Guwahati Court February 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Madan Lal Sharma and anr. Vs. State of Assam
Court: Guwahati
Decided on: Feb-09-1999
D. Biswas, J.1. The appellants Shri Madan Lal Sharma and Shri Kedar Nath Gupta were tried for an offence under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short 'the Act'). The learned Chief Judicial Magistrate, Nagaon convicted both the appellants and sentenced them to undergo R.I. for 6 (six) months and to pay a fine of Rs. 2,000/- each and in default to undergo R.I. for one month more. The Learned Additional Sessions Judge, Nagaon vide judgment dated 2-4-93 confirmed the judgment and order of conviction and sentence in Criminal Appeal No. 1 (N-l) of 1992. Hence this revision has been preferred by the accused persons named above.2, Dr. N.K. Choudhury, Food Inspector, Nagaon, inspected the premises of M/s. Shiva Hotel and Restaurant situated at Hojai Town and in presence of P. Ws. 2 and 3, Office Peons, purchased samples of cows milk kept in the restaurant for sale from Shri Madan Lal Sharma, the Manager of the restaurant. The sample of milk p...
M. Romen Singh Vs. Smt. Daulousiru and ors.
Court: Guwahati
Decided on: Feb-05-1999
Sarma, J. 1. The question of law involved in this case is that whether a single Judge can entertain a writ appeal and pass an interlocutory order when a Division Bench is not available in the station/in an outlying Bench in view of the Rule 2(2) of Chapter V-A of the Gauhati High Court Rules. This rule was amended on 19-8-1992. Prior to that this rule reads as follows. '2. Every such application shall be made and heard before the Division Bench except where the Chief Justice otherwise directs ; Provided that during the vacation such application may be made before the vacation Judge: Provided further that when or where no Division Bench is sitting or available it shall be competent for a single Judge to pass any interlocutory orders in such application and direct the same to be placed before a Division Court for orders :Provided also that all interlocutory matters including stay and condonation of delay application and substitution petitions shall be dealt with by a single Judge unle...
Gopal Chandra Saha Vs. United India Insurance Co. Ltd. and anr.
Court: Guwahati
Decided on: Feb-03-1999
A.K. Patnaik, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 8.9.1992 of the Motor Accidents Claims Tribunal in the Title Suit (MAC) No. 120 of 1990 filed by the claimant/ appellant.2. The facts briefly are that on 23.1.90, the appellant was travelling in a jeep bearing registration No. TRT 459 from Nagichhara to his residence at Maloynagar. The said jeep landed in a ditch on the right side of the road and as a result the appellant sustained injuries and became unconscious. He was thereafter taken for treatment to GB Hospital where the attending doctor opined that his right eye had been badly affected. He was referred to Guwahati for further treatment and he received further treatment at Guwahati. But his right eye was damaged beyond recovery. In the circumstances, he filed Title Suit (MAC) No. 120 of 1990 before the Motor Accidents Claims Tribunal, West Tripura, Agartala and by the impugned judgment and award dated 8.9.19...
Md. Siraj Ahamed Vs. the State Election Commission and ors.
Court: Guwahati
Decided on: Feb-03-1999
N.S. Singh, J. 1. The order dated 19 May, 1998 passed by the learned Member, Election Tribunal, Imphal, Manipur in Election petition Misc. Case No. 1 of 1998 (Ref: ElectionPetition No. 1 of 1998) is the subject matter under challenge in this writ petition. 2. Supporting the case of the writ petitioner. Mr. N. Kotishwor Singh, the learned counsel contended inter alia, that the writ petitioner, the respondent No.4 and other 4(four) persons were the contesting candidates In the Election to the Pradhan of seat No.7/18, Kairang Khomidok Gram Pancnayat and that the election was held smoothly on 31-1-1997; the writ petitioner was declared to have been elected by over 60 (sixty) votes more than his nearest rival candidate, namely, the respondent No.4 and accordingly, on the same day a certificate of election was issued by the respondent No. 3 in favour of the petitioner but the petitioner heard that his election has been nullified by the respondent No.3 and subsequently, a notice was issued ...
Nongthombam Mangoljao Singh and ors. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Feb-03-1999
J.N. Sharma, J. 1. In order to appreciate the scope of this matter now pending before the full Court, the order dated July 28, 1994 passed by the learned Judge may be quoted - 'The question for determination in these two Writ Petitions is as to whether a Crafts Inspector or Instructors working in the Basic Training Institute of the Government of Manipur is a workman within the meaning of Rule 3(b) and the note appended thereto of the Manipur Service Laws (1st Amendment) Rules, 1976 liable to retirement from service at the age of 60 years instead of 58 years. The petitioners' case is that they were workmen as has been held by a Division Bench of this Court in Judgment dated January 18, 1984 in Civil Rule No. 31 of 1983. The respondent's case, on the other hand, is that the petitioners being Instructors are doing the work essentially that of a teacher and the Supreme Court in the case of A.S. Sundarambal v. Goa, Daman and Diu reported in (1989-I-LLJ-61) has held that a teacher does not...
Aswini Kumar Deka Vs. General Manager, Assam State Transport Corporati ...
Court: Guwahati
Decided on: Feb-02-1999
D. Biswas, J.1. The appellant Aswini Kumar Deka was on board of an A.S.T.C. bus No. ASX 2474 and was on his way to Kharupetia from Guwahati on 7.10.1985. The bus was involved in an accident with 155 Dn Tinsukia Mail on the railway-level crossing at Changsari along with another vehicle (truck No. UBQ 7744). The casualties included the appellant who had suffered serious injuries and has been rendered permanently disabled. The appellant as claimant has filed M.A.C. Case No. 43 (K) of 1986 before the learned Member, Motor Accidents Claims Tribunal, Kamrup, claiming a compensation of Rs. 5,00,000. The learned Tribunal, on completion of the proceedings, awarded compensation of Rs. 1,50,000 with a direction to the N.E. Railway to pay 75 per cent and the balance to be paid by the Assam State Transport Corporation.2. Being dissatisfied with the aforesaid, the claimant has preferred this appeal for enhancement of quantum of compensation. During the pendency of the appeal, the appellant filed a ...
Kuki Ginger Producers Association of Karbi Anglong District Vs. State ...
Court: Guwahati
Decided on: Feb-02-1999
D.N. Chowdhury, J. 1. The constitutionality of levy of sales tax on gingers under the Assam General Sales Tax Act, 1993 is the core question involved in this writ petition.2. The petitioner is an association of Kuki Ginger Producers of Karbi Anglong district in the State of Assam. According to the petitioner, the Kukies-- a Scheduled tribe within the meaning of Article 442 of the Constitution of India, traditionally grow ginger in the Karbi Anglong district. Ginger cultivation is the main source of earning livelihood for the Kuki tribe in the rural area. Ginger being a vegetable, was not a taxable item under the Assam Sales Tax Act, 1947. Amongst others, vegetables which included ginger was an exempted item under Section 7 of the Assam Sales Tax Act, 1947. The Assam General Sales Tax Act, 1993, hereinafter referred to as 'the Act, 1993', was enacted to amalgamate, consolidate and amend the laws relating to the levy of tax on the sale or purchase of goods in the State of Assam. All sa...
- ‹ Prev
- Next ›