Court : Guwahati
..... originals and also to adduce evidence in respect of their claim of indian citizenship discharging the burned of proof as envisaged under section 9 of the foreigners act. simply by blaming the engaged advocates, they cannot escape their such liability. i have verified the records of the tribunal, which reveals that the ..... sanatan das, in whose favour annexure-1 certificate of registration was issued in 1951. the registration was as citizen of india under the provisions of theitizenship act, 1955. her purported father was a refugee from the then east pakistan, now bangladesh. apart from this document, the petitioner has not produced any other ..... to the tribunals constituted under the foreigners (tribunal) order, 1964. the direction was issued for deciding the pending cases in the manner provided in the foreigners act, 1946. the direction was also issued to constitute sufficient number of tribunals under the foreigners (tribunals) order, 1964 to effectively deal with the cases of foreigners .....
Tag this Judgment!Court : Guwahati
..... is for realization of public money invested, any interference with the impugned action besides being unwarranted would be mutilitive of the underlying objectives of the act.15. the contrasting pleadings and the arguments have received the anxious consideration of this court. the peripheral debate bearing on the maintainability of the writ ..... reply has at the threshold challenged the maintainability of the writ petition for non exhaustion of the alternative remedy of appeal under section 17 of the act. according to him, as statutory remedy is obtainable by the petitioners, this court would refrain from exercising its extra ordinary jurisdiction under article 226 of ..... respondent bank in its affidavit has challenged the maintainability of the petition in the teeth of the statutory provision for appeal under section 17 of the act. they have disputed the petitioners' claim of residence and business over the property furnished as collateral security and has denied that they had been remained .....
Tag this Judgment!Court : Guwahati
..... and applies for bail under section 439, he is actually in the custody of the court to which he applies for bail, for, he, in effect, submits, by his such act, to the jurisdiction and orders of the court to which he applies for bail. similarly, even if a person is not arrested or detained or is not brought before a .....
Tag this Judgment!Court : Guwahati
..... singular question to be examined in the present case is whether the tenancy was terminated in accordance with the provisions of section 106 of the transfer of property act. the receipt of notice by the defendant is admitted in the written statement. the defendant has not raised any' specific objection as to the validity of the ..... action.sincerely yourssd/- pradip sen deka12. the purpose of giving notice for 15 days in respect of the monthly lease under section 106 of the t. p. act is only for ejecting or/evicting the lessee from the suit premises (immoveable property) by terminating the monthly lease. therefore, giving 15 days' notice to the lessee ..... plaintiff no. 1. in the written statement the appellant-defendant stated that no valid and the proper notice under section 106 of the transfer of property act (for short t. p. act) was served properly. for ready reference, para no. 13 of the written statement of the appellant-defendant wherein the appellant-defendant had mentioned that .....
Tag this Judgment!Court : Guwahati
..... premji associated themselves in finding prospective customers for disposing of the contraband whereby they abetted commission of the crime within the meaning of section 29 of the ndps act.in the result, we find no ground to interfere with the impugned judgment of conviction and sentence. accordingly, the impugned judgment and order is hereby affirmed ..... the accused persons were recorded. the accused persons were arrested mainly on suspicion of having committed offence punishable under section 8(c), 21 and 29 of the ndps act. as per the law laid down by the apex court in veera ibrahim v. state of maharashtra reported in : 1976crilj860 certain conditions must be fulfilled ..... taken part in procuring and trying to dispose of the contraband drugs and were accordingly convicted of the offences of abetment and criminal conspiracy under section 29 ndps act, and sentenced to rigorous imprisonment for 10 years each with a fine of rs. 1 lac in default to undergo another one year rigorous imprisonment. .....
Tag this Judgment!Court : Guwahati
..... sub-section(2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.(4) if the appointment procedure in sub-section (3) applies and-(a) a party fails to appoint an arbitrator within thirty days ..... party challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34.13. under section 16 of the said act 1996 the arbitral tribunal may rule on his own jurisdiction including ruling on any objections with regard to the existence or validity of the arbitration agreement. party ..... aggrieved by any order passed by the arbitral tribunal, by exercising his power under section 16 of the said act 1996 may make an application for setting aside such an arbitral award in-accordance with section 34. section 16 is quoted hereunder.16). competence of arbitral .....
Tag this Judgment!Court : Guwahati
..... learned counsel appearing for the respondent no. 5 submits that even on the occasion when the retirement age of the government employees was raised to 59 years, the board acted as per the decision of the government and raised the age of superannuation of the employees of the board from 58 years to 59 years. referring to the various ..... the government of assam has raised the age of superannuation to 60 years for its employees or not. they have submitted that as per the provisions of the act and the rules, the board being an independent authority without any control of the government, the impugned letter dated 26.2.2007 could not have been issued by ..... government, it is the stand of the respondent no. 3 that such resolution has been adopted as empowered as per the provisions of the water (prevention and control of pollution) act, 1974 and the rules framed thereunder namely, the water (prevention of pollution) (assam) rules, 1977.6. although mr. b.k. mahajan, learned counsel for the petitioner as .....
Tag this Judgment!Court : Guwahati
..... action under section 142 of the regulation, he would merely have reported to the deputy commissioner. the report would have been merely an executive or administrative act of an executive officer. the appellate jurisdiction of the deputy commissioner sprang or arose from the fact that the sub-deputy collector had at one stage of ..... are wholly or partially revenue free.22. the proceedings are again admittedly non-judicial even if the sub-deputy collector's. bona fide believed that he was acting under the regulation. chapter vir, land eevenue manual contains rules framed under sections 129,152 and 155 (b) and (c)rule is provides that the provisions ..... the opposite parties urges that the sub-deputy collector and the deputy commissioner, the appellate authority, both were mot courts within the meaning of the act when they purported to act under the assam land and bevenue regulation. [after recapitulating the facts culminating in the allegation that the contents of the notice and the speeches .....
Tag this Judgment!Court : Guwahati
..... be read in isolation. on a cumulative reading thereof, the plea of vagueness does not merit acceptance.26. a plain reading of the provisions of the act unequivocally demonstrates that with the publication of the notification under section 3(1) the land specified vests in the government free of all encumbrances. however, under ..... land in favour of the petitioners', the predecessor in interest. it is contended that the impugned notice had been issued under section 16(2) of the act and having been served on the petitioners, the challenge thereto was unsustainable.13. in the parawise comments produced in course of the arguments, the official respondents ..... lands belonging to religious or charitable institution of public nature rules, 1962, (hereafter referred to as the rules) were framed. by an amendment to the act in 1987, section 25a was inserted mandating constitution of a management committee for each religious or charitable institution of public nature to exercise control over the annuity .....
Tag this Judgment!Court : Guwahati
..... the proposition therein that any property vested absolutely in the central government free from all encumbrances, cannot be acquired by it under the land acquisition act, 1894, is of no relevance.17. a plain reading of the notifications demonstrate that the land identified to be requisitioned, is comprised of abandoned railway track ..... , the railway have some semblance of claim thereon and therefore, the action of the state government, though the recorded pattadar, under section 3 of the assam act, is permissible.16. the facts as obtained in hari chand bishna ram and anr. (supra) and nanak chand sharma (supra), are distinguishable and, therefore, ..... notice, the land would vest absolutely in the state government free from all encumbrances and the requisition thereupon would end. the provisions of the land acquisition act, 1984 with the rules framed thereunder, following such investiture would apply to the said land. 15. the scheme of the provisions noticed hereinabove, though, .....
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