Guwahati Court September 1999 Judgments

M. Sharatchandra Singh and anr. Vs. State of Manipur and ors.

Court: Guwahati

H.K. Sema, J. 1. This petition has been preferred by two petitioners. Facts leading to the filing of the present petition may be briefly recited. 2. The Government of India, Ministry of Civil supply used to allot essential items like, Wheat, Rice, Sugar and edible oil and fixed quota to the Government of Manipur, and these items are to be collected from the F.C.I. depot at Gauhati/Dimapur and other places by the Agents/ Stockists and transporters selected by the Food and Civil Supply (FCS) Department, Government of Manipur. The consumer items thereafter are to be distributed under the supervision of FCS department through Fair price shop and other methods evolved by the State Government. For the purpose of transportation of the items and stocking and selling, tenders were floated by the Government by a Notification dated 29.9.1992 inviting application in sealed cover from reputed Firms/ Dealers having licence for wholesale dealership of Wheat/Wheat products under the Manipur Trade A...

Fatiur Ali Vs. Central Bureau of Investigation

Court: Guwahati

B.N. Singh 'Neelam', J.1. This criminal revision petition is so preferred by the petitioner Md Fatiur Ali - a car driver by profession under Section 482 read with Section 397/401 of the Cr.P.C. against the order dated 30-6-99 passed by the learned Sessions Judge, Kamrup at Guwahati in Sessions Case No 9 (K)/99 by virtue of which under, the provisions of Section 228(1)(b) of the Cr.P.C, after hearing the P.P. and the learned counsel for the present petitioner being one of the accused in the said Sessions Case arising out of Latashil P.S. Case No. 70/95, CBI Case No. RC-9/SCB-9/S/95-Calcutta has framed charge as far as the present petitioner is concerned under Sections 302/114, IPC. According to the present petitioner there is no sufficient ground for proceeding against the present accused who would have rather been discharged under Section 227 of the Cr.P.C. though chargesheet was submitted even against the petitioner Md Fatiur Ali by the CBI on 7-10-98, a copy of the chargesheet being...

Manu Ram Das Vs. Assam Fisheries Development Corporation Ltd. and ors.

Court: Guwahati

D.N. Choudhury, J.1. The legality and validity of the order/communication dated 17-4-99, selecting the respondent No. 4. Tiken Das, for management of Charan Meen Mahal, is the subject-matter of this proceeding which arises in the following circumstances.Charan Meen Mahal in the district of Morigaon is under the control and management of the Assam Fisheries Development Corporation Ltd., hereinafter referred to as the Corporation. The fishery-in-question was settled by the Corporation for the period 1995-1999 with some oilier parly, but on the default of the lessee, the lease was cancelled and the respondent No. 4 was allowed to operate the fishery-in-question for the remaining period of the lease, i.e., for a period of three months at Ihe revenue of Rs. 43,700/- vide order bearing No. AFDC.40/94/3887 dated 12-1-99. An application seeking settlement of the fishery-in-qucstion in favour of the Baghara Kaitaguri Meen Palan Samity dated 17-3-99, was made before the Minister of Fisheries, A...

Binita Senapati Vs. State of Assam and ors.

Court: Guwahati

1. This writ application has been filed by a person who is handicapped. She is suffering from shortening of the right lower limb, with moderate stiffness of the right hip. Her percentage of disability is 45% as certified by the authority of Guwahati Medical College.Annexure-I and IA are the documents in support of her plea ofdisability. 2. The petitioner herein passed, the Higher Secondary (Science) Examination from Cotton College, Guwahati. The petitioner applied for admission to the M.B.B.S. course in Medical Colleges of the State of Assam under the Director of Medical Education, Assam. The petitioner claims that she is entitled to reservation of at least 3% of seats for disabled person for admission to the MBBS course in Medical Colleges of the state of Assam as per Section 39 of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. That reservation was denied to her and hence this writ application. 3. There is a set of Rules f...

Binita Senapati Vs. State of Assam and ors.

Court: Guwahati

Reported in: AIR2000Gau1

1. This writ application has been filed by a person who is handicapped. She is suffering from shortening of the right lower limb, with moderate stiffness of the right hip. Her percentage of disability is 45% as certified by the authority of Guwahati Medical College.Annexure-I and IA are the documents in support of her plea ofdisability.2. The petitioner herein passed, the Higher Secondary (Science) Examination from Cotton College, Guwahati. The petitioner applied for admission to the M.B.B.S. course in Medical Colleges of the State of Assam under the Director of Medical Education, Assam. The petitioner claims that she is entitled to reservation of at least 3% of seats for disabled person for admission to the MBBS course in Medical Colleges of the state of Assam as per Section 39 of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. That reservation was denied to her and hence this writ application.3. There is a set of Rules for a...

Budhindra Nath Sarma Vs. Commissioner of Income-tax

Court: Guwahati

D.N. Chowdhury, J. 1. The reference under Section 256(1) of the Income-tax Act, 1961, raised at the instance of the assessee revolves round the time limit for completion of assessment and reassessment as enjoined in Section 153(1)(b) of the Income-tax Act, 1961, pertaining to the assessment year 1985-86 and the accounting year ending on March 51, 1985.2. In the course of assessment, the Assessing Officer asked the assessee to explain certain bank deposits, bank accounts, fixed deposits and investments in respect of properties that stood in his name and in the name of his wife and children. He was also required to produce the names of the creditors from whom he had taken loans. Summons were issued to the creditors some of whom were interrogated/examined by the Assessing Officer on March 8, 1988. The Assessing Officer noticed that the assessee had various bank deposits in his name which were not explained. The Assessing Officer mentioned some of those transactions. Under the normal cou...

Niranjan Shil Vs. the State of Tripura

Court: Guwahati

H.K.K. Singh, J.1. This appeal is against the judgment and order dated 19-8-1995 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. 146(W.T/ A) of 1993 thereby convicting the accused-appellant under Section 302 of I.P.C. and sentencing him to undergo life imprisonment.2. On 1-5-1985 one Anukul Debnath came to Sidhai Police Station and lodged an oral ejahar stating that on the same day i.e. 1-5-85 at about 9,15/9'30 p.m., on hearing hue and cry coming from the direction of the house of one Baneshwar Choudhury, he rushed towards the direction and there he found Abinash Sarkar lying near the back side of the house of Baneshwar. He also found Rabindra Choudhury supporting the head of Abinash. Abinash Sarkar had severe bleeding injuries on his body. The informant also learnt from the persons who were present there that accused Niranjan Shil along with Biswanath Shil and others assaulted Abinash Sarkar. On the basis of the report (ejahar), Sidhai P...

Food Corporation of India and anr. Vs. Sujit Roy

Court: Guwahati

Patnaik, J.1. In this appeal, the appellants have challenged the judgment and order dated 9-6-98 of the learned single Judge in Civil Rule No. 660/97 allowing the writ petition filed by the respondent and directing the appellant-authorities to refund the amount of Rs. 8.06.000/- to the respondent within a period of two months with interest.2. The facts briefly are that by a notice dated 7-4-97, the appellants invited tenders for appointment of transport contractor for transportation of food grains/sugar/allied materials from Railhead/SFD, Dharmanagar to Godown complex, Agartala on regular basis. In the said tender notice, it was inter alia stipulated that the last date for receipt of tender was 7-5-97 up to 1.00 p.m. and that the tender was to remain open for acceptance up to and inclusive of 22-6-97. It was further stipulated in the said tender notice that the Senior Regional Manager, Food Corporation of India, North East Frontier Region, Shillong might at his discretion extend that ...