Judgment Search Results Home > Cases Phrase: state of nagaland act 1962 Page 17 of about 251 results (0.105 seconds)

Smt.Anandavally M.K. Vs. Dr.P.G.Jairaj

Court : Kerala

..... , their creation/ abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the state, subject, of course, to the limitations or restrictions envisaged in the constitution of india and it is not for the statutory tribunals, ant any rate, to direct the government to have a particular method of recruitment or eligibility ..... private institutions engaged in teacher training courses or programmes have indulged in brazen and bizarre exploitation of the aspirants for admission to teacher training courses and held that the provisions of the act and the regulations framed thereunder were with a view to achieve the object of planned and co-ordinated development of teacher education system through out the country and for regulation and proper ..... affiliation, the examining body shall be free to demand rigorous compliance with the conditions contained in the statute like the university act or the state education board act under which it was established or the guidelines or norms which may have been laid down by the examining body concerned. ..... their lordships were considering section 3 of the nagaland retirement from public employment act, 1991 which was impugned before the courts wherein the retirement from public service on completion of 35 years of service or on attaining the age of 60 ..... state of nagaland and ..... nagaland .....

R.Krishna Alias Kistaiah, S/O. Late R. a Vs. R. Bala Narasaiah (Died) ...

Court : Andhra Pradesh

..... in state of nagaland (3 supra), the supreme court followed the above decision and after referring to other cases on the issue, held that when state is a litigant, it is not impermissible to show some latitude to it and it cannot be put on the same footing as an individual, since the state has to operate through impersonal machinery.17. ..... for petitioner contended that the defendants were negligent in contesting the suit after having filed the written statement; that they did not explain day-to-day delay; that the court below, without stating that it is satisfied that sufficient cause has been shown by the defendants in explaining the delay in filing the application under order ix rule 13 cpc, could not have condoned the delay. ..... krishnamurthy2, state of nagaland v. ..... in collector, land acquisition, anantnag (1 supra), cited by the counsel for respondents/defendants, the supreme court held that the power to condone delay by enacting section 5 of the limitation act, 1963 is to enable the courts to do substantial justice to parties by disposing of matters on merits; that the expression ".sufficient cause". ..... ia.no.826 of 2011 was filed by the defendants under section 5 of the limitation act, 1963 to condone the delay of 502 days in filing an application under order ix rule 13 cpc to set aside the ex parte decree dt.02.03.2010. ..... section 5 of the limitation act does not say that such discretion can be exercised only if the delay is within a certain limit. .....

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

..... the assam accord:(1) for the purposes of this section:(a) 'assam' means the territories included in the state of assam immediately before the commencement of the citizenship (amendment) act, 1985; (b) 'detected to be a foreigner' means detected to be a foreigner in accordance with the provisions of the foreigners act, 1946 (31 of 1946) and the foreigners (tribunals) order 1964 by a tribunal constituted under the said ..... order; (c) 'specified territory' means the territories included in bangladesh immediately before the commencement of the citizenship (amendment) act, 1985; '(d) a person shall be deemed to be of indian origin, if he, or either of his parents, or any of his grandparents was born in undivided india; (e) a person shall ..... state may be divided into three cultural groups on the basis of their socio-regional affinities.i) the monpas and sherdukpens of tawang and west kemeng district; ii) khamptis and singhphos inhabiting the entire eastern part of the state; andiii) the notes and wanchos adjoining nagaland ..... act, 1950 (act x of 1950) applied to the territories presently forming part of meghalaya, nagaland ..... state can be divided into three cultural groups, on the basis of their socio-regional affirmities.i) the mopes and sherdukpens of tawang and west kemeng district; ii) khamptis and singhphos inhabiting the entire eastern part of the state; andiii) the neotes and wanchos adjoining nagaland .....

Dr. W.S. Dann Vs. State of Meghalaya and ors.

Court : Guwahati

..... -1 and 2 are directed to constitute a dpc to reconsider the case of the petitioner for promotion in the manner indicated above, and if the dpc recommends the petitioner and the recommendation is accepted by the state government, respondents-1 and 2 will promote the petitioner with retrospective effect from the date the respondents to 6 were promoted under the impugned notification dated 31.5.1985 with all service benefits including seniority other ..... acrs and service records of the petitioner for the periods upto 1984 without the said adverse remark in the report of the year 1984 will have to be considered afresh by dpc to be constituted by the state government, and if the said dpc categorises the petitioner as either very good or good and recommends the petitioner for promotion from grade-iii (jr) to grade-iii of the maghalaya animal husbandry & veterinary service, ..... state of nagaland, (supra), and it was held therein - this would show that not only the communication of the adverse reports is important but equally important is the disposal of the representation submitted by the delinquent officer and ..... state of punjab, (supra), the supreme court held: the principle is well-settled that in accordance with the rules of natural justice, an adverse report in a confidential roll cannot be acted upon to deny promotional opportunities unless it is communicated to the person concerned so that he has an opportunity to improve his work and conduct or to explain the circumstances leading to .....

Sing Killing Vs. Income-tax Officer and ors.

Court : Guwahati

..... a member of the scheduled tribe of the state of nagaland applied to the jurisdictional income-tax officer for grant of an exemption certificate in view of the provisions of section 10(26) of the income-tax act, 1961. ..... it must be clarified that the exemption certificate dated march 2,1994, issued by the income-tax officer, dimapur, nagaland, shall be understood to have conferred on the petitioner an entitlement to exemption from payment of income-tax arising out of the profits and gains from the business of forest produce in respect of ..... the authority did grant a certificate to the petitioner certifying that the petitioner is not liable to pay income-tax under section 10(26) of the act in respect of any income arising or accruing to him from any source in any area specified as a sixth schedule area under the aforesaid provisions of the constitution of india or in terms of the relevant notification issued by ..... saraf, learned senior counsel appearing for the petitioner in a short and precise argument has contended that under section 10(26) of the act, the petitioner has been found eligible for exemption from payment of income-tax in respect of any income accruing or arising to the petitioner ..... of the place at which payments in respect of such transactions are received, such income must be deemed to have originated from a sixth schedule area and hence, section 10(26) of the act must be held to be applicable entitling the petitioner to the exemption as claimed in the instant case. 5. .....

State Vs. Partap Takwal and ors.

Court : Delhi

Reported in : 126(2006)DLT20; 2006(86)DRJ107

..... counsel representing the state/applicant has sought support from a recent judgment of the supreme court in the case of state of nagaland v. ..... or otherwise more particularly knowing fully well that his opinion is not final in the matter and it has to go in the hierarchy to various other authorities up to the lt.governor of delhi, who in exercise of the functions of the state within the meaning of code of criminal procedure has to take the final decision in the matter. ..... appeal along with those appeals for hearing in due course.a copy of the order be given dusty to learned standing counsel for the state and also forwarded to the secretary (law, judicial and legislative affairs), department of govt. ..... also laid down in the said judgment that certain amount of latitude in the cases related to the state is not impermissible owing to the special circumstances in regard to the processing of the matter. ..... so, the legislature must have taken into account all relevant circumstances and that is why 90 days period has been prescribed for filing of appeal against the order of acquittal by state as in contrast to 30 days period prescribed for filing appeal against conviction. ..... despite this, it is seen that in umpteen number of cases state do not adhere to the prescribed time-frame and instead exhaust the same either at one or the other level and appeals are filed with application for condensation of delay with the routine ..... an application under section 5 of the limitation act read with section 482 cr.p.c. .....

Mrs.Subbulakshmi .. Vs. Punjab and Sind Bank Represented by Its Manage ...

Court : Chennai

..... (iv) state of nagaland v ..... a reading of the provisions of the definition of recovery officer, the appointment of the recovery officer under section 7 of the act and the specific provision conferring the power on the presiding officer either to withdraw the certificate or even to correct any clerical or arithmetical mistake in the certificate makes it clear that the said power is vested in the ..... the jurisdiction, powers and authority of the tribunal are contemplated under section 17 of the act, whereby the tribunal is empowered to entertain and decide applications from the banks and financial institutions for recovery of debts due to such banks and financial ..... that apart, once the certificate has been issued under section 19(7) of the act, no proceeding could have been pending for the petitioner to seek for recall of such ..... section 2(o) of the recovery of debts due to banks and financial institutions act, 1993 (for short, "the act") defines "tribunal" as meaning one established under sub-section (1) of section ..... the composition of the tribunal is as per section 4 of the act, which shall consist of one person only to be known as the presiding officer who shall be appointed by a notification by the central ..... 3 scc 752.the learned senior counsel contended that the expression "sufficient cause" should receive a liberal construction and the true guide for a court to exercise the discretion under section 5 is as to whether the party acted with reasonable diligence in prosecuting the case. .....

The State of Meghalaya Vs. Melvin Sohlangpiaw

Court : Supreme Court of India

..... the whole of india provided that the provisions of this code, other than those relating to chapters viii, x and xi thereof, shall not apply (a) to the state of nagaland, (b) to the tribal areas, but the concerned state government may, by notification, apply such provisions or any of them to the whole or part of the state of nagaland or such tribal areas, as the case may be, with such supplemental, consequential modifications, as may be specified in the notification. ..... parties all of whom belong to scheduled tribes within such areas, other than suits and cases to which the provisions of sub paragraph (1) of paragraph 5 of this schedule apply, to the exclusion of any court in the state, and may appoint suitable persons to be members of such village councils or presiding officers of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 ..... 9.2 in view of this, when we look to the argument raised by the petitioner that the term case as used in paragraph 4 of the 6th schedule precludes criminal cases, merely because the state is the de jure complainant in all such cases, it appears that their 10 interpretation suggests that paragraph 4 of the 6th schedule does not comprehend trial of criminal cases by the district council ..... at the police station, can also not be considered a party to the case, as he was acting in his official capacity and thus forms part of the state machinery.4. ..... (1) this act may be called the code of .....

State of Assam Vs. Nanda Kumar Singh

Court : Guwahati

..... before parting with the case we like to observe that in a number of cases coming from the states of nagaland, meghalaya the union territories of arunachal pradesh (nefa) and mizoram (mizo hills district), and also mikir hills district and north cachar hills district (united district of mikir and north cachar ..... statement is not recorded substantially following the provisions of section 164 read with section 364, criminal procedure code as observed hereinabove it becomes difficult for a court of law to accept a confessional statement and to act upon it even though the case may come from an area where the spirit of the code of criminal procedure is only applicable.29. ..... after making the above introductory statement in his confessional statement, the accused stated as follows:accordingly on friday at about 6 o' clock in the dusk while father, step mother and i returned from the field, i murdered my father on the way by giving 3 dao blows ..... is a mikir living at delai cannot be said to have personal information in detail about the affairs of the domestic life of chandra singh in cachar as stated by the accused in the confessional statement. ..... very sorry for murdering my father and i would never commit such an act if i am acquitted for this time. ..... the accused stated in his confessional statement that while he was reading in class i his father left cachar for ..... the entire evidence on record we find that the confessional statement is voluntary and true and it may be legally acted upon.24. .....

Bank of Baroda Vs. Ruby Sales Corpn (Agency) and anr.

Court : Gujarat

Reported in : AIR2006Guj251

..... state of nagaland and ors. ..... 10,000/- to the defendant no.2 by the bank was not proper and it was a negligent act on the part of the bank to discharge the bank guarantee when there was no agreement dated 10-10-1972 in existence and therefore, there was no breach of any of the terms and conditions of the agreement dated 10-10-1972. ..... the plaintiff also filed a pursis at exh-88, wherein the plaintiff has stated about certain arbitration proceedings filed in the court against defendant no.2 and which ultimately failed. ..... it was submitted that on demand by the defendant no.2, the bank acted bona fidey and made the payment of rs. ..... for the reasons stated above, the appeal succeeds. ..... as stated above, no proceedings have been initiated against the defendant no.2 for alleged breach of contract. ..... as stated above, the learned advocate appearing on behalf of the plaintiff has also fairly conceded that the finding of the learned trial court to that extent is not proper and/or it is inaccurate.11. ..... 10,000/- lying with the bank by way of fixed deposit (counter guarantee) was not bona fide and/or was negligent act. ..... to discharge the bank guarantee and was not required to enter into any dispute between the plaintiff and the defendant no.2 and the payment made by the bank by discharging bank guarantee was a bona fide act. .....