Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 152 effect of suspension and remission of sentence on dismissal Sorted by: old Court: guwahati

Ram Manohar Lohia and ors. Vs. V.S. Sundaram

Court : Guwahati

..... to omit to do what he is legally entitled to do.38. the present petitioners numbering seven were trying to get the provisions of law (manipur state constitution act 1947) acted upon and they were not using any criminal force and so their assembly could not possibly be deemed to be an unlawful assembly; and their rights to freedom of ..... and 'campbell v. hall (1774) 20 state tr 239 at p. 325 (j); as well as 'forbes v. coch-vane', (1824) 2 b and c 448 (k); 'anand bal-krishna behare v. police lashkar'. 1949 madh blr 160 cl) and 'barm v. parstam' air 1954 madh b 78 (m).17. article 51 of the constitution of india lays'-, down ..... contains express provision for judicial review of legislation as to its conformity with the constitution, unlike in america where the supreme court has assumed extensive powers of reviewing legislative acts under cover of the widely interpreted 'due process' clause in the fifth and fourteenth amendments. if, then, the courts in this country face up to such important .....

inspecting Assistant Vs. Dhansiram Agarwalla

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1986)16ITD100(Gau.)

..... is directed against the order of the commissioner (appeals) by which he has cancelled the reassessment made by the ito under section 144/147(a) of the income-tax act, 1961 ('the act') and thereby deleted the addition of rs. 5,04,127.the relief claimed by the revenue is that the order of the commissioner (appeals) may be reversed and ..... the failure of the assessee to disclose fully and truly all material facts necessary for the assessment, proceedings under section 147(a) were initiated. notice under section 148 of the act dated 2-10-1977 was served on the assessee on 7-3-1977, which was not complied with by the assessee. subsequently, a notice under section 142(1) of ..... of the original assessment and it came to the surface of the records for the first time in the draft order dated 9-3-1976 under section 144b of the act for the assessment year 1973-74. the commissioner (appeals) also pointed out that the original assessment records did not give any indication of the nature or the enquiries made .....

inspecting Assistant Vs. Tarajan Tea Co. (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1988)24ITD440(Gau.)

..... were before the ito at the time of the original assessment, we hold that the ito had no jurisdiction to re-open the assessment under section 147(a) of the act. the cit(a) was accordingly justified in cancelling the ito's order of re-assessment under section 147(a).7. now coming to the additional ground raised at the time ..... discovered by the income-tax officer will not necessarily amount to disclosure within the meaning of this section.there was a similar explanation to section 34 of the income-tax act, 1922. the scope and intent of explanation to section 34 has been explained, by their lordships of the supreme court in the case of calcutta discount co. ltd. v. ito ..... to the extent of rs. 5,00,000 and, therefore, the ito had the necessary jurisdiction to re-open the assessment within the meaning of section 147(a) of the act. it was pointed out that during the course of reassessment proceedings for the assessment years 1972-73, 1973-74 and 1974-75, the ito on the basis of information gathered .....

Potsangbam Ningol Thokchom Ongbi Ibecha Devi and anr. Vs. General Offi ...

Court : Guwahati

..... to avoid harassment. therefore, according to the learned counsel for the respondents non-compliance with the provisions of section 5 of the armed forces (special powers) act in case of those apprehended innocent persons would not amount to any illegality though at best it might be treated as irregular.7. mr. nanda kumar, the ..... produced by the respondents from different army authorities are not admissible for consideration. in this context the learned counsel placed reliance on the provisions of section 61 of the evidence act and also a decision of the supreme court as reported in : [1981]1scr899 , (ramji dayawala & sons (p) ltd. v. invest import). reliance is ..... released. moreover, the contention of the learned counsel for the appellants that the documents were not proved under the strict provisions of section 61 of the evidence act is also not acceptable relating to the facts and circumstances of these two cases. therefore, our considered opinion is that the findings of the learned single .....

Smt. Purnima Barua Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... be committed by the administrators of law.13. in view of the above decisions of the supreme court, it is concluded that violation of section 5 of the act will not only amount to wrongful detention but also violation of constitutional and legal rights. compensation can be awarded by the high court in exercise of its jurisdiction ..... station with the least possible delay, together with a report of the circumstances occasioning the arrest.'the power of the army authority given by section 4 of the act to arrest person implies the authority to detain, but the army authority shall make over the arrested person to the officer in charge of the nearest police station ..... civil power was necessary and, therefore, the central government in the exercise of power conferred upon it by section 3 of the armed forces (special powers) act, 1952 (for short 'the act') declared the whole of the state of assam a disturbed area by issuing a notification dated 27-11-90 in the official gazette. after the declaration, .....

Peoples Union for Human Rights (Represented by Ramesh Kumar JaIn and o ...

Court : Guwahati

..... following question to elucidate the two of the above cases. the question referred was 'whether the army authorities under the provisions of the armed forces special powers act, 1958 (act no. 28 of 1958) can arrest a citizen or an individual, male or female, without any invitation on the part of the police authority or without ..... of assam and army command-in-charge of operation, bajrang.9. in civil rule no. 2415 of 1990 the imposition of central rule, the notifications under 1955 act and 1958 act are assailed. a local journalist is the petitioner. the union of india, the state of assam, the joint secretary to the government of india, ministry of ..... students and for all these murders they claimed responsibility.part -- iii40. in this part we consider the validity of the impugned notifications under the 1955 and 1958 acts. in this regard rights which indian citizens have under the constitution relating to life, personal liberty and hearth of a person are briefly recounted. these rights are .....

Subhas Chandra Bhowmik and ors. Vs. Smt. Kalyani Bhowmik (Nag) and ors ...

Court : Guwahati

..... in the joint family property. in support of his contention mr. biswas has placed reliance upon a decision of the supreme court rendered in the case of sri narayan bal v. sridhar sutarreported in air 1996 sc 2371 : (1996 air scw 899). what has been observed by their lordships in this case is as under (at page ..... was further contended that the homestead, that is, dwelling house occupied by both male and female members cannot be partitioned in view of section 23 of the hindu succession act. he also denied all other materials averments of the plaint.11. the defendant no. 3 also congested the suit by filing a separate written statement and denied the material ..... of immovable property inherited by her, it should be shown--(1) that there was legal necessity, or(2) that the alienee, after reasonable inquiry as to the necessity acted honestly in the belief that the necessity existed; or(3) that there was such consent of the next reversioners to the alienation as would raise a presumption that the .....

Assam Roller Flour Mills Association and anr. Vs. Union of India (Uoi) ...

Court : Guwahati

..... , 1982. the preamble of that order reads as follows: 'no. sda. 60/80/pt./72 -- in exercise of the powers conferred by section 3 of the essential commidities act, 1955 (act 10 of 1955) read with the government of india, ministry of agriculture and irrigation (department of food) order no. gsr 800, dated 9th june, 1978, the governor of ..... : ministry of agriculture and irrigation (department of food) order new delhi, june 9, 1978gsr 800. -- in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (10 of 1955), and in supersession of the order of the government of india in the late ministry of agriculture (department of food) no. gsr 315 (e) ..... of food) issued a notification no. g.s.r. 800 dated june 9, 1978 delegating its power under sub-section (i) of section 3 of the essential commodities act, 1955 to the state government to make orders in respect of the matters specified in various clauses of sub-section (2) of section. 3 in relation to foodstuffs subject to .....

Smt. Maitreyee Mahanta Vs. State of Assam and ors.

Court : Guwahati

..... on certain citizens under the ordinance with a view to enable those citizens to continue to enjoy such rights. in other words, since the parliament failed to make an act on the lines of the ordinance, on the expiry of the period of ordinance, the ordinance lapsed. unless and until the competent authority enacts such a law with a ..... be continued. it is in this context mr. phookan waited to persuade the court to hold that by virtue of the provisions of section 6 of the general clauses act the benefits already accrued to those people will continue. his argument is that the rights arising out of the ordinance having already been vested in the petitioners, until a ..... without due process of law. (2) the alternative argument of mr. phookan, learned counsel is that regard being had to the provisions of section 24 of the general clauses act, even after the lapse of such ordinance, the rights accrued to the citizens must be given effect to.14. to support this theory of mr. phookan he placed strong .....

Central Bank Canteen Boys Association Vs. Central Bank of India

Court : Guwahati

..... canteens and non-statutory recognised canteens. the only material difference between the statutory canteen and non-statutory recognized canteen is that while one is obligatory under the said act (factories act) the other is not. however, there is no difference in the management of the two types of canteens. it was further pointed out that a classification made ..... law has been laid down as follows: 'what emerges from the statute law and the judicial decisions is as follows:(i) whereas under the provisions of the factories act, it is statutorily obligatory on the employer to provide and maintain canteen for the use of his employees, the canteen becomes a part of the establishment and, therefore, ..... by this court has been upheld by the apex court. in the judgment in the writ appeal the proviso to section 45(5)(i) of the banking regulation act, 1949 have been quoted and in paragraph 8 of the judgment a direction was given to the appellant-bank to implement the provisions of clauses 10 and 11 .....