Judgment Search Results Home > Cases Phrase: stage carriages act 1861 Court: guwahati Page 14 of about 2,721 results (0.078 seconds)

Tripura Rajya Nath Kalyan Samity and ors. Vs. Union of India (Uoi) and ...

Court : Guwahati

Reported in : AIR2009Gau142

..... section 7 which is somewhat en-abhng provisions to issue certificatory notifications are reproduced below:2(d) central educational institutions' means(i) a university established or incorporated by or under a central act,(ii) an institution of national importance set up by an act of parliament;(iii) an institution, declared as a deemed university under section 3 of the university grants commission act, 1956, and maintained by or receiving aid from the central government;(iv) an institution maintained by or receiving aid from the central government, whether directly or indirectly, and ..... tripura tribal areas autonomous district council and although the institution falls under an area which is covered by 6th schedule of the constitution, the reservation restriction regarding applicability of the reservation act as per section 4 would not be applicable to the nit, agartala since it was established before formation of the district council in the state of tripura. ..... confined to national institute of technology (for short 'nit'), agartala which is a cei within the meaning of section 2(d) of the reservation act, and situated within tribal area referred to in 6th schedule of the constitution, since the said nit is not extending reservation facility to obc ..... at this stage itself we make it clear that the writ petitioners have not challenged the legality or vires of section 4 of the reservation act which has excluded the benefit of reservation of seats for sc, st and obc students in the cei .....

Rosemary Dzuvichu and Another Vs. the State of Nagaland and Others

Court : Guwahati

..... have the potential to create tensions and undesirable situations in the state, and further as the committee of secretaries appointed to look into the short-comings of the present municipal act, and to suggest remedial measures, is yet to submit its report to the government, the cabinet decided to postpone indefinitely the municipal and town council elections due in january ..... . it would be appropriate to note that article 371a provides special provision with respect to the state of nagaland to the effect, amongst others, that notwithstanding anything in the constitution, no act of parliament in respect of (i) religious or social practice of the nagas, (ii) naga customary law and procedure, (iii) administration of civil and criminal justice involving the decisions according to naga ..... case projected by the petitioners in the writ petition is that though the constitution and the nagaland municipal act, 2001, for short, the act, require elections to be held to the municipal councils and town councils with one-third reservation for women ..... on 16-11-2009, a notification was issued by the secretary to the government of nagaland, urban development department, in pursuance of section 23a of the amendment act of 2006, reserving the number of wards for scheduled castes, scheduled tribes and women in the 3 municipal councils and 16 town councils in the state ..... such consultative meetings, it was considered that if elections were to be held at that stage, it may lead to unpleasant situation. 6. .....

Mohet Hojai, Assam Vs. The Union of India, Represented by the Secretar ...

Court : Guwahati

..... before the learned special judge, cbi was that in view of the provision of above referred section 19 of the nia act, there cannot be two parallel proceedings and consequently the cbi case should be kept in abeyance till final disposal of ..... according to the petitioner, during the course of the cbi court trial, he could discover that as per the provisions of section 14 of the nia act, 2008, there cannot be two parallel proceedings, one in the nia special court and the other in the cbi special court, having regard to the ..... in the impugned order dated 22.10.2013, the learned special judge, cbi referring to the relevant provisions of nia act, 2008 including the provisions of sections 14 and 19, has held thus:- having heard ld advocates for both sides i cannot but agree with ld pp since it is specifically provided in s-19 of nia act that the trial of a case under nia to be tried on day to day basis on all working ..... sharma, learned counsel for the petitioner has made his submissions in reference to sections 14 and 19 of the nia act, so as to contend that in view of the pendency of the proceeding before the nia special court, the proceeding in the cbi court is required to be kept in abeyance till a ..... assam handed over the investigation of the case to cbi by issuing necessary notification etc extending the powers and jurisdiction of the delhi special police establishment act to the dima hasao autonomous district council, thereby empowering the cbi to take up the investigation of the case. .....

Manager, Hukanpukhuri Tea Estate, Assam Vs. State of Assam and Others

Court : Guwahati

..... right to adduce evidence to justify its domestic inquiry only if it had reserved its right to do so in the objection filed to the reference made under section 10 of the industrial disputes act, 1947 or in the application made by it under section 33 of the said act, meaning thereby that the management had to exercise its right of leading fresh evidence at the first available opportunity and not at any time thereafter during the proceedings before the ..... management chooses to exercise its right, it must make up its mind at the earliest stage and file the application for that purpose without any unreasonable delay. ..... request was not made at the initial stage, it cannot be allowed to do so at any later stage of the proceeding by filing application which would inevitably delay adjudication of the proceeding thereby frustrating the very purpose and object of the industrial disputes act, 1947. 29. ..... but when the question arises in a reference under section 10 of the act after the workman had been punished pursuant to a finding of guilt recorded against him in the domestic enquiry, there is no question of the management filing any application for permission to lead further evidence in support ..... passage is the application which may be filed by the management during the pendency of its application made before the labour court or industrial tribunal seeking its permission under section 33 of the industrial disputes act, 1947 to take a certain action or grant approval of the action taken by it. .....

Chandra Mohan Shukla Vs. State of Assam and anr.

Court : Guwahati

..... the complainant and the witnesses, and also by the magistrate:provided that when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses-(a) if a public servant acting or purporting to act in the discharge of his official duties 01 a court has made the complain, or(b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192:provided ..... . these provisions leave no room for doubt that even at the stage of investigation, when a person, subject to the army act, is brought before a magistrate with the accusation of having committed an offence for which the accused is liable to be tried by a criminal court and also by a court-martial, the military authority ..... and also the correctness of the rival submissions made before me on behalf of the parties, the provisions of the army act, 1950 (in short, 'the army act') and the army rules, 1954 (in short, 'the army rules') vis-a-vis the provisions contained in the code of criminal procedure (in short, 'the code') relating to investigation and enquiry leading up to the stage of putting an accused, on trial, need to be carefully noted. ..... that the army authorities were competent under the law to seek transfer of the said case for trial of the accused-petitioner under the provisions of the army act inasmuch as the army authorities were competent to take over a case pending against an army personnel even when the cast' is at the stage of investigation by police. .....

Rock International Vs. State of Assam and ors.

Court : Guwahati

..... in some of the cases under consideration while the petitioners had approached the court at a stage when such deduction of taxes at source were contemplated, in the other writ petitions, the approach to the court has been ..... being interfered, with the further direction for refund of tax where the same has been deducted from the bills of the petitioners, by following the provisions laid down in the act of 1993.all the writ petitions are allowed in the light of the above directions. ..... fact that it is the admitted case of the state that even if the contract between the parties is considered to be works contracts, the supply of boulders would stand excluded from the purview of the act of 1993, which is the eventual relief that has been prayed for by the petitioners.8. ..... of the aforesaid action on the part of the railways and the eligibility of the aforesaid transactions of sale to the provisions of the assam general sales tax act, 1993 that is the subject-matter of consideration by the court in the present cases.3. ..... state of orissa it was observed that so far as section 3(a) of the cst act is concerned, there is no distinction between unascertained or future goods and goods which are already in existence, if at the time when the sale takes place ..... by virtue of the provisions contained in section 3 of the central sales tax act, 1956, a sale or purchase of goods must be deemed to have taken place in the course of inter-state trade or commerce if such sale or purchase occasions the movement of .....

Shybun Lyngdoh Vs. State of Assam and ors.

Court : Guwahati

..... reading of the above observations made in sale-mfort khonglah [2007] 7 vst 38 (gauhati), what clearly emerges is that though no specific or express provision in sub-section (4) of section 76 of the said act has been made necessitating communication of reasons to the concerned person as to why security is being insisted upon, it is nevertheless imperative that the reasons for demanding security be made known, at the check gate itself ..... pointed out above, it becomes transparent that no demand for security can be raised except for reasons as are mentioned in sub-section (4) of section 76 of the said act and such demand, if raised, shall be accompanied by communication of reason for raising such a demand howsoever briefly recorded the reasons may be.13. ..... shall not be allowed to cross the barrier of the check gate, at jagiroad, without payment of security, this court, at this stage, does not deem it proper to express any definite opinion on the correctness or veracity of the allegation, so made, by the petitioner ..... communication of the reasons to the concerned person as to why security is being insisted upon will ensure fairness ; act as a check against arbitrariness ; promote good administration and also further the constitutional scheme envisaged by part xiii of ..... it must also be noticed at this stage that there is no power vested in any authority by the act, as none can be to levy any tax on the ..... at this stage it must also be noticed that there is a power vested by the act in the .....

Bank of Baroda Vs. Santi Construction and ors.

Court : Guwahati

..... as per the provisions of order 17, rule 1 c.p.c, the court may, if sufficient case is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing, provided that no such adjournment shall be granted more than 3 ..... that the petitioner respectfully states and submits that in view of the failure of the petitioner to perform an act necessary for the further progress of the suit for which time was granted although the petitioner was represented in the case, the learned court below ought to have resorted to the provisions of order 17, rule 3(a) in ..... it is in this context, the observations made by the apex court in salem advocates bar association's case and the distinction between the words 'at any stage of the suit' and during hearing of the suit' appearing in order 17, rule 1 c.p.c. ..... the humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justiciae where the tragic sequel otherwise would be wholly inequitable. ..... in the instant case, when the impugned order was passed on 30.07.2004, the suit was at the stage of cross-examination of p.w. ..... provides for granting adjournment upon showing sufficient cause, at any stage of the suit. ..... 1 is the partnership firm registered under the partnership act, 1932 with the respondents nos. .....

Baishya Brothers Pvt. Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

..... counsel appearing on behalf of the respondents submitted that the respondent-corporation was fully alive of its rights and duties and all throughout acted justly and fairly but the petitioner company did not come forward to avail the opportunity provided to it. mr. ..... advocate general of meghalaya appearing on behalf of the petitioner submitted that the petitioner company is a state within the meaning of article 12 and the act not only arm the respondents with power but it also entrust them with duties and responsibilities. ..... respondents further stated that sri ajit pathak an officer of the corporation purportedly who allegedly acted as an attesting witness in the memo of agreement made in his own accord and capacity and not under the ..... counsel is right in his arguments that the wide power is conferred in such institutions to accomplish the purposes of the act for the general benefit and therefore, which he insists for a meaningful approach. ..... making the payment, the petitioner approached the then chief minister of assam imploring for a direction on the corporation not to act upon the notice and provide 5 to 6 months time for repayment of the loan. ..... from their stand and issued a notice on 18-10-1997 to the petitioner under section 29 of the state financial corporation act, 1951 and threatened to take over the project of the petitioner.3. ..... at all relevant stages the petitioner company went through financial crises and to overcome the situation the petitioner company submitted its offer .....

Thokchom Ningol Heisnam Ongbi Bhani Devi W/O H. Baruniton Singh Vs. H. ...

Court : Guwahati

..... where therefore divorce is easy and could be obtained at the volition of either party by custom without having recourse to courts and such customary divorce is saved by section 29(2) of the hindu marriage act and the offence under section 494 is committed due to omission on the part of the husband to get the dissolution of his marriage, we have to treat the offence as more or less a technical one and serious punishment as ..... again, the fact that the custom of plural marriage was prevalent in manipur is no excuse.when such an enactment like the hindu marriage act comes into force in manipur where plural marriage was quite common before that, it cannot be said that local people could have been ignorant of the new law, as it interfered with their age- ..... 494 cannot be given by a court for a conviction under section 494.section 494 is based more or less on the english law of bigamy and under the english law and also under the hindu marriage act, divorce is not very easy and can be obtained only through courts for valid reasons. ..... pendency of the criminal case baruniton singh filed an application before my learned predecessor for quashing the proceedings on the ground that the hindu marriage act, which by section 17 made such a marriage amount to bigamy and punishable under section 494, i.p.c. ..... no doubt that section 562 was wrongly applied by the magistrate and by the sessions judge, i have therefore to act under sub-section (3) of section 562 and pass sentence on baruniton singh.17. .....