Guwahati Court December 1995 Judgments
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Vinay Cements Limited Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-06-1995
S.L. Saraf, J.1. By this writ petition, thepetitioners have sought for a writ of mandamus for a direction on the respondents to grant eligibility certificate under the incentive scheme of the Government of Assam, Department of Industries known as 1982 Scheme issued by the Department of Industries on 12th of October, 1982. By the said scheme, the Government of Assam announced a package of incentives on new industries and existing industries for undertaking expansion and or diversification of the existing industries. The said incentives intended to give an impetus to a speedy industrial development and extend assistance to individual entrepreneurs and in particular, encourage local entrepreneurs to take up industrial ventures, the Government of Assam announced an industrial policy vide Notification No. Ml.60/67 dt. the 8th March, 1969. The policy laid down guidelines in respect of fiscal incentives, provision of infrastructure, markeing facilities, suitable power tariffs and extension ...
Nishithendu Dhar Vs. State of Assam and anr.
Court: Guwahati
Decided on: Dec-01-1995
A.K. Patnaik, J. 1. In this application under Article 226 of the Constitution, the petitioner, who is a practising Advocate of the Gauhati High Court, has challenged the notification dated 19.8.1992 insofar as it inserts a proviso after second paragraph in Rule 1 of Chapter V-A of the Rules of the Gauhati High Court that more than one Individual can jointly file a single writ petition if each such individual says separate court fees payable on such application.2. The case made out in the writ petition is that under Schedule II of the Court Fees Act, 1870, as amended by the Court Fees (Assam Amendment) Act. 1972, a fixed court fee of Rs. 50 is payable on an application or petition presented to the High Court under Article 226 of the Constitution of India. Hence any rule requiring payment of court fees of more than Rs. 50 on a petition presented to the High Court under Article 226 of the Constitution would be ultravires the said provisions of the Court Fees Act. The aforesaid proviso t...
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