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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: guwahati Year: 2000 Page 1 of about 64 results (0.028 seconds)

Aug 09 2000 (HC)

Dr. Samir Kr. Das Vs. Aparna Das @ Tripti Das

Court : Guwahati

Decided on : Aug-09-2000

..... clause (a) of section 10(1) which was in identical term. in mulla's hindu law, 15th edition at page 793 onwards, mulla has summarised the law and principle of desertion. the expression desertion in the context of matrimonial law represents a legal conception and is one very difficult to define. the essence of desertion ..... in bank.' the objection of the husband-petitioner was that the maintenance of the daughter does not come within the purview of section 24 of the hindu marriage act. as such, on the basis of that clear position the maintenance of the daughter is unwarranted in the state of the proceeding. ..... decisions with regard to the cruelly and they are: (i) air 1988 sc 121 (shobha rani v. madhukar reddi). this is adecision on cruelty under the hindu marriage act and this decision does not help the appellant. (ii) 1997 (iii) glt 292 (monoranjan dutta v. smti. shibani dey] wherein a division ..... ground of desertion of the appellant (husband) by the respondent-wife. 2. the brief facts are as follows :- the parties were married according to hindu rites on 8-3-1980. it was a marriage by negotiation. the plaintiff-respondent is a doctorand the defendant-wife was a science graduate. a daughter ..... be irretrievably broken (a).' 10. in this case, we must bear in mind section 23 of the hindu marriage act. the initial words of the section adopt the well-established principle of matrimonial law that decrees of dissolution of marriage are to be made only upon strict proof. the proceedings under the .....

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Aug 09 2000 (HC)

Dr. Samir Kr. Das Vs. Aparna Das @ Tripti Das

Court : Guwahati

Decided on : Aug-09-2000

..... clause (a) of section 10(1) which was in identical term. in mulla's hindu law, 15th edition at page 793 onwards, mulla has summarised the law and principle of desertion.the expression desertion in the context of matrimonial law represents a legal conception and is one very difficult to define. the essence of desertion ..... in bank.' the objection of the husband-petitioner was that the maintenance of the daughter does not come within the purview of section 24 of the hindu marriage act. as such, on the basis of that clear position the maintenance of the daughter is unwarranted in the state of the proceeding. the ..... decisions with regard to the cruelly and they are:(i) air 1988 sc 121 (shobha rani v. madhukar reddi). this is adecision on cruelty under the hindu marriage act and this decision does not help the appellant.(ii) 1997 (iii) glt 292 (monoranjan dutta v. smti. shibani dey] wherein a division bench ..... the ground of desertion of the appellant (husband) by the respondent-wife.2. the brief facts are as follows :-the parties were married according to hindu rites on 8-3-1980. it was a marriage by negotiation. the plaintiff-respondent is a doctorand the defendant-wife was a science graduate. a ..... be irretrievably broken (a).'10. in this case, we must bear in mind section 23 of the hindu marriage act. the initial words of the section adopt the well-established principle of matrimonial law that decrees of dissolution of marriage are to be made only upon strict proof. the proceedings under the .....

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May 02 2000 (HC)

Satradhikar, Bengana-ati Vs. State of Assam and ors.

Court : Guwahati

Decided on : May-02-2000

..... which have been cited by the learned counsel for the parties. learned counsel for the petitioners referred to air 1998 madras 76, vedantha sthapana sabha, nanganallur v. the commissioner, hindu religious and charitable endowments (admn.) department and anr., sri vedantha sthapana sabha, out of the collections from the members of the sabha, founded a temple. the sabha was registered ..... at once. so far as administration of its property is concerned, the right of a religious denomination is to be exercised in 'accordance with law', but there is no such qualification in clause (b). in the commissioner, hindu religious endowments, madras v. lakshmindra thirtha swamiar of shirur mutt, 1954 scr 1005, at p. 1023, 1026, this distinction was pointed out ..... ; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law.' 20. the case of the petitioner that it is a religious institution or denomination practising and propagating vaisnavite faith of hindu religion through the medium of dance, drama, kirtan and other related activities, is neither denied nor is in dispute. ..... in the matters of religion or to administer its property in accordance with law, has been explained in paragraph 33 making a clear distinction between the religious and secular activities of a religious denomination. reliance has also been placed upon the decision in the case of commr., hindu religious endowments, madras (supra). while considering such matters, a caution is .....

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Jun 09 2000 (HC)

Cit Vs. India Carbon Ltd.

Court : Guwahati

Decided on : Jun-09-2000

..... the revenue, submitted that the two questions referred to above arose out of the order of the tribunal and are/were pure questions of law but the tribunal erroneously refused to refer the same in a most illegal fashion. the learned counsel strenuously argued that the two questions mentioned ..... the learned tribunal upon hearing the parties rejected the application holding that the questions referred to above were not questions of law arising out of such order and, accordingly, rejected the application. hence, this application.4. mr. k.p. sarma, the learned senior counsel appearing ..... of interest amounting to rs. 8,50,000 made by the assessing officer ?"3. the revenue contended that the aforesaid questions were pure questions of law and, accordingly, prayed before the tribunal to draw up a statement and refer the case before the high court. the assessee opposed the application. ..... application before the tribunal under section 256(1) of the act requiring the tribunal to refer to the high court the following two questions of law:"1. whether, on the fact sand in the circumstances of the case, the tribunal is justified in holding that there is no nexus between the ..... the income tax act, 1961 (hereinafter referred to as 'the act'), requiring the tribunal to state the case and refer the two questions of law enumerated in their application under section 256(1) of the act before the tribunal, gauhati bench, which was finally turned down by the tribunal. the .....

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Jun 09 2000 (HC)

Commissioner of Income-tax Vs. India Carbon Ltd.

Court : Guwahati

Decided on : Jun-09-2000

..... the revenue, submitted that the two questions referred to above arose out of the order of the tribunal and are/were pure questions of law but the tribunal erroneously refused to refer the same in a most illegal fashion. learned counsel strenuously argued that the two questions mentioned above ..... learned tribunal upon hearing the parties rejected the application holding that the questions referred to above were not questions of law arising out of such order and accordingly rejected the application. hence, this application.4. mr. k. p. sarma, learned senior counsel appearing on ..... interest amounting to rs. 8,50,000 made by the assessing officer ?'3. the revenue contended that the aforesaid questions were pure questions of law and accordingly prayed before the tribunal to draw up a statement and refer the case before the high court. the assessee opposed the application. the ..... application before the tribunal under section 256(1) of the act requiring the appellate tribunal to refer to the high court the following two questions of law : '1. whether, on the facts and circumstances of the case, the tribunal is justified in holding that there is no nexus between the ..... under section 256(2) of the income-tax act, 1961, requiring the tribunal to state the case and refer the two ques-tions of law enumerated in their application under section 256(1) before the income-tax appellate tribunal, gauhati bench, which was finally turned down by the tribunal. .....

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Sep 12 2000 (HC)

Tarajuli Tea Estate Vs. Presiding Officer, Labour Court and anr.

Court : Guwahati

Decided on : Sep-12-2000

..... these decisions are also based on the facts found in those cases. they have, therefore, to be confined to those facts. hence the position in law as it obtains today is that a person to be a workman under the industrial disputes act must be employed to do the work of any of ..... clerical, supervisory or technical and two-judge bench decisions which have been referring to one or the other of the said three decisions have reiterated the said law. as against this, we have three three judge & bench decisions which have without referring to the decisions in may baker, wimco and burmah shell cases ..... the learned advocate for the petitioner relied on paragraphs 19, 20, 31 and 32, these are not necessary to be discussed in view of the position of law as indicated above. 12. in 1995-i-llj-303 (supra) the supreme court pointed out as follows at page 312 : 'we thus have three three ..... court will take the facts found by the tribunal to be correct. the status of a workman has to be inferred as a matter of law from facts found and if the question involved is one of drawing a legal inference as to the status of a party from facts found that ..... out as follows: '(b) industrial disputes act (1947), section 15 - bank (sastri) award - construction -special allowance to supervisor - workman whether supervisor is mixed question of law and fact - clerks doing work of checking in audit department held not supervisors -constitution of india, article 136 - all india industrial tribunal (bank) disputes award, para-164, .....

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Sep 12 2000 (HC)

Manager, Tarajuli Tea Estate Vs. Presiding Officer, Labour Court and a ...

Court : Guwahati

Decided on : Sep-12-2000

..... these decisions are also based on the facts found in those cases. they have, therefore, to be confined to those facts. hence the position in law as it obtains today is that a person to be a workman under the id act must be employed to do the work of any of the ..... clerical, supervisory or technical and two-judge bench decisions which have be referring to one or the other of the said three decisions have reiterated the said law. as agr.inst this, we have three three-judge bench decisions which have without referring to the decisions in may & baker, wimco and burmah shell ..... the learned advocate for the petitioner relied on paragraphs 19, 20, 31 & 32, these are not necessary to be discussed in view of the position of law as indicated above.13. in 1994 (5) scc page-752 (supra), in paragraph 24 the supreme court pointed out as follows:-'we thus have three -judge ..... court will take the facts found by the tribunal to be correct. the status of a workman has to be inferred as a matter of law from facts found and if the question involved is one of drawing a legal inference as to the status of a party from facts found that ..... out as follows :- '(b) industrial disputes act (1947), section 15 - bank (sastri) award -construction - special allowance to supervisor - workman whether supervisor is mixed question of law and fact - clerks doing work of checking in audit department held not supervisors - constitution of india, article 136 - all india industrial tribunal (bank) disputes award, para-164, .....

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Apr 18 2000 (HC)

State of Tripura Vs. Smt. Anita Barman and ors.

Court : Guwahati

Decided on : Apr-18-2000

..... award can not be validated by the court on the ground that it is the state authority who had themselves referred the matter to the arbitrator. the law of estoppel, acquiescence will not apply as this will tantamount to negation of the contract. hence had the terms of the contract been rewritten, the situation ..... price of any material, not being a material supplied from the store and of increased in wages of labour as a direct result of any change in law or statute provided such increase exceeds 10% of the price and wages prevailing on the date of issue of works-order. clause 10(c) also provides ..... before we scan the provisions relating to arbitration and the limitations thereon imposed under clause 10(c), it would be of convenience to refer in brief to the case laws cited at the bar. the decision in rajasthan state mines & minerals ltd. v. eastern engineering enterprises, (1999) 9 scc 283 : (air 1999 sc 3627) ..... of tender for the work minus ten per cent thereof and the prices of materials and/or wages of labour on the coming into force of such law, statutory rule or other.the contractor shall for the purpose of this condition keep such books of account and other documents as are necessary to show ..... stores in accordance with clause 10 hereof) and/or labour engaged on the execution of the work after the date of coming into force of such law, statutory rule or order be entitled to deduct from the dues of the contractor such amount as shall be equivalent to difference between the prices of .....

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Nov 28 2000 (HC)

Dipankar Bhattacharjee Vs. State of Assam and ors.

Court : Guwahati

Decided on : Nov-28-2000

..... constitution. 22. in the result, we hold that the constitution of the managing committee vide annexure - f dated 16.3.1999 is bad in law as it amounts to interference in the administration of minority institution. the constitution of the committee vide annexure-f is therefore set aside and the inspector ..... 1977(7) scc 84,wherein the apex court while considering the effect of the circulars issued under the central excise act held : 'from the case law it is clear that apart from the fact that the circulars issued by the board are binding on the department, the department is precluded from challenging ..... and in view of the provisions of article 166 read with rule 12 of the rules for executive business, these documents had no force of law in the sense that there were not issued in the name of the governor and, as such, by virture of these two letters it cannot ..... be invalidated for this omission on the ground of arbitrariness.' 8. after referring to its earlier decision, the apex court, further, held that unless the law expressly or by necessary implication includes (sic, excludes) the application of the rule of natural justice; courts will read the said requirement in an enactment ..... into it to ensure fairness and to protect the action from the charge or arbitrariness. natural justice has thus secured a foothold to supplement enacted law by operating as an implied mandatory requirement thereby protecting it from the vice of arbitrations. courts presume this requirement in all its width as .....

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Feb 25 2000 (HC)

Sailen Konwar Dutta and Etc. Etc. Vs. Satya Capital Services (P) Ltd., ...

Court : Guwahati

Decided on : Feb-25-2000

..... machinery of the respondents could not be excluded. it is thus submitted that opening of the tenders of the petitioner-respondents in absence of other tenderers is also bad in law and in violation of condition of tender notice. 14. learned counsel for the respondents submits that in case the first ground urged by the appellants is accepted there would be ..... been urged by the appellants about opening of the tenders of the respondents on 20-11-99 without individual notice to the other tenderers, it is submitted, is against the law. in this connection. condition no. 26 of the tender notice has been referred to as referred to earlier also to indicate that tenderers have a right to be present at .....

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