Judgment Search Results Home > Cases Phrase: stage carriages act 1861 section 1 definition of stage carriage Court: guwahati Page 1 of about 3 results (0.044 seconds)

T. Chubatemsu Kichu and ors. Vs. State of Nagaland and ors.

Court : Guwahati

..... as already indicated hereinabove, since the definitions of 'contract carriage' and 'stage carriage' have, under mv act, 1988, remained substantially the same as in the act of 1939, it follows that the distinction pointed out in roshan lal gautham (supra) still holds ..... while the section 2(40) of the mv act, 1988, defines 'stage carriage', it was section 2(29) of the mv act of 1939, which defined 'stage carriage'. ..... to 'stage carriage', it may be noted that under section 2(40) of the mv act, 1988, 'stage carriage' means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the ..... as already indicated hereinabove, even a passenger cannot be directed to purchase tickets from any particular agent or canvasser appointed under section 93 of the mv act, 1988, for, there is nothing in the mv act, 1988, which stops a person from travelling in a 'stage carriage' in terms of the contract, which he directly enters into with the permit holder of the 'contract carriage'. ..... at the same time, the provisions of section 93 do not prohibit the holders of 'contract carriage' permit from entering into contract directly with any passenger and carrying him to any destination as per the contract, which the 'stage carriage' enters into with its passenger, the only limitation being that such carriage cannot pick up passenger en route between two points .....

All Bengal Transport Agency and ors. Vs. Hare Krishna Banik

Court : Guwahati

..... between the carrier and the consignor and consignee, are governed by the aforesaid act, because of which the relationship between the parties cannot be regarded as contractual it has been stated in the judgment that a term like the one at hand can be understood in a bigger contract, but ..... rendering by a learned single judge of madras high court, a view has been taken that the ratio of hakam singh (air 1971 sc 740) does not apply to cases under the carriers act, as that case dealt with mutual rights and obligations arising only out of contract (an arbitration clause in a construction contract), whereas the obligation of a common carrier, as well as the inter-relationship ..... learned advocate-general submits, by referring to hakam singh, that as such an agreement has not only been held as not violative of section 28 of the contract act, but as binding between the parties, there is no escape from the conclusion that the two suits could not have been filed anywhere else than the appropriate court in malda, ..... court should deal with the dispute is definitely a matter of form, an aspect ..... first, section 23 deals with lawfulness or otherwise of consideration and objects of an agreement, none of which can be said to be unlawful qua the agreement at hand, as its object is the carriage of goods by one party, and consideration is the freight paid, or .....

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... in this behalf by the board, in consequence of information in his possession, has reason to believe that--(a) any person to whom a summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause to be ..... valuable article or thing ;(iib) require any person who is found to be in possession or control of any books of account or other documents maintained in the form of electronic record as defined in clause (t) of sub-section (1) of section 2 of the information technology act, 2000 (21 of 2000), to afford the authorised officer the necessary facility to inspect such books of account or other documents ;(iii) seize any such books of account, other documents, money, bullion, jewellery or other valuable ..... cit : [1967]63itr219(sc) , the apex court, while examining the proceedings under section 34 of the indian income-tax act, 1922, held that the stage of the proceeding for recording of reasons by the income-tax officer and obtaining of sanction of the commissioner are ..... his possession' occurring in section 132(1), should be construed as some definite information in the possession of the authority/authorities specified in section 132(1) and not .....

M.S. Associates Vs. Uoi

Court : Guwahati

..... in this behalf by the board, in consequence of information in his possession, has reason to believe that-(a) any person to whom a summons under sub-section (1) of section 37 of the indian income tax act, 1922 (11 of 1922), or under subsection (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian income tax act, 1922, or under subsection (1) of section 142 of this act was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause to be ..... valuable article or thing;(iib) require any person who is found to be in possession or control of any books of account or other documents maintained in the form of electronic record as defined in clause (t) of sub-section (1) of section 2 of the information technology act, 2000 (21 of 2000), to afford the authorised officer the necessary facility to inspect such books of account or other documents;(iii) seize any such books of account, other documents, money, bullion, jewellery or other valuable ..... cit : [1967]63itr219(sc) , the apex court, while examining the proceedings under section 34 of the indian income-tax act, 1922, held that the stage of the proceeding for recording of reasons by the ito and obtaining of sanction of the commissioner are administrative ..... his possession' occurring in section 132(1), should be construed as some definite information in the possession of the authority/ authorities specified in section 132(1) and not any .....

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

Reported in : (2005)196CTR(Gau)318,[2005]275ITR502(Gauhati)

..... in this behalf by the board, in consequence of information in his possession, has reason to believe that--(a) any person to whom a summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books of account or other documents has omitted or failed to produce, or cause to be ..... valuable article or thing ;(iib) require any person who is found to be in possession or control of any books of account or other documents maintained in the form of electronic record as defined in clause (t) of sub-section (1) of section 2 of the information technology act, 2000 (21 of 2000), to afford the authorised officer the necessary facility to inspect such books of account or other documents ;(iii) seize any such books of account, other documents, money, bullion, jewellery or other valuable ..... cit : [1967]63itr219(sc) , the apex court, while examining the proceedings under section 34 of the indian income-tax act, 1922, held that the stage of the proceeding for recording of reasons by the income-tax officer and obtaining of sanction of the commissioner are ..... his possession' occurring in section 132(1), should be construed as some definite information in the possession of the authority/authorities specified in section 132(1) and not .....

Anupam Chakraborty Vs. State of Assam

Court : Guwahati

..... of session takes cognizance of the offence and not of the accused and once the sessions court, is properly seized of the case as a result of the committal order against some accused the power under section 319(1) can come into play and such court can add any person, not an accused before it, as an accused and direct him to be tried along with the other accused for the offence which such ..... on the facts of the case, earlier in the judgment, it was observed that the impugned order was 'presumably'' passed under section 319, whether and how the court shall act in such matters at an earlier stage of the proceeding was not a question agitated before the court and therefore no view thereon was expressed either. ..... sen has drawn my attention to the definition of the term 'evidence' in section 3 of the evidence act and it is his contention that 'documents' alluded to in clause (2) of the said provision should be read as document which are ..... which it was held that section 3 of the evidence act does not enable a court to take into consideration matters, including statements whose use is statutorily barred, in view of the definition therein of the term 'proved' ..... sen contends rightly in my opinion, that clauses (1) and (2) of the said definition clause should be read together and such documents as are produced and as are proved by the witnesses in the court could only be regarded as ..... sen on this aspect of the matter based on the definition of the term 'evidence' has already been accepted by me as .....

Mes Builders Association of India Vs. Union of India (Uoi) and ors.

Court : Guwahati

Reported in : (2009)25VST140(Gauhati)

..... : [1993] 88 stc 204 : [1993] 1 scc 364, the apex court, after discussing the scope and ambit of the legislative power of the state under entry 54 of the state list, the definition of 'sale' in the context of transfer of property in goods involved in the execution of works contract, the permissible measure of tax and the rate of levy, laid down at paragraph 51 the following principles ..... the stage of the producer, at the stage of the wholesaler, at the stage of retailer and at the stage of sub-retailer; that section 11 of the act allows a set-off against the tax already suffered at the previous point of sale in the form of input-tax credit and this facility is available to all dealers registered under vat at the time of submission of return/assessment, and the petitioner could have very well taken recourse to the provision under section 11 of the act irrespective ..... while upholding the constitutional validity of this provision, the apex court, inter alia, held at para 32 thus:.the object of the new definition introduced in clause (29a) of article 366 of the constitution is, therefore, to enlarge the scope of 'tax on sale or purchase of goods' wherever it occurs in the constitution so that it may include within its scope the transfer, delivery ..... though the extended definition of the term 'sale' in article 366(29a)(b) of the constitution takes within its sweep the supply of goods or transfer of property in goods involved in the execution of a works contract, it does not confer any power .....

Miss Lumbini Baruah Vs. Cotton College, Guwahati and ors.

Court : Guwahati

..... the indian law, particularly, the evidence act also recognises the aforesaid maxim in the illustrations given in (c) and (f) of section 114 of the indian evidence act; as follows: '(e) that judicial and official acts have been regularly performed;(f) that the common course of business has been followed in particular cases;'in sri ..... 'even otherwise the authorities had at different stages by different people passed the case of the petitioner and allowed her to be admitted and pursue her course about a year and cannot now come around and say that the act was performed wrongly and the maxim nullus commodum capere protect de injuria sua ..... her into the college, the authority followed the procedure, scrutinised her case at different stages, and thereafter only she was admitted into the college. ..... i emphatically assert that matter would not have come to this stage, if she had submitted the medical certificate in original as directed by the then dean in the ..... states that the officers at this stage cannot be punished without giving them ..... in addition to the aforesaid verbal complaint the respondent also acted upon 'because of certain complaints and of a news item published in weekly news paper, namely, 'asom bani' which pursuaded them to refuse the two students from attending ..... when the matter rested at that stage the college authority received some complaints, and those complaints are referred to ..... under the present circumstances that stage has not come as yet to provide her any opportunity to .....

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

Court : Guwahati

..... why crpf cannot be deployed is set out at page 536 in para 88 of air 1983 delhi 513 showing 'the assam legislature legislating for assam rifles and the words which in sections 4 and 5 of the assam act we have held to be beyond the legislative competence of the assam legislature' and accordingly the words have been deleted.63. ..... on such a declaration a havildar of armed branch of the police of the state is empowered to fire upon for maintaining public order if any person is found acting in contravention of any law or order with respect of prohibition of assembly of persons or carried weapons or fire-arms, ammunition and explosive substance in contravention of ..... from what has been stated above, we direct as follows: (i) the notification dated november 27, 1990 issued under the act 1958 and the notification dated december 7, 1990 issued under 1955 act shall apply only in respect of the districts of dibrugarh, tinsukia, sib-sagar, jorhat, nagaon, dhemaji, lakhimpur, sonitpur, darrang, nalbari and barpeta and also the city of guwahati and shall not apply in the ..... five rights are given a go by when an army official exercises power under section 4 read with section 5 of the act and it is urged citizens do not complain out of fear.44. ..... two acts were held not ultra vires of the constitution, therefore it is not necessary to refer the cases to a larger bench at this stage.19. ..... so great that the thin distinction between ulfa, aasu and agp which existed at some stage, stands totally obliterated. .....

Dhanani Shoes Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... show that seizure of the goods had been made due to the alleged misclassification of goods, which could not have been a valid reason for making the seizure under section 74(5)(a)(ii) of the act, the respondents sought to sustain the seizure, in the writ petition, by contending that since the seized goods were not tallying with the invoices produced, implication was ..... is the complete absence of entry and not mere absence of proper or due or valid entry, which can become the foundation for seizure of goods, gets strengthened, when one comes to clause (b) of sub-section (5) of section 74, for clause (b) requires the seizing authority to give a notice to show cause as to why penalty, as perceived in clause (b), shall not be imposed on the dealer 'for the dealer's default ..... this court also owes a duty to the parties concerned to clarify that the seizure of the goods had definitely not been sought to be sustained by the respondents, during the course of hearing of the said writ petition, on the ground that the goods, ..... should be the sale price for the purpose of assessment of tax is a question that must be understood to have been relegated by the statute to the stage of final assessment, a conclusion that appears to be fortified by the provisions contained in the proviso to section 2(34)(d) of the act.78. ..... of order 47, rule 1 of our code of civil procedure, 1908, the court of review has only a limited jurisdiction circumscribed by the definitive limits fixed by the language used therein. .....