Guwahati Court July 1992 Judgments

Shri. Mamat Chandra Das Vs. the State of Assam and ors.

Court: Guwahati

Manisana, J. 1. The facts leading to this petition under Article 226 of the Constitution of India may, in brief, be noticed. The petitioner Shri Mamat Chandra Das is an 'appointed dealer' under the Assam Public Distribution of Articles, 1982 ('Order' for short). The Deputy Commissioner Kamrup, by his order dated, 15-7-92, suspended the licence of the petitioner. The ground of suspension of the licence was that, on perusal of the report dated 23-6-92 submitted by Shri B. K. Singh Inspector of Food and Civil Supplies Guwahati regarding functioning of the FP shop of the petitioner, the Deputy Commissioner found that some irregularities were detected in respect of the FP shop. 2. Sub-clause(1) of Clause 15 of the Order provides that, if the licensee or his agent or servant or any other person acting on his behalf contravenes any of the terms and conditions of the licence, his licence may be cancelled or suspended by any order in, writing of the Licensing Authority. It is well-recognise...

Kailash Chand Gaggar Vs. State of Assam

Court: Guwahati

U.L. Bhat, C.J.1. Urban Health Officer, Nagaon Municipality (P.W. 1) accompanied by Food Inspector and others visited the Oil Mill of revision petition on 10-9-1978. When they went to the godown they saw two labourers sealing tins. The labourers escaped. Revision petitioner and his father came there. In response to questions, revision petitioner stated that the tins contained rape seed oil. After observing all legal formalities, P.W.1 purchased requisite quantity of rape seed oil for the purpose of analysis. He divided the sample into three equal parts and dealt with the same as required by the provisions of the Food Adulteration Act, 1954 (for short 'the Act') and the Rules framed thereunder. One part of the sample was sent to the Public Analyst with memorandum by special messenger and two samples were similarly sent to the Local Health Authority. Report of Public Analyst showed that the sample was adulterated inasmuch as it contained prohibited coal tar dye. After duly obtaining san...

Kanak Chandra Boro and ors. Vs. Kankaria Tea Company and ors.

Court: Guwahati

D.N. Baruah, J.1. This Miscellaneous First Appeal is directed against the judgment and order dated 30-4-87 passed by the Assistant District Judge, Darrang, Mangaldoi, in Misc.(J) Case No. 2 of 1987, arising out of Title Suit No. 20/73, dismissing the petition for setting aside the ex parte decree dated 24-6-83. 2. The first respondent M/s. Kankaria Tea Company as the owner of Sembari Tea Estate, filed a suit (TS 20/73) in the Court of Asstt. District Judge, Tezpur for declaration of their right, title and interest over an area of land measuring 368 Bighas and for recoveryof khas possession. All the defendants entered appearance. Along with the plaint in application under Order 39 Rules 1 and 2 of C.P.C, was also filed praying for temporary injunction restraining the defendant-appellants from erecting houses and digging earth and/or doing any act which may cause damage to the suit land. The Asstt. District Judge granted temporary injunction as prayed for. The defendants filed objectio...

Kanak Chandra Boro and ors. Vs. Kankaria Tea Company and ors.

Court: Guwahati

Reported in: AIR1993Gau94

D.N. Baruah, J.1. This Miscellaneous First Appeal is directed against the judgment and order dated 30-4-87 passed by the Assistant District Judge, Darrang, Mangaldoi, in Misc.(J) Case No. 2 of 1987, arising out of Title Suit No. 20/73, dismissing the petition for setting aside the ex parte decree dated 24-6-83.2. The first respondent M/s. Kankaria Tea Company as the owner of Sembari Tea Estate, filed a suit (TS 20/73) in the Court of Asstt. District Judge, Tezpur for declaration of their right, title and interest over an area of land measuring 368 Bighas and for recoveryof khas possession. All the defendants entered appearance. Along with the plaint in application under Order 39 Rules 1 and 2 of C.P.C, was also filed praying for temporary injunction restraining the defendant-appellants from erecting houses and digging earth and/or doing any act which may cause damage to the suit land. The Asstt. District Judge granted temporary injunction as prayed for. The defendants filed objection a...

Warren Tea Ltd. and anr. Vs. State of Assam and ors.

Court: Guwahati

R.K. Manisana, J. 1. In this application under Article 226 of the Constitution of India, the petitioner, who is an assessee under the Assam Agricultural Income-tax Act, 1939, has challenged an order of the Agricultural Income-tax Officer made on June 10, 1986, refusing to change the 'previous agricultural year'. 2. Section 2(d) of the Assam Agricultural Income-tax Act, 1939, runs as follows : ''previous agricultural year' means the twelve months ending the 31st day of March preceding the year for which the assessment is to be made, or, if the accounts of the assessee have been made up to a date within the said twelve months in respect of a year ending on any date other than the said 31st day of March, or if the accounts of an assessee are made up to a date ending on the last day of a Bengali or Ramnavami year beyond the said 31st day of March then at the option of the assessee the year ending on the day to which his accounts have so been made up; Provided that, if this option has on...

Harendra Chandra Nath and ors. Vs. Bijoy Krishna Nath and ors.

Court: Guwahati

D.N. Baruah, J. 1. This second appeal is directed against the judgment and decree dated 3-4-86 passed by the District Judge, Cachar, Silchar dismissing the appeal and confirming the judgment and decree dated 17-12-83 passed by the Assistant District Judge, No. 2, Silchar, Cachar, in Title Suit No. 77 of 1980. 2. At the time of admission of appeal only one substantial question of law was formulated i.e. 'whether the suit is barred bylimitation?' 3. At the time of hearing also the learned counsel for the appellants has urged only this question of law. The fact of the case, is that --Upendra Chandra Nath (since deceased) instituted a suit (T.S. No. 77/80) in the Court of the Assistant District Judge No. 2, Cachar, Silchar against Bijoy Krishna Nath, Anil Kr. Nath and two others. The third and fourth defendants were pro forma defendants. During the pendency of the suit Upendra Ch. Nath died leaving behind the appellants as his legal heirs. Accordingly their names were substituted. The pl...

Narayan Roy Vs. the State of Tripura and ors.

Court: Guwahati

D.N. Baruah, J. 1. This revision petition is directed against the judgment dated 31-5-85 passed by the Subordinate Judge, West Tripura District, Agartala in T.S. No. 118 (Arb) of 1983, rejecting the application under S: 8(2) of the Arbitration Act. 2. The petitioner fifed an application under Section 8(2) of the Arbitration Act (for short 'the Act'), praying for appointment of an Arbitrator. The said application was registered as Suit (T.S. 118 (Arb)/ 83). The facts of the case are in narrow compas : the petitioner submitted a tender in respect of supply of stone boulders. His tender was accepted and a deed of agreement was executed between the parties. As per the agreement, the work was to be completed within 31-12-82. The value of the tender was Rupees 11,90,000/-. After execution of the deed of agreement, the petitioner took up the work but the work could not be completed in time. The third respondent therefore extended time up to 31-12-82. Meanwhile, there had been a hike in the ...

Naresh Ch. Deb Barma (Dead) by L. Rs. Vs. Sri Gopal Chandra Banerjee a ...

Court: Guwahati

D.N. Baruah, J. 1. Naresh Chandra Deb Barma (Since deceased), predecessor-in-interest of the present appellants preferred this appeal against the judgment dated 21-12-79 passed by the Additional District Judge, Tripura, Agrartala, in Civil Misc. Appeal No. 2 of 1979 reviewing the judgment dated 30-6-79 passed by him in Civil Misc. Appeal No. 11 of 1978 allowing the appeal by the Subordinate Judge, West Tripura, Agartala in T.S. No. 41 of 1978. 2. Late Naresh Chandra Deb Barma as plaintiff brought a suit (TS No. 41 /78) in the Court of the Subordinate Judge, West Tripura, Agartala, against the respondents. His case, inter alia, is that he was in possession of the suit land (Plot No. 7219) which was recorded in Khatian No. 2616 of Mouza Agartala. There was another plot of land (Plot No. 7225) to the east of the said plot. This plot was recorded as government land. The plaintiff was in possession of the said government land and the government did not take any steps for his eviction. H...

Sri. Amar Singh Chetri Vs. Sri. Bijay Chandra Modak and ors.

Court: Guwahati

U.L. Bhat, J. 1. The revision petitioner is the plaintiff. He filed a suit for declaration of title and for permanent prohibitory injunction restraining the defendants from interfering with his peaceful possession. An order of injunction was passed in his favour and that was vacated after hearing the defendants. This was on 19-9-85. The plaintiff filed an application to withdraw the suit with permission to file a fresh suit since according to him the defendants after the injunction was vacated, trespassed into the property and reduced into his possession on 20-9-85. The Court dismissed the application. Thereafter the plaintiff filed an application to amend the plaint seeking to substitute the prayer for decree for permanent injunction by a prayer for recovery of possession. The lower Court dismissed the application on the ground that the plaintiff was out of possession on the date of the suit and should have sued for possession and not injunction in the original plaint, that the ques...