Guwahati Court May 1999 Judgments

Ram Sankar Bhattacharjee Vs. Gauhati High Court and ors.

Court: Guwahati

1. The issue raised in this writ petition is as regards seniority of the writ petitioner and respondents 4 and 5. Though respondent No. 7 has been impleaded, no relief has been claimed against him. Thus decision of this case will be confined to the respective merits of the petitioner and respondents 4 and 5.2. Facts may be narrated in a nutshell. The petitioner was appointed temporarily and until further orders as Stenographer Grade-I in the Gauhati High Court at Principal Seat in the scale of Rs. 1125-1975 per month plus other allowances as admissible under the Rules with effect from the date of his assuming charge as such, by order dated 12th June, 1987 issued by the Registrar (Judicial).3. The petitioner was thereafter transferred to Agartala Bench of the Gauwhati High Court in the vacancy that was caused on promotion of respondent No. 7 to the post of Private Secretary. The said order was issued on 14th March, 1988 to the following effect:-'Shri R.S. Bhattacharjee, Grade-I Stenogra...

Aditya Sonowal Vs. V.J. Sood

Court: Guwahati

J.N. Sharma, J.1. This is an application under Section 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India. This application of Contempt has been filed by 29 persons against one Shri V.J. Sud, the Regional Director, Oil and Natural Gas Commission, Eastern Region. It is submitted that Respondent No. 1 in the mean time has retired. The next alleged contemner is Shri C.B.P. Sainy, the. General Manager, Oil and Natural Gas Commission, Dhansiri Valley Project, Bishnu Bhawan, Jorhat. The third alleged Contemner is Shri K.K. Sarma, the Deputy General Manager, Oil and Natural Gas Commission, Dhansiri Valley Project, Bishnu Bhavan, Jorhat.2. The brief facts are as follows :-That there was a Reference being No. 1(C) of 1989 before the Industrial Tribunal, Guwahaji; Assam by one union represented by the Secretary, D.V.P. Jorhat and the petitioners are members of that Union. The Industrial Tribunal, inter alia, arrived at the following finding and gave an award as ...

Bharat Hydro Power Corporation Ltd., Guwahati Vs. Assam State Electric ...

Court: Guwahati

1. This a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, with a prayer that a sole arbitrator may be appointed to decide the disputes pending between the petitioners, namely, M/s. Bharat Hydro Power Corporation Ltd. (for short, BHPCL) and M/s. Subhash Projects and Marketing Ltd. (for short SPML), of the one part, and the Assam State Electricity Board (for short, ASEB), of the other part. The disputes between the parties, as indicated by the petitioners are those as referred to in the letter of demand dated 17-8-96, by which it was informed to the respondents that the petitioners had appointed their arbitrator and the respondents were called upon to appoint their arbitrator within 30 days of receipt of the said letter. Since the respondents failed to appoint their arbitrator, therefore, the present petition has been preferred by the petitioners.2. A Memorandum of Understanding (hereinafter to be called 'MOU') was entered into and signed on 25th March, 1...

Commissioner of Income-tax Vs. Smt. Pratima Saha and anr.

Court: Guwahati

N.C. Jain, J. 1. This judgment of ours would dispose of Income-tax References Nos. 8 of 1996, 9 of 1996, 2 of 1997 and 7 of 1997, Counsel for the parties are agreed that the facts of the case be picked up from Income-tax Reference No. 8 of 1996 (CIT, N. E. Region, Shillong v. Smt. Pratima Saha). In the said Income-tax Reference No. 8 of 1996 the following questions have been referred : Assessment year 1987-88 ; '1. Whether, qn the facts and in the circumstances of the case, the Appellate Tribunal is justified in holding that the salary income of the assessee from the firm in which her spouse has substantial interest is not includible in the assessment of the spouse under Section 64(1)(ii) of the Act ? 2. Whether, on the facts and in the circumstances of the case, and on a correct interpretation of Section 27 of the Income-tax Act, 1961, the asses-see could be deemed to be the owner of the house property which was transferred by her spouse to her ? 3. Whether, on the facts and in the ...

Dr. Rasheswar Chandra Paul Vs. State of Assam and ors.

Court: Guwahati

1. Both the writ applications have been filed by same person, but the cause of action is different. As they raise common question of law and facts, as such, they are taken up for hearing together. 2. I have heard Mr. A.K. Bhatacharyya, learned Senior Advocate for the petitioner in both the Civil Rules and Mr. H.N. Sarma, learned Addl. Sr. Govt. Advocate, Assam for the respondents in both the Civil Rules. Mr. Sarma has also produced before me some records. 3. Let us first take up Civil Rule No.357 of 1998. 'This Civil Rule has been filed challenging the legality and validity of the Orderdated 24.10.1997 passed by the Commissioner and Secretary to the Govt. of Assam, Health and Family Welfare Department, Dispur, declaring the selection and admission of the petitioner to Master of Surgery (General Surgery Course) against teacher quota during the session 1992-93 since his appointment as Registrar of General Surgery was cancelled by the Government vide order dated 29.9.1997 (which is subj...

Dr. Rasheswar Chandra Paul Vs. State of Assam and ors.

Court: Guwahati

ORDER Whereas Dr. Rasheswar Chandra Paul, Registrar of General Surgery, Silchar Medical College. Silchar was admitted into the P.G. Course in M.S. General Surgery at Silchar Medical College, Silchar for the session 1992-93 under teachers' quota by the Principal, Silchar Medical College vide his Memo.No.SMC/21/ 93/2391-2405 93/2391-2405 dated 24.2.1994 on the basis of his selection by the Director of Medical Education, Assam vide his order No.DME/ 9/92/Pt/10, 299-301 dated 8,11.1993. And whereas the order of the appointment of Dr. R.C. Paul as Registrar of General Surgery was cancelled by the Govt. vide order No.HLB 158/93/144 dated 29.9.1997 on the ground of submission of false caste certificate, as such, Dr. Paul's selection and admission in the M.S. General Surgery course against teachers' quota during the session 1992-93 becomes automatically void. Therefore, the Governor of Assam is pleased to order that Principal of Silchar Medical College, Silchar shall take necessary follow up a...

Subhangsu Das Vs. State of Assam and ors.

Court: Guwahati

J.N. Sarma, J. 1. This writ application has been filed for claiming an amount of Rs. 10,00,000 for the torture caused to the son of the petitioner in the police lock-up. There is no denying of the fact that the son of the petitioner Ujjal Das is a mentally retarded youth. The petitioner who is the father of the victim boy is a small grocery shop owner. The victim Ujjal Das at present is aged about 25 years and he is dumb and hearing handicapped. He is a student of Mon Vikas Kendra, an institution for mentally retarded and spastic children. On 2.1.95, Ujjal Das came out from his house and was proceeding towards the shop of his father at Bamuni Maidan at about 8 p.m. The Noonmati police took up this boy when he was going from New Guwahati area and took him to police station and started beating him on some false and baseless charges. The victim sustained multiple injuries with fracture at left tibia and on the right foot. The victim was kept in the lock-up for the whole night and was n...

Ananta Goswami Vs. Green Valley Travels (Pvt.) Ltd.

Court: Guwahati

J.N. Sarma, J.1. This Second Appeal has been filed by the plaintiff. The plaintiff filed a suit being Money Suit No. 12 of 1986 before the Munsiff No. 1 at Tezpur.2. The brief facts are as follows :--The defendant is a company incorporated under the Company's Act having its registered office at Silpukhuri, Gauhati. Its business is to carry passengers from one place to another place by omnibuses. The plaintiff who is an advocate of the Tezpur Bar undertook journey from Gauhati to Tezpur by the omnibus of the defendant company on last 2-7-88. The omnibus was numbered as AMK-707 and it started from Gauhati towards Tezpur at 7.15 a.m in the morning hours. The plaintiff had the Embarcation card (ticket) for Rs. 30/- and he was allotted with the seat No. 28 of the said vehicle. The omnibus started from its counter at Paltanbazar of Gauhati City, The plaintiff during the said journey carried some valuable documents/paper/law books but during the said journey, there was heavy downpour of rain...

Dilip Kumar Saikia Vs. State

Court: Guwahati

Reported in: 1999CriLJ3543

1. This is an application under Section 397(1) read with Section 401 of he Code of Criminal Procedure, 1973 and Article 227 of the Constitution praying for quashing the order dated 18-8-98 of the learned Special Judge, Assam at Guwahati in Special Case No. 16(C)/98 taking cognizance of the offences under the Indian Penal Code and the Prevention of Corruption Act, 1988 against the petitioner.2. The relevant facts briefly are that on or about 3-7-93 FIR No. 12/93 was registered under Sections 409, 468, 420 and 120B, Indian Penal Code (for short, "IPC") and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, "PC Act, 1988") by he Anti-Corruption Branch, Assam, Guwahati. The case was thereafter transferred by the Government of Assam to the Central Bureau of Investigation (for short, "CBI") for further investigation and registered afresh as RC-3 (A)/94-ACU (II). After further investigation, the CBI filed a charge-sheet dated 15-7-98 in the Court of...

Dilip Kumar Saikia Vs. State

Court: Guwahati

Reported in: 1999CriLJ3543

ORDERA.K. Patnaik, J.1. This is an application under Section 397(1) read with Section 401 of he Code of Criminal Procedure, 1973 and Article 227 of the Constitution praying for quashing the order dated 18-8-98 of the learned Special Judge, Assam at Guwahati in Special Case No. 16(C)/98 taking cognizance of the offences under the Indian Penal Code and the Prevention of Corruption Act, 1988 against the petitioner.2. The relevant facts briefly are that on or about 3-7-93 FIR No. 12/93 was registered under Sections 409, 468, 420 and 120B, Indian Penal Code (for short, 'IPC') and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'PC Act, 1988') by he Anti-Corruption Branch, Assam, Guwahati. The case was thereafter transferred by the Government of Assam to the Central Bureau of Investigation (for short, 'CBI') for further investigation and registered afresh as RC-3 (A)/94-ACU (II). After further investigation, the CBI filed a charge-sheet dated 15...