Guwahati Court September 1999 Judgments
Dr. Narendra Nath Barman Vs. the Gauhati Metropolitan Development Auth ...
Court: Guwahati
Decided on: Sep-29-1999
M. Sharma, J. 1. The writ petitioner, in this writ petition has assailed the notice dated 28-2-94 (Annexure-13) and 5-5-94 (Annex-ure-17) issued by the Gauhati Metropolitan Development Authority (in short G.M.D.A.) by which the petitioner has been directed to discontinue the construction of the building in the 6th floor and also to demolish the 4th, 5th and 6th floors which were alleged to be constructed without the permission of the G.M.D.A. 2. The G.M.D.A. and the Chief Executive Officer, G.M.D.A. are made respondent Nos. 1 and 2 respectively and the Gauhati Municipal Corporation (in short G.M.C.) and its Commissioner are impleaded as Respondents 3 and 4 and the State of Assam has been Impleaded as Respondent No. 5 respectively. 3. The dispute in this writ petition is regarding the permission for construction/ extension of the existing building of the petitioner for which he filed application before the G.M.C. for further construction of his existing building on the 4th 5th and 6th...
Tag this Judgment!Satyaranjan Saha Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-29-1999
1. This writ application has been filed by the writ petitioner to quash the penalty order dated 31.7.1997 and 10.2.1998 passed by the Inspector of Taxes, Mangaldoi for the assessment year 1997-98 imposing penalty of Rs. 3,22,2000 (Rupees three lakhs twenty two thousand two hundred), that is, Annexures-6 and 11 to the writ application. Annexure-6, the order is dated 31.7.1997 and the order is passed under the Assam General Sales Tax Act, 1993. We will come to the orders at a later point of time. 2. At the time of argument Shri Saikla also argued that he also took up the point regarding the validity of the notification issued on 2nd July, 1993. That contention is available at paragraph-42 of the writ application and that is quoted below:- '42. That the petitioner respectfully states that the delegation of power to impose penalty under Section 44(5)(b) of the Act to the Inspector of Taxes vide notification No. CTS-3/92/15 dated 2nd July, 1993, issued by the respondent No. 2 in exercis...
Tag this Judgment!Santosh Kumar Bhowmik and anr. Vs. O.N.G.C. and anr.
Court: Guwahati
Decided on: Sep-28-1999
P.C. Phukan, J.1. Shri Santhosh Kumar Bhowmik is a time keeper in Tripura Project of the Oil and Natural Gas Commission (ONGC in short) a Statutory Body created under the Oil and Natural Gas Commission Act, 1956. On conclusion of the disciplinary proceedings, Shri Bhowmik was found guilty of misconduct and was awarded the penalty of stoppage of two increments with cumulative effect by the Disciplinary Authority, Project Manager, ONGC vide order dated January 15, 1983 (Annexure-A/10 to the writ petition). The Appellate Authority, General Manager, ONGC dismissed his Appeal vide order dated May 25/28, 1983 (Annexure-A/16 to the writ petition).2. On being moved, this Court by an order dated August 8, 1986 (Annexure-A/17 to the writ petition) in C.R. No. 81/1983 quashed the order dismissing the Appeal holding the same to be a non- speaking order and sent back the matter to the Appellate Authority for disposal afresh in accordance with law.3. The Appellate Authority (this time the Regional ...
Tag this Judgment!M. Rupban Singh Vs. State of Manipur
Court: Guwahati
Decided on: Sep-23-1999
R.S. Mongia, C.J. 1. Civil Rule No.857 of 1997 and Civil Rule No.927 of 1997 arise out of similar facts and involve common questions of law and hence are being disposed of by this common judgment and order.2. I have heard Mr. Th. Modhu Singh, learned counsel appearing for the petitioners in both the Civil Rules as well as Mrs. Ch. Bidiyamani Devi. learned Addl. Govt. Advocate for the respondents in both the Civil Rules. I have also considered the records.3. The petitioners' case in brief is that they were initially appointed as Headmaster/Asstt. Headmaster by the erstwhile Managing Committee/Governing Body of their respective Schools before their Schools were taken over by the Government of Manipur. Subsequently, the State Govt. took over 107 Schools and approved the petitioners' services w.e.f. the date they drew Govt. scale of pay under 90% deficit grants-in-aid Scheme for the purposes of pay promotion, pension, seniority and gratuity vide the State Govt. order dated 5.10.1979 (Ann...
Tag this Judgment!Hajarimall Nandlall and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-22-1999
D. Biswas, J. 1. By this common judgment, the writ petitions being Civil Rule No. 1531 of 1995. Civil Rule No. 1552 of 1995, Civil Rule No. 1533 of 1995 and Civil Rule No. 2009 of 1997, are proposed to be disposed of together since they raise a common question of law. The petitioners are the owners of different tea estates situated within the jurisdiction of this court. They have preferred these writ petitions praying for restraining the respondents from demanding tax clearance certificates from the drivers or the persons in charge of the trucks carrying the petitioners' tea to different auction centres and for specific directions to respondents Nos. 5 to 8, i.e., the Inspector of Taxes, posted at various check-posts not to insist for tax clearance certificates. 2. The petitioners' grievance in all the writ petitions and the prayers made are identical. They carry on the business of plantation, manufacture and sale of black tea. The petitioners are also liable to file returns of inc...
Tag this Judgment!National Insurance Co. Ltd. and ors. Vs. Sabita Gope and ors.
Court: Guwahati
Decided on: Sep-17-1999
D.N. Chowdhury, J. 1. The first Appeal No. 115 of 1997, preferred by the National Insurance Company Ltd. is directed against the judgment and award dated March 11, 1997 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in case No. T.S. (W/C) 29 of 1994 upon a claim petition under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') awarding compensation to the claimants under the said Act. The Claimants also made a cross-objection against the said judgment and award against the Insurance Company. Both the matters were taken up together for hearing:2. Broad facts are cited herein below :-The deceased Ajit Gope was the son of the Claimant No. 2, Smt Sushama Gope and: husband of the claimant No. 1., Smt Sabita Gope. Ajit Gope was a driver of a Truck bearing No. TRL - 3974 owned by Shri Amalendu Saha, Opposite Party No. 1 in the claim petition. On May 7, 1993 deceased Ajit Gope was sent on duty from Khowai to Guwahati along with P.W...
Tag this Judgment!R. Lalramthanga and anr. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Sep-16-1999
D. Biswas, J. 1. This will petition has been preferred by 2 nominated members of the Chaltlang Village Council. According to them, the said Village Council constituted under the Lushai Hills District (Village Council) Act, 1953 consists of 8 members, out of which 6 are to be elected and 2 are to be nominated as per provision of Section 3 (3) of the said Act. The notification nominating the writ petitioners reads as follows :-- No. LAD/VC-31/94(A), the 4th June, 1997. In continuation to this Deptt's Notification No. LADD/VC-31/94 dated 26-5-97 and in exercise of the powers conferred by subsection (3) of Section 3 of the Lushai Hills District (V/C) Act, 1953, the Governor of Mizoram is pleased to nominate the persons whose names appeared in the enclosed annexurc to this Notification as members of village Councils within Aizawl District.Denghnuna. Secretary to the Govt. of Mizoram. Annexure to Order No. LAD/VC-31/94 dt. 4-6-97.LIST OF VILLAGE COUNCIL NOMINATED MEMBERSAIZAWL DISTRICT.Sl...
Tag this Judgment!Madan Chandra Brahma Vs. Central Bank of India and ors.
Court: Guwahati
Decided on: Sep-16-1999
Brijesh Kumar, C.J. 1. This writ appeal is preferred against the judgment and order dated 14.11.1994 dismissing the petition preferred by the appellant relating to age of his retirement. According to the learned Single Judge the petitioner was liable to retire at the age of 58 years. 2. We have heard Shri N. Dutta, learned counsel for the appellantand Shri A.C. Sarma, learned counsel appearing on behalf of the respondent Central Bank of India. 3. The undisputed facts are that the appellant was appointed as Assistant in the Gauhati Bank on 9.6.1969. The Gauhati Bank was merged with Purbanchal Bank with effect from 1.8.1975. Again the Purbanchal Bank was merged with the Central Bank of India with effect from 29.8.1990. On merger of the Purbanchal Bank with the Central Bank of India, required provisions were made relating to the employees of the erstwhile Purbanchal Bank and a scheme of amalgamation of Purbanchal Bank with the Central Bank of India was promulgated under Section 75(7) of...
Tag this Judgment!Madan Chandra Brahma Vs. Central Bank of India and ors.
Court: Guwahati
Decided on: Sep-16-1999
Brijesh Kumar, C.J.1. This writ appeal is preferred against the judgment and order dated 14.11.1994 dismissing the petition preferred by the appellant relating to age of his retirement. According to the learned Single Judge the petitioner was liable to retire at the age of 58 years.2. We have heard Shri N. Dutta, learned counsel for the appellantand Shri A.C. Sarma, learned counsel appearing on behalf of the respondent Central Bank of India.3. The undisputed facts are that the appellant was appointed as Assistant in the Gauhati Bank on 9.6.1969. The Gauhati Bank was merged with Purbanchal Bank with effect from 1.8.1975. Again the Purbanchal Bank was merged with the Central Bank of India with effect from 29.8.1990. On merger of the Purbanchal Bank with the Central Bank of India, required provisions were made relating to the employees of the erstwhile Purbanchal Bank and a scheme of amalgamation of Purbanchal Bank with the Central Bank of India was promulgated under Section 75(7) of the ...
Tag this Judgment!Shri Hironmoy Sen and 267 ors. Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Guwahati
Decided on: Sep-14-1999
1. 268 applicants have approached this Tribunal by filing this present application. Permission under the provision of Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 has been granted to the applicants to proceed in this single application. The applicants in this O.A. have prayed for a declaration that the applicants and entitled to the scale of pay of Rs. 1640-2900/- (pre-revised) i.e. before 5th Pay Commission and have further prayed for a direction to the respondents to extend the benefit of the said scale with retrospective effect equal to the Assistants of the Central Secretariat. For the purpose of disposal of this present application short facts may be narrated as follows: 2. The applicants are at present working as Senior Auditors in the office of the Principal Accountant General (Audit), Assam and Meghalaya. The scale of pay of the Senior Auditors earlier was similar to that of the Assistants of the Central Secretariat. Some Assistants of the Centra...
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