Judgment Search Results Home > Cases Phrase: state of arunachal pradesh act 1986 section 47 power to construe laws Page 3 of about 385 results (0.117 seconds)

Tobi Nomuk Vs. State of Arunachal Pradesh

Court : Guwahati

..... submitted a representation dated 13.12.2000 (annexure-8) before the respondent no.2 director of health services, government of arunachal pradesh to allow her to join her duty. ..... saikia, learned advocate general, arunachal pradesh, it has been held that inquiry is not necessary when rules provide for termination of service of a ..... application under article 226 of the constitution the petitioner prays for quashing the order dated 1.3.2001 (annexure-11) terminating her services as laboratory attendant in the medical department under the government of arunachal pradesh. 2. ..... is not understood how her absence could have been construed as her un-willingness to continue in service at least on 1.3.2001 when the impugned order was passed terminating her service on this ground in the face of her repeated averments in her writ petition narrating her conduct and acts showing her keenness to continue in service. ..... portion of the impugned order dated 1.3.2001 reads as under:- 'her long unauthorised absence has been construed as her un-willingness to continue in service, and accordingly her services as lab. ..... the case of the petitioner as stated in paragraph-8 of the writ petition is that he was suffering from mental diseases and chest trouble and was not in a position to function properly for which he applied for casual leave, and his mental ..... and it is settled law that the averments made in the writ petition not controverted by filing an affidavit-in-opposition shall be deemed to have been admitted by .....

State of Maharashtra and anr. Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

..... it is submitted that by the impugned rule 9 of the rules of 2000 the state of maharashtra is trying to put unnecessary restriction as regards the printing of tickets and sale of tickets of the state of arunachal pradesh and the state of nagaland within the state of maharashtra and this violates the right of these state provided under the act. ..... the state of maharashtra, in exercise of powers under section 12 of the lotteries regulation act, 1998, for short, the act, framed certain rules and rule 9, according to the petitioner places unnecessary restrain and prevents the petitioner from selling their lottery tickets in the state of maharashtra and is thus violative of the constitution.3. ..... instant case the calcutta high court had jurisdiction to entertain and decide the writ petition in question even on the facts alleged must depend upon whether the averments made in paragraphs 5, 7, 18, 22, 26 and 43 are sufficient in law to establish that a part of the cause of action had arisen within the jurisdiction of the calcutta high court.'8. ..... however, we find that in para 11 of the adani exports (supra) the apex court were of the opinion that, oswal's case is no authority to decide as to the requirement of law in regard to establishing the territorial jurisdiction of a court. ..... both these appeals are being disposed of by this common judgment as the question of law involved in both these appeals are identical. .....

Planters Forum Vs. State of Kerala

Court : Kerala

..... powers of legislation - (1) parliament has exclusive power to make any law with respect to any matter not enumerated in the concurrent list or state list" the act of 2003 is also without legislative competence inasmuch as the subject matter of the act is squarely and directly covered by the environment (protection) act, 1986 (hereinafter referred as the central act, 1986 ..... in addition to the above, in the tropical wet evergreen forests of tirap and changlang in the state of arunachal pradesh, there would be a complete ban on felling of any kind of trees therein because of their particular significance to maintain ecological balance needed to ..... 6) "the appellant, however, urged that the introduction of the proviso in section 3 should not be given greater retrospective operation than necessary and it should not be so construed as to affect decrees for eviction which had already become final between the parties ..... but even so, we do not see how the retrospective introduction of the proviso in section 3 can be construed so as to leave unimpaired a decree for eviction already passed, when the question arises in execution whether it ..... 85-86, paras 13-14) "in the present case as already pointed out above, if sub-section (2) as introduced by the coal mines nationalisation laws (amendment) act, 1986 in section 10 had existed since the very inception, there was no occasion for the high court or this court to issue a direction for taking into account the price which was payable for the .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... (2023) 9 scc1340 state of mizoram act 1986; state of arunachal pradesh act 1986 341 laccadive, minicoy and amindivi islands (alteration of name) act 1973 342 constitution (twelfth amendment) act 1962 343 constitution (fourteenth amendment) act 1962 335 part e chandigarh was also made a union territory.344 a couple of decades later, the state of goa was formed with the enactment of the goa, daman and diu reorganisation act 1987 ..... by a proclamation under this section assumes to himself any of the powers of the legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner repealed or re-enacted by an act of the legislature, and any reference in this constitution to any acts of or laws made by the legislature shall be construed as including a reference to such law ..... . on 31 december 1976, the ninth schedule was amended by co106 on 31 december 1977 as a result of co108 section 2 of the 25th 302 clause 4 of article 368 as added by co101read as follows: (4) no law made by the legislature of the state of jammu and kashmir seeking to make any change in or in the effect of any provision of the constitution of jammu and kashmir relating to- (a) appointment, powers, functions, duties, emoluments, allowances, privileges or immunities of the governor; or (b) superintendence, direction and control of elections by the .....

Hls Asia Ltd. Vs. M/S. Geopetrol International Inc. and ors.

Court : Delhi

..... stated that gii was acting as an operator of a block in changlang district, arunachal pradesh for and on behalf of a consortium comprising gii, ntpc (respondent no.2), brownstone ventures limited (bvl)/ respondent no.3, a company incorporated in ontario, canada and canoro resources limited (crl)/respondent no.4, a company having its registered office in noida, uttar pradesh. ..... , the respondents, as a consortium, entered into production sharing contract (psc) with the government of india on 16th december 2005 for the purposes of exploring and developing the aforementioned block in changlang district, arunachal pradesh. ..... under article 4.2 of joa, gii was designated as the operator and the parties were to provide the operator with such powers of attorney as would be required from time to time by the concerned authorities in order to carry out the operations pursuant ..... 2012 (9) scale 595 the supreme court has, in the context of section 45 of the act, explained the relevant provisions of the new york convention and observed that reference of even non-signatory parties to arbitration ..... , a company organized and existing under the laws of india, having its registered office at calle 53, urbanization obario, torre swiss bank, prisa 16, panama and its india office at the mira corporate suits, block d-1, 1&2 ishwar nagar, mathura road, new delhi-110065, india, hereinafter referred to as company, acting as operator of the block aa-onn-2003/2 for and on behalf of consortium presently comprising .....

Dr.Jyoti Hyankey Vs. Union Public Service Commission

Court : Delhi

..... by the scheduled castes and scheduled tribes list (modification) order, 1956, the bombay reorganization act, 1960, the punjab reorganisation act, 1966, the state of himachal pradesh act, 1970, the north eastern areas (reorganisation act, 1971 and the scheduled castes and schedules tribes order(amendment) act, 1976, the state of mizoram act, 1986, the state of arunachal pradesh act, 1986 and the goa, daman & diu (reorganization) act, 1987) the constitution (jammu and kashmir) scheduled castes order, 1955@) the constitution (andaman and ..... nocobar islands) scheduled tribes order, 1959 as amended by the scheduled castes and scheduled tribes order (amendment) act, 1976 ..... fortunately in the instant case, such a bureaucrat has the backing of the law which states that if law mandates something to be done in a particular manner it has to be done in the manner prescribed and none else.11. ..... but alas, the bureaucrat has to be bureaucratic and has to live by the letter of law and not the spirit thereof. .....

National Campaign Commtt. C.L. Vs Union of India and ors.

Court : Supreme Court of India

..... the states of andhra pradesh, arunachal pradesh, goa, jammu and kashmir, meghalaya, maharashtra, mizoram, nagaland, punjab, sikkim and tamil nadu and union territories of andaman and nicobar, dadra and nagar haveli, daman and diu and lakshadweep fall under ..... all the states, union territories and the state boards to initiate the process and ensure its completion under the provisions of section 27 of the act. ..... they had failed to discharge their statutory duties under the provisions of the building & other construction worker (regulations of employment & conditions of service) act, 1996 (for short, `the act') and the building and other construction workers welfare cess act, 1996 (for short `the cess act'), thus, they should be punished for violating the orders of this court. ..... having perused the affidavits of these states/union territories and the records before us, we issue the following directions:- a) the governments of the above-referred states/union territories are hereby directed to ensure that the welfare fund is created and welfare schemes are formulated and notified in accordance with the provisions of the act and the cess act within four weeks from today. ..... it shall also issue appropriate directions under section 60 of the act to all the state governments to fully implement the provisions of the act as well as the cess act. ..... we also direct the union of india to discharge its various statutory functions under the act with particular reference to sections 24 to 27. .....

Birla Corporation Ltd. Vs. State of Bihar and ors.

Court : Patna

Reported in : (2009)26VST471(Patna)

..... in the states of uttar pradesh, arunachal pradesh, delhi, ..... against whom no tax admittedly, was either found payable or was due for the period in question, the proceedings initiated for imposition of penalty in purported exercise of power under section 54(4) of the act was clearly an abuse of statutory powers and without sanction of law, specially where the defect, if any, in filing the audit report stood rectified on february 15, 2007.20. mr. ..... is no tax payable against the petitioner for the period in question, the case of the petitioner would not be covered by the penal provisions of section 54(4) of the act and the orders imposing penalty impugned in the writ petition and affirmed by the appellant authority cannot be sustained and have to be set aside.44. ..... the penalty in such cases is not automatic; rather the statutory authority while exercising power under section 54(4) of the act also has a duty of satisfying himself as to whether the breach of the provision of section 54(2) is accompanied with any tax evasion or any tax is found payable against the dealer facing ..... saull' [1863] 32 ljqb 366, the queen's bench had to construe section 34 of the revenue act, 1861, which enacted that no copy of a bill of sale should be filed in any court unless the original was produced to the officer duly stamped and it was held that the section did not invalidate the registration if the bill was not duly stamped when so produced since the object of the ..... 65 stc 416 : [1986] 157 itr 330.28 .....

State of Punjab Vs. State of Nagaland and ors.

Court : Guwahati

..... lottery and as such the impugned circular/letter dated 25.6,1999 as well as the action of the respondent authorities in prohibiting the sale of lottery tickets of lotteries organised and run by the state of arunachal pradesh within the territorial jurisdiction of the state of punjab besides being violatlve of the provisions of the act, 1998 is also against the law laid down by the hon'ble supreme court of india and hence, liable to be set aside and quashed by this hon'ble court. 18. ..... that the petitioners beg to state that by dint of power conferred under section 5 of the act, 1998, a state govt may, within the state, prohibit the sale of tickets of lotteries organised, conducted or promoted by every other state and the said section 5 of the act, 1998 has been interpreted by the hon'ble apex court of our land in the judgment rendered in the case of b.r. ..... 26.5.1999 (annexure-1); (c) issue a writ in the nature of mandamus and/or any other appropriate writ, order or direction of like nature declaring that if a state sells its lotteries within and outside its territories then it cannot ban the lotteries of other states to be sold within its territory by virtue of power conferred under section 5 of the lotteries (regulation) act, 1998; (d) issue a writ in the nature of mandamus and/or any other appropriate writ, order or direction of like nature declaring that it is the .....

Nyajum Padu and ors. Vs. Commissioner and Secretary, Pwd, Govt. of Aru ...

Court : Guwahati

..... further submits that if order dated 26.7.2005 and order dated 21.5.2005 should go, order dated 28.12.2000 should be maintained and principles of seniority adopted by the state of arunachal pradesh with respect to the determination of inter-se-seniority between direct recruits and the promotees should be applied ..... read with order dated 4.7.2002, the direct recruits-petitioners would have no basis to complain against the placement of their names in the impugned seniority list as the principles of seniority based on rotation as adopted by the state of arunachal pradesh has to be applied and was in fact applied.29 ..... as required under the relevant rules and the same cannot constitute a valid and legal basis for claiming the seniority.while raising a contention to the extent that order dated 26.7.2005 cannot be sustained in law, he submits that the purported relaxation made thereof cannot be made in exercise of the powers to relax. ..... . he also submits that the authorities having not acted upon the order dated 21.5.2005 while passing final seniority list dated 19.8.2005, the said order dated 21.5.2005 is of no legal consequence and as such order dated 21.5.2005 is liable to be ..... . dated 3.7.1986 are applied in the state with respect to the determination of inter-se-seniority of direct recruits ..... . dated 3.7.1986 cannot be applied to the present case and therefore to say that the application of such principles to the facts of the present case is liable to be held to arbitrary ..... . dated 3.7.1986 issued .....