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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: guwahati Year: 2007 Page 1 of about 11 results (0.020 seconds)

Aug 30 2007 (HC)

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

Court : Guwahati

Decided on : Aug-30-2007

..... 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 .....

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Feb 07 2007 (HC)

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

Court : Guwahati

Decided on : Feb-07-2007

..... 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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Mar 29 2007 (HC)

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

Court : Guwahati

Decided on : Mar-29-2007

..... ; 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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Oct 16 2007 (HC)

Deba Kumar Das Vs. Gauhati High Court and ors.

Court : Guwahati

Decided on : Oct-16-2007

..... agarwal v. gurgaon gramin bank and ors. : [1987]3scr640 , ravindra kumar mishra v. u.p. state handloom corporation ltd. and anr. 1987 (supp.) scc 739, municipal corporation of raipur, v. ashok kumar mishra : (1991)iillj343sc , state of punjab v. baldev singh khosla : air1996sc2093 , radhey shyam gupta v. u.p. state agro industries corporation ltd. and anr. : (1999)illj432sc , chandra prakash sahi v ..... are cogent and relevant justifying the discharge of a probationer, mere omission to mention the same in the order would not necessarily be fatal if taken note of and acted upon by the authority concerned. the sequence of events noticed hereinabove and the relevant facts available before the administrative committee proclaim that its resolution followed a well articulated deliberations ..... they automatically became confirmed under the said rules, the apex court reiterated its view in sukhbans singh, surpa, and concluded that even though a probationer may have continued to act in the post to which he was appointed on probation, he could not become a permanent servant merely because of efflux of time, unless the rules of service which governed ..... that on 10/9/2002, the informant had submitted a complaint before the registrar general of this court stating about the same and leveling other allegations against him as well. acting on this complaint, the registrar (i & e) of this court by his letter dated 16/ 11/2002 requested the chief judicial magistrate, tinsukia, to submit a report thereon .....

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Feb 01 2007 (HC)

Bank of Baroda Vs. Bibek Verma and ors.

Court : Guwahati

Decided on : Feb-01-2007

..... . this view of the house of lords was followed by the supreme court in state of orissa v. dr. binapani dei air 1967 1269 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 antra air 1994 sc114; scooters india ltd ..... application of natural justice becomes presumption unless found excluded by express words of statute or necessary intendment.(x) 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 ..... no decision should be taken which will affect the rights of any person without first giving him an opportunity of putting forward his case. there is always 'the duty to act judicially' wherever the rules of natural justice are applicable. there is, therefore, the insistance upon the requirement of a 'fair hearing'. (ix) in mangilal v. state of mp : 2004crilj880 .....

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Sep 17 2007 (HC)

Arunamayee Bishaya and ors. Vs. Rabindra Kumar Bora and ors.

Court : Guwahati

Decided on : Sep-17-2007

..... the plaintiffs, late hridayananda bora, predecessor-in-interest of the defendants, occupied both the holding nos. 17 and 18 of ward no. 24 of gauhati municipal corporation as a tenant-at-will at a monthly rent of rs. 175/-, payable by the first week of every succeeding month according to english calendar ..... decisions in dev kumar (d) (through lrs) v. swaran lata : air1996sc510 , lachhman dass v. santokh singh reported in (1995) 4 scc 201, d. sankaranarayannan v. punjab national bank reported in 1995 supp. (4) scc 675, anil kumar saha v. aclhir kumar deb reported in 2001 (3) glt 402 and chandrika prasad (dead) (through ..... , the father of the defendant 1 having defaulted to pay rent of the said land having become defaulter under the assam urban area rent control act and having sublet the land and the plaintiff having required the said land for their own use and occupation after construction of buildings thereon, the ..... law. an express admission is one, which is specifically made, either in a judicial proceeding or otherwise, in accordance with the provisions of the evidence act. however, in order to determine if an admission has been made in a written statement, the written statement has to be read as a whole. ..... deposit the rent within the due date and that the deposit of rent was made far beyond the permissible limit of the period fixed by the said act. situated thus, the judgment of reversal, in the present case, cannot, according to mr. choudhury, stand scrutiny of law. it is contended by .....

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Feb 01 2007 (HC)

Wilbirthforth MomIn Vs. State of Meghalaya and ors.

Court : Guwahati

Decided on : Feb-01-2007

..... citizens. 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 ..... singh reported in : (1982)illj46sc it has been observed that in a domestic enquiry the strict and sophisticated rules of evidence under the indian evidence act may not apply.(vi) in bachhittar singh v. state of punjab (1962) supp 3 scr 713, the departmental proceeding is just one continuous proceeding though there are two stages in it. the first is coming to ..... 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; scooters ..... application of natural justice becomes presumption unless found excluded by express words of statute or necessary intendment.(xx) 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 .....

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May 29 2007 (HC)

Dharamraj Kumar Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : May-29-2007

..... is one which no reasonable person could have taken. if his action does not satisfy these rules, it is to be treated as arbitrary. [in g. b. mahajan v. jalgaon municipal council 13 scc at p. 111.] venkatachaliah, j. (as he then was) pointed out that 'reasonableness' of the administrator under article 14 in the context of administrative law has to ..... the principle of doctrine of proportionality. in support of his aforesaid contention he referred the following decisions of the apex court as well as this court: (i) dev singh v. punjab tourism development corporation ltd. and anr. : (2003)iiillj823sc , (ii) kanta devi (smt.) v. union of india and anr. : [2003]2scr992 , (iii) sukhvinder singh v. union of india and ors. 1999 ..... to be explained in r. v. secy, of state for the home deptt., ex p. blind 11 that case related to directions given by the home secretary under the broadcasting act, 1981 requiring bbc and iba to refrain from broadcasting certain matters through persons who represented organisations which were prescribed under legislation concerning the prevention of terrorism. the extent of prohibition ..... to be disproportionate'. para 20 of mahindra & mahindra ltd. (supra) is reproduced hereunder:20. it is no doubt true that after introduction of section 11-a in the industrial disputes act, certain amount of discretion is vested with the labour court/industrial tribunal in interfering with the quantum of punishment awarded by the management where the workman concerned is found guilty .....

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Feb 02 2007 (HC)

S. Swett Vs. State of Meghalaya and ors.

Court : Guwahati

Decided on : Feb-02-2007

..... . 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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Feb 01 2007 (HC)

Miehlo Manasia Vs. State of Mizoram and ors.

Court : Guwahati

Decided on : Feb-01-2007

..... 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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