Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Court: guwahati Page 10 of about 702 results (0.046 seconds)

Goutam Das and anr. Vs. State of Tripura and anr.

Court : Guwahati

..... approver only because there is no independent direct evidence to corroborate ignoring the fact that there cannot be any independent corroborating evidence to prove a secret act like conspiracy. the court has been authorised by law to grant pardon only for the purpose of bringing into light from an accomplice certain essential hidden ..... an accomplice, such conviction may not be proper if evidence of accomplice is not appreciated with due caution provided in illustration (b) of section 114 of that act, which is complementary to section 133. the said illustration provides:(b) the court may presume that an accomplish is unworthy of credit, unless he is corroborated ..... value of approver's evidence:- we may, now, turn to discuss briefly the evidentiary value of the evidence of an accomplice. section 133 of the evidence act provides:133. accomplice: an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated .....

Murlidhar Jalan Vs. Income-tax Officer, Dibrugarh.

Court : Guwahati

..... should be held to extend to all ancillary and subsidiary matters which fairly and reasonably can be said to be comprehended in it. the income-tax act is an act relating to taxes on income other than agricultural income. the provision relating to settlement of the amount of tax which escaped assessment, and the provision ..... furnished by those provisions of the criminal procedure code which provide immunity from prosecution without sanction of the government for offences by public servants in relation to their official acts, the policy of the law being that public officials should not be unduly harassed by private prosecution unless, in the opinion of the government, there were ..... to objects or occupation or the like. what is necessary is that there must be a nexus between the basis of classification and the object of the act under consideration. these two cases, it is contended, do not lay down that if there are two alternative procedures provided, any uncontrolled discretion given to the .....

Commissioner of Customs and Central Excise Vs. Assam Asbestos Limited

Court : Guwahati

..... paragraphs of the application, explaining the delay in question, the petitioner has failed to make out 'sufficient cause' as stipulated under section 5 of the act which provides:5. extension of prescribed period in certain cases--any appeal or any application, other than an application under any of the provisions of order xxi ..... preferring the appeal.2. that the brief facts of the case are that m/s. assam asbestos ltd., guwahati is an assessee under the central excise act engaged in the manufacture of asbestos cement products (asbestos plain sheet/corrugated sheet) and galvanized corrugated sheets classified under central excise tariff heading 6804 and 7210 respectively ..... counsel assisted by ms. m.l. gope, learned counsel for the respondent.2. this is an application filed under section 5 of the limitation act, 1963 (for short, 'the act') seeking condonation of inordinate delay of 565 days in preferring the related central excise reference/appeal.3. it would be pertinent to quote herein the .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... meaning of this section.130. before proceeding further, it needs to be noted that unlike special penal statutes, such as, prevention of food adulteration act, essential commodities act, etc., the indian penal code does not make specific provisions for prosecution of a company or of the directors or managing directors of a company ..... any provision specifically making a company liable for offences, which involves mens rea as an essential ingredient; whereas the income-tax act, the essential commodities act, the prevention of food adulteration act, etc., contain specific provisions to deal with the offences committed by companies. in fact, under some of these penal statutes, ..... in corporate liability and includes any association of persons such as a partnership firm.143. i may, however, hasten to add that the foreign exchange regulation act, 1973, specifically provided, with the help of section 23c, prosecution for offences committed by companies. there is no such specific provision, as i have .....

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Reported in : [2010]153CompCas579(Gauhati)

..... the shareholder is a free right to transfer to whom he will, it is not necessary to seek in the articles for a power to transfer, for the act (the english act of 1980) itself gives such a power. it is only necessary to look to the articles to ascertain the restrictions, if any, upon it. thus a member ..... law remedy or the jurisdiction of the civil court, see premier automobiles ltd. v. kamlakar shantaram wadke reported in : air 1975 sc 2238 and rajasthan road transport corporation v. bal mukund bairwa reported in : [2009] 4 scc 299.101. in secretary of state v. mask and co. reported in [1940] 67 ia 222, it has been held ..... of contract is, thus, dependent on the happening or not happening of some collateral event. thus, a 'contingent contract' contains, within itself, two contracts, firstly, tire principal act agreed to be done or not be done, and embedded, in this principal contract, is the collateral contract of contingency. sections 32, 33, 34 are various contingencies contemplated in the .....

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

Court : Guwahati

..... thereunder, otherwise available to him in law.36. we propose hereafter to deal with the various contentions bearing on the amendments of the act. the act as its preamble discloses is a legislation to provide for better regulation of buying and selling of agricultural produce and the establishment of market ..... country through coordinated implementation of the relevant legislations. inconformity with the said guide-lines, the government of assam occasioned amendments to the principal act for which act 2000 was enacted. in the meantime, the board being aggrieved by the judgment and order dated 04.04.2001 of the full bench of ..... private and corporate sectors, creation of an environment conducive to emphasise investments in marketing related infrastructural facilities, modernization and strengthening of existing markets etc. act 2006, according to the answering respondent, has been enacted to promote the development of agricultural markets under the relevant schemes of the government of india .....

National Insurance Company Ltd. Vs. Rana Dev Sutradhar and ors.

Court : Guwahati

..... 11. it may be said that the dispute with regard to eligibility of the claimants within the meaning of the provisions of section 2(1)(d) of the act of 1923 is undoubtedly a substantial question of law, particularly when the commissioner has not addressed the issue despite being specifically pleaded in the written statement by the ..... law:whether the respondents-claimants who are the brother and widowed sister of the deceased workman could be treated as dependents under the provisions of the workmen's compensation act, 1923?7. there is no dispute that the father and mother of late dara singh sutradhar predeceased him. they left the deceased, his brother rana and their ..... with the appellant company. the death of the driver was in course of his employment and, as such, an application for compensation was filed under the workmen's compensation act. it may be mentioned here that the claim petition has been filed by the brother of the deceased, sister (widowed) and her son.4. the appellant company .....

Carbon Resources Pvt. Ltd Vs. the Assam Electricity Regulatory Commiss ...

Court : Guwahati

..... on the premises. 13. 1therefore the recovery proceeding initiated through money suit 3/95 cannot be understood to be a proceeding under section 56(2) of the 2003 act and under such circumstances, there cannot be any basis for holding that the action of the respondents in seeking recovery of the amount is not sustainable because of the ..... property through auction, the purchaser cannot be hard to say that the property suffered from certain disadvantages. 13. as regards applicability of section 56(2) of the 2003 act which prohibits recovery of a sum due from any consumer after a period of 2 years from the due date, which can be easily seen that the electricity board ..... request from the owner or occupier of any premises and there cannot be any exception for this obligation cast on the supplier. 5. 1section 50 of the 2003 act is also refers to by the learned counsel which provides for an electricity supply code for recovery of electricity charges under which the regulations, 2004 have been framed. .....

Karam Thamarjit Singh Vs. Md. AllauddIn Khan

Court : Guwahati

..... impliedly excluded the application of order xi. their lordships have, however, added that the provisions of cpc can be adopted under the following situations:(i) where the act contains express provision for certain matters which are inconsistent with the procedure prescribed by the code: and (ii) where a particular provision of the code of civil ..... further submitted that certain provisions of cpc can be invoked in exceptional circumstances but no provision of cpc can supplant the specific provisions found in the rop act.8. in order to strengthen his arguments the learned counsel for the petitioner pressed into service few judgments from the hon'ble supreme court rendered in the ..... (briefly 'cpc'). according to the learned counsel for the petitioner the counter-claim made in the written statement are not maintainable within the provisions of the rop act, hence liable to be struck off under order vi, rule 16 of cpc.4. heard shri npc singh, learned senior counsel for the petitioner and shri hnk .....

Purno Boro Vs. State of Assam and ors.

Court : Guwahati

..... has been rendered homeless due to flood, erosion or earthquake.(b) landless cultivator.(c) agricultural farming corporation as defined in the assam agricultural farming corporation act, 1973 (assam act viii of 1973).section 18 : tenant who does not agree to take settle-a tenant who is in occupation of any land transferred to and vested ..... of allotment and payment of conversion fees by them notwithstanding, they cannot be construed to be cultivating tenants within the meaning of section 16 of the ceiling act. their claim of settlement of the land in their possession under the above provision of law, therefore, is unsustainable in the prevailing fact situation.(ii) ..... petitioner filed a series of 15 documents titled as 'certificate of allotment of the land (under possession of the agricultural tenant) acquired under ceiling surplus act'. each one of these documents purports to allot a certain portion of land specified therein to the persons named therein for the purpose of possessing and using .....