Judgment Search Results Home > Cases Phrase: vest Sorted by: recent Court: guwahati Page 1 of about 3,349 results (0.017 seconds)

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

Court : Guwahati

..... . the appointment of the lokayukta, under the bihar lokayukta act, 1973 and held that ordinarily when a power is vested even by virtue of a statute in the governor he must act in accordance with the aid and advice tendered to him by the council of ministers for the simple reason that he does not cease to be an executive head as mentioned ..... secretary, manipur legislative assembly and others [air 2002 gauhati 7] as under: 13 the powers to consider or to reject a motion for removal of the speaker from his office did not vest in the speaker but in the legislative assembly under article 179 and 181 of the constitution... ..... [86] as has been held by our own high court in nipamacha singh (supra), the speaker in rejecting motion in notice of petitioners for removal of speaker from office exercising jurisdiction not vested on him but in legislative assembly and had violated constitutional rights of the petitioners ..... . under article 154 of the constitution, the executive powers of the state are vested in the governor which may be exercised by him either directly, or through officers subordinate to him, in accordance with the provisions of the ..... making power, and all powers and functions of the governor, except his legislative power, as also for example, under article 213, which state that ordinance-making powers are executive powers of the union, vested in the president under article 53(1) in one case, and are executive powers of the state vested in the governor under article 154(1) in the other case .....

M/s. Vijay Industries A Partnership Firm Represented by Partner Ajay B ...

Court : Guwahati

..... it the intent of the legislature had been to vest jurisdiction solely on account of accessibility of plaintiffs website at the place of suing, then the same would have been expressly provided for, especially keeping in mind plaintiffs submissions that the legislature has recognized new media on ..... written statement would be wholly irrelevant at that stage, therefore, a direction to file the written statement without deciding the application under order 7 rule 11 cpc cannot but be procedural irregularity touching the exercise of the jurisdiction vested in the court as well as procedural irregularity. ..... the said provision goes beyond the normal rules laid down in the cpc for vesting jurisdiction in courts. ..... viewed thus, it is clear that the impugned order is a refusal to exercise jurisdiction vested in the court. .....

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. .....

The Director General and ors. Vs. Ghanashyam Vishwakarma

Court : Guwahati

..... 5000- 8000/per month for the post of overseer cannot vest any right to the respondent. 5. .....

Md. Isab Ali Eusuf Ali Vs. the State of Assam.

Court : Guwahati

..... apparently, charge under section 302 read with section 109 ipc vest on different substantive offence. .....

M/S Mega Kleen Vs. Union of IndiA.

Court : Guwahati

..... ( 97 ) from the decisions given in ajay hasia (supra), mohinder sain gard (supra) and chintaman rao (supra), it is abundantly clear that the possibility of misuse of power in any selection process or vesting of unguided discretion in any authority, entrusted with the responsibility of making selection, is a factor, which cannot be ignored and in a given case, if the possibility of misuse of such a power or discretion becomes ..... in view of what have been observed above, in sumeet enterprises (supra), it becomes abundantly clear that the possibility of misuse of power in any selection process or vesting of unguided discretion in any authority, entrusted with the responsibility of making selection, is a factor, which cannot be ignored and if, in a given case, the possibility of misuse of such a power or discretion becomes ..... also show that this court has answered the issue as to whether the note vested, in the railway authorities, such discretion, which had no parameters and could be ..... as the said note has given the nf railway not only unlimited, uncontrolled and unguided power in making selection of the person for allotment of development/trial order, but also vested in the nf railway such discretion, which, being wholly unguided, could be exercised arbitrarily. 81. ..... 2009, having laid no selection criterion, did, as a matter of fact, vest in the respondents/authorities concerned, wholly arbitrary power, which was impermissible in law and, no selection, on the basis of such a note .....

Commissioner of Income-tax Vs. Williamson Tea (Assam) Ltd. (Formerly G ...

Court : Guwahati

Reported in : [2009]319ITR368(Gauhati)

..... the scheme of the income-tax act in so far as it pertains to the appeals to various fora discussed above leads us to the inference that parliament did not intend to vest any discretion on the high court to admit appeal presented beyond the period of limitation specified under the act under section 260a sub-section (2)(a), i.e. .....

Harez Ali and anr. Etc. Vs. State of Assam and ors. Etc.

Court : Guwahati

Reported in : AIR2009Gau132

..... at the cost of repetition, we pronounce that procedures prescribed in sub-rule (5) and sub-rule (7) of rule 47 of the assam panchayat (financial) rules, 2002, for opening, processing and settling of the tenders cannot vest the zilla parishad with the power to invite tenders, for settlement of hats, ferries and fisheries, within its territorial jurisdiction.21. ..... nowhere in chapter vii, the zilla parishad has been vested with the powers of issuing settlement order in respect of such hats, ferries and fisheries.the act vests powers of initiating the process of settlement by inviting tenders with the anchalik panchayat only ..... of assam, single bench of this court, while deciding the jurisdiction of anchalik panchayat and zilla parishad in respect of settlement of hats, ferries and fisheries, held that the power of settlement of hats, public ferries and fisheries vests with the anchalik panchayat irrespective of its sale value. ..... the powers of examination and final acceptance of such tenders shall be vested in the standing committee as under section 81(i)(a). ..... the powers of examination and final acceptance of such tenders shall be vested in the standing committee referred to in section 52(i)(a). ..... the powers of examination and final acceptance of such tenders shall be vested in the standing committee as under section 81(1)(a). ..... on plain reading of sub-section (6) it is obvious that power to settle hats of value of more than one lakh vests in zilla parishad. ..... 1,00,000/- vests with the zilla .....

Madan Kumar and anr. Vs. State of Assam

Court : Guwahati

..... 2) found from the place of occurrence and a blood stained vest which was found in the wearing of singha ram.27. p.w. ..... 2 is the vest of singha ram.34. .....

Hemanta Bhattacharjee and ors. Vs. State of Assam and ors.

Court : Guwahati

..... the special recruits, in their counter, in the appeal, dismissed the challenge as utterly untenable, contending that mere inclusion of the names of the direct recruits in the select list did not vest them with any indefeasible right of prior appointment. ..... their lordships propounded that as the rules vest the commission with the power to hold the competitive examination and to select suitable candidates on the criteria fixed by it, the state government or the high level committee cannot issue any direction to the it for making .....