Judgment Search Results Home > Cases Phrase: state of arunachal pradesh act 1986 section 9 provision as to sitting members Page 1 of about 227 results (0.196 seconds)

Banka Das, Vs. State of Orissa

Court : Orissa

Reported in : 1993CriLJ442; 1992(II)OLR395

..... union territory of arunachal pradesh : air 1986 sc 991, where it was held that a person must be told by the magistrate or the court that he has a right to free legal service at the cost of the stale. ..... taken before a magistrate, in other words, the question, is whether the sessions court can directly take cognizance of the case upon police report or upon a complaint made by the authorised officer of any department of the state or the central government, section 36-d is the provision bearing upon the question and states that until a special court is constituted all offences under the act shall 'notwivasusnding anything contained in the code of criminal procedure, 1973 (2 of 1974), be tried by a court of session'. ..... though only one question was referred to the full bench for adjudication, members of the bar pleaded that several other questions need a fresh look, and therefore, we have primarily considered the following questions :(1) whether a court of session can, during transitional period as provided in section 36-d of the act take cognisance of an offence under the act as a court of original jurisdiction without the accused being committed to it for trial ? ..... 'in the aforesaid premises, i reiterate my earlier conclusion while delivering the judgment sitting with hon'ble d. m. ..... while hearing the four criminal cases sitting with brother d. m. ..... he has to be asked whether he objects to be tried by any official sitting in court. .....

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

Court : Guwahati

Reported in : AIR2003Gau162,(2004)2GLR187

..... that the first appellate court accordingly misconstrued the provision of section 34 of state of arunachal pradesh act, 1986. ..... 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. ..... 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. ..... 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. ..... , arunachal pradesh, itanagar ..... joirampur, arunachal pradesh, plaqed his vehicle art-750 at the workshop of the appellant/plaintiff for replacement of parts and repairs ..... 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 ..... thereafter notice under section 80(1) of cpc was served but no payment being made finally this suit ..... 22,986.20 paise stated to have been submitted by the appellant/ plaintiff and the necessary documents relating to the rate of manufacturer's price of parts supplied and the rate of labour charge along with necessary certificates were .....

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

Court : Guwahati

Reported in : AIR2003Gau162; (2004)2GLR187

..... that the first appellate court accordingly misconstrued the provision of section 34 of state of arunachal pradesh act, 1986. ..... 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. ..... 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. ..... 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. ..... , arunachal pradesh, itanagar ..... joirampur, arunachal pradesh, plaqed his vehicle art-750 at the workshop of the appellant/plaintiff for replacement of parts and repairs ..... 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 ..... thereafter notice under section 80(1) of cpc was served but no payment being made finally this suit ..... 22,986.20 paise stated to have been submitted by the appellant/ plaintiff and the necessary documents relating to the rate of manufacturer's price of parts supplied and the rate of labour charge along with necessary certificates were .....

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

Court : Guwahati

..... into force of the lotteries (regulation) act, 1998 and the rules framed under the said act known as the arunachal pradesh state lotteries rules, 2001 (hereinafter referred to as the said rules of 2001), the petitioners have been selling and distributing as sole distributor lottery tickets of the lotteries organized, conducted and run by the state of arunachal pradesh in strict compliance of not only the provisions of the said act and rules, but also in accordance ..... 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 ..... above question brings me to the definition of 'agreement', contained in section 2(6) of the rules, which reads, 'agreement means an agreement signed between the government of arunachal pradesh and sole distributor or printing press, etc. ..... , (1994) 4 scc 217, while dealing with banning of private lotteries by some states, the apex court held that the concept of lottery organized by a state would require certain basic and essential concommitants to be satisfied, because members of the public, when investing their money in such a lottery, proceed on a trust and on certain assumptions as to .....

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

Court : Guwahati

..... it was clarified in the message that as the resolution for removal of the speaker shall be the first item of business at the first sitting of the 6th session of the 6th arunachal pradesh legislative assembly, the deputy speaker shall preside over the house from the first moment of the first sitting of the house in accordance with the provisions of article 181(1) of the constitution of india. ..... the party wise composition of the arunachal pradesh state legislature in the 60 member house is congress-47, bjp-11 and independent-2. 4. ..... issue of the aforesaid order by me, a notice of resolution for removal of shri nabam rebia, from the office of the speaker of the arunachal pradesh legislative assembly has been received on 19 november, 2015 with a copy endorsed to me by the notice givers namely shri tamiyo taga, the leader of opposition in the said assembly along with 12 other members of the legislative assembly: whereas the notice of resolution for removal of the speaker as aforesaid has complied with the notice ..... further, section 3(60)(c) of the general clauses act, 1897 defines state government to mean governor which definition is in conformity with the provisions of the constitution 38 [the] governor means the government of the state and all executive functions which are exercised by the governor, except where he is required under the constitution to exercise the functions in his discretion, are exercised by him on the aid and advice of council of ministers. .....

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

Court : Guwahati

..... 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. ..... not less than 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 ..... in 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 ..... counsel, is a common high court for all the seven states including the state of meghalaya, and as such, any hon'ble judge sitting at shillong bench can entertain any matter arising out of any of these seven states.4. ..... territorial jurisdiction of the gauhati high court between the principal seat at gauhati 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. ..... imposition of entry tax, as already pointed out above, stands impugned on two grounds, namely, (i) that the impugned provisions of entry tax are violative of article 304(a), the same being discriminatory in nature inasmuch as, under the impugned provisions, while the importers are required to pay entry tax on the entry of specified goods into the state of arunachal pradesh, the local manufacturers or producers of such goods are not required to pay any entry tax, when such goods ..... however, a compensatory tax is levied on an individual as a member of a class, whereas a fee is levied on an individual as such. ..... a compensatory tax is levied on an individual as a member of a class, whereas a fee is levied on an individual as such. ..... the facilities provided should be in relation to the tax levied on an individual as a member of a class.92. .....

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

Court : Allahabad

..... kerala state electricity board(11) : 2008 (5) scc 609, state of arunachal pradesh v. ..... 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 class of person. ..... have an equitable defence 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 ..... , lord cairns observed, to quote:it is the first principle upon which all courts of equity proceed, that if parties who have entered into definite and distinct terms involving certain legal results....afterwards by their own act or with their own consent enter upon a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced, or will be kept ..... virtually, it is the individual who influence the system individually or jointly as the member of governing body, legislature, bureaucracy or judiciary. .....

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

Court : Supreme Court of India

..... based on the aforesaid provision, it was pointed out, that the governor of the state of arunachal pradesh, is provided with special responsibilities with respect ..... (l) the chamber or chambers of each provincial legislature shall be summoned to meet once at least in every year, and twelve months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session (2) subject to the provisions of this section, the governor may in his discretion from time to time- (a) summon the chambers or either chamber to meet at such time and place as he thinks fit ; (b) ..... since this article 143 is a mere reproduction of section 50 of the government of india act, 1935, where this provision does exist that the governor in his discretion may preside at the meetings of the council of ministers, i think ..... 189 stipulates that save as otherwise provided in the constitution, all questions at any sitting of a house of the legislature of a state shall be determined by a majority of votes of the members present and voting, other than the speaker or chairman, or person acting as such. ..... case, we have no doubt in our mind that when there is to be a prosecution of the chief minister, the governor would, while determining whether sanction for such prosecution should be granted or not under section 6 of the prevention of corruption act, as a matter of propriety, necessarily act in his own discretion and not on the advice of the council of ministers. .....

Boving Fouress Ltd. and anr. Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

..... a director thereof have prayed for issuing an appropriate writ directing the respondent state of arunachal pradesh to pay to the petitioner company an amount of rs. ..... entering into contract, issuance of the corrigendum, issuing the directions, getting the work done, getting the payments released - the petitioner company accepted the authority of the chief engineer as the authority of the state of arunachal pradesh. ..... of arunachal pradesh an executive act on behalf of the governor of arunachal pradesh has to be authenticated by the secretary to the government of arunachal pradesh on the department concerned. ..... arunachal pradesh by the state respondents is of no consequence because the petitioners being contractors are not required to be aware of the internal managementof the state respondents ..... of arunachal pradesh and that the state respondents are bound and liable to pay the outstanding dues as admitted by the chief engineer. ..... lacs to the petitioner company, it is quite another thing to say that what the chief engineer wrote in the letter dated 9.6.1999 tentamounts to admission of the liability of the government of arunachal pradesh to pay rs.933.50 lacs to the petitioner company. ..... division bench observed that it was a duty of the general manager to act fairly, properly and reasonably and that the railways had no authority to sit-over the matters by folding their hands. ..... it is governed by the provisions of the contract act or, may be, also by certain provisions of the sales of goods act .....