Court : Guwahati
..... to him, statute has laid down a procedure under section 16 for obtaining possession by a purchaser in an auction sale under the 1960 act, and so the possession claimed to have been obtained by the plaintiff without complying with such procedure was not a valid one. ..... the absence of any evidence to that effect, the sale deed registered on 15.06.1999 comes under the mischief of section 47 of the registration act, 1908 and consequently by operation of section 49 of the registration act, 1908, the sale deed registered on 15.06.1999 normally cannot confer any title to the purchaser. ..... dhar further argues that whether or not possession was given by following the procedure under section 16 of the act, facts remains that the plaintiff is in possession of the suit land and so the procedure as to how the possession has been handed over to the plaintiff cannot come for adjudication in the present ..... be that as it may, such a revelation having been made at the second appellate stage, on the absence of any pleadings or evidence to that effect, the same is kept out of consideration for the time being. ..... it is provided therein that subject to provision contained in sections 24, 25 and 26 of the registration act, 1908, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within 4 months from the date of its ..... at this stage, plaintiff rushed to the civil court and instituted two different suits, being title suit ..... at this stage, mr .....
Tag this Judgment!Court : Guwahati
..... , therefore, submits that on the proven facts indicated above, the resignation theory floated by the respondent authorities is a cock and bull story, and the speaker has acted with mala fide and contrary to law in accepting such resignations which have no existence in the eye of law. ..... is a rebuttable presumption, but then the onus of proving that the official act in question is not regular is upon the petitioner. ..... always presumption of regularity of an official act, the higher the official, the higher ..... such allegations cannot be acted without making the chief minster personally as the party-respondent: the writ petition thus suffers from the vice of non-joinder of necessary parties and is, ipso facto, liable to dismissed ..... circumvent this clause relating to the need for inquiry, they take resort to the curious stance that this clause is void being inconsistent with article 190(3)(b) of the constitution and need not be acted upon, which is impermissible. ..... an obligation to make inquiry to satisfy himself that their resignations were voluntary and genuine and having failed to do so, their resignation letters were null and void, which should not have been acted upon by the speaker. ..... 114(e) of the evidence act, 1872 declare that there is always presumption of regularity of an official act. ..... the letter of resignation must proceed from the member and that the resignation must relate to the membership held by the person who sends the same, and it must be the result of a voluntary act of his. .....
Tag this Judgment!Court : Guwahati
..... as the learned tribunal is vested with the duty and jurisdiction to assess a just compensation under the provisions of the motor vehicles act, 1988 it is necessary to examine whether the quantum of compensation assessed by the learned tribunal is correct. ..... 1) this appeal under section 173 of the motor vehicles act, 1988 is filed by national insurance company(nic) challenging the judgment and award dated 29th may, 2007 passed by the learned motor accident claims tribunal at sonitpur in mac case 334/2001 directing the insurance ..... it is further pleaded that the opposite party 3 is not liable to make ad interim payment under section 140 of the motor vehicle act, 1988. .....
Tag this Judgment!Court : Guwahati
..... the delinquent to comply with the transfer order and his absence from duty for long 4 years was found to be an act of gross indiscipline and accordingly the charges were held to have been established through the enquiry report given on 21.4.2003 ( ..... management terminated the settlement on 16.5.1998 (exhibit-d) through due notice, under sub-section (2) of section 19 of the id act and that is how the management took the stand that the petitioner is not protected from transfer, under the terminated settlement of ..... dispute against the dismissal order, the central government referred the matter for adjudication under section 10 of the id act on the following issue: whether the action of the management of oil india ltd. ..... settlement of 7.8.1990 (exhibit-b) was legally terminated by the management by issuing due notice under section 19(2) of the id act and accordingly the court declined to interfere with the transfer order. ..... the resultant reference under section 10 of the industrial disputes act, 1947 (hereinafter referred to as the id act ) was answered against the delinquent through the award dated 18.3.2008 (annexure-7) rendered by the central government industrial tribunal and all these decisions are challenged ..... at that stage, the employee filed the civil rule no.4406/98 to challenge ..... petitioner submits that the management should have considered the clerical staff s representation for preferred posting, even if the agreed settlement was terminated under section 19(2) of the id act. 12. .....
Tag this Judgment!Court : Guwahati
..... he submits that the compensation fell due on the date of adjudication only and so even under the provision of section 4a of the act, appellant was entitled to make payment of the amount within a period of 30 days from the date of adjudication which is the date of the compensation ..... allianz general insurance company limited, as appellant, has preferred this appeal under section 30 of the workmen s compensation act, 1923 (now renamed as employees compensation act, 1923 and hereinafter referred to as the act ) challenging the award dated 29.10.2007 passed by the commissioner, workmen s compensation at kamrup in w.c. ..... in this respect on the basis of the material available on record can be that the claimant was physically disabled within the meaning of section 4(1)(d) of the act for a period of 3 years from the date of accident and till the date of adjudication. ..... of cross examination, the doctor admitted that he did not keep in mind the provisions of the act either while issuing the certificate or while making assessment of the loss of earning capacity. 6. ..... the words as soon as it falls due occurring under section 4a of the act insofar as it relates to scheduled injuries under part i and part ii to the schedule of the act would be the date of the disablement and so in that event, the employer would be liable to make payment on ..... the words as soon as it falls due in the context of section 4(1)(a) of the act, therefore, would refer to the date of death of the workman if the death arises .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Guwahati
..... (3) whether, the liability to pay interest over the awarded sum not being a statutory liability of the insurer under section 4a(3) of the workmen s compensation act,1923, the commissioner below had acted legally and justifiably in directing the appellant to pay interest over the amount of compensation awarded by him? 5. ..... admitting the appeal on 26.7.2006 framed the following three substantial question of law: (1) whether the claimant not having suffered any permanent partial disablement within the meaning of the expression as used in the workmen s compensation act, 1923 and in the absence of any finding reached in that regard in accordance with law, the commissioner below had acted legally in computing the quantum of compensation as per the provision of section 4(1) and not 4(1) (d) of the workmen s compensation ..... but by the impugned judgment and award, the wc commissioner without taking into consideration the provision of section-4 a of the act allowed interest at 12% from the date of the accident which according to the learned counsel is not permissible. ..... in this appeal under section 30 of the workmen s compensation act, 1923 (now designated as employees compensation act, 1923 and hereinafter referred to as act), the united india insurance company ltd. .....
Tag this Judgment!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 ..... supra), this court is not inclined to invoke its writ jurisdiction under article 226 of the constitution of india at this stage with regard to the decision of the learned labour court on the preliminary issue when the reference is yet to be ..... of assam in the labour and employment department, issued notification dated 01.04.2010, under section 10 (1) of the industrial disputes act, 1947 making a reference to the labour court for adjudication of the following issues: - i) whether the management of pertabghur tea estate was justified in dismissing the services of ..... learned labour court being wholly unsustainable, the same is required to be interfered with at this stage itself, as any further prolongation of the reference proceeding would be a waste of judicial time ..... 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. .....
Tag this Judgment!Court : Guwahati
..... when a disciplinary proceeding is drawn up against an employee, the standard of proof is preponderance of probabilities and some relevant material to justify the conclusion reached by the enquiry officer and the writ court is not expected to act as an appellate authority to judge the merit of the conclusion reached by the enquiry officer. ..... accordingly a reference was drawn up under section 10 of the industrial disputes act on the legality of the dismissal order and the matter was referred for consideration of the learned industrial tribunal at dibrugarh. .....
Tag this Judgment!Court : Guwahati
..... is, however, an exception to the said general proposition, in as much as, the writ of certiorari can be issued and the decision of a tribunal on a finding of fact can be interfered with, if in recording such a finding the tribunal has acted on evidence which is legally inadmissible or has refused to admit admissible evidence or if the finding is not supported by any evidence at all, because in such cases such error would amount to an error of law apparent on the face of the record. ..... the writ of certiorari can be issued for correcting errors of jurisdiction, as and when the inferior court or tribunal acts without jurisdiction or in excess of it, or fails to exercise it or if such court or tribunal acts illegally in exercise of its undoubted jurisdiction, or when it decides without giving an opportunity to the parties to be heard or violates the principles of natural ..... a writ can also be issued when there is an error in jurisdiction or authority whose order is to be reviewed has acted without jurisdiction or in excess of its jurisdiction or has failed to exercise the jurisdiction vested in him by law. 12. ..... must be an error apparent on the face of the record, as the high court acts merely in a supervisory capacity and not as the appellate authority. ..... the tribunal constituted under the 1946 act read with the 1964 order, as noticed above, is required to discharge the quasi-judicial ..... having not been produced and marked as required under the evidence act cannot be relied upon by the curt. .....
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