Guwahati Court December 1998 Judgments
Guruari Bam Joychandra Sharma Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-29-1998
1. These two writ petitions arise out of common question of law and facts and as such they are being disposed of by this common judgment.2. Shri Bikramjit Singh is the petitioner in Civil Rule No. 166 of 1991 and Shri Gauruaribam Joychandra Sharma is the petitioner in Civil Rule No.165 of 1991. It is stated in both the petitions that by an order dated 4th of April, 1991 (Annexure-A/1) the Government regulairsed the services of respondent Nos. 3 to 7 as Executive Engineers of he Public Health Engineering Department, Government of Manipur with effect from 26.12.1979. It is this order which has been challenged by the petitioners in both the writ petitions on the ground of arbitrariness, discriminatory and violative of Articles 14 and 16 of the Constitution of India.3. The Division Bench of this High Court by judgment and order dated 25.8.1993 quashed the order of the Government dated 4th April, 1991 (Annexure-A/1) on the ground that no reason was assigned nor any explanation was given by ...
Tag this Judgment!Guruari Bam Joychandra Sharma Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-29-1998
1. These two writ petitions arise out of common question of law and facts and as such they are being disposed of by this common judgment.2. Shri Bikramjit Singh is the petitioner in Civil Rule No. 166 of 1991 and Shri Gauruaribam Joychandra Sharma is the petitionerin Civil Rule No.165 of 1991. It is stated in both the petitions that by an order dated 4th of April, 1991 (Annexure-A/1) the Government regulairsed the services of respondent Nos. 3 to 7 as Executive Engineers of he Public Health Engineering Department, Government of Manipur with effect from 26.12.1979. It is this order which has been challenged by the petitioners in both the writ petitions on the ground of arbitrariness, discriminatory and violative of Articles 14 and 16 of the Constitution of India.3. The Division Bench of this High Court by judgment and order dated 25.8.1993 quashed the order of the Government dated 4th April, 1991 (Annexure-A/1) on the ground that no reason was assigned nor any explanation was given by t...
Tag this Judgment!Borduria Timber Products Pvt. Ltd. and ors. Vs. State of Arunachal Pra ...
Court: Guwahati
Decided on: Dec-24-1998
B.N. Singh Neelam, J. 1. This Civil Rule Petition has been filed by M/s. Bardurla Timber Products Private Limited being represented by its Director Shri Shankarlall Ajitsaria Under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of Certiorari and/or Mandamus with a direction to the Respondents Nos. 1 to 4 as not in any way to dispose of the raw materials, finished goods, plant and machinery of the petitioner-company for which there was invitation of tenders so published and hence to that effect there is also a prayer for quashing such tender notices, copies of which are filed marked as Annexures-12 and 13 which are dated 20-1-98 and 27-1-98. As regards the taking over of the factory and its assets including finished and semi-finished goods and other consumable goods with that of the building etc. from the petitioner on the basis of the decision so arrived at by the Apex Court in two Writ Petitions, i.e. WP(C) No. 202 of 1995 and WP(C) No. 1...
Tag this Judgment!Chotatingrai Tea Estate Pvt. Ltd. and ors. Vs. Commissioner of Income- ...
Court: Guwahati
Decided on: Dec-22-1998
N.C. Jain, Actg. C.J. 1. By virtue of this judgment, we intended to dispose of Income-tax References Nos. 14, 15 and 16 of 1995 as the questions of law referred to us by the Tribunal are similar and they arise out of common orders of the assessing authority, the appellate authority and the Income-tax Tribunal. This court directed the Tribunal under Section 256(2) of the Income-tax Act (hereinafter referred to as 'the Act'), to prepare the statement of the case and refer the two questions. The questions which have been so referred in pursuance of the order of this court are given below : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal having held that the assessee have fulfilled all the conditions laid down in Section 35CCA of the Income-tax Act, 1961, read with Rule 6AAA of the Income-tax Rules for deduction of the amount donated to the approved society, which had not come back to the assessee soon after or later on in some form or the other, that the Tri...
Tag this Judgment!Ripunjoy BorgohaIn Vs. State of Assam
Court: Guwahati
Decided on: Dec-17-1998
D.N. Chowdhury, J.1. The Appeal is directed against the judgment dated 21-5-1994 passed by the learned Additional Sessions Judge, Dibrugarh conviction the accused/appellant under Section 302, IPC and sentencing him to undergo life imprisonment. On an F.I.R. dated 3-1-1988 Jaipur Police Station Case No. 3/88 was registered under Section 302, IPC. The above information was lodged by the PW 2, Shri Dina Bora before the Officer in Charge Joypore Police Station informing that his younger brother Pradhan Bora was killed by Ripunjoy Borgohain by stabbing him in the abdomen with a dagger in front of Ashok Hotel near Moran Tiniali. After completion of the investigation the Police submitted charge sheet under Section 302, IPC. On committal the learned trial Court charged the accused/appellant under Section 302, IPC. PW 1 is the Doctor who made the autopsy of the deceased and on examination he found the following injuries :Injury No. 1:- One stab injury on the right upper abdominal wall of size ...
Tag this Judgment!Md. IslahuddIn Shah Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-15-1998
H.K.K. Singh, J.1. Heard Mr. Ng. Kumar, the learned counsel appearing on behalf of the petitioner and Mr. R.S. Reisang, learned Additional Government Advocate appearing on behalf of the respondents.2. The petitioner joined service in the Department of Agriculture, Government of Manipur as L.D.C. in the Year 1957. On 25.11.1992 he was promoted to the post of Superintendent carrying the pay scale of Rs. 1600-2650. Thereafter by an order dated 24.2.1993 he was put to be in-charge Accounts Officer of the Horticulture and Soil Conservation Department, Manipur in addition to his normal duty without extra remuneration and he took the charge as Accounts Officer on 1.8.1993 (F.N.). He continued to hold the duel charge of Superintendent and that of the Accounts Officer till the date of his retirement on superannuation on 28.2.1998. While performing the duties of the aforesaid 2 posts, the petitioner was not allowed to enjoy the pay scale of the Accounts Officer, i.e., Rs. 1640-3-2600-EB-75-2900...
Tag this Judgment!Suresh Kumar JaIn and ors. Vs. Substituted by Legal Heirs Saraswati Ku ...
Court: Guwahati
Decided on: Dec-14-1998
1. This appeal under section 54 of the Land Acquisition Act, 1894 has been preferred controverting the judgment and award dated 1.10.1986 passed by the Assistant District Judge No. 2 at Guwahati in Misc (Ref.) Case Nos. 43, 44, 45, 46 & 47 of 1983 arising out of the award given by the Collector in Land Acquisition Case No. 20 of 1980.2. A plot of land measuring 40 Bighas of village Dwarandha in Beltola Mouza was acquired by the State Government vide Notification No. RLA. 3/80/7 dated 9.9.1980 and Declaration No. RLA. 3/80/11 dated 24.10.1981. The possession of the land was taken over by the Collector on 8.12.1981.3. Respondent No. 1 Kuladhar Kumar, since deceased and now represented by his legal heirs, laid his claim for apportionment of compensation amount as tenant in respect of 1 Bigha 4 Kathas and 11 Lechas out of Dag No. 534 of Kheraj Periodic Patta No. 177. The Collector made an apportionment of a sum of Rs. 14,826.37 paise on favour of Respondent No. 1.4. Another plot 1 Bigha 3 ...
Tag this Judgment!Suresh Kumar JaIn and ors. Vs. Substituted by Legal Heirs Saraswati Ku ...
Court: Guwahati
Decided on: Dec-14-1998
1. This appeal under section 54 of the Land Acquisition Act, 1894 has been preferred controverting the judgment and award dated1.10.1986 passed by the Assistant District Judge No. 2 at Guwahati in Misc (Ref.) Case Nos. 43, 44, 45, 46 & 47 of 1983 arising out of the award given by the Collector in Land Acquisition Case No. 20 of 1980.2. A plot of land measuring 40 Bighas of village Dwarandha in Beltola Mouza was acquired by the State Government vide Notification No. RLA. 3/80/7 dated 9.9.1980 and Declaration No. RLA. 3/80/11 dated 24.10.1981. The possession of the land was taken over by the Collector on 8.12.1981.3. Respondent No. 1 Kuladhar Kumar, since deceased and now represented by his legal heirs, laid his claim for apportionment of compensation amount as tenant in respect of 1 Bigha 4 Kathas and 11 Lechas out of Dag No. 534 of Kheraj Periodic Patta No. 177. The Collector made an apportionment of a sum of Rs. 14,826.37 paise on favour of Respondent No. 1.4. Another plot 1 Bigha 3 K...
Tag this Judgment!Thingnam Angouba Singh and ors. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-10-1998
1. In this writ petition the petitioners, expressed their common grievances and sought for a direction to the State respondents to implement the recommendations submitted by the then Director, Family Welfare Department, under office letter, dated 2.11.95, as in Annexure A/29 to the writ petition ; to implement or strictly adhere, the mandatory guidelines, formulated by the Government of India, in respect of Staffing pattern, as in Annexure A/2 to the writ petition and, to direct the State respondents not to take up any steps for adoption, of the existing Recruitment Rules of. District Extension and Media Officer for the post of Assistant Director (Mass Medial/State Mass Education and Media Officer, and also adoption of recruitment Rules of Health Education Instructors, for Health Education on the basis of the proposal made under office letter dated 19.8.96 and 4.3.96 as in annexure A/33 and A/34 to thewrit petition, coupled with the prayer to restrain, them from filling up of the exi...
Tag this Judgment!Dhanu Alias Dhananjoy Debnath and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Dec-10-1998
D.N. Chowdhury, J.1. This appeal is directed against the judgment and order dated 27-2-93 passed by the learned Additional Sessions Judge, West Tripura, Agartala, in Sessions Trial No. 14 (W. T. /K) 1991, convicting the accused under Section 302 read with Section 34 of the I.P.C. and sentencing them to undergo life imprisonment. In addition convicted the accused under Section 201, I.P.C. and sentenced them to undergo imprisonment for two years. Further, two of the appellants Shri Dhanu Debnath and Manoranjan Debnath were also convicted under Section 326, I.P.C. and sentenced to undergo imprisonment for four years. Hence this appeal. 2. The prosecution case started on the basis of an F.I.R. orally made before the Officer-in-Charge, Kalyanpur Police Station by Shri Surendra Debnath, P.W. 9 which was registered as Kalyanpur P. S. Case No. 7(5)89 under Sections 148/149/341/326/302/201, I.P.C. In the FIR it was alleged that on 19-5-89 at about 10 O'clock while the informant Shri Surendera ...
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