Court : Guwahati
..... 70,587 inclusive of interest by way of full and final settlement of his claim and that after receiving the same he has filed this appeal at a belated stage well beyond the period of limitation without disclosing in the memorandum of appeal that he had already received the awarded sum. .....
Tag this Judgment!Court : Guwahati
..... respondents, air 1961 sc 372, the supreme court was also of the same view [per majority] as in mohammad noor (supra). ..... according to shri dey, the act of 1993 is a complete code and the state of nagaland having sought remedies under the aforesaid act cannot agitate the same question before this court. ..... 3,99,12,814.35 from the principal deposit a/c of the government of nagaland and further to deposit the same with the recovery officer. ..... this court is concerned with the order dated 6.5.2003 directing reserve bank of india to deduct the certified amount from the consolidated fund of the state and to deposit the same with the tribunal. .....
Tag this Judgment!Court : Guwahati
..... (ii) there is no reason as to why the state should incur loss by offering the contract to respondents at a higher rate when the same brand and quality of products are offered by the petitioners at a lower rate. ..... i examined one sample only to satisfy myself with the plea put forward that quality of goods of the same mill will be same and there is no justification to accept the higher bid. ..... , guwahati for supplying khaki mosquito net also at the same rate for the same quality as for white mosquito net.' 25. ..... the cloth is from the same mill 'binny', but the sample of the successful bidder is a later product as certified by the mill and on feel as a layman i found it to be a better material and of a better ..... the authority had two options either to go for fresh tender or to have the commodity from somebody who has submitted the tender for same item but colour is different. ..... this 3rd point also has not force and as such the same shall fall through. 27. ..... , learned counsel has no force and as such the same shall stand rejected. 24. ..... however, the same quality was accepted for white mosquito netting by a different firm and accordingly the board decided to direct ..... should be borne in mind that these petitioners got the benefit of some of the items by virtue of same selection process. ..... 25 article is same but colour is different and the purchase board made bona fide exercise of power in allotting the item ..... to the same effect is the decision reported in (1999) 1 scc 492 (raunaq international ltd. .....
Tag this Judgment!Court : Guwahati
..... such authority may, for reasons to be recorded in writing, seize such accounts, registers, documents including electronic records or computer of the dealer, as may be necessary, and shall grant a receipt for the same and obtain acknowledgement of the receipt so given to him:provided that if the dealer or person from whose custody the books of account, registers, documents including electronic records or the computer are seized refuses to ..... sufficient reason', the supreme court, in moran mar basselios cathlicos air 1954 sc 526, held that 'any other sufficient reason' cannot be 'any sufficient reason', but a reason, which is 'sufficient' and, at the same time, at least, 'analogous' to one of the two reasons as indicated hereinbefore, namely, (i) discovery of new and important matter or evidence, which, after the exercise of due diligence, was not within the applicant ..... proves correctness of the case, which the writ petitioners had, originally, set up, in their writ petition, by contending that the seizure of the goods was illegal, because the same had been made due to misclassification of goods and not due to the omission to make any entry in any books of account, register or documents.56. ..... of section 74, the power of seizure is exercisable only when the authority concerned has reason to believe that though the goods belong to the dealer, the same have not been accounted for by the dealer in his accounts or registers or other documents maintained in the ordinary course of his business. .....
Tag this Judgment!Court : Guwahati
..... statutory discretions may in some cases be obliged to take into account considerations of public policy and in some context the policy of a minister or the government as a whole when it is a relevant factor in weighing the policy; but the same will not absolve them from their duty to exercise their own discretion in individual cases, in accordance with law and the rules in force unless explicit statutory provision has been made for them to be given ..... submitted that the said respondent is not a government employee as defined under the assam college employees (provincialisation) act, 2005 as amended and the rules framed under it, since he did not opt for the same and as such, he is an employee under the assam non-government college management rules, 2001, as amended. ..... das commerce college, guwahati and posted him at gauhati commerce college, guwahati and by the same order the dhe further transferred the petitioner, principal of gauhati commerce college, guwahati to ..... it is also settled that a government servant is liable to be transferred to a similar post in the same cadre which is a normal feature and incidence of government service and no government servant can claim to remain in a particular place or in a particular post unless, of course, his appointment itself is to a specified non- ..... 4, principal of kcdcg to gccg and the petitioner, principal of gccg to kcdccg in same capacity with immediate effect and requested the dhe, assam to take action accordingly, allowing respondent .....
Tag this Judgment!Court : Guwahati
..... which provides that no court shall try any suit or issue in which the matter directly or substantially in issue has been directly or substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such ..... principle underlying rule 1 of order xxiii of the code is that when a plaintiff once institute a suit in a court and thereby avails of a remedy given to him under law, he cannot be permitted to institute a fresh still in respect of the same subject matter again after abandoning the earlier suit or by withdrawing it without the permission of the court to file fresh suit. ..... principle underlying rule-1 of order xxiii of the code is that when a plaintiff once institute a suit in a court and there by avails of a remedy given to him under law, he cannot be permitted to institute a fresh suit in respect of the same subject-matter again after abandonment the earlier suit or by withdrawing it without the permission of the court to file fresh one. ..... only this, the plaintiffs had not even produced the application which is said to have been filed for withdrawal of the earlier suit with permission to file a fresh suit on the same cause of action to show as to what was the formal defect in the earlier suit by reason of which it was sought to be withdrawn. .....
Tag this Judgment!Court : Guwahati
..... : [1998]3scr939 it was held that if a preliminary enquiry is conducted culminating in the charge-sheet, the charged officer before being called upon to submit his reply to the same, on a request made by him should be supplied with the copies of the statement of the witnesses recorded during the preliminary enquiry particularly if those witnesses are proposed to be ..... the judicially enounced principle discernible from the above is that if an objection is taken to the discovery of a document relating to the affairs of the state on the ground that the same would be against the public interest or in the interest of the state, a court of law would not insist on production thereof if the reservation is expressed in an affidavit either by the head of the ..... export bill and sanctioning of financial limits in breach of the bank's procedure and guidelines exposing it to financial loss and his stand that in two of the reports following a preliminary investigation into the same allegations he had been granted a clean chit, it has to be held that by the bank's refusal to furnish copies of the said documents to him or to permit him to inspect the ..... sanctioned by the general manager (commercial banking) he was required to submit a detailed report to that effect to the chief general manager and simultaneously forward the same to the assistant general manager (commercial banking) to prepare the sanction letter addressed to the general manager (zonal office) with an intimation to the branch concerned .....
Tag this Judgment!Court : Guwahati
..... according to the petitioner-builders they obtained permission for construction of the building by virtue of the order dated 5.5.2000 passed by the standing appellate committee but the builder-petitioners at the same time pursuant to the notices dated 18.2.2002 and 3.5.2002 issued by the chief executive officer, gmda directing them to demolish unauthorized construction of 6th and 7th floors within three days, ..... the compoundable and non-compoundable items under the bye-law and it is evident from the said provision that addition of extra floor is non compoundable items meaning thereby that the same cannot be regularize by imposing any penalty for violation of any provision of the master plan/zoning plan regulations and bye-laws and, therefore, in any case the maximum allowable ..... has been granted for construction beyond the 4 1/2 floor and, therefore, the petitioner cannot take shelter by the order dated 29.5.2002, even if the same amounts to giving permission and also the order passed by the standing appellate committee dated 5.5.2000, the same being contrary to the building bye-laws, under which the maximum height of the construction allowable in the side of the existing road of 38 ft. ..... . the contention of the learned counsel for the builder-petitioners that the order of demolition dated 30.5.2006 is also illegal, the same having been issued without issuing any notice and without affording any opportunity for hearing as required under section 88 of the 1985 act, also cannot be .....
Tag this Judgment!Court : Guwahati
..... according to the returned candidate, in the previous election held in the year 1996, he had defeated the election petitioner from the same constituency with a wider margin having polled more than 50% of the total valid votes cast. ..... this bill shows that the order for supply of labours were placed on 30.4.2001 and the same was complied with by 6.6.2001. ..... in the same year he was appointed as member (technical) and immediate thereafter, was appointed as acting chairman of the board. ..... on the same day, in the evening, the returned candidate took part in a live television programme with other contesting candidates at lakhmi union hall in the jorhat town. .....
Tag this Judgment!Court : Guwahati
..... carried on the business of growing green tea leaves in the said two tea estates and of manufacturing black tea out of the said green tea leaves grown by it as well as purchased from others and selling the same in india and abroad. ..... that is not the same thing as saying that there are reasons to issue notice under section 148. ..... at the same time we have to bear in mind that it is not any and every material, howsoever vague and indefinite or distant, remote and farfetched, which would warrant the formation of the belief relating to escapement of the income of the .....
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