Court : Guwahati
..... (p.) ltd. (supra), not a mere formal exercise of power, but a special constituent power, which the constitution has vested in the president as protector and defender of the constitution and as a person, who has the responsibility to safeguard the fundamental rights of the citizens and the federal structure of the ..... and must be treated as non est in law.34. in devi das gopal krishnan (supra), the apex court held section 5 of the punjab general sales tax act to be void, for, section 5 was found to have conferred on the government unconstitutional power to levy tax at such rates as the ..... tea, produced in jalpaiguri, had to move through a few miles of the territory of the state of assam. besides the tea, which was carried by railways, a substantial quantity of tea was also carried by road or by inland waterways and, as such, became liable to pay tax leviable under the assam ..... pipe lines installed by oil companies at considerable expense on land on which they have acquired right of way at their own expense and which are policed and maintained by oil companies entirely at their own expense. the state provides no facility and incurs no expense whatsoever in facilitating the trade or ..... .l. subrahmanyam chettiar v. muattuswami goundan air 1941 fc 47 followed the doctrine. in prafulla kumar mukherjee v. bank of commerce ltd. khulna air 1947 pc 60, the privy council referred to subramanayam chettiar's case in dealing with the question of distribution of powers and laid down the test of pith .....Tag this Judgment!
Court : Guwahati
..... as follows:the old doctrine of only relegating the aggrieved to the remedies available in civil law limits the role of the courts too much as protector and guarantor of the indefeasible rights of citizens. the courts have the obligation to satisfy the social aspirations of the citizens because the courts and the ..... the people and expected to respond to their aspirations.in para 35 it was pointed out as follows:this court and the high courts, being the protectors of the civil liberties of the citizen, have not only the power and jurisdiction but also an obligation to grant relief in exercise of its jurisdiction ..... some damages. against the decree, the defendants preferred separate appeals to the high court. wallis, c.j. held as follows:in respect of acts done by the east india company in the exercise of its sovereign powers, it could not have been made liable for the negligence of its servants in the course ..... the facts and circumstances of the case an amount of rs. 75,000/- was awarded as against the delhi administration.(13) bhagwan singh v. state of punjab (1992) 3 scc 249. the supreme court in this case relied on its earlier decision in dagdu v. state of maharashtra (1977) 3 scc 68 and ..... ralia ram jain for the loss caused to it by the negligence of the police officers employed by the respondent. on 29.9.1947, ralia ram was arrested and his belongings were searched and he was taken to the kotwali police station. some gold and silver were seized from him. the silver was returned .....Tag this Judgment!