Court : Guwahati
..... (article 323b(3)(d)). the additional solicitor general in the delhi high court case reported in delhi high court bar association v. union of india : air1995delhi323 admitted that the act has been enacted under this provision, but admittedly, there is no provision for constituting a tribunal of recovery of debts under article ..... 95 will show that the matter establishment of tribunal is not covered by these two entries. entry 43 is with regard to incorporation, regulation and winding up trading companies, etc. does the establishment of tribunal come within the purview regulation. the word 'regulation' received judicial interpretation in a number of cases (see ..... judgment of the punjab and haryana high court- entry 43 in list i deals with the following things : '43. incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies.' 87. entry 95 is the jurisdiction and powers of all courts, except .....
Tag this Judgment!Court : Guwahati
..... probhakar ray' air (23) 1939 cal 259, it was held that there was no right of revn. against the order of the union bench under bengal village self-govt. act (act 5 of 1919) by virtue of section 93 of the act.15. in 'balkrishna hari v. emperor' air (20) 1933 bom 1, it was held that section 51 of the emergency powers ..... v. state of bihar' air (37) 1950 fat 322, the validity of the provisions contained in clause (b) of sub-section (1) of section 2, bihar maintenance of public order act (act iii (3) of 1950), under which the petnr. was forbidden from going to any place in the districts of singbhum & manbhum was called into question. in ' : [1950]1scr519 ', the ..... of delhi not to remain in the delhi district & immediately to remove himself from the district & not to return to it. the order was under the east punjab public safety act (act v (5) of 1949). in the last mentioned two cases also the petnrs. were regarded as entitled to the protection afforded to them by article 19 & the question in .....
Tag this Judgment!Court : Guwahati
..... before that date, the initiation of the proceeding was illegal.their lordships held that by virtue of the provisions contained in section 3, prevention of corruption act, offences under sections 161 and 165 had become cognizable. the police could investigate subject to two limitations on their powers of investigations. these limitations were--(1 ..... by the police. accordingly, where a magistrate does not take cognizance, but merely forwards the complaint to the police for investigation and for taking cognizance, he acts under section 156 (3), criminal p. c., and proceedings based on a charge-sheet submitted by the police in such a case are perfectly valid. in ..... the magistrate having proceeded under chap, xvi of the code had no jurisdiction to direct the police to investigate under chap, xiv and the trial magistrate acted wholly without jurisdiction in proceeding on the charge-sheet submitted later by the police. it is noteworthy that the proceedings resulting in the conviction could not .....
Tag this Judgment!Court : Guwahati
..... . 242 it was held that no right of appeal arose as the decision of the high court was before 1-4-1926, the date when act 24 of 1926 conferring the right of appeal came into operation as the act showed no intention that it was applicable to decisions which had already become final. in the case of the colonial sugar ..... 227 has any retrospective operation and if so to what extent. 6. article 367 (1) of the constitution provides that unless the context otherwise requires, the general clauses act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this constitution, as it applies for the ..... refining co., ltd. the right of appeal had been taken away. the act was not applied to a pending proceeding. in the .....
Tag this Judgment!Court : Guwahati
..... question cf eeverability has been the subject of consideration in a number of cases of the supreme court, in the case of 'r. m. d. chamarbaugwalla v. union of india' reported in : [1957]1scr930 it has been summarised as follows:1. in determining whether the valid parts or a statute are separable from the invalid parts ..... foreign origin and had been illicitly obtained and the petitioners and tolaram were the persons who were concerned in the illicit trade, so the impugned order was passed.section 182 of the sea customs act does not require that the order is to be passed on a subjective determination of the collector. the power given to ..... 1x0 meant something. confined to the re lationship between the workman and his own employers or whether it involved larger considerations of what was customary in a particular trade since, whether the wider or narrower meaning was contemplated, a single case of manager receiving payment by way of compensation on discharge was not what the regulations .....
Tag this Judgment!Court : Guwahati
..... the north-east frontier rly. mizdoor union and the general secretary of the said union by telegram and a letter of the same date that the recognition of the union was withdrawn.2. the petitioner's case is that it is a trade union of non-gazetted employees, registered under the indian trade union act, 1926 and that it was accorded recognition ..... of the railway. they allege that the petitioner however adopted methods other than those specified for ventilating their alleged grievances. they also deny that the petitioner union acted in conformity to the rules for recognition of service association of non-gazetted railway servants. the respondents submit that the strike launched on 19.9.68 was ..... associations contained in part b of appendix xiii and the conditions precedent to the recognition of a union by a railway administration contained in part c thereof.8. a railway servant becomes a member of a trade union with a view to protect his interests in the service as well as to share the fruits .....
Tag this Judgment!Court : Guwahati
..... that the pelvic bone cavity was of ovoid structure and the sacrum of the vertebral column was wider in shape and coccyx pendulas. in one body there was union of manubrium with the rest of the sternum body i.e. the entire sternum had fused into one. he also found four braids of long hairs1 near ..... mandatory (provisions of section 164 of the code of criminal procedure, such part of the evidence though it may be relevant within the meaning of section 9 of the evidence act, will have to be excluded. by such a construction of the provisions a satisfactory solution could be evolved.* * * * *these are weighty observations and we respectfully adopt ..... he found it necessary to make search in the compound of the district and sessions judge, dhubri regarding the dead bodies and therefore he thought it reasonable to act under section 165, criminal procedure code requesting the officer-in-charge, police station to search the compound of the district and sessions judge in order to recover the dead bodies .....
Tag this Judgment!Court : Guwahati
..... l. p. singh secretary to the govt. of india new delhi january 12, 1968'. 16. on the basis of the letter, the supreme court concluded that the union govt. was entitled to exercise extra-provincial jurisdiction over the shillong administered area on april 15, 1948. the reason was that prior to the date, british government had exercised ..... for an autonomous district shall have the power to levy and collect all or any of the following taxes within such district, that is to say-(a) taxes on professions, trades, callings and employments; (b) taxes on animals, vehicles and boats; (d) taxes for the maintenance of schools, dispensaries or roads. (4) a regional council or ..... xiii of 1899). 5. the lepers act, 1898 (iii of 1898). 6. the assam medical act (i of 1916). 7. the indian post. office act, 1898 (vi of 1898). 8. the indian telegraph act, l885 (xiii of 1865) 9. the epidemic diseases act, 1897 (iii of 1897). kmun manik shillong siem of mylliemthe 7th september, 1926.' 18. therefore, in the areas .....
Tag this Judgment!Court : Guwahati
..... murder if it is committed without premeditation, in a sudden fight, in the heat of passion, upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner'. it is immaterial in such cases which party offers the provocation or commits the first assault the applicability of this exception depends on facts ..... prepense, the quarrel was sudden, the appellant struck the spade blunt side blow at the heat of passionin a sudden fight and did not take undue advantage and did not act in a cruel or unusual manner. the spade was ready in his1 hand as an agricultural implement and not as a weapon of offence. it is clear that he hit .....
Tag this Judgment!Court : Guwahati
..... the power under section 10(1)(c) of the industrial dispute act, 1947. the issues are as follows; issues:-- (a) whether the management of m/s glindia ltd. are justified in suspending shri ranjit acharya, medical representative with effect from september 8, 1987 for his trade union activities : actuated with the motive and subsequent dismissal from service ..... v. industries v. ratanlal sarma) supreme court taking an over all view of the case, allowed the application for transfer. (iii) air 1986 sc page 1896 (union of india v. shriromani gurdwara prabandhak committee) the supreme court considering its earlier decision in 1958 sc page 309, 1965 sc page 720 and an unreported decision, pointed ..... himself in support of his case. by order dated march 1, 1993, the labour court decided the preliminary issues against the management and in favour of the union. being aggrieved by the said order, the management moved a writ petition before this hon'ble court which is pending as civil rule no. 1553/93. .....
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