Judgment Search Results Home > Cases Phrase: state of arunachal pradesh act 1986 section 47 power to construe laws Page 1 of about 385 results (0.186 seconds)

Armed Forces Ex-Officers Multi-Service Co-op. Society Ltd. and Ors. Vs ...

Court : Mumbai

Reported in : (1999)IIILLJ1369Bom

..... petitioner-society as arrears of land revenue, as provided in section 45-b of the employees' state insurance act, 1948 (hereinafter referred to as act of 1948) r/w section 5 of the revenue recovery act, 1890. ..... the expression in connection with the work, appearing in the first limb of the sub-section (9) of the section 2 of the act of 1948, is wide enough to rope in persons who are engaged in work which is merely ancillary, incidental or relevant to or linked with the object ..... fall within the ambit of sub-clause 9 of the section 2 of the act of 1948 and therefore, sub-section (22) of the section 2 of the act of 1948 comes into play. ..... 1-society, honorarium can bepaid to the working members, as per section 65(2) of the maharashtra co-operative societies act.in order to support his submission, learned counselfor the petitioners drew our attention to the casedecided by the division bench reported in ..... by the way, the petitioners have also brought to the notice of the director general, employees' state insurance corporation, new delhi, that statutory auditor of the co-operative department of the government of maharashtra, who audited the accounts of ..... the law courts would be loath to interpret or construe the section in ..... the features pointed out above we are inclined to confer with the decision, of the division bench of andhra pradesh reported in the case of employees state insurance corporation, hyderabad v. ..... period from april, 1978 to june, 1986, together with interest, amounting to ..... 1986 .....

Akshay Automobiles Vs. Union of India (Uoi) and ors.

Court : Guwahati

Reported in : AIR2003Gau162,(2004)2GLR187

..... was further argued that the first appellate court accordingly misconstrued the provision of section 34 of state of arunachal pradesh act, 1986. ..... the court overlooked the provision of section 34(4) of the arunachal pradesh act and wrongly gave stress on sub-section 34(1), (2) and (3) of the said act.6. ..... and 4 being part and parcel of union of india had no connection with the erstwhile union territory of arunachal pradesh nor the subsequent state of arunachal pradesh which came into existence with effect from 20-2-1987 vide notification no. s.o. ..... is no cross-objection and this appeal is presented with the limited prayer for challenging the remand order passed by the first appellate court directing fresh trial and amendment of the plaint by impleading state of arunachal pradesh as a party. ..... is chief secretary, arunachal pradesh, itanagar. ..... joirampur, arunachal pradesh, plaqed his vehicle art-750 at the workshop of the appellant/plaintiff for replacement of parts and repairs vide order dated ..... xxx xxx xxx(4) the provisions of this section shall not apply to, or in relation to,-- (a) any institution, undertaking or project the expenditure in relation to which is, immediately before the appointed day, met from and out of the consolidated fund of india;' thus, the finding of ..... thereafter notice under section 80(1) of cpc was served but no payment being made finally this suit for recovery ..... the relevant portion of law which was relied upon by the appellant/plaintiff goes as follows :--'assets and .....

Akshay Automobiles Vs. Union of India (Uoi) and ors.

Court : Guwahati

Reported in : AIR2003Gau162; (2004)2GLR187

..... was further argued that the first appellate court accordingly misconstrued the provision of section 34 of state of arunachal pradesh act, 1986. ..... the court overlooked the provision of section 34(4) of the arunachal pradesh act and wrongly gave stress on sub-section 34(1), (2) and (3) of the said act.6. ..... and 4 being part and parcel of union of india had no connection with the erstwhile union territory of arunachal pradesh nor the subsequent state of arunachal pradesh which came into existence with effect from 20-2-1987 vide notification no. s.o. ..... is no cross-objection and this appeal is presented with the limited prayer for challenging the remand order passed by the first appellate court directing fresh trial and amendment of the plaint by impleading state of arunachal pradesh as a party. ..... is chief secretary, arunachal pradesh, itanagar. ..... joirampur, arunachal pradesh, plaqed his vehicle art-750 at the workshop of the appellant/plaintiff for replacement of parts and repairs vide order dated ..... xxx xxx xxx(4) the provisions of this section shall not apply to, or in relation to,--(a) any institution, undertaking or project the expenditure in relation to which is, immediately before the appointed day, met from and out of the consolidated fund of india;"thus, the finding of ..... thereafter notice under section 80(1) of cpc was served but no payment being made finally this suit for recovery ..... the relevant portion of law which was relied upon by the appellant/plaintiff goes as follows :--"assets and .....

N.V. Marketing Pvt. Ltd. and anr. Vs. State of Arunachal Pradesh and o ...

Court : Guwahati

..... suffice it to mention here that for the reasons discussed above, i have already held that it was a matter of executive policy decision to resort to appoint of one distributor for sale of all the lottery tickets of the state of arunachal pradesh and since the matter falls within the realm of executive discretion and policy, the writ court will not interfere, particularly, when the agreement, dated 10.10.1997, aforementioned, which is the foundation of the petitioners ..... arunachal pradesh state lotteries rules, (which stand referred to as 'the said rules of 2001') have been framed in exercise of the powers vested in the state under section 12 of the said act. ..... where the breach of contract involves breach of statutory obligation when the order complained of was made in exercise of statutory power by a statutory authority, though cause of action arises out of or pertains to contract, brings it within the sphere of public law because the power exercised is apart from contract the freedom of the government to enter into business with anybody it likes is subject to the condition of reasonableness and fair play as well as public ..... mazumdar, neither inconsistent with the provisions of the said act or the rules nor can such efforts be construed as violation or any of the principles of natural justice or of terms and conditions contained in the agreement, dated 10.10.1997, and/or extension thereof by orders, dated 18.9.2001 and 21.9.2001, ..... even if one were to construe that the petitioner no. .....

Pema Khandu and Others Vs. Nabam Rebia, Speaker of the Arunachal Prade ...

Court : Guwahati

..... the disturbing developments in the state of arunachal pradesh noticed from the various steps taken since november 2015 indicates the tussle for power by opposing group and it is clear that the speaker and the deputy speaker of ..... shri nabam rebia have taken control of roads and streets around the assembly premises to launch physical attacks on mlas trying to gain access to the assembly hall and also to create massive law and order problem so that the smooth conduct of the assembly is gravely affected and today s agenda of the assembly which is the composite floor test motion which also contains a no- ..... that when the governor ex officio acts as the chancellor of a university he acts under section 68 of the 1973 act and discharges statutory duties as mentioned under the 1973 act, but when the government calls for the record of appointment of any employee to examine whether the reservation policy envisaged under the 1994 act has been given effect to or not and takes action in such respect then he acts in his capacity as governor under ..... performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties: provided that the conduct of the president may be brought under review by any court, tribunal or body appointed or designated by either house of parliament for the investigation of a charge under article 61: provided further that nothing in this clause shall be construed as restricting the .....

Dinabandu Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... by the president of india in exercise of power vested upon him under section 24(2) of the state of arunachal pradesh act, 1986 read with section 31(2) of north eastern area (reorganisation) act, 1971, vide notification no. ..... two in number, as the chief justice of that high court may, from time to time nominate, shall sit in shillong in order to exercise the jurisdiction and powers for the time being vested in the gauhati high court in respect of cases arising in the state of meghalaya:provided that the chief justice of that high court may, in his discretion, order that any case or class of cases arising in the ..... the case in hand, admittedly the cause of action arose on 10-12-2000 at rongpur under silchar police station within the state of assam and thus, it cannot be construed that the case in hand arises at meghalaya for the purpose of determining the territorial jurisdiction of the shillong bench ..... as quoted above, the permanent bench at shillong constituted by the presidential order has been vested with power to hear, entertain and decide cases arising in the state of meghalaya and as such, i am constrained to reject the bail petitions being not maintainable. ..... and the permanent bench sitting at shillong has been bifurcated/identified, only in exceptional circumstances the hon'ble chief justice has been delegated with the discretionary power to allow the same to be filed/heard at principal seat at gauhati regarding any cases or class of cases arising in any state other than the .....

Jaiprakash Associates Limited (Cement Devision) Vs. State of Arunachal ...

Court : Guwahati

..... the petitioners, in this batch of writ petitions, who are involved in various commercial activities, in the state of arunachal pradesh, and import various goods from other states, have challenged the constitutionality, legality and validity of the arunachal pradesh goods tax act, 2005 (in short, 'the act') and, particularly, section 3(2)(b) thereof, which imposes tax on the entry of goods, other than non-taxable import, for consumption, use or sale thereof into the local area of the state of arunachal pradesh.2. ..... besides, it is not irrelevant to remember in this connection that the article we are construing imposes a constitutional limitation on the power of the parliament and the state legislatures to levy taxes, and generally, but for such limitation, the power of taxation would be presumed to be for public good and would not be subject to judicial review or scrutiny. ..... : [2006]283itr1(sc) also makes it clear that the decisions in bhagatram rajeev kumar : 1994(4)scale1103 and bihar chamber of commerce : [1996]2scr184 , are not projecting the correct position of law, wherein the court had taken the view that it is not necessary for a levy, to be compensatory, that the purpose of the levy shall be to provide any specific service or facility to the traders and that for a levy to be .....

State of Arunachal Pradesh Vs. Khudiram Chakma

Court : Supreme Court of India

Reported in : AIR1994SC1461; JT1993(3)SC546; 1993(2)SCALE682; 1994Supp(1)SCC615; [1993]3SCR401

..... in land or the product of land beyond the said 'inner line' without the sanction of the state government or such officer as the state government shall appoint in this behalf.any interest so acquired may be dealt with as the state government or its said officer shall direct.the state government may also, by notification in the arunachal pradesh gazette extend the prohibition contained in this section to any class of persons, natives of the said districts, and may from time to time in ..... they were shifted to the camp at miao sub-division in tirap district, now within the state of arunachal pradesh which was then known as north east frontier agency (nefa). ..... 1992 filed by state of arunachal pradesh is allowed. ..... the state of arunachal pradesh has preferred s.l.p. ..... in 1966, they were shifted to the camp at miao within the state of arunachal pradesh.6. ..... clause 2 of the said regulation states thus:it shall be lawful for the state government to prescribe and from time to time to alter by notification in the official gazette a line to be called 'the inner line' in each or any of the above named districts.the state government may, by notification in the arunachal pradesh gazette prohibit all citizens of india or any class of such citizens of india or any class of such citizens or any persons residing in or passing through such districts from going beyond ..... in exercise of power conferred under section 3 of the said act foreigners order of 1948 dated 10.2.48 was ..... : (1986)illj36sc satya vir singh .....

Jai Prakash Associates Limited Thru Rahul Kumar Vs. State of U.P. Thru ...

Court : Allahabad

..... state electricity board(11) : 2008 (5) scc 609, state of arunachal pradesh ..... started production establishing the factory in tanda, the principle of promissory estopple attracted in view of catena of judgement of hon'ble supreme court particularly kalyanpur cement ltd (supra) as well as world wide settled proposition of law, it shall be fitness of thing and to maintain the people's confidence in the administration, ordinarily government should be abide by its assurance or promise and person should not be deprived of the benefit available from such assurance, ..... to an attempt by the promisor to go to enforce his full legal rights if:(a) the promisor intended to create legal relations by his promise, that is he intended to be bound by it;(b) the promisor knew that his promise would be acted on;(c) the promisee acts on the promise or representation in such a way as to alter his position,(d) either the promisor has not given reasonable notice that he has revoked his promise or the promisee has so altered his position as not to be able ..... brief facts are as under: section 5 of the act is an enabling provision which confers power on the state government to issue a notification in public interest along with rebate up to full amount of tax on sale and purchase of public goods or on sale or purchase of any goods by such person or ..... segregation of morality while construing statutory provisions or constitutional philosophy in due course of time convert the men into animal and may result into .....

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court : Supreme Court of India

..... done by the governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment: provided further that if the president on receipt of a report from the governor or otherwise is satisfied that it is no longer necessary for the governor to have special responsibility with respect to law and order in the state of arunachal pradesh, he may by order direct that the governor shall cease to have such responsibility with effect from such ..... bailey by adding sub-section (4) to section 9 of the government of india act, 1935 in the following words: i beg to move, in page 7, line 12, at the end, to add: (4) (i) in this act the expression 'in his discretion' when applied to any act of the governor-general or any exercise of his functions or powers means that such act may be done and such functions and powers may be exercised by the governor-general without consultation with his ministers ..... given this interpretation, according to the justice sarkaria commission, the scope of discretionary powers has to be strictly construed, effectively dispelling the apprehension, if any, that the area for the exercise of discretion covers all or any of the functions to be exercised by the governor under the ..... it was also the contention on behalf of the appellants, that the messages addressed by the governor should be construed by accepting, that the governor is in no manner associated with the legislative process, except under article 200. .....