Court : Guwahati
..... of the three companies are not eligible for listing on any stock exchange and the companies have not complied with the listing conditions and the provisions of the securities contracts (regulation) rules, 1957, and thereby rendered themselves liable for delisting. ..... 'unquoted shares' within the meaning of rule 1a(1) of the wealth-tax rules, 1957 (for short, 'the rules'), and valued the shares under rule 1d of the rules on the break-up value. 3. ..... unquoted shares within the meaning of rule 1a(1) of the wealth-tax rules, 1957, though they had been quoted ..... such quotations of shares published by the stock exchange of daily transactions also contain a compilation of quotations of various securities and shares not necessarily quoted in the daily quotation in the absence of transactions but based on past transactions and the date of ..... the wealth-tax assessment year 1977-78 under the wealth-tax act, 1957 (for short, 'the act'), and the wealth-tax rules, 1957 (for short, 'the rules'). ..... triloki singh, : [1957]1scr370 the supreme court, considering section 90(2) of the representation of the people act, 1951, which contained the words 'subject to the provisions of this act and of any rules made thereunder', observed (at page 454) : 'the true scope of the limitation enacted in ..... the rules framed in 1957 did not contain any specific provision regarding the determination of the market value of shares of companies and the guidelines in that regard were available only in the provision in section 7(1) of .....
Tag this Judgment!Court : Guwahati
..... the fact that the petitioners, as sureties, ensured the 'creditor' that in default of due performance of the duties of the mouzadar in accordance with the rules and instructions contained in the regulation and also in default of payment of government revenue punctually on the fixeddates or in the event of the mouzadar acting in contravention of the regulation, rules or executive instructions, the sureties, their heirs, representatives and permitted assigns would remain responsible and bound themselves, their heirs and assigns ..... be held that the petitioners had the intention to execute the bond in favour of the state of assam authorising the deputy commissioner to realise the amounts secured by them (petitioners); (2) whether there was a misdescription of the party which did not per se nullify the contract or as ko whether it was an unilateral mistake committed by the petitioners which did not affect their liabilities; (3) whether in view of the facts and circumstances of the case we should interpret ..... few material facts may be narrated to bring up the legal issue in the proper setting:-- one anangadhar rajkhowa was appointed as the mouzadar of joypur mouza and under the provisions of the assam land and revenue regulations he was required to furnish sureties guaranteeing due performance of his duties and answer for his default to deposit land revenue as provided under the said regulations, rules and executive instructions framed thereunder. ..... homi), air 1957 sc 587 (state of u. p. .....
Tag this Judgment!Court : Guwahati
..... basis of which the state could proceed to recover the amount of rupees 9387,75, allegedly for breach of contract, and, recover the amount in revenue recovery proceedings and (3) whether a proceeding for recovery of the said amount can be taken by the respondents under the assam land revenue regulation, 1898, or 'the rule' framed there-under, 'in other words can the state proceed to recover an amount due on account of non-payment ..... if the tenderer whose tender has been accepted fails to pay on due dates the security mentioned in rule 14 or to pay the instalments mentioned in rule 15, or to execute the agreement mentioned in rule 16, the settlement of the coupe or the mahal shall be liable to be cancelled and the coupe or the mahal may be resettled for the remaining part of the settlement period at ..... rule 14 of 'the rules' provides the manner of deposit of security ..... the risk of such tenderer as regards the loss to the government and if the proceeds on re-settlement are less than the value at which it was originally settled, the difference shall be realisable from him; and further, the earnest money and the security ..... first, the earnest money and the security money of the defaulter shall be forfeited, and secondly, in the event of re-sale, if the sale proceeds on resettlement are less than the value at which it .....
Tag this Judgment!Court : Guwahati
..... statement filed, it was contended by the ongc that regularisations of services in the ongc is governed by specific rules and regulation in force and the workmen concerned are not entitled to be regularised except in accordance with the rules and norms in force.elaborate oral and documentary evidence was laid before the learned industrial tribunal by the respective ..... district authorities with regard to their engagement in the ongc, the management in support of its case had exhibited the contract agreements executed between the ongc and contractors for supply of contract labour as well as the bills which were paid to such contractors for engagement of contract labour.the learned tribunal on a consideration of the oral and documentary evidence on record came to the finding that ..... the fact that the management had not examined any contractors to prove the engagement of the workmen concerned by such contractors as contract labour, as also the fact that the management had not exhibited any licence of the contractors to employ contract labour, came to the conclusion that all the workmen concerned were direct employees of the ongc and therefore, would be entitled ..... the ongc as contractors for providing security guards to guard the ongc properties and specific contract agreements were executed by and between the ..... workmen would not be conclusive of the issue inasmuch as subsequent thereto, agreements had been executed for engagement of contractors to provide security guards on contract basis. .....
Tag this Judgment!Court : Guwahati
..... it was the ongcs burden to prove that the contractors were licenced under section 12 of the abolition act and accordingly it is argued that the managements plea, in the absence of any evidence under rule 75 of the contract labour (regulation and abolition) central rules, 1971 of the workmen being deployed by the contractors, should not have been accepted by the industrial adjudicator. ..... pleaded that prohibitory notification under section 10 of the contract labour (regulation and abolition) act, 1970 (hereinafter referred to as the abolition act ) was not issued against the ongc and therefore their engagement of security guards through contractors was contended to be legally permissible ..... counsel submits that the concerned workmen were deployed since 1986/87 as security guards and it was a clear case of contract for service and since the management failed to adduce any evidence to prove that the security guards were engaged under a contract of service, the workmen should have been considered as direct employees under the ongc, as the concerned contractors were not produced by the management although they pleaded ..... consequent to discussions between the management, the affected families and the district authorities, the concerned workmen were engaged in 1986-87 as temporary security guards but when the management failed to regularize their temporary services, a demand was raised by the workmen and eventually the said demand after failure of conciliation, was referred for adjudication .....
Tag this Judgment!Court : Guwahati
..... . it noticed that the other requirements contained in the said rule apart from regulating the aspect of issuing registration mark with use of specification kinds of letters and numerals, sought to ensure the safety and security of the plate by regulating issuance and fixation thereof, at the premises of the regional transport officer (hereafter also referred to as the rto) of the area concerned ..... . not only the manufacturer should have a permanent technical partner to the venture to secure the technological support for the entire period of contract, it should also be in a position to upgrade, expand and excel on continuing and sustainable basis.82 ..... . while referring to the observation of ' the apex court in the aforementioned decision that greater latitude is required to be conceded to the state authorities in the matter of formulation of conditions of a tender document and awarding of contract for supply of hsrp, the respondents emphasized that the corrigenda neither debarred the petitioner from participating in the process, nor prejudiced it in any manner whatsoever ..... . it also took into account the fact that the terms of the tender prescribing the quantum of turnover of business in plates with a long term period of contract had been incorporated to ensure uninterrupted supply of plates to a large number existing vehicles within a period of 2 years and new vehicles for a long period in coming years .....
Tag this Judgment!Court : Guwahati
..... includes: transaction under under section 3a of the act where any transfer of property in goods either in the form of goods in original or in some other form involved in the execution of the works contract and also a transaction under section 2(g) of the act where any transfer of right to use any goods for any purpose (whether or not for specified period) for any valuable consideration ..... of the act makes the 'transfer of property in goods (either in the form of the goods in original or in some other form) involved in the execution of the works contract' chargeable at the rate specified under the schedule while the second proviso to section 3(1) of the act makes the consideration amount received or receivable for transferring the right to use ..... them also entered into separate agreement regulating the implementation of the terms of contract of supply of vehicles on the ..... of the act, tax at the rate of 4% of the consideration money is charged on such transaction and for the purpose of carrying out the objects of the charging section, the counter-affidavit contends, rule 3a(2) of the rules prescribes the mode for recovery of the sales tax and as such according to the counter affidavit, rule 3a(2) of the rules and the impugned memorandum are valid and require no interference in these writ petitions. 6. ..... draft/bank guarantee/cheque of any nationalised bank in favour of gas authority of india limited, agartaia towards security within 10 days of receipt of this letter. ..... respondent]; (2) air 1957 sc 657(a.v .....
Tag this Judgment!Court : Guwahati
..... 1153/- to the complainant - a sum which the complainant invested in securing labourers for the contract work undertaken by the petitioner; the accused admitted his liability in writing but left the place before paying the complainant's dues; the complainant then brought a suit against the petitioner for ..... time of the establishment of the assam high court the governor of assam exercised the powers of an appellate court as well as a court of revision under rule 16 of the naga hills administration of justice - except with regard to cases where sentence of death was passed by the deputy commissioner. ..... court has jurisdiction to interfere only in cases of a conviction by the deputy commissioner or his assistant or from an order of conviction passed by other competent courts in the naga hills set up under the naga hills regulation and that it has no jurisdiction to interfere at an earlier stage or quash criminal proceedings. ..... media's contention is that the power to quash a criminal proceeding is not mentioned in rule 16 or in any other rule framed for the administration of justice in the naga hills and that it was therefore not within the competence of the governor and now of the high court to pass an order quashing a complaint, ..... court exercising its powers of revision could not interfere with an order of acquittal passed by the political officer of sadiya frontier tract which was governed by the assam frontier tract (administration of justice) regulation, 1945 (regulation i of 1945). .....
Tag this Judgment!Court : Guwahati
..... cinemas (regulation) rules, 1972.shall not continue after 12.30 a.m.6.rajasthanrajasthan cinemas (regulation) rules, 1957.1.30 a.m.7.tamil-nadutamil nadu cinema (regulation) rules, 1957.not earlier than 12 midnight and not later than 1.30 a.m.8.west bengalwest bengal cinemas (regulation) of public exhibition rules, 1956.three shows between 2 p,m.and midnight." 8 ..... 1.30 a.m.2.gujaratgujarat cinema (regulation) rules, 1954.shall not continue after 1 a.m.3.karnatakakarnataka cinema (regulation) rules, 1971shall continue after such time not later then 1 a.m.4.keralakerala cinemas (regulation) rules, 1988licence premises shall not be kept open after 2 a.m ..... there is an act known as assam cinema (regulation) act, 1953 and the rules have been framed thereunder being assam cinema (regulation) rules, 1960 (hereinafter called the act and the rules for the sake of brevity). ..... 20 of the schedule of assam cinemas (regulation) rules, 1960 as amended quoted above shall be deemed to be illegal and void. ..... this civil rule has been filed challenging the constitutional validity of schedule of conditions and restrictions of the assam cinema (regulation) rules, 1960 and the amendment made thereto as circulated vide notification dt ..... of the schedule of conditions and restrictions attached to the licence issued under assam cinema (regulation) rules, 1960.' 5. ..... under the said section, the rule making authority is to make rules for 'the regulation of the cinematograph exhibition for securing public safety'. 3. .....
Tag this Judgment!Court : Guwahati
..... or such less period as the government may allow in any particular case, has elapsed since his release, or (c) has violated any provision of any act, regulation or rule made by the state or any district council, or as a defaulter in the payment of any tax or revenue of the state or any district council, or (d) has been debarred from taking up any business transaction or contract work by any government, or any company or corporation, owned, controlled or managed by any government. ..... the subsequent act made by the state of meghalaya shall apply and thus the whole matter has now become academic as under the rule 5 of the meghalaya forest (removal of timber) (regulation) rules, 1982 without issue of licences by the authority, hut net timber can be removed outside the state of meghalaya, rule 3 of the aforesaid rules is quoted below : '3, application for licences -- (i) application for removal of timbers outside the state shall be submitted in form ..... it is further contended that under the provisions of rule 5 of the meghalaya forests (removal of timber regulation rules 1982, removal of timber of certain siz;s outside the state ..... similar act including the act with which we are concerned in the present case, the scope of enquiry or scrutiny can only be to a limited extent because such acts exist for maintaining, increasing or securing supplies of essential articles and for arranging equitable distribution and availability thereof at fair prices to the common man under emergent situations. .....
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