Court : Guwahati
..... was endorsed contending that the cylinder rentals collected from the customers for retention thereof beyond the stipulated time were exigible to tax under schedule vii of the act. the answering respondents pleaded that the gas cylinders were goods, the possession whereof remained with the customers for which the appellants collected rentals at specified rates ..... to use the cylinders establish that a transfer of right to use the same against monetary consideration was involved on lease attracting tax liability under the act.8. the learned single judge, on a consideration of the pleadings of the parties and the various clauses in the agreement between the appellant company ..... the original right of use thereof for financial returns and, therefore, was squarely covered within the definition of sale under section 2(33)(iv) of the act. mr. choudhury urged that it being manifest that the transactions concerned establish transfer of right of use of the empty cylinders for monetary gains, the test .....
Tag this Judgment!Court : Guwahati
..... public health engineering department. upon creation of the kerala water and waste water authority constituted under section 3(1) of ordinance 14 of 1984 repealed and replaced by act 14 of 1986, their services were transferred. the cases of regularisation of the employees appointed during different periods came up for consideration in the light of rule 9 ..... of employment has come to an end or of ad hoc employees who by the very nature of their appointment do not acquire any right. the high court acting under article 226 of the constitution, should not ordinarily issue directions for absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and in terms ..... any, governing the conditions of service. the main concern of the court in such matters is to ensure the rule of law and to see that the executive acts fairly and gives a fair deal to its employees consistent with the requirements of articles 14 and 16.'9. in the case of at. ramanatha pillai v. the .....
Tag this Judgment!Court : Guwahati
..... . 1,28,000. in my considered view, this amount shall be the just amount of compensation. in terms of the structural formula given in the second schedule of the said act the claimant shall also be entitled to rs. 2,000/- funeral expenses, rs. 2500/- loss of estate and rs. 5000 on pains and sufferings. thus the net amount would ..... of the deceased do not appear to have joined the claim. no explanation has been offered there for. the claim petition has been preferred under section 163a of the said act.4. after filing the written statement the owner refrained from contesting the claim and then the insurer took up the cudgel to contest the claim on the whole hog. ..... at the rate of interest 9% per annum has been awarded making the appellant liable to pay the same. having permitted under section 170 of the motor vehicles act, 1988 (for short the act) the insurer contested the claim before the said tribunal on all grounds, which are available to the owner of the vehicle and the insurer.2. i have .....
Tag this Judgment!Court : Guwahati
..... from the above controversy is that the land measuring 5.5 acres was legally hold by mura (l) by virtue of a permit granted under the mizoram (agricultural land) act, 1963. i have gone through the agreement between the mura (l) and the appellants herein, whereby the brtf become a tenant on payment of consolidated amount of rs. ..... land settlement certificate in favour of mura (l) and thereafter in favour of the first respondents herein, which was again contrary to the provision of mizoram (agricultural land) act 1963.6. a as regards the fishpond, the same was not possessed by the appellant and therefore, they should not have any liability for damage of the same. ..... for the appellants and mr. c. lalramzauva, learned counsel for the respondent. learned counsel for the appellants submits that the permit under section 3 of mizoram (agricultural land) act, 1963 was issued in favour of the mura (l) for a period of five years only in the year 1975. thus the validity of the permit expired in 1980. .....
Tag this Judgment!Court : Guwahati
..... of 2004. the claim was contested by m/s. new india assurance co. ltd., the appellant herein, on all grounds on permission obtained under section 170 of the motor vehicles act as the owner of the vehicle did not finally contest. the claim case came to be finally decided by the motor accident claims tribunal, aizawl by judgment dated 9.2 .....
Tag this Judgment!Court : Guwahati
..... in the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived at by any court acting reasonably and judiciously and is, therefore, liable to be characterized as perverse. where two views are possible on an appraisal of the evidence adduced in the case and ..... , uncle and elder sister have tried to establish that she was far below 16. but the victim in her deposition stated that she reached 16 when the alleged sexual act had taken place. again, according to the medical opinion her hymen being found intact, the two-finger passage itself did not suggest that there was sexual intercourse. no ..... in the statement of the elder sister nor in the statement of the victim, later recorded, there is even a whisper that the convict forced her to the sexual act giving thereby a clear indication that she was a willing partner. if she was really a mentally retarded person the question that looms large is whether and to what .....
Tag this Judgment!Court : Guwahati
A.H. Saikia, J.1. Heard the learned Counsel for the parties.2. This criminal appeal has been directed against the judgment and order of acquittal dated 23.12.99 passed in S.T. sharp and penetrating weapons. On getting Case No. 96/WT(A)/90 by the learned Addl. Sessions Judge, West Tripura, Agartala acquitting all the five respondents who were charged under Sections 120(B)/114/302/34 IPC.3. A brief narration of the prosecution case would be necessary in order to examine the legality and correctness of the impugned judgment and order by which all the accused-respondents were acquitted. On 04.06.1990 at about 10.20 P.M. at night, the respondent No. 1, Chanu Das, Sub-Inspector of Police, East Agartala Police Station along with his wife and two minor children including Tushar Das, P.W. 34 after witnessing the evening show at Chittra Kotha Cinema Hall located at the heart of the Agartala town, was coming on a rickshaw on their way home and Chanu Das got down from the rickshaw in front of the...
Tag this Judgment!Court : Guwahati
..... and void for the purpose of section 125 of the code. a wife must be a lawful wife. a marriage in violation of section 5(i) of the hindu marriage act cannot be termed as a valid marriage. in the instant case the second marriage during the subsistence of the first marriage is a nullity under the law and, therefore, ..... during the subsistence of the first marriage, the second marriage would be void in the eye of law, inasmuch as, the parties are governed by the provisions of hindu marriage act, 1955. the necessary condition for lawful marriage is that neither party have a spouse living at the time of the marriage. a marriage in contravention of this condition is ..... living spouse is a complete nullity in the eye of law. such woman is therefore, not entitled to the benefit of section 125 of the code or the hindu marriage act 1955. scope of section 125 of the code cannot be enlarged by introducing any artificial definition to include a woman not lawfully married in the expression 'wife' as defined .....
Tag this Judgment!Court : Guwahati
..... of this chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the workmen's compensation act, 1923 resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the provisions shall, with necessary ..... respondent no. 1 (claimant) submitted that the appeal is not maintainable in the eye of law. according to the learned counsel for the respondent (claimant), the act dos not empower any insurance company to file an appeal. the learned counsel raised another technical objection relating to the maintainability of the appeal by submitting that the ..... company limited has been rightly fastened with the liability to satisfy the award ?iii) whether insurance co. can file appeal under section 30 of the w.c. act ?5. according to the learned counsel for the appellant, the learned commissioner is duty bound to examine the concerned doctor to ascertain the nature of disability and .....
Tag this Judgment!Court : Guwahati
..... the substantial question no. 2 for obvious reason.8. it is submitted by mr. roy that although section 3 of the coal mines (nationalization) act, 1973, (for short the 'act'), provides for vesting all the rights, titles and interest of the owners in relation to coal mines specified in the schedule to the central government free ..... erred in holding that the suit was maintainable and that the plaintiff had the right to sue by misconstruing sections 3 and 5 of the coal mines (nationalization act, 1973) in the application to the present case?2. whether the plaint in the suit was verified in accordance with law?7. at the time of hearing ..... counsel for the appellant.3. the plaintiff instituted the aforesaid suit pleading, inter alia, that the plaintiff is a government of india undertaking company incorporated under the companies act, and on nationalization of the coal mines, the right, title and interest of the owner to the coal mines and other properties including the premises described in the .....
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