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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: guwahati Page 12 of about 119 results (0.025 seconds)

Apr 27 2001 (HC)

Sh. F. Falthanzula Vs. State of Mizoram and ors.

Court : Guwahati

..... . in the said judgment, in paras 11 and 12, the apex court observed as follows :-'11.....the nominated members do not have the will or authorityof any residents of the municipal board behind them as may be present in the case of an elected member. in case of an elected member, the legislature has provided the grounds in section 40 of ..... this nature the petitioner having legitimate expectation was entitled to an opportunity to show cause. in this connection he has relief upon a judgment of the apex court delivered in punjab communications ltd. v. union of india & ors reported in (1994) 4 scc 727. this judgment was delivered on a different context. the ratio therein cannot be the panacea in the ..... justice in not affording any opportunity to the nominated members before their removal nor the removal under the pleasure doctrine contained in the fourth proviso to section 9 of the act puts any stigma on the performance or character of the nominated members. it is done purely on political consideration.' 9. in addition, mr. vaiphei also referred to a division bench ..... the act under which the members could be removed. but so far as the nomirtated members are concerned, the legislature in its wisdom has provided that they shall hold office during the .....

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Apr 27 2001 (HC)

Sh. F. Falthanzula Vs. State of Mizoram and ors.

Court : Guwahati

..... . in the said judgment, in paras 11 and 12, the apex court observed as follows :- '11.....the nominated members do not have the will or authorityof any residents of the municipal board behind them as may be present in the case of an elected member. in case of an elected member, the legislature has provided the grounds in section 40 of ..... this nature the petitioner having legitimate expectation was entitled to an opportunity to show cause. in this connection he has relief upon a judgment of the apex court delivered in punjab communications ltd. v. union of india & ors reported in (1994) 4 scc 727. this judgment was delivered on a different context. the ratio therein cannot be the panacea in the ..... justice in not affording any opportunity to the nominated members before their removal nor the removal under the pleasure doctrine contained in the fourth proviso to section 9 of the act puts any stigma on the performance or character of the nominated members. it is done purely on political consideration.' 9. in addition, mr. vaiphei also referred to a division bench ..... the act under which the members could be removed. but so far as the nomirtated members are concerned, the legislature in its wisdom has provided that they shall hold office during the .....

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Oct 16 1968 (HC)

Rajkumar Manisana Singh Vs. Nameirakpam Angou Singh and anr.

Court : Guwahati

..... l.j. 589 (all), thingujam tona singh v. puvam gulap singh 1961 (2) cr l.j. 507 (mani) air 1961 all 877 and haveli ram v municipal corporation of delhi air 1966 punj 82. so, the second complaint filed by the appellant is not maintainable.9. the learned counsel for the appellant contended, firstly, that ..... .c. under which a written statement can be filed by an accused, the supreme court held in a subsequent case in harbhajan singh v. state of punjab air 1966 sc 97 that the filing of written statement by an accused person need not always be deprecated. so the conduct of the magistrate in allowing ..... shows that the magistrate second class (transport) took the second case on file against the first respondent only under sections 126 and 127 of the motor vehicles act, as he had no authority to try oases punishable under the indian penal code. so, both the cases relate to the same offences so far as ..... misc. case no. 1 of 1961 on the file of the magistrate second class (transport) under the same sections 126 and 127 of the motor vehicles act against the first respondent but that he was 'discharged' on 15-8.1962 due to the absence of both the parties. the contention of the learned counsel ..... were argued and which arise for determination are:(i) whether the first respondent is guilty of the offences under sections 126 and 127 of the motor vehicles act.(ii) whether the present case is not mainnable and is barred by section 403, criminal p.c. and(iii) whether the magistrate was correct in dropping .....

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Jan 30 1984 (HC)

State of Assam Vs. Puranmal Agarwalla

Court : Guwahati

..... was not clean or not dry. the only question which was put was that he had not cleaned the bottle either before bringing it from the municipal council or at the time of taking the sample. the court relied on the decisions in state of kerala v. alasserry mohammad : 1978crilj925 and in ..... been correct and could be depended upon. the accused was, therefore, held to be entitled to benefit of doubt. in lachman dass v. state of punjab 1972 fac 752 (punj & har) it has been held that the language of rule 14 admits of no ambiguity that it is imperative for the prosecution ..... the trial, but it certainly affects his credibility and that the food inspector who does not care to follow strictly the mandatory provisions of the act and the rules with which he is vitally concerned cannot be assumed to have much regard for truth. even supposing that he may be truthful, ..... formalities and there being no cross-examination on the question whether the bottles were clean and dry, the court ought to have presumed that the official acts were properly done and it committed error in acquitting the respondent. mr. s.s. sarma, the learned counsel for the respondent, counters submitting that ..... adulterated chillies powder which wits artificially dyed with prohibited coal tar dye prosecuted, the respondent was charged under section 7 read with section 16 of the act to which he pleaded not guilty.3. at the trial, the prosecution examined 3 while the defence examined 2 witnesses including the accused-respondent himself. .....

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Jan 13 2016 (HC)

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

Court : Guwahati

..... judicial services of the state which is to be made by the governor as contemplated in article 234 of constitution after consultation with the state punjab service commission and the high court. appointment or dismissal or removal of persons belonging to the judicial service of the state is not a ..... mathialagan vs. srinivasan, dy. speaker, viii. manu/gh/0412/2001 (nipmacha singh vs. secretary, manipur legislative assembly, ix. (1969) 1 scr 478 (state of punjab vs. styapal dang). [21] mr. jain, learned senior counsel assisted by mr. b.d. goswami, learned counsel representing the governor argued on the propriety of the purported ..... on him by or under the constitution with the aid and advice of the council of ministers. (vi) in shamsher singh v. state of punjab and anr., (1974) 2 scc 831, a seven judges constitutional bench held that our constitution embodies generally the parliamentary or cabinet system of government of ..... 33 to 57 of the said judgment, which are quoted below:- 33. in samsher singh v. state of punjab, this court expounded the universal rule that the governor is bound to act only in accordance with the aid and advice of the council of ministers headed by the chief minister. the ..... his scope and jurisdiction but acted as per the dictate of a particular political party as its representative. the decisions referred to by him are as follows :- i. (1974) 2 scc 831 (samsher singh vs. state of punjab) ii. (2005) 2 scc 92 (pu. myllaihlychho and others vs. state of mizoram and others) .....

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Dec 04 2009 (HC)

Nirmalendu Dhar Vs. Nani Gopal Ghosh

Court : Guwahati

Reported in : AIR2010Ass59,AIR2010Gau59

..... anr. : air 1954 sc 440; surya dev rai v. ram chander rai and ors. : (2003) 6 scc 675 : air 2003 sc 3044; radhey shyam gupta v. punjab national bank and anr. : (2009) 1 scc 376 : air 2009 sc 930; radhey shyam and anr. v. chhabi nath and ors. : (2009) 5 scc 616 ..... and in violation of provisions of section 51 order 21, rule 37 and other relevant provisions of cpc, the learned civil judge (sr. divn.) acted illegally, beyond his jurisdiction, unfairly and arbitrarily and thereby causing grave injustice to the judgment debtor.13. so far as the supervisory jurisdiction of the ..... violation of the relevant provisions of the cpc on the part of the learned civil judge (sr. divn.) in passing the impugned orders, he acted unfairly, unjustly and arbitrarily, while dealing with the said application for execution by issuing arrest of warrant straight away. as per decision of the hon ..... regard the said simultaneous execution by taking into consideration of all the relevant provisions, one may reasonably conclude that the learned civil judge (sr. divn.) acted arbitrarily and without due application of his mind regarding the matter. in my opinion, the learned civil judge (sr. divn.) proceeded mechanically in respect of ..... , after institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property or committed any other act bad faith in relation to his property, or; (b) that the judgment-debtor has or has had since the date of the decree, the means .....

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Sep 04 1981 (HC)

The State Vs. Abinash Dutta

Court : Guwahati

Reported in : 1982CriLJ400

..... death should have been really or could have been awarded under section 302. the learned sessions judge has rightly referred to bachan singh v. state of punjab : 1980crilj636 but has noted what was stated in para 199 only. no doubt, if a crime can be said to evince 'extreme depravity', extreme ..... which is related to conviction, whereafter the questions which may be put and informations that may be solicited are 'beyond the narrow constraints of the evidence act', as stated in muniappan (supra). a past conviction is a relevant factor to be borne in mind while deciding question of sentence, shutting out ..... was sought to be made, the accused must have been asked about it. this apart, we have noted that under section 54 of the evidence act, previous bad character is irrelevant, unless evidence of good character has been given. as per explanation 2 to this section, a previous conviction is relevant ..... relating to dying declaration is well settled by now. if it it found to be true, to ascertain which close scrutiny is required, it can be acted upon without any corroboration. that has been the consistent opinion of the supreme court since the decision of khushal rao, v. state of bombay : 1958crilj106 ..... was kalidas who had called sankar inside his house. this part of the evidence is not acceptable by us as already stated. the next overt act attributed to kalidas is his dashing sankar inside a room with the help of trishul indicating that kalidas might have also assaulted sankar with trishul. .....

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Sep 09 2008 (HC)

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

Court : Guwahati

..... singh c. (dead), m.n. singh and ors. : air2003sc3349 , stenor ltd. v. whitesides ltd. (1947) 2 all er 255, state of up v. nawab hussain : [1977]3scr428 , the state of punjab v. bua das kaushal : (1971)illj31sc , state of orissa and ors. v. sukanta mohapatra and ors. : (1993)iillj297sc , ashok kumar sharma and anr. v. chander shekher and anr. 1993 supp ..... conducted by the respondents through which the special recruits had been inducted in service was in departure from the mandatory provisions of the rules. the presumption of validity of official acts thus stands rebutted in view of the overwhelming materials on record in the instant case. rule 5 in unambiguous terms comprehend a situation where recruitment to the services as a ..... . the learned tribunal also negated the plea of the bar of limitation recording that the appeal had been filed as permissible under section 4(2) of the assam administrative tribunal act, 1997 as the appeal/representation of the appellants against the provisional gradation list had remained undisposed for nearly 6 months. the learned tribunal also observed that there was no administrative ..... in the said process, no interference with their appointment is warranted, either in law or in equity. mr. bhattacharjee insisted that not only a presumption of validity of the official acts pertaining to the process of appointment of the special recruits is available, deviation, if any, from the rules must be construed to be in deemed relaxation of the prescriptions thereof .....

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Aug 17 2013 (HC)

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

..... commander, lt. gen. g.o.c.h.q. 15 corps. 1987 labour industrial cases 860 and the single bench decision of the high court of punjab and haryana in g.s. sandhu v. uoi and ors. 2002 (2) slr 120. there is, in the light of the above authoritative pronouncements, ..... course of action cannot, but be described as ex facie unacceptable and arbitrary. in such a situation, one cannot help, but regard such unexplained act as an act of arbitrariness and reflective of bias, prejudice and mala fide. 76. while respondent nos. 4 and 5 have been treated with favour as ..... authority exercises its power to hold such an enquiry and whenever the enquiry affects the character or service reputation of a person subject to the air force act, 1950, then, compliance with the requirements of the provisions, embodied in rule 156(2), would be mandatory. 130. while considering the question of ..... the corrupt mr. m singh should be punished for sexually exploiting wives of his colleagues. he must be awarded an exemplary sentence for his acts. please wake up and act. true and patriotic indians. ? 62. it has been submitted, with considerable force, by mr. choudhury, learned counsel, that the policy decision ..... counts. (viii) the court of inquiry, according to the respondents, conducted the proceeding strictly in compliance of the various provisions contained in air force act and the rules framed thereunder and, thus, the proceedings, in question, its finding as well as all subsequent actions cannot be set aside and quashed .....

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