Guwahati Court March 1999 Judgments
Sabinus Ignatius Ekka and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Mar-31-1999
D.N. Chowdhury, J.1. The issue for adjudication in this proceeding relates to Constitution of Governing/Special Body of a Government Aided College, which arises out of the following circumstances.2. By a notification dated 20-1-1999, issued under the signature of the Joint Secy, to the Govt. of Assam, Education (H) Department bearing No. B(2)H, 380/96/12, in exercise of the powers conferred under Rules 2 and 3 of the Assam Aided College Management Rules, 1976, hereinafter referred to as the Rules 1976, the Governor of Assam was pleased to constitute a Special Body for Dibru College, district Dibrugarh, with the following members :'1. Dr. Nagen Saikia, President, Assam Sahltya Sabha, Professor, Deptt.of Assamese, D. U. .. President Member2. Sri BN Jamuar, Retd. Principal, Advocate .. Member3. Sri Badan Saikia, Social Worker, Naliapul, Dibru -garh. .. --do--4. Mrs Hasna Baruah, Retd. Principal, Dibrugarh Govt. Girls II. S. School --do--5. Sri S. I. Ekka, Advocate, Dibrugarh --do--6. Sri...
Tag this Judgment!National Textile Corporation (Wbabo) Ltd. Vs. Presiding Officer, Labou ...
Court: Guwahati
Decided on: Mar-30-1999
Brijesh Kumar, C.J.1. The precise question which arises for consideration in this Writ Appeal is about the relative scope of the provisions contained under Section 33 and Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). A case, where approval to proposed punishment has been granted by the Industrial Tribunal under Section 33(2)(b) of the Act, it would or not, create bar by applying principles of res judicata to examine the order of punishment on merits, in adjudication proceedings initiated and referred to at the instance of the employee, under Section 10 of the Act.2. The brief facts are that the respondent No. 3 namely, Sri Achyut Talukdar was working as Section assistant in Civil Department in the Associated Industries (Assam) Spinning Unit, Charidrapur belonging to the National Textile Corporation (WBABO) Ltd. Certain charges seem to have been levelled against the respondent No. 3 and one of his co-workers. It appears that some other proceeding...
Tag this Judgment!Commissioner of Income-tax Vs. Deha Assam Tea Co. (P) Ltd.
Court: Guwahati
Decided on: Mar-25-1999
Brijesh Kumar, C.J. 1. The two questions referred to this court under Section 256(1) of the Income-tax Act, 1961, are as follows :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that tractors used as agricultural machinery is entitled to additional depreciation ?2. Whether, on the facts and in the circumstances of the case and when the tractors and agricultural machinery were used as agricultural machineries, the Tribunal was justified to hold that the assesses is entitled to investment allowance on such tractors and agricultural machinery ?'2. The case of the Revenue is that a tractor would be covered as road transport vehicle. Hence, no investment allowance is admissible under Section 32A of the Income-tax Act. As a matter of fact the same point having once been raised in one of the income-tax references, a Division Bench of this court in Income-tax Reference No. 3 of 1997 (CIT v. Nandlal Parshuram ) by order dated March 4, 1998,...
Tag this Judgment!Divisional Engineer (Planning and Administration), Office of Gm, Telec ...
Court: Guwahati
Decided on: Mar-23-1999
Brijesh Kumar, C. J. 1. Hear Mr. S. Kalita, learned Addl. Standing Counsel for the Union of India, appearing for the petitioner. 2. This petition has been preferredimpugning the order passed by the CentralAdministrative Tribunal, Guwahati Bench,dated September 16, 1998 Original ApplicationNo. 124 of 1997. 3. The respondent was working as a casual labourer in the Telecom Department at Guwahati. He approached the Tribunal with a prayer that the authority be directed to consider conferring temporary status on the applicant and subsequently to regularise his service as may be admissible under the scheme. The Tribunal by means of the impugned order held that the respondents/appellants have arbitrarily failed to consider the prayer for granting of benefits provided to the casual labourers under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of the Department of Telecommunications, 1989. By virtue of the order passed by the Tribunal, the applicant/respondent has...
Tag this Judgment!Dr. A.K. Bhattacharjee, Adv. Vs. Shyamal Nag Alias Ranjan Nag and ors.
Court: Guwahati
Decided on: Mar-23-1999
A.K. Patnaik, J.1. This is a petition under Section 482 of the Criminal Procedure Code, 1973, against the order dated 31-12-96 passed by the Chief Judicial Magistrate, Kamrup, Guwahati, in complaint case No. 1014 (C) of 1996, dismissing the complaint of the petitioner.2. The facts briefly are that the petitioner filed a complaint before the Chief Judicial Magistrate, Kamrup, Guwahati, alleging commission of offence of theft, house breaking, damage of valuable properties and disobedience of orders of the High Court by the respondents. On 17-6-96, when the complaint was filed, the Chief Judicial Magistrate examined the complaint and after perusal of the statement of the complainant was of the view that there was necessity of a preliminary enquiry under Section 202 of the Criminal Procedure Code (for short 'Cr. P.C') and fixed the enquiry to 17-7-96. On 17-7-96 and on various dates thereafter the complainant did not produce any witness and instead prayed for adjournment. On 31-12-96, how...
Tag this Judgment!Director of State Lotteries Vs. Assistant Commissioner of Income-tax a ...
Court: Guwahati
Decided on: Mar-12-1999
M. Sharma, J. 1. These writ petitions under article 226 of the Constitution have been filed challenging the orders dated January 25, 1994 and June 6, 1994, passed by the Assistant Commissioner of Income-tax, Circle-TDS, Panbazar, Guwahati, under Section 201(1) of the Income-tax Act, 1961 (annexure-XIII to the CR No. 405 of 1994 and annexure-VI to the CR No. 2786 of 1994), respectively. By the order dated January 25, 1994, respondent No. 1 asked the petitioner to deposit a sum of Rs. 2,80,16,800 within three days from the date of receipt of the said notice of demand as the petitioner failed to deduct tax at source in respect of the lottery draws held during the period from November 16, 1993 to December 31, 1993. In CR No. 2786 of 1994 by the impugned order dated June 6, 1994, respondent No. 1 raised a demand of Rs. 7,92,06,400 on the petitioner on account of alleged short deduction of tax at source under Section 194B of the Income-tax Act in respect of 1494 Nos. of lottery draws held d...
Tag this Judgment!Surendra Singh and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-08-1999
D. Biswas, J. 1. The petitioners have approached this Court for issuing necessary directions to the respondents in exercise of its powers under Article 226 of the Constitution calling them not to give effect to the letter dated 12-3-1981 including the alleged exchange of land and for further directions to issue pattas in favour of the writ petitioners in respect of 2 Kathas 8 1/2 Lechas of land pertaining to Dag No. 43 of Demow F.S. Grant 76/32 which, according to them are in their possession from the time of their predecessors-in-interest.2. The land in dispute is a road side land situated by the side of National Highway. The said land along with other lands covered by Dag No. 43 of the aforesaid grant belonged to Moran Tea Company. The aforesaid Dag No. 43 along with other lands were declared ceiling surplus under the provisions of the Assam Fixation of Ceiling on Land Holdings Act, 1956 (for short, 'the Act of 1956'). Final statement in accordance with the provisions of law was pr...
Tag this Judgment!Dr. Ksh. Basanta Vs. T. Gomti Devi
Court: Guwahati
Decided on: Mar-01-1999
P. K. Sarkar, J.1. The present four writ appeals have been directed against the common judgment and order passed by the learned Single Judge on 7.12.1998 in Civil Rule Nos. 1222 of 1998 and 1226 of 1998. The controversy between the Medical Officers appointed in Grade IV of the Manipur Health Services on ad hoc basis in one side and the unemployed Doctors who applied for direct recruitment through Manipur Public Service Commission (MPSC) leads to the filing of many writ petitions and writ appeals in which conflicting orders have been passed by the High Court. In order to decide all the disputes, it has become imperative to pass a uniform order covering all the cases so that the disputes between these two groups can be settled once for all. Accordingly, these four appeals which involve same question of fact and law are disposed of by this common judgment and order. It has been proposed to dispose of Writ Appeal No. 10/99 and other writ petitions which are now pending in Imphal Bench of ...
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