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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: guwahati Page 9 of about 119 results (0.026 seconds)

Jan 31 2006 (HC)

Escorts Ltd. Vs. International Tractors Ltd. and ors.

Court : Guwahati

..... a necessary concomitant for an administrative body functioning in an administrative sphere or quasi administrative sphere.20. in g.b. mahajan and ors. v. jalgaon municipal council and ors. (1991)3 scc 91 the supreme court while reiterating that the principles of judicial review apply to the exercise by a government ..... ,70,000.003. escorts ltd. modal escort 435 (35 hp) rs. 14,04,93,2004. eicher modal eicher 368 (35 hp) rs. 14,66,07,9805. punjab tractors ltd. (a) modal swaraj 834 fe (31 hp) rs. 14,69,47,000 (b) modal swaraj 735 fe (34 hp) rs. 15,38,47,000 ..... of contractual power by public authority. that every applicant in a judicial review proceeding in order to succeed has to show that the decision maker has acted illegally, irrationally or in a manner which is procedurally unfair. the central tenet of judicial review, however, is that it is just that review and ..... in nature and after all objective consideration of different options available taking into account the interest of the state and the public, this court cannot act as an appellate authority by substituting its opinion in respect of selection made for entering into such contract'. these propositions have been stated and restated ..... the constitution of india; the public interest being the paramount consideration.15. however, by way of judicial review the court is not expected to act as a court of appeal while examining the decision to award a contract and to record finding whether such decision could have been taken otherwise in .....

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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 .....

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Jul 16 1979 (HC)

Jasman Rai Vs. Smt. Sonamaya Rai and anr.

Court : Guwahati

..... above after hearing the other party to the proceeding.8. mr. sharma has also referred to a division bench decision of the calcutta high court in municipal commissioners, raniganj v. kedar kalwar : air1954cal27 , a decision which really goes against his contention. though the question before me was not discussed in the ..... at pp. 69-70, approved by the supreme court in w. slaney v. state of madhya pradesh : 1956crilj291 and in payare lal v. state of punjab : (1962)illj637sc , it will be a case where the trial has been conducted substantially in the manner prescribed by the code, but some irregularities have ..... of its powers of revision under the codes of civil and criminal procedure, but, as already noted, no such period was fixed under the limitation act of 1908. but even then, it became the usual practice of several high courts not to entertain criminal revisional applications made after the period fixed ..... sc 411 where the supreme court has, after referring to krishnasami's case with approval, observed (at 414) that under section 5 of the limitation act, 'an order excusing the delay is not final and is liable to be questioned by the respondent at a later stage'. it is true that ..... the only question that would arise for consideration is that when a complaint is not made by a court, or by a public servant acting or purporting to act in the discharge of his official duties, whether failure to examine the complainant after taking of cognizance and before issuing process would vitiate the .....

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Feb 02 2007 (HC)

S. Swett Vs. State of Meghalaya and ors.

Court : Guwahati

..... . this view of the house of lords was followed by the supreme court in state of orissa v. dr. binapani dei : (1967)iillj266sc and state of maharashtra v. jalgaon municipal council (2003) 9 scc 73 wherein it was held that administrative orders which involve civil consequences have to be passed consistently with the rules of natural justice. the expression 'civil ..... a statutory rule is void if it stipulates for automatic termination of services of an absenting employee after expiry of a stipulated period [in the light of the decision in punjab land development and reclamation corporation ltd. v. presiding officer, labour court and ors. : (1990)iillj70sc ; gujarat state road corporation and anr. v. mulu amra air 1994 sc 114; ..... of natural justice becomes presumption unless found excluded by express words of statute or necessary intendment.(xi) the requirement of 'fairness' implies that even an administrative authority must not act arbitrarily or capriciously and must not come to a conclusion which is perverse or is such that no reasonable body of persons properly informed could arrive at; nally bharat v ..... dated 01.08.2006 unless the petitioner and his associates were duly declared elected by chief/syiem and 'sanad' is issued to them in accordance to the provisions of 'act 1959'. thereafter, after examining the complaints against the petitioner in conducting the alleged election and declaring himself of elected as headman in such circumstances, petitioner's functioning was necessary .....

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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 .....

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Jan 29 1985 (HC)

Narayan Ch. Saha and anr. Vs. State of Assam

Court : Guwahati

..... by the food inspector who was authorised by the proviso to take sample only from such a person.9. learned counsel relied on the decision in municipal corporation of delhi v. laxmi narain tandon : 1976crilj547 , in support of his contention. however, i am not impressed by the argument advanced that ..... why it was considered as a 'proviso' and therefore as an exception. my attention was also drawn by mr. bhattacharjee to a bench decision of punjab and haryana high court reported in (1982) 2 fac 167 : 1982 cri lj 1370, state of haryana v. rama nand. therein also no contention ..... of assam v. puranand 1985 cri lj 46 : (1984)2 gauhati lr 61, in construing a provision of the rules framed under the act, that the act being a measure enacted to protect public health its provisions are not to be construed pedantically in a manner as may make it impossible to ..... from 'damaged grain' and 'insect damaged grain'. because sale of adulterated processed food meant for human consumption is also sought to be prohibited by the act, different standards in respect of different items of such foods are also prescribed in appendix b. in case of processed food invariably different constituents comprise ..... or distributes any adulterated food or any misbranded food or carries on any of the other activites prohibited thereunder, commits an offence under the act and is punishable in terms of section 16 which prescribes different punishments for different species of the offences. that the chief ingredient of the offence .....

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Dec 18 1986 (HC)

Workmen of Tanganagaon Tea Estate Vs. Management of Tanganagaon Tea Es ...

Court : Guwahati

..... civil) no. 2782 of 1984 decided on 15th october 1986 and reported in 1986 iv svlr (1) 10, where the petitioner, a driver in punjab roadways, was charge-sheeted for failing to discharge his duties as a driver properly by not plying his bus on his route was found guilty on inquiry ..... evidence on the ground that they disclose total non-application of mind. it was ruled in rasiklal vaghajibhai patel v. ahmedabad municipal corporation 1985 i llj 527 at p. 528 that it is well settled that unless either in the certified standing order or in the service ..... of vindictiveness, intimidation or resorting to unfair labour practice and there must be no infraction of the accepted rules of natural justice. when the act alleged is connected with vital interest of the workman regarding their earnings, the management should not treat it as misconduct. as was ruled in ..... resulting in damage to the employer's property which might be compensated by forfeiture of gratuity or part thereof, and (3) serious misconduct such as acts of violence against the management or other employees or riotous or disorderly behaviour in or near the place of employment, which, though not directly causing ..... 5 dated 19th december 1974, the state of assam referred the dispute to the labour court, dibrugarh under section 10 of the industrial disputes act, hereinafter called 'the act', for adjudication of the following issues:(1) whether the management, tanganagaon tea estate, p.o. doom dooma are justified in dismissing shri .....

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Dec 06 2006 (HC)

State of Assam and ors. Vs. Rimki BuragohaIn and ors.

Court : Guwahati

..... way of countering the aforesaid decisions in satpal & ashok kr. yadav have placed reliance on the decisions of the apex court in sardara singh v. state of punjab reported in : air1991sc2248 , in which considering the fact that altogether 35 hours in total @ 7 hours per day in five days were spent for the ..... and that he was under a duty to deal fairly with the respondent in relation to the adverse factors on which he had been proposing to act. it was held that the appellant had failed in the performance of duty because the adverse factors had never been put to the respondent and that ..... court. accordingly three officers were detailed to assist the court for examining the records of the selection process by the orders of the hon'ble chief justice (acting) on 9/11/2005. by various orders passed thereafter on 17/11/ 2005, 18/11/2005, 21/11/2005, 23/11/ 2005, and 24 ..... about two lakhs) were involved in the selection.11. during the course of hearing, the learned single judge appointed a senior member of the bar to act as amicus curiae. he was entrusted with the task of scrutinizing the records with the assistance of another learned counsel of the bar. the learned amicus ..... made district/battalion wise on the basis of the over all merit on physical efficiency test and personal interview (viva voce) and reservation of quota under rvsp act, 1978.3. the employment notice was forwarded to the director general of police (dgp) & inspector general of police (igp), assam by the commissioner and .....

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May 23 2008 (HC)

State of Assam and ors. Vs. Pradyut Kumar Choudhury and ors.

Court : Guwahati

..... was rendered in the above context.34. the name of the appellant in gurdial singh fijji (supra), similarly was not included in the select list of punjab civil service officers drawn up for their induction in the indian administrative service under the indian administrative service (appointment by promotion) regulations 1955. the exclusion of ..... no outstanding perform- ||period | | |ence year. the word ||ending |outstand- |outstand- |'very' prefixed ||mar. 05 |ing |ing |to 'good' originally is || | | |visibly sought to be eff-|| | | |acted by using whitener. ||__________|_______________|_____________|_________________________|the shadowed space suggests that the word 'very' is sought to be effaced thus reducing the grading to 'good'.shri raj kr. chakraborty___________________________________________________________________________ ..... a rational construction.whenever the language of the legislature admits of two constructions and, if construed in one way, would lead to obvious injustice, the courts act upon the view that such a result could not have been intended, unless the intention to bring it about has been manifested in plain words. ' ..... for the role entrusted to them. fairness in action is the essence of every valid administrative decision to be constitutionally sustainable. in discharge of the solemn act of preparation of a confidential report, the subjective satisfaction involved has to essential align with the objective determination founded on relevant materials.33. the apex .....

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Mar 09 2004 (HC)

State of Assam Vs. Holiram Bordoloi

Court : Guwahati

..... the offender with the circumstances, situations and the reactions and choose the appropriate sentence to be imposed.'22. in the case of bachan singh v. state of punjab, reported in (1980) 2 scc 684 : (1980 cr lj 636), the apex court laid down the following guidelines for consideration where the question of death ..... just balance has to be struck between the aggravating and the mitigating circumstances before the option is exercised.23. in the case of machhi singh v. state of punjab, reported in (1983) 3 scc 470 : (1983 crl lj 1457), the apex court provided as follows (para 34 of cri lj) :-- 'the ..... accused person. it is, nowhere, claimed that the deceased persons had provoked the accused persons or there was any strong motive for commission of heinous act. however, it is in the evidence of pw-6 that there was a minor altercation on the previous evening. the facts of this case depict ..... -villagers attacked a family with cool brain, previous plan and one after another total three persons were murdered. considering the heinousness, brutal, horrific and diabolic act of the accused, in my view, instead of separate punishment for each section of law, the accused deserves the capital sentence.'21. now coming to ..... and it was he, who alone decided as to how the innocent, unarmed family members are to be terminated or lynched. he acted in a barbaric manner and his act of throwing back of six year old nayanmani and killing of nagarmal was revolting and cruel. the co-accused were following his .....

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