Skip to content


Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: guwahati Page 2 of about 119 results (0.024 seconds)

Nov 13 1968 (HC)

State of Tripura Vs. Shri Ashu Ranjan Saha

Court : Guwahati

..... chief commissioner, tripura assumed all the powers of the chairman and the commissioners of the municipality, that the supersession was made according to the tripura municipal act (bengal act xv of 1932) that since 15-8-1961 the bengal municipal act is in force in tripura in the place of tripura municipal act (act 2 of 1349 t. e.) and that the chief commissioner appointed the district magistrate, tripura ..... ghosn) could be said to be competent to give the sanction.21. the learned counsel for the respondent contended that under section 67 of the bengal municipal act the state government may require the commissioners of any municipality to appoint an executive officer, a secretary, an engineer, a health officer and one or more sanitary inspectors, that under sub-section (5) of section ..... give his sanction and that, therefore, ext. p-13 is not a valid sanction. in gokulchand dwarkadas v. the king air 1948 pc 82 and jaswant singh v. state of punjab : 1958crilj265 it was held that the papers must be studied properly by the competent authority before the sanction is granted. the evidence of p.w. 13 (rabindra kumar ghosh) in ..... immediately after the incident took place, and this is a strong reason for thinking that his defence was very likely to have been true. vide bhagat ram v. state of punjab : air1954sc621 .(vi) the sixth circumstance is that p.w. 13 (rabindra kumar ghosh) admitted in his cross-examination that after the respondent was appointed as food inspector, the income of .....

Tag this Judgment!

Aug 30 2007 (HC)

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

..... affidavit reflected the total expenditure on maintenance and construction of roads and the amount showed to have been spent did not include the grants made to local bodies like municipalities and panchayat unions for the repair and maintenance of roads within their jurisdiction and such amount not only includes the cost of construction and maintenance of roads, but also ..... further submitted that if the legislature lays down the policy and retains to itself the control over the executive, the legislative power can be delegated. referring to the decision in municipal corporation of delhi v. birla cotton, spinning and weaving mills, delhi : [1968]3scr251 (in short, 'birla cotton') the learned aag has further submitted that what is prohibited is ..... learned senior counsel such view of the constitution bench of the apex court was somewhat diluted in southern pharmaceuticals and chemicals v. state of kerala reported in : [1982]1scr519 , in municipal corporation of delhi v. mohd. yasin reported in : [1983]142itr737(sc) (in short, 'mohammad yasin') and in sreenivasa general traders v. state of andhra pradesh reported in : [1983] ..... , are illegal. mr. ganesh, placing reliance on the constitution bench judgment of the apex court in devi dass gopal krishnan v. state of punjab : [1967]3scr557 , has submitted that similar provision in east punjab general sales tax act, 1948, as that of the impugned enactment, was declared to be void on the ground of excessive delegation of power. mr. ganesh has .....

Tag this Judgment!

Feb 03 2005 (HC)

Pritish Ranjan Roy and ors. Vs. State of Tripura and ors.

Court : Guwahati

..... in, piara singh (supra) and decision in satyanarayan sharma v. national mineral development corporation ltd. : (1990)iillj596sc , the supreme court has observed in : (1998)9scc258 , municipal corporation, bilaspur and anr. v. veer singh rajpur and ors., that the direction of high court to regularize the service of casual labourer was unwarranted, being contrary to the administrative ..... air1996sc2219 ; state of rajasthan v. hitendra kumar bhatt, : (1997)6scc574 ; madhya pradesh electricity board v. s.s. modh and ors. : air1997sc3464 ; bhagwan singh v. state of punjab and ors. : (1999)9scc573 and chancellor v. shankar rao and ors. : (1999)6scc255 .63. appointment dehors the rules violates the mandate of the provisions of articles 14 and 16 of ..... co-operative societies and ors. in (2004) air scw 4462 that appointment made without notifying if vacancies to employment exchange and in violation to the mandatory provisions of 'act' and rules ignoring minimum qualifications cannot be taken for regularisation despite the issuance of government order giving directions for regularisation. in a. umarani (supra) the supreme court ..... not automatically continue in deployment thereafter when the project is over and the work-charge employee became surplus and was retrenched after being paid compensation under industrial disputes act and the direction of high court to consider such retrenched employee as permanent employee was said to be erroneous, however, in peculiar facts and circumstances the said .....

Tag this Judgment!

May 02 2008 (HC)

Samir Sarkar Vs. State of Tripura and ors.

Court : Guwahati

..... to be a good law in view of the recent decision of the apex court in municipal council of delhi (supra). there was no wrong on the part of the authority of the rti act for apprising the petitioner the correct position of marks really he obtained.11. on the point ..... selected/recommended for the said post, he sought for information in 21 different heads regarding the selection process under the right to information act, 2005 (in short rti act), whereupon the state public information officer, public information cell, tpsc vide letter dated 22.05.07 furnished the petitioner with one information ..... , he submits that there is no statutory requirement to communicate to the petitioner except under rti act.7. mr. deb relied on and referred to a decision of the apex court in the case of state of punjab v. khemi ram reported in : [1970]2scr657 wherein the word 'communication' fell for ..... considered the meaning of word 'communication', some of those cases are state of punjab v. balbir singh reported in : (1976)iillj4sc ; khemi ram(supra); bacchittar singh v. state of punjab reported in : air1963sc395 and s. pratap singh v. state of punjab reported in : (1966)illj458sc and the ratio of s. pratap singh ..... (supra) which was considered in khemi ram (supra) and balbir singh (supra) has recently been considered by the apex court in the case of municipal council of .....

Tag this Judgment!

Nov 14 2006 (HC)

Radheshyam Rajendra Prasad and ors. Vs. State of Assam and ors.

Court : Guwahati

..... judicially evolved doctrine are well-settled, the applicability thereof are essentially fact oriented.47. the apex court in state of punjab v. nestle india ltd. : [2004]269itr97(sc) after an exhaustive survey of its decisions rendered in collector of bombay v. municipal corporation of the city of bombay : [1952]1scr43 , union of india v. anglo afghan agencies air 1968 sc ..... rules are not mutually irreconcilable and, therefore, the notification impugned in the present appeals does not stand vitiated by the vice of repugnancy with the policy. to reiterate the act, rules, the policy and the notification are in cohesion with each other. the learned single judge rightly held the reported decision to be inapplicable to the prevailing facts. the ..... the period enumerated hereinabove, it reserved to itself the right to ordain the terms to implement the same in practice.34. the statement of objects and reasons of the act and the various provisions thereof clearly manifest the restrictive feature of the concessions envisaged therein. the legislature, mindful of the policy, elucidated in explicit terms that the statute was ..... of the said appellants. he contended that the policy consciously reserved the power of the state government to regulate the benefit of exemption comprehended thereunder and the provisions of the act as well as the impugned notification are fully attuned thereto. he, therefore, emphatically urged that the plea of estoppel against the statute was wholly unsound and thus was .....

Tag this Judgment!

Feb 07 2007 (HC)

Abdul Kasem Ali Ahmed Vs. State of Assam and ors.

Court : Guwahati

..... india v. m/s anglo afgan agencies air 1968 sc 718; century spinning and . v. ulhas nagar municipal co. ; robutson v. minister of pensions (1949) 1 king's bench 227. see also motilal padampat sugar mills co. ltd. v. state of up ; state of punjab v. nestle india ltd. (2004) 136 stc 35; shri guru ashish wire industries v. state of gujarat ..... reasonableness under article 14. logically, therefore, the decision, in abl international ltd. (supra), still holds the field and there can be no manner of doubt that that when the state acts contrary to public good and public interest or unfairly and unjustly or unreasonably, even in the realm of its contractual obligations, the constitutional guarantee, given in article 14, would be ..... writ of mandamus has not been barred by the constitution bench in suganmal (supra), particularly, when a writ petitioner challenges the withholding of his dues by the state as an act of unfairness, unreasonableness, arbitrariness and contrary to the principles governing article 14. it is for this reason that the constitution bench, in suganmal (supra), has used the word 'normally,' ..... involved, the court, in kumari shrilekha vidyarthi (supra), pointed out that while private parties are concerned with their personal interest, the state, while exercising its powers and discharging its functions, acts indubitably for public good and in public interest, for, the impact of every state action is also on the public interest and this factor alone is sufficient to import, at .....

Tag this Judgment!

Mar 29 2007 (HC)

Principal Secretary to the Government of Nagaland Vs. Dimapur Contract ...

Court : Guwahati

..... ; century spinning and . v. ulhasnagar municipal council reported in : [1970]3scr854 ; robertson v. minister of pensions reported in (1949) 1 king's bench 227. see also motilal padampat sugar ..... mills co. ltd. v. state of u.p. reported in : [1979]118itr326(sc) ; state of punjab v. nestle india ltd. reported in (2004) 136 stc 35; shri guru ashish wire industries v. state of gujarat reported in (1994) 92 stc 286 ..... logically, therefore, the decision in abl international ltd. still holds the field and there can be no manner of doubt that when the state acts contrary to public good and public interest or unfairly and unjustly or unreasonably, even in the realm of its contractual obligations, the constitutional guarantee, ..... shrilekha vidyarthi pointed out that while private parties are concerned with their personal interest, the state, while exercising its powers and discharging its functions, acts indubitably for public good and in public interest, for, the impact of every state action is also on the public interest and this factor ..... carry out the obligations incurred by them, because the parties, seeking to bind the authorities, have altered their position to their disadvantage or have acted to their detriment on the strength of the representations made by those authorities. see union of india v. anglo afghan agencies air 1968 sc 718 .....

Tag this Judgment!

Aug 13 2002 (HC)

Md. Monisur Islam Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... (xiv) 1980 (supp) scc 391 (smt. pushpa v. union of india and ors.) (xv) (1982) 1 scc 12 (sat pal v. state of punjab and ors.) 14. in reply, mr. choudhury, learned central govt. standing counsel while referring to the affidavit filed on behalf of the respondent no. 1 has argued ..... regard, to do so with reasonable expedition and utmost concern. the judicial pronouncements noticed hereinabove, clearly proclaim that if the provisions of the act are not scrupulously adhered to and if the representation submitted by the detenu is not attended to and disposed of at the earliest, the ..... preventive detention has really its roots in the constitutional guarantee enshrined in article 22(5) or the constitution of india, any provision in the act which requires affording of such an opportunity to the detenu is in addition to such constitutional right. while interpreting the expression 'earliest' it is ..... the process of disposal of the representation submitted by the detenu therein. 24. in smt. khatoon begum (supra), the detention was under the act, a contention was raised on behalf of the respondent authorities that the rule requiring expeditious consideration of a detenu's representation is a judge-made ..... justify the order of detention and the detaining authority being fully satisfied with the detention of the petitioner was necessary to prevent him from acting in a manner prejudicial to the maintenance of public peace, order and tranquility had passed the impugned order of detention. she has argued .....

Tag this Judgment!

Nov 06 2013 (HC)

Navendra Kumar Vs. Union of India and Another

Court : Guwahati

..... , do not have binding judicial effect. interlocutory observations by members of a court during argument, while of persuasive weight, are not judicial pronouncements and do not decide anything ? 28. in municipal corporation of delhi v. gurnam kaur, (1989) 1 scc 101 and divisional controller, ksrtc v. mahadeva shetty, (2003) 7 scc 197, this court has observed that ??mere casual ..... legislative and judicial functions are taken away. 112. elucidating further, the supreme court, in ram jawaya kapur vs state of punjab (air 1955 sc 549), observes that our constitution does not contemplate assumption, by one organ or part of the state, of functions that essentially belong to another and that ..... and not of the executive. 111. so far as the operational effectiveness of executive action is concerned, the supreme court, in the case of ram jawaya kapur vs state of punjab (air 1955 sc 549), while dealing with an argument of violation of fundamental rights, observed that ordinarily, the executive power connotes the residue of governmental functions that remain after ..... dspe act, 1946, to the whole of india; whereas, no law, made on ??police, can extend to the whole of india. 129. to buttress his argument, with respect to the phrase, ??subject to other provisions of this constitution ? , reliance has been placed, on behalf of the appellant, on a constitution bench decision, in union of india v. the city municipal council .....

Tag this Judgment!

Apr 02 1998 (HC)

Smt. Maitreyee Mahanta Vs. State of Assam and ors.

Court : Guwahati

..... reliance upon a judgment of the supreme court in the state of orissa v. bhupendra kumar bose (supra). this is a case where under the orissa municipal act election had to take place to certain offices. the judgment of the high court set aside the election. with a view to overcome the difficulty with the ..... last even after the expiry of the ordinance. the ordinance has in terms provided that the order of the court declaring the elections to the cuttack municipality to be invalid shall he deemed to be and always to have been of no legal effect whatever and that the said elections are thereby validated. ..... that being so, the said elections must be deemed to have been validly held under the act and the life of the newly elected municipality would be governed by the relevant provisions of the act and would not come to an end as soon as the ordinance expires.......again in paragraph 19, interpreting ..... this is a case where there was a dispute about the scheme in respect of areas declared to he 'damaged area' under the punjab damaged areas act (11 of 1947). in that ease the question was whether the conclusiveness of the scheme under section 5(4) of the ..... does not apply where there is total lack of jurisdiction. interpreting the provisions of section 22 of the punjab general clauses act (act i of 1898 (seeking to make out a case that there is implied repeal of the act which lapsed a constitution bench of the supreme court dealing with this question held as follows (at page .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //