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Kirit Bikram Kishore Deb Barman Vs. State of Tripura and ors.

Court : Guwahati

..... - (1) as from the commencement of this constitution -(1) all property and assets which immediately before such commencement were vested in any indian state corresponding to a state specified in part b of the first schedule shall vest in the union, if the purposes for which such property and assets were held immediately before such commencement will thereafter be purposes of the union relating to any of the matters enumerated in the union list, and(2) ..... in view of the merger agreement, the entire land situated in the state of tripura were transferred and vested with the state of union of india except the private properties for which the maharaj a submitted the inventory. ..... the facts of the present case are altogether different and the khas land vested with the state prior to coming to the force of 1960 act and as a matter of fact, land reforms act was enacted for public purpose. ..... that the khas lands are the government lands and as per the merger agreement, these were allowed to be returned by the appellant as an intermediary and after the enactment of the 1960 act, the land came to vested with the state and thereafter ceiling proceedings were initiated in accordance with law. ..... court held that a fresh notification in terms of section 4 of the act is necessary to vest in the state government underground rights of the lessees and sub-lessees13. ..... 203, 204 and 205 were vested in the government under section 134(1) of the said act vide order dated 14.11.1961. .....

Khrushed Ali Vs. Altab Ali and ors.

Court : Guwahati

..... has further contended that since the gift of property made in favour of the appellant/plaintiff by way of registered deed (exhibit-1) is a valid gift under the mahomedan law, the title in respect of the entire 'ka' schedule land vest on the appellant/plaintiff and, therefore, the learned courts below ought to have passed the decree of recovery the khas possession in respect of 'ga' scheduled land, the same being part of the 'ka' schedule land, as there cannot ..... /plaintiff, by the register deed dated 20.04.1960 (exhibit-1), in his favour constitute a valid gift under the mahomedan law and hence right, title and interest in respect of the property gifted away by the said gift vest on the appellant/plaintiff. .....

State of Mizoram Vs. Ramengmawia

Court : Guwahati

..... a careful analysis of the provisions of section 229 cr.pc makes it clear that though there is no legal impediment, on the part of the court of sessions, to convict a person on his own plea of guilt, discretion does vest in the court to convict or not to convict an accused based entirely on his plea of guilt. ..... why he adopted the course of convicting the accused on his own plea, and it seems to me clear from the judgment that the learned judge gave the matter much consideration and acted as he thought for the vest in the circumstances of some novelty. .....

Government of Manipur Vs. R.K. Lukhoisana Singh S/O Khurailakpa of Yai ...

Court : Guwahati

..... this contention appears to be quite weighty because clause (d) specifically enjoins that the provincial government can vest powers in its servants belonging to non-excise departments only in reference to the powers given and duties assigned to any officer of the excise department under clause (c). ..... since in the instant case the chief commissioner happened to vest sub-inspectors of police with powers under the act not in the manner provided by section 8, that investiture is not valid in law.5. ..... obviously, if the officers are not appointed to the excise department or powers are not vested in . .....

Rajendra Singh Vs. Superintendent of Taxes and ors.

Court : Guwahati

..... therefore, in the interest of the revenue of the state and in exercise of the powers vested under section 21 of the tripura sales tax act, 1976, i would like to re-examine the books of accounts of the dealer for the period from 1976-77 to 1978-79, ending on march 31. ..... it is because the officer has exercised the quasi-judicial power vested in him in accordance with law and arrived at a conclusion and such a conclusion cannot be termed to be erroneous simply because the commissioner does not feel satisfied with the conclusion. ..... as may be conferred and perform such duties as may be required by or under the act the superintendent of taxes by virtue of power delegated to him by a notification under section 43 of the act read with the relevant rules has been vested with the power to make an assessment under section 9. ..... under the act, all powers are vested in the commissioner, who is empowered under section 43 of the act to delegate the same to any person appointed under sub-section (1) of section 4 to assist him. ..... but that by itself will not be enough to vest the commissioner with the power of suo motu revision because the first requirement, namely, that the order is erroneous, is absent. ..... that would not vest the commissioner with power to re-examine the accounts and determine the turnover himself at a higher figure. .....

Assam Apex Handicraft and Marketing Co-operative Society Ltd. and anr. ...

Court : Guwahati

Reported in : AIR2000Gau35

..... as indicated earlier, whatever part of the consequences remains after the order taking effect is that formally the society ceases to exist as a corporate body and vests in the liquidator, rest of the adverse consequences have happened before order taking effect in the sense it is indicated under sub-sections (4), (5) and (6) of section ..... effect of the order passed is that the whole charge is taken by the liquidator and on coming into force of the order the society ceases to exist and vests in the liquidator such consequences impel us to read a provision of providing an opportunity of hearing in the section itself providing for cancellation of registration. 15. ..... thus the last formality of merging of the society or the society ceasing to exist and vesting in the liquidator, remains, rest of the consequences take effect immediately on passing of the ..... therefore, the registrar of co-operative societies exercised his power vested under section 65(2) (iv) of the act, and cancelled the registration of the assam apex handicraft & marketing cooperative ..... see that the consequence of taking effect of the order of cancellation of registration is that the society ceases to exist as a corporate body, but it vests in the liquidator. ..... order of cancellation taking effect the society ceases to exist as a corporate body and it vests in the liquidator. ..... the cancellation of the registration of a society takes effect, the society shall cease to exist as a corporate body, but shall vest in the liquidator. .....

M/s. Parle Biscuits Ltd. and Another Vs. The State of Assam Represente ...

Court : Guwahati

..... it is because the officer has exercised the quasi judicial power vested in him in accordance with law and arrived at a conclusion and such a conclusion cannot be termed to be erroneous simply because the commissioner does not feel satisfied with the conclusion. ..... but that by itself will not be enough to vest the commissioner with the power of suo motu revision because the first requirement, namely, that the order is erroneous, is absent. ..... that would not vest the commissioner with power to re-examine the accounts and determine the turnover himself at a higher figure. .....

Assam Apex Handicraft and Marketing Co-operative Society Ltd. and anr. ...

Court : Guwahati

..... as indicated earlier, whatever part of the consequences remains after the order taking effect is that formally the society ceases to exist as a corporate body and vests in the liquidator, rest of the adverse consequences have happened before order taking effect in the sense it is indicated under sub-sections (4), (5) and (6) of section ..... effect of the order passed is that the whole charge is taken by the liquidator and on coming into force of the order the society ceases to exist and vests in the liquidator such consequences impel us to read a provision of providing an opportunity of hearing in the section itself providing for cancellation of registration. 15. ..... thus the last formality of merging of the society or the society ceasing to exist and vesting in the liquidator, remains, rest of the consequences take effect immediately on passing of the ..... therefore, the registrar of co-operative societies exercised his power vested under section 65(2) (iv) of the act, and cancelled the registration of the assam apex handicraft & marketing cooperative ..... see that the consequence of taking effect of the order of cancellation of registration is that the society ceases to exist as a corporate body, but it vests in the liquidator. ..... order of cancellation taking effect the society ceases to exist as a corporate body and it vests in the liquidator. ..... the cancellation of the registration of a society takes effect, the society shall cease to exist as a corporate body, but shall vest in the liquidator. .....

Mahmadul Haque Laskar Vs. State of Assam and ors.

Court : Guwahati

..... the constitution to the extent that it incorporates article 243-o imposing bar, in such matters, on the jurisdiction of the high court, under article 226, shall be unconstitutional and void inasmuch the power of judicial review vested in the high courts under article 226 forms part of the basic structure of the constitution and it cannot be taken away by way of an amendment of the constitution based on simple majority in parliament without ratification ..... of elections to either house of parliament or either house of legislature of a state, the election of speaker can be challenged/brought before the high court inasmuch while enacting the law, as per the freedom vested in the appropriate legislature, the representative of peoples act chooses to keep the elections to the office of the speaker and deputy speaker out of the purview of the said act. ..... laws to constitute an authority to look into such disputes, then, except for the class of disputes in respect of which the state legislature, by making law, vests powers in such authority, the remaining disputes can be raised before any other competent court, notwithstanding the fact that panchayat election tribunal exists. ..... the case at hand, the state legislature, as indicated hereinabove, with the help of its enactment, namely, assam panchayat act, 1994, has chosen to vest in panchayat election tribunals, constituted under section 127, the power to dispose of election petitions relating to, and arising out of 'direct' elections to the .....

Union of India (Uoi) Vs. Chungnunga and anr.

Court : Guwahati

..... 'therefore, it has been rightly submitted by the learned lawyer of the petitioner that on confiscation the goods that were seized by the customs have been vested in the central government and the officer adjudging confiscation is the rightful authority to take and hold possession of the confiscated goods. 11. ..... thereafter a petition was addressed to adm, aizawl with prayer to release of the arms and ammunitions and return them to customs department as on confiscation these have been vested in the union of india on the strength of section 126 of the customs act, 1962. ..... --(1) when any goods are confiscated under this act such goods shall thereupon vest in the central government. ..... on confiscation, property to vest in central government. .....