Court : Guwahati
..... deb, learned senior counsel appearing for the petitioners, submitted that the tribunal had no jurisdiction to implead the cwc as a party as under sub-section (5) of section 10 of the act, 1947, the appropriate government has been vested with the power to include in a reference any establishment, group or class of establishments other than those already included in the reference and, therefore, the award of the tribunal was beyond its jurisdiction and is liable to be quashed. ..... deb, learned counsel for he petitioners has relied on sub-section (5) of section 10 of the act, 1947, for his submission that it is only the appropriate government which has been vested with the power to include in a reference any establishment, group or class of establishments which had not been included earlier in the order of reference. ..... it is thus clear from sub-section (3) of section 18 of the act, 1947, that the legislature did not intend to vest exclusive power in the appropriate government under sub-section (5) of section 10 of the act, 1947, to add a party to a reference. ..... but a plain reading of sub-section (5) of section 10 of the act, 1947 shows that the power vested in the appropriate government under the said sub-section (5) of section 10 to add a party to a reference is not exclusive. .....
Tag this Judgment!Court : Guwahati
..... corporation as defined in the assam agricultural farming corporation act, 1973 (assam act viii of 1973).section 18 : tenant who does not agree to take settle-a tenant who is in occupation of any land transferred to and vested in the state government under sub-section (4) of section 7 but who does not take settlement of such land in the manner described in section 16 above, shall acquire no right title and interest in such land and ..... of the act that the controversy arising in the present writ petition is required to be determined.as already mentioned that there is no dispute that the land settled in favour of the 4th respondent is a parcel of land vested in the state of assam as being the land, which was found to be held in excess of ceiling limits imposed under the provisions of 1956 act. ..... 'signed by the collector under the preceding sub-section, all rights, title and interest of the person or persons whose lands are shown as excess in such statement shall stand transferred to and vest in the state government free from all encumbrances'. ..... the duty and obligation of the state to make an appropriate enquiry to verify whether there are any cultivating tenants in possession of the land on the date of the vesting of the land with the state.26. ..... the extents of lands, which are in occupation of the cultivators?iii) whether anyone or some or all of the cultivators were in occupation of the property as on the date on which the property in dispute vested in the state of assam i.e. 1.6.1976 .....
Tag this Judgment!Court : Guwahati
..... hand, this court laid that where there may be two or more competent courts which can entertain a suit consequent upon a part of the cause of action having arisen therewith, if the parties to the contract agreed to vest jurisdiction in one such court to try the dispute which might arise as between themselves, the agreement would be valid. .....
Tag this Judgment!Court : Guwahati
..... when he gave match stick by that time the accused prabin dragged him out of the room by clutching his vest. .....
Tag this Judgment!Court : Guwahati
..... the appellate authority was that they occupied the land on the basis of an unregistered deed of mortgage and on the other hand, their plea before the estate officer was that the land still to be vested upon the railway and that was the railways came in possession of the land on acquisition proceeding, a mere declaration will not ..... para 87).the constitution has, therefore, created an independent machinery for revolving these disputes and this independent machinery is the judiciary which is vested with the power of judicial review to determine the legality of executive action and the validity of legislation passed by the legislature. ..... we, therefore, hold that the power of judicial review over legislative action vested in the high courts under article 226 and in this court under article 32 of the constitution is an integral and essential feature of ..... ), the apex court, inter alia, held that the powers vested upon in the high courts to exercise judicial superintendence over the decisions of all courts and tribunals within their respective jurisdictions is also a part of basic structure of ..... we also hold that the power vested in the high courts to exercise judicial superintendence over the decisions of all courts and tribunals within their respective jurisdictions is also part of the basic structure of ..... acquired by the government from the recorded pattadars for the railways and the land was converted in to a government land and the ownership of the land was also vested with the railways. .....
Tag this Judgment!Court : Guwahati
..... the dispute, it seems, continued and came to head again after the mechpara estate had come to be vested in the state of assam under the provision of the assam state acquisition of zamindari act (for short, the act). ..... on the plaintiff's right and title, it was held that as the suit property had vested in the state 'free from all encumbrances', under section 4 of the act, the plaintiff could not get a declaration of his title against the state, even if his case of adverse possession against the proprietors of mechapara ..... under the provisions of that act, the property of the sick undertaking was to vest in the central government free from 'any trust, obligation, mortgage, charge, lien and all other encumbrances affecting it'. ..... after the nechpara estate had been acquired and had vested in the state, the case of the plaintiff is that the circle officer of lakhipur tried to realise rents from tenants of the plaintiff and was trying to settle new tenants in chaibari village. ..... have ripened, as it must have if his case be correct, into full title over the suit land before acquisition of mechpara estate, there can be no denial that the title would have got extinguished on this property vesting in the state because of the provisions in the act. ..... but as under section 4 of the act land has to vest free from all encumbrances, there is no manner of doubt that the adverse possession claimable against the proprietor of mechpara estate would not be available against the state. .....
Tag this Judgment!Court : Guwahati
..... into force in respect of the three autonomous district councils of meghalaya including garo hills and by virtue of section 3 of the said act, all the d.c.l.p schools in the garo hills autonomous district stood taken over by, and vested in the government of meghalaya and the state government became liable for payment of salary, allowances etc. ..... when the said act of 1993 came into force on 22.6.1994, all the dclp schools in the said district stood taken over by, and vested in, the state government except the private schools and minority schools. 19. ..... schools managed by the district councils were taken over by, and vested in, the state government, but the minority schools or private school retained their independent identity ..... a bare reading of the above provisions of section 3(1) shows that all dclp schools, in the autonomous districts shall stand taken over by, and vested in, the state government on and from the appointed day. ..... school, the said transfer did not vest any substantiative right in the petitioner to claim retention as a teacher in any govt ..... inability of the petitioner to join this post was basically a failure on the part of the state respondents to enforce their powers vested in them under the said act. ..... school, stood taken over by and vested in, the state government inasmuch as section 7 of the said act exempted the minority schools as well as private schools from the purview of application of the said act except in respect of the matter relating to payment of salary and .....
Tag this Judgment!Court : Guwahati
..... the assam local self government act 1953 repealed under sub-section (1) of section 163 of this act all the assets including the local board fund belonging to any local board shall vest in the deputy commissioner or the sub-divisional officer as the case may be who shall hold the assets in trust and perform and exercise all such duties and powers as assigned ..... to the petitioner and another part appertaining to the same dag to late abdul kader from whom the petitioner subsequently derived right to the property that ultimately the land vested in howgong mahkuma farishad as successor-in-interest, that the lands are still property of the mahkuma parishad under which the petitioner holds his lease-hold right and that ..... in the supreme court case (supra) it was further held that the view taken by the division bench of madras high court was that though the street vested in the municipal council it has not transferred to the municipality the rights of the owner in the site or soil over which the street exists and that if the municipality ..... in council, (1902) ilr 25 mad 635 was quoted with approval which runs 'when a street is vested in a municipal council such vesting does not transfer to the municipal authority rights of the owner in the site or the soil over which ..... , the deputy commissioner on repeal of the assam local self government act, 1953 held the assets of the local board as trustee and that this did never mean vesting of the properties of the erstwhile local board in the state government. .....
Tag this Judgment!Court : Guwahati
..... subject to the provisions of section 19, the estate duty payable in respect of property, movable or immovable, passing on the death of the deceased, shall be a first charge on the immovable property so passing (including agricultural land) in whomsoever it may vest on his death after the debts and incumbrances allowable under part vi of this act; and any private transfer or delivery of such property shall be void against any claim in respect of such estate duty.'19. ..... that charge is something which attaches to the property which happens to vest in the heirs and legal representatives but does not affect the nature of the property that actually ..... an obligation came to be attached to the property only as a result of the death of the deceased and got attached not to the property as it passed on the death of the deceased but to the property as it came to be vested in the hands of the heirs and legal representatives of the deceased.15. ..... provided thereby that the estate duty payable in respect of the property passing on the death of the deceased shall be a first charge on the immovable property passing on his death, regardless of in whom the property may vest, only after the debts and incumbrances allowable under pt. ..... that what has to be evaluated is the principal value of the property which passes on the death of the deceased and not the principal value of the property which as a result of the death of the deceased comes to be vested in the hands of his heirs and legal representatives. .....
Tag this Judgment!Court : Guwahati
..... in this reference we are concerned particularly with rule 8(c)(ii), which reads as follows:"(ii) the state government may, at any time after constitution of the assam fisheries development corporation by notification in the official gazette, vest management of any registered fishery with the assam fisheries development corporation as considered necessary for the purpose of its development and management. ..... the aims and objectives of the memorandum and articles of association of the afdc, the order and notifications regarding the transfer/vesting of fisheries to afdc and the language of sub-clause (c)(ii) of rule 8 of the fishery rules, we are of the considered view that the fisheries which have been transferred or vested with the afdc shall .be managed by the afdc and the state govt. ..... although the learned counsel appearing for the appellant have stated that no power is vested with the afdc to settle their fisheries there is no submission whatsoever that in view of the provisions contained in sub-clause (c)(ii) the corporation can not operate or manage the fisheries transferred to it by themselves, if the afdc can ..... heading of rule (c) as quoted above, shows development of fisheries and their consequence settlement and in sub-clause (c)(i) the management of such fisheries is vested with the director of fisheries for development (only), whereas under sub-clause (c)(ii) the registered fisheries are vested with the corporation for the purpose of its development and management. .....
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