Judgment Search Results Home > Cases Phrase: wild life protection act 1972 section 38k definitions Court: guwahati Page 11 of about 112 results (0.231 seconds)

Management of Food Corpn. of India Vs. Central Govt. Industrial Tribun ...

Court : Guwahati

..... the petitioner. the workmen in the present case have failed even to prove their continuous engagement under the corporation to be entitled to the protection of section 25f of the act. this assumes significance in face of the consistent and categorical stand of the corporation disowning them to be in its rolls as its employees ..... enterprise, the absence of direct relationship or the presence of dubious intermediaries or the make-believe trappings of detachment from the management cannot snap the real life-bond.25. the facts as obtained in the case in hand do not admit of the application of the profound legal proposition adumbrated in hussainbhais, (supra ..... gochaigaon depot were the permanent and regular staff of the corporation, they contended that their termination was in violation of section 25f and 25g of the act.7. the parties exchanged further pleadings, a reference thereof being considered unnecessary to avoid repetition of the facts. in the reference both the parties adduced evidence .....

Commissioner of Income-tax Vs. Dr. M.L. Agarwalla

Court : Guwahati

..... , the assessee, an air survey company, engaged in the business of survey, mapping, aerial photography and aero-magnetic photography claimed investment allowance under section 32a of the act in respect of aircraft radio purchased. the question before the high court was whether the activity and the use of aircraft radio in the aforesaid business would fall within ..... ground that the assessee in the aforesaid business does not manufacture or produce any article or thing as envisaged in section 32a(2)(b)(ii) of the act. the aforesaid assessment order under section 143(3) was reversed on appeal by the deputy commissioner of income-tax (appeals) and the learned tribunal also affirmed ..... of x-ray diagnosis since the assessment year 1981-82. for the assessment year 1989-90, the assessee claimed deduction under section 32a of the income-tax act, 1961, in respect of plant and machinery purchased and installed by him in the aforesaid business. the assessing officer rejected the claim of the assessee for .....

Smt. Khumanthem Ongbi Pangabam Ningol Ibemhal Devi Vs. State of Manipu ...

Court : Guwahati

..... state of west bengal : 1997crilj743 held (paras 44 and 45):44. the claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the protection of which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages ..... law procedures as also public law principles. it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action in ..... the applicant and the respondent but also the interests of the public as a whole with a view to ensure that public bodies or officials do not act unlawfully and do perform their public duties properly particularly where the fundamental right of a citizen under article 21 is concerned. law is in the process of .....

Dipak Kumar Chakraborty Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... . above was a case in which the writ petitioner remained unauthorisedly absent from duty. although the penalty of removal from service is prescribed in the railway protection force rules for such offence, the learned single judge held that unauthorized absence from duty would not entail severe penalty like dismissal or removal from service. however ..... be referred to which prescribe forfeiture of seniority and severe reprimand. section 50 speaks of combination of punishments. thus from the above provisions of the bsf act, it cannot be said that the petitioner has been imposed with impermissible punishments leading to double jeopardy.21. from the aforesaid provisions it will also be ..... imposed with the sentence as quoted above. thereafter, the petitioner made an appeal before the appellate authority as per the provision of section 117 of the bsf act, 1968. the appeal was disposed of and the same was communicated to the petitioner by annexure 13 communication dated 16.4.2004. as per the said .....

Commissioner of Income-tax Vs. Assam Plantation Crops Development Corp ...

Court : Guwahati

..... question, there was no question of computing its business income during the year and hence, there was no question of application of sections 70 and 71 of the act during the assessment year in question and only in the computation of business income, expenditure or set off of the loss from the income from business would arise. ..... would form part of the 'actual cost' of the assets to the assessee within the meaning of the expression in section 10(5) of the indian income-tax act, 1922, and whether the assessee would be entitled to depreciation allowances and development rebate with reference to such interest also. the supreme court noticed the statement on auditing ..... aspects of the matter directed the tribunal to refer the above questions for opinion of this court. accordingly, the tribunal referred the above questions under section 256(2) of the act for the opinion of this court. 6. we heard dr. a.k. saraf, learned special counsel appearing on behalf of the revenue, and dr. b.p. todi .....

Deepak Kumar Poddar Vs. State of Assam and ors.

Court : Guwahati

Reported in : (2010)31VST8(Gauhati)

..... meaning of the said word by reference to its everyday/common use and by its dictionary meaning. there can be no dispute that production denotes bringing something into life or existence by human effort. such human effort, naturally, has to be on something already existing, though it is not impossible to visualize production of goods ..... meaning of the word and introduce a deeming provision by which the word can have a wider meaning. the definition of 'manufacture' in section 2(22) of the act comprehends within its sweep an article which could be the result of a production process or the making, extracting, altering, ornamenting, blending, finishing, processing, treating or ..... -general, assam appearing for the respondents.8. dr. saraf, learned senior counsel for the appellant/writ petitioner, has submitted that under section 9(4) of the act exemption is to be granted on purchase of raw materials and also on the sale of the manufactured/ finished goods by an eligible unit. referring to the sales .....

Bibijan Begum Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1990)32ITD157(Gau.)

..... according to the hon'ble supreme court in the case of kale v. dy director of consolidation air 1976 sc 807, the object of such family arrangement is to protect the family from long drawn litigation or perpetual which mar the unity and solidarity of the family etc. in fact, it was further observed at page 812 that presently ..... .o. in the case of nawazish all khan [1948] apc 134, the judicial committee while recognising the peculiarities in the muslim law in the matter of creation of life estate and a reminder, expressed the view that muslim law does recognise and insist upon a distinction between the corpus of the property itself and the usufruct in the property ..... took, the intention of the lady was that each grandchild should take a definite share in the properties. it was held that section 9(3) of the income-tax act, 1922, was applicable and the share of the grandchildren being definite and as cartainable, they could not be assessed as an association of persons.19. thus, from whatever .....

Dipak Paharia Vs. State of Assam

Court : Guwahati

..... against him as evidence in relation to his complicity in, the offence at the trial, that is to follow, he should also, in plain language, be assured of protection from any sort of apprehended torture or pressure from such extraneous agents as the police or the like in case he declines to make a statement and be given the ..... vital parts of the body, such as, neck. all these factors, when taken together, leave no room for doubt that the accused intended to bring complete end to the life of his victim and the accused did succeed. situated, thus, we find that the accused did commit the offence of murder punishable under section 302 ipc. we, therefore, hold ..... the court to be involuntarily made, that is, if the confession appears to have been caused by inducement, threat or promise, as envisaged by section 24 of the evidence act, then, the question of entering into the determination of the question of truthfulness of the confession does not arise at all. in other words, if a confession appears to .....

Abdul Hasim (Md) Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... that he owes allegiance to the sovereignty, unity and integrity of india. this is how, the sovereignty of india is being protected by the authorities.37. as per section 9 of the foreigners act, 1946 burden of proof as to whether any person is or is not a foreigner or is or is not a foreigner ..... as stated in the governor's report, has led to insurgency in assam. insurgency is undoubtedly a serious form of internal disturbance which causes grave threat to the life of people, creates panic situation and also hampers the growth and economic prosperity of the state of assam though it possesses vast natural resources.38. this being the ..... and internal disturbance on account of large scale illegal migration of bangladeshi nationals. it, therefore, becomes the duty of union of india to take all measures for protection of the state of assam from such external aggression and internal disturbance as enjoined in article 355 of the constitution. having regard tot his constitutional mandate, the question .....

Shri Surendra Narayan Sukual Vs. Hirendra Chandra Chakravorty and ors.

Court : Guwahati

..... ext.-8 executed in 1946 i.e. on 28-6-46 and the tenant making permanent constructions on the land under previous lease was not entitled to get protection from eviction under the act.13. against the above appellate court's judgment and decree, the defendants no. 1 and 2 as appellants preferred two separate second appeals being s.a. ..... in the instant case that the existing houses were constructed within 5 years from the original lease or subsequent lease and that being the position, no protection from eviction under section 5 of the act was available to the defendant no. 1.34. the appellate court having received the case on remand from the high court, after careful consideration ..... delving upon this key point placed before us, it would be prudent and apt to refer to section 5(1)(a) of the act including the second proviso thereto which reads as follows:5. protection from eviction:(1) notwithstanding anything in any contract or in any law for the time being in force-(a) where under the terms of .....