Guwahati Court April 1998 Judgments
Manjushree Extrusions Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-29-1998
D.N. Chowdhury, J. 1. All these 9 cases were taken up together for hearing since common question of facts and law were involved with little variation of facts in Civil Rule No. 1224 of 1997 (S.M. Ispat Ltd. v. State of Assam), Civil Rule No. 2382 of 1997 [United Soft Drinks (P) Ltd. v. State of Assam] and Civil Rule No. 2672 of 1997 (Kamakhya Udyog Pvt. Ltd. v. State of Assam).2. The legality and the validity of the provisions of the Assam Industries (Sales Tax Concessions) Scheme, 1995 envisaging sales tax exemption in respect of industries undertaking expansion, modernisation and diversification confined to the increase in production after expansion, modernisation and diversification are primarily challenged in these proceedings.3. The writ petitions, inter alia, recounted the industrial policy of the State Government commencing from the year 1982 which provided for incentives to the new industries established within the State of Assam by way of sales tax exemption for a period of ...
Tag this Judgment!M. Chongacha Tangkhul Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Apr-22-1998
J.N. Sarma, J. 1. This writ application has been filed by the petitioner claiming ex gratia/compensation of Rs. 20,000/- for the death of his son Mr. M Tharthing aged about 28 years.2. The cage of the petitioner is that on 22-5-1990 at about 6 p.m. he was apprehended by the security personnel of 20th Assam Rifles and oh 23-5-1990 at about 1.30 a.m. the son of the petitioner was brutally shot dead by the security personnel of 20th Assam Rifles at Shiroi Chingkha village in the presence of the petitioner, and other two villagers of Shiroi namely, (i) Mr. V.C. Titus and (ii) Miss Joycee. Thereafter, the dead body was handed over to the members of the family after post mortem. A representation was filed for payment of ex gratia/compensation but that was not paid, hence, this writ application.3. The Governor of Manipur on 3rd July, 1989 issued an order regarding payment of ex gratia grant. That is quoted below:-- 'No. 1 (1)/26/79-H(Pt). -- In supersession ofall previous orders on the sub...
Tag this Judgment!Rani Barman and ors. Vs. Anupam Paul Choudhury and ors.
Court: Guwahati
Decided on: Apr-22-1998
V.D. Gyani, Actg. C.J.1. This appeal arises out of an award dated 31.5.1993 made by learned Member, Motor Accidents Claims Tribunal, Silchar, in M.A.C. Case No. 66 of 1989, thereby awarding an amount of Rs. 60,000 as compensation in full and final settlement of the appellants' claim with interest at the rate of 12 per cent per annum to be calculated from the date of judgment till realisation.2. We have heard Mr. M. Singh, learned counsel for the appellants. None appears for the respondents despite service of notices. It is only in case of respondent No. 2 that his name was directed to be struck off as per order dated 30.8.1995. So far as the insurer and the insured are concerned, the respondent Nos. 1 and 2 are duly served and despite service of notices they have not chosen to enter appearance. None appears for the respondent No. 3 although Mr. Rajen Choudhury, Advocate has filed his vakalatnama and his name also appears in the cause list but he is not present. The appeal is being rep...
Tag this Judgment!Assam Roller Flour Mills Association and anr. Vs. Union of India (Uoi) ...
Court: Guwahati
Decided on: Apr-02-1998
J.N. Sarma, J.1. All these writ applications raise the same question of law and almost the same question of facts and as such, all these cases are taken up for hearing together. This common judgment shall decide the fate of all these writ applications.2. Civil Rule No. 287 of 1998 has been filed by Assam Roller Flour Mills Association represented by its General Secretary and the prayers made in this writ application are to set aside the letter dated 11-12-97, WT Message dated 12-1-98 and 19-1-98 (Annexures 3, 5 and 7 respectively) to that writ application Civil Rule No. 318 of 1998 has been filed by AH Assam Modern Chakki Mills Association and two others and the prayer is made in the writ application to set aside the WT message dated 19-1-98 only as mentioned above. Civil Rule No. 1088 of 1998 has been filed by 5 persons and they are consumers under the public Distribution System and the prayer made in the writ application is that the order dated 19-1-98 (Annexure-B) to the writ appli...
Tag this Judgment!Indian Oil Corporation Ltd. (Assam Oil Division) Vs. Presiding Officer ...
Court: Guwahati
Decided on: Apr-02-1998
D. Biswas, J. 1. This writ appeal is preferred by the Indian Oil Corporation Limited (Assam Oil Division), Digbqi against the judgment and order dated September 27, 1996 passed by the learned Single Judge dismissing the Civil Rule No. 1078/1993.2. The appellant in the aforesaid writ petition under Article 226 of the Constitution challenged the order of reference dated March 15, 1993 passed by the respondent Government of India in exercise of powers conferred by Clause (d) of Sub-section 1 read with Sub-section 2(A) of Section 10 of Industrial Disputes Act, 1947. The appellant-Corporation, which is an instrumentality of the State, has its licenced contractors as per provisions of the Contract Labour (Regulation and Abolition) Act, 1970, hereinafter referred to as the Act, to discharge various kinds of jobs of the Corporation including sealing and filling of LPG Cylinders at Duliajan Bottling Plant. The contract for such work was given to Shri Nabin Chander Hazarika for the period begi...
Tag this Judgment!Musstt. Harun Ness Khanam Vs. Md. Maklisur Rahman Alias Maklisuddin
Court: Guwahati
Decided on: Apr-02-1998
A.K. Patnaik, J.1. This is an application under Section 401 read with Section 482 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.') against the judgment and order dated 7-4-1992 passed by the learned Sessions Judge, Karimganj, in Criminal Revision No. 9(1)/90) allowing the Revision petition of the opposite party.2. The facts briefly are that on 1-9-1989, the petitioner filed an application under Section 125, Cr.P.C. stating therein that a marriage was solemnised between the petitioner and the opposite party as per Muslim Shariat on 13 Chaitra, 1389, BS. In the said petition, she alleged, inter alia, that the opposite party mal-treated her and ultimately in the month of Baisakh, 1391, BS.drove her out of the house of the opposite party when she was pregnant. The petitioner then took shelter in her father's house and a girl baby was born to her. The opposite party did not provide for the maintenance either to the petitioner or to the said girl baby. On the other hand, the oppos...
Tag this Judgment!Smt. Maitreyee Mahanta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-02-1998
Ramakrishna, C.J. 1. By virtue of an order made by a learned single Judge of this Court on 24th of February, 1998 in civil Rule No. 8,74/98, these petitions have been referred to a Division Bench for being heard and disposed of. This is how these matters have been set down for hearing before Division Bench today.2. Since common questions of facts and law have arisen out of these writ petitions, we propose to dispose of these Civil Rules by the following common judgment and orders.3. An application was filed seeking to implead respondent Nos. 6 to 37 as necessary parties in Civil Rule No. 874/98, that application having been allowed by order dated 3-3-1998, these respondents came to be added and accordingly the cause title of the writ petition came to be amended.4. The writ petitioners claimed to he persons representing the community of Koch Rajbangshi in the State of Assam and that this community was declared as Other Backward Class community in the State of Assam vide Notification N...
Tag this Judgment!- ‹ Prev
- Next ›