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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: guwahati Page 11 of about 119 results (0.024 seconds)

Feb 01 2007 (HC)

Miehlo Manasia Vs. State of Mizoram and ors.

Court : Guwahati

..... special provision for right to vote by such non-elected members.from the above provisions of the constitution we find that specific provisions have been made in respect of btc, municipalities and panchayats, to either provide for or to deny voting rights to non-elected members of the aforesaid democratic institutions. therefore, in the context of the decisions cited on behalf ..... appellant has cited the following decisions in support of his contentions:i) supreme court advocates on record association v. union of india : air1994sc268 .ii) s.r. choudhary v. state of punjab : air2001sc2707 .iii) a.n. sehgal v. raje ram sheoran : (1991)iillj50sc .iv) dwarka prasad v. dwarka das saraf : [1976]1scr277 .v) s. sundaram pillai v. v.r. pattabiraman : [1985] ..... mr. phookan, the learned senior counsel representing the respondent no. 3 has drawn the attention of this court to the provisions incorporated in respect of btc by the constitution (amendment) act, 2003 to insert a proviso to sub-paragraph (1) of paragraph 2 of the sixth schedule to the constitution. the amendment is extracted below:provided that the bodoland territorial council ..... his 'discretion' after consulting the council of ministers. but, unlike the governor functioning as a constitutional head, the governor while exercising powers under paragraph 20 bb is not required to act as per the aid and advice of the council of ministers.6. the govt. of mizoram did not file any counter affidavit in the case but produced the government records .....

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Apr 10 1989 (TRI)

Bibijan Begum Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

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

..... k 13 lechas of land at dispure. according to him none else can have any claim in the aforesaid land. he pointed out that the gauhati municipality issued a permission by order dated 3-1-78 exclusively to the assessee to construct 8th storey building on the aforesaid land and accordingly the foundation for the ..... must have antecedent title, claim or interest even a possible claim in the property which is acknowledged by the parties to the settlement.11. the hon'ble punjab and haryana high court in the case of cit v.narain doss wadhwa [1980] 123 itr 281 had the occasion to deal with similar arrangements effected ..... 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, ..... i.e. the lady for the purpose of construction shall borrow money from any source and take advance securities from the parties, tenants, etc. and such acts would be binding on the other signatories to the deed who would have no objection in finalising terms of the loans etc. it is seen that the ..... been no actual delivery, there was no valid gift in the eye of mohammedan law. this stand was not accepted as section 3 of the gift-tax act charges a tax in respect of the gift, in that allahabad case, the tribunal held that on a correct appreciation of the mohammedan law there was .....

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Aug 05 2010 (HC)

The Assam State Electricity Board Pensioners' Association Vs. the Assa ...

Court : Guwahati

..... continued drudgery through life. it has a much ideal meaning which includes right to livelihood, better standard of life, hygienic conditions in workplace and leisure. in olga tellis v. bombay municipal corporation, 1985(3) scc 545, this court held that no person can live without the means of living i. e. means of livelihood. if the right to livelihood is not ..... grant medical reimbursement to the retired employees of the bank. the apex court in its authoritative pronouncement dealing with the issue of medical reimbursement in the matter of state of punjab and ors. v. ram lubhaya bagga and ors. (1998) 4 scc 117 observed as under: "22. so far as questioning the validity of governmental policy is concerned in our view ..... obligation of paying at the rate fixed by the director. the words are; to the level of expenditure as per the rate fixed by the director, health and family welfare, punjab for a similar treatment package or actual expenditure which ever is less26. no state or any country can have unlimited resources to spend on any of its project. that is ..... and anr. v. sri r. vivekananda swamy air 2008 sc 2080, where it was held that:"it, however, goes without saying that while exercising such a power, the authority must act judiciously keeping in mind the purport and object thereof. considerations there for, although may not partake a mathematical exactable but should always be fair and reasonable. although it may not .....

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May 06 2011 (HC)

M/S Mega Electricals Vs. Assam State Electricity Board and ors.

Court : Guwahati

..... ).air 1988 sc 2035 (m/s prestress india corporation -vs- up state electricity board and ors.)iv).air 2000 sc 2272 (m/s monarch infrastructure (p) ltd. -vs- commissioner, ulhasnagar municipal corporation & ors.)v).(2002) 2 scc 475 (food corporation of india -vs- sn nagarkar)vi).(2002) 2 scc 617 (air india ltd. -vs- cochin international airport ltd.)vii).air 1988 ..... cited by mrs. sharma in support of her contentions require examination. .in rameshwar and others (supra), the supreme court found the law stated in ramji lal -vs- state of punjab (air 1986 punjab 374 fb) sound, wherein the court held as thus,"courts do very often take notice of events that happen subsequent to the filing of suits and at times even ..... would be futile exercise in absence of the order dated 10.02.2010 challenged by the petitioner. vivekanand shiksha samiti (supra) relates to haryana private colleges (taking over the management) act (26 of 1978) wherein the court held that even if the order passed on 1.10.1991 and 30.08.1991 was not under challenge in the writ proceeding and .....

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May 06 2011 (HC)

Mega Electricals Vs. Assam State Electricity Board

Court : Guwahati

..... ).air 1988 sc 2035 (m/s prestress india corporation -vs- up state electricity board and ors.) iv).air 2000 sc 2272 (m/s monarch infrastructure (p) ltd. -vs- commissioner, ulhasnagar municipal corporation and ors.) .v).(2002) 2 scc 475 (food corporation of india -vs- sn nagarkar) .vi).(2002) 2 scc 617 (air india ltd. -vs- cochin international airport ltd.) vii).air ..... cited by mrs. sharma in support of her contentions require examination. in rameshwar and others (supra), the supreme court found the law stated in ramji lal -vs- state of punjab (air 1986 punjab 374 fb) sound, wherein the court held as thus, "courts do very often take notice of events that happen subsequent to the filing of suits and at times even ..... would be futile exercise in absence of the order dated 10.02.2010 challenged by the petitioner. vivekanand shiksha samiti (supra) relates to haryana private colleges (taking over the management) act (26 of 1978) wherein the court held that even if the order passed on 1.10.1991 and 30.08.1991 was not under challenge in the writ proceeding and .....

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Mar 27 2009 (HC)

Chitta Ranjan Kar Vs. State of Tripura and ors.

Court : Guwahati

Reported in : AIR2009Gau94

..... or has caused, grave miscarriage of justice. it is essentially the principle behind the doctrine of 'actus curiae neminum gravabit', has made the court hold, in municipal board pratapgarh (supra), that when a court corrects and rectifies an error, what it restores is the rule of law and not defeat it'.29. in ..... air 1979 sc 1047, the apex court has made the pertaining observation:it is true as observed by this court in shivdeo singh v. state of punjab air 1963 sc 1909 that there is nothing in article 226 of the constitution to preclude a high court from exercising the power of review which inheres ..... for restoration/re-admission of the appeal under order 41, rule 19, cpc. therefore, the same is distinguishable.10. in shivdeo singh v. state of punjab air 1963 sc 1909; the apex court noted that there is nothing in article 227 of the constitution to preclude a high court from exercising the power ..... 2007 (13) sc 574 (supra), the appellant therein filed an appeal before the apex court against the order passed by the learned single judge of punjab and haryana high court dismissing the application under order 41, rule 19, cpc read with section 151 cpc which was filed to restore the appeal for ..... decided the appeal on merit, as a result of which, the petitioner appellant herein is prejudiced due to the act of the court without jurisdiction.23. relying the aforesaid case of shivdeo singh v. state of punjab air 1963 sc 1909. (supra), the karnataka high court in the case of t. krishnappa v. h. .....

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Aug 27 2002 (HC)

Miss Tumnyak Ete and ors. Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

..... territorial, geographical or other reasonable basis it is not for the courts to interfere with the manner and method of making the classification.(emphasis is added) 45. even in ahmedabad municipal corporation's case (air 2000 sc 114) (supra) the apex court has upheld reservation for the local students on the basis of their domicile, but when the distinction is sought ..... kumari chitra ghosh (air 1970 sc 35) (supra), dr. narayan sharma v. dr. pankaj kuinar lehkar (air 2000 sc 72) (supra), pradip tandon (air 1975 sc 563) (supra) and ahmedabad municipal corporation's case (air 2000 sc 114) (supra). 42. a careful reading of the apex court's decision in pradip tandan's case (supra) shows. 1 notice, that if the ..... v. dr. pankaj kumar lehkar, (2000) 1 scc 44 : (air 2000 sc 72), state of uttar pradesh v. pradip tandon, (1975) 1 scc 267 : (air 1975 sc 563) and ahmedabad municipal corporation v. ntlaybhair thakore, (1999) 8 scc 139 : (air 2000 sc 114). 20. upon hearing learned counsel for the parties and upon perusal of the materials on record, what emerges ..... mr. k. ste that within the reserved category, another reservation, based on district alone, is impermissible in law, reference is made by mr. etc to mohan bir singh chawla v. punjab university, (1997) 2 scc 171 : air 1997 sc 788, to show that district-wise reservation for making selection to educational institutions is constitutionally impermissible. 8. mr. ete further submits that .....

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Aug 07 2007 (HC)

Nirmal Debnath Vs. State of Tripura

Court : Guwahati

..... thou shouldst not eat?such a principle has been described as a principle of 'universal jurisprudence' by mahomood, j., in queen empress v. sohni (16). [1973 (1) slr 655, siraj municipality v. ceclia kom (s.c.) para 42)25. in the instant case, though the trial court was right to convict the appellant, but failed to consider the conditions of the ..... gopal kakkad v. naval dubey. : [1992]2scr921 , state of rajasthan v. narayan : 1992crilj3655 , karnel singh v. state of m.p. : 1995crilj4173 , bodhisattwa gautam v. subhra chakraborty : air1996sc922 and state of punjab v. gurmeet singh : 1996crilj1728 . we may quote from the last of the abovesaid decisions where the rule for appreciating the evidence of the prosecutrix in such cases has been succinctly ..... prosecutrix complaining of having been a victim of the offence of rape is not an accomplice after the crime. there is no rule of law that her testimony cannot be acted without corroboration in material particulars. her testimony has to be appreciated on the principle of probabilities just as the testimony of any other witness; a high degree of probability having ..... prosecutrix complaining of having been a victim of the offence of rape is not an accomplice after the crime. there is no rule of law that her testimony cannot be acted without corroboration in material particulars. she stands on a higher pedestal than an injured witness. in the latter case, there is injury on the physical form, while in the former .....

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Aug 06 1974 (HC)

The State of Assam Vs. Upendra Nath Rajkhowa

Court : Guwahati

..... of the bungalow used to live on one side of the compound. the second pit was 10/12 cubite from those quarters. the bungalow is near municipal office, in cross-examination p.w. hiraman basfor has stated that three sweepers had come to the bungalow. they were himself, hazari and lacha. ..... possibility in favour of the accused is itself sufficient to establish the case beyond reasonable doubt. this then is the approach.178. in state of punjab v. hari singh : 1974crilj822 , the supreme court has observed as follows:the ordinary presumption is that a witness speaking under an oath is ..... section 164 of the code of criminal procedure, such part of the evidence though it may be relevant within the meaning of section 9 of the evidence act, will have to be excluded. by such a construction of the provisions a satisfactory solution could be evolved.* * * * *these are weighty observations ..... relevant in so far as they are necessary for that purpose. these two sections (section 164, cr.p.c. and section 9 of the evidence act) deal with different situations : section 164 of the code of criminal procedure prescribes a procedure for the magistrate recording statements made by a .person ..... necessary to make search in the compound of the district and sessions judge, dhubri regarding the dead bodies and therefore he thought it reasonable to act under section 165, criminal procedure code requesting the officer-in-charge, police station to search the compound of the district and sessions judge in order to .....

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Jul 02 1988 (HC)

Hemdndra Dutta Choudhury and anr. Vs. Arun Kumar Bardoloi and ors.

Court : Guwahati

..... 10,000/- had been spent as medical expenses including transportation. in this regard sri bhattacharjee, learned counsel for the respondent relied on bharat premjibhai v. municipal corporation, ahmedabad : air1978guj196 , wherein it was held that maintenance of account in relation to expenditure incurred on medical treatment is not necessary and also that ..... lachhman singh v. gurmit kaur air 1978 p & h 50 (fb), a large number of cases were discussed. in that case the high court of punjab and haryana approvingly quoted the principles enunciated by viscount simon,j. in nance v. british columbia electric rly. co. ltd., 1951 ac 601. these are ..... by lower courts, if they have been taken all relevant facts into cons deration. that was a case of assessing damages under the fatal accidents act, 1855. we think the tribunal should have awarded some amount to the widow on account of loss of comforts of the conjugal life and ..... fund are not to be deducted from the amount of compensation which the claimants are found to be entitled under section 110-b of the m.v. act and this court's earlier decision in hira devi v. smt. bhaba kanti das air 1977 gau. 31 was overruled. however, the claimants (respondents ..... of his proposition has submitted a plethora of decisions which will be referred to at appropriate places.10. section 110-b of the motor vehicles act does not lay down any principle for determination of compensation. it simply lays stress on the amount of compensation which appears to the tribunal to .....

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