver the same to the manager of the singlijan t.e. .....
Tag this Judgment!Court : Guwahati
..... 9,970 from the plaintiff bank and the money was released to him but the defendant had failed to repay the same. .....
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