Guwahati Court January 2000 Judgments
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Pradip Kumar Ghosh Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jan-28-2000
A.K. Patnaik, J. 1. This is an application under Article 226 of the Constitution filed by the petitioner for directing the respondents to pay the compensation for the loss suffered by him on account of an electrical accident. 2. The petitioner's case in this writ petition is that on 17-10-1990 at about 3.30 p.m., the dwelling house of the petitioner located at Mission Road, Kashipur, Resham Bazar in West Tripura and all the belongings of the petitioner in the said house weretotally gutted due to an electrical accident. After the accident, the Electrical Inspector of Government of Trlpura, visited the site on 18-10-1990 at about 11.30 p.m. and submitted a report stating that the accident took place on account of sparks from the electric line going to the house of the petitioner. Simultaneously, the Divisional Fire Officer, West Tripura Division, Agartala also submitted a Fire Report No. 154 dated 17-10-1990 stating that the fire accident was caused due to tremendous electric sparks wh...
Dr. M. Priyobarta Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jan-28-2000
A.K. Patnaik, J.1. In this application under Article 226 of the Constitution, the petitioner has prayed for quashing the order dated 4.12.1999 of the Government of Manipur, transferring him from Thoubal College, Thoubal to Pettigrew College, Ukhrul in place of Sri B. Jagadishchandra Sharma, respondent No. 3.2. The petitioner's case in this writ petition is that by order dated 11.11.1999 of the Government of Manipur, Education Department, the petitioner was appointed as a Reader in English with effect from 15.6.1997. The petitioner therefore, could not be reduced to the lower rank or status of lecturer. But by the impugned order dated 4.12.1999, the petitioner has been transferred as a lecturer in English to Pettigrew College, Ukhrul in place of respondent No. 3. The impugned order therefore, lowers the status and rank of the petitioner from Reader to Lecturer. The petitioner's further case in the writ petition is that since the impugned order dated 4.12.1999 does not state that it has...
Har Kumar Das Vs. Bharat Petroleum Corporation Ltd. and ors.
Court: Guwahati
Decided on: Jan-20-2000
J.N. Sarma, J. 1. The petitioner herein was convicted for murder. He has completed his sentence and has come out from the jail. His conduct in the jail was praisworthy and satisfactory. 2. Be that as it may, there was an advertisement issued by the respondents for distributorship/dealership of L.P.G. The petitioner wanted to apply for the same but there was a condition in Clause 5 which reads as follows : '5. Candidates convicted in any criminal case involving moral turpitude/economic offence and those against whom cases have been registered in the Court (other thanfreedom struggle) are not eligible to submit application).' 3. This clause has been introduced in a most casual manner, as it will be seen even if case is registered in a Court he is not eligible to submit application. If that is allowed some person out of grudge alone may file a case and get it registered in the Court. That will not make a person criminal. Further, whether a murder per se will come within the definition ...
Commissioner of Income-tax Vs. Smt. Basana Rani Saha
Court: Guwahati
Decided on: Jan-19-2000
D. Biswas J. 1. The Income-tax Appellate Tribunal, Gauhati Bench, in compliance with the direction of this court in Civil Rule No. 25(M) of 1991, has referred the following' questions of law for decision of this court : '(1) Whether, under the facts and circumstances of the case, the Tribunal did not err in facts as well as in law in holding that Section 55A can be invoked by the Income-tax Officer for the purpose of that Chapter, i.e., Chapter IV, whereas the addition made by the Income-tax Officer in the present case, was done under Section 69 of the Income-tax Act, 1961, in view of the Andhra Pradesh High Court's decision in the case of Daulalram v. ITO : [1990]181ITR119(AP) (2) Whether the Tribunal had any basis or material to hold that the Income-tax Officer did not refer the matter to the Valuation Officer under Section 55A of the Income-tax Act, when the Tribunal itself had observed at para. 3 of its order that according to the Income-tax Officer, the cost of the investment ...
Pulakesh Dutta Vs. Rasaraj Dey and ors.
Court: Guwahati
Decided on: Jan-17-2000
M.L. Singhal, J. 1. Civil Revision preferred under Section 115, Civil Procedure Code arising out of the Court's order dated 3-3-1998 passed by the District Judge, North Tripura, Kailashahar in case No. TA 2 of 1997 Shri Pulakesh Datta v. Smt. Baranga Bala Datta, rejecting the appellant's application filed under Order 22, Rule 11 read with Rule 4-A, C.P.C. and read with Section 115, C.P.C. 2. Heard Mr. D. K. Biswas, learned counsel for the petitioner and Mr. R. B. Sinha, learned counsel for the respondent. 3. The respondent Smt. Baranga Bala Dutta in Civil Appeal before the learned District Judge, died during the pendency of the appeal on 7th April, '97. The appellant Shri Pulakesh Dutta filed petition under Order 22, Rule 11 read with Rule 4A, C.P.C. read with Section 115, C.P.C. for substitution of the heirs of the deceased respondent. The learned District Judge has rejected the application observing that as the substitution application has not been filed within limitation period, t...
Baralimari/Chitalmari Meen Samabai Samity Ltd. Vs. State of Assam and ...
Court: Guwahati
Decided on: Jan-17-2000
A.K. Patnaik, J. 1. In this application under Article 226 of the Constitution of India, the petitioner has prayed for quashing the order dated 16-1-1997 of the Government of Assam in the Department of Fishery, settling the No. 141/142-Baralimari/Chitalmari Fishery in Nagaon District with respondent No. 4 for a period of three years with effect from 10-1-1997 under the proviso to Rule 12 of the Rules for Settlement of Fisheries.2. The facts briefly are that the petitioner, the respondent No. 4 and Sri Manowar Hussain applied for settlement of Nos. 141/ 142-Baralimari/Chitalmari Fishery to the State Government after the period of earlier settlement made in favour of the petitioner expired on 28-11-1996. The said applications were considered and by order dated 16-1-1997, the Deputy Secretary to the Government of Assam, Fishery Department, the aforesaid fishery was settled in favour of the respondent No. 4 for a period of three years with effect from 10-1-1997 and the applications of th...
Mohd. Monirul Hasan and ors. Vs. Mohd. Iftikar Ahmed and ors.
Court: Guwahati
Decided on: Jan-11-2000
Brijesh Kumar, C.J. 1. This is a petition, filed under Section 11 of the Arbitration and Conciliation Ordinance, 1996 (later passed as the Arbitration and Conciliation Act, No. 26 of 1996 (hereinafter referred to as the Act).2. Heard Shri C. K. Sarma Baruah, learned counsel for the petitioners and Shri A. B. Choudhury, learned counsel for the respondents.3. The petitioners and the respondents Nos. 1 to 5, entered into a partnership under the name and style of 'M/s. Pancharatna Transport Company', to run ferry service on annual lease basis from the Inland Water Transport Department, Government of Assam. According to the averments made in the petition, the partnership was at will having 12 partners. A copy of the partnership deed has been filed as Annexure-1 to the petition.4. According to the petitioners, the work under the partnership deed had started from 1-4-1988, and the books of accounts were being kept by Mohd. Iftikar Ahmed, opposite party No. 1; but the petitioners were hot b...
Albert Francis Lobo Vs. Oil India Ltd. and ors.
Court: Guwahati
Decided on: Jan-10-2000
D. Biswas, J.1. This petition has been filed invoking the powers of this court under article 226 of the Constitution for issue of an appropriate writ commanding the respondents to refund Rs. 1,08,489 deducted in excess of the income-tax payable by the petitioner under the head 'Salary' for the period from April 18, 1969, till his superannuation on January 1, 1994.2. It would appear that the petitioner had joined the services of the Oil India Limited, Duliajan, in the Civil Engineering Department and after about 18 months of his joining he was removed from service with effect from April 18, 1969. The petitioner approached the Central Industrial Tribunal at Calcutta. Reference Case No. 41 of 1975 was disposed of in favour of the petitioner. Both the parties filed writ petitions and eventually the matter was finally settled by the Division Bench of the Calcutta High Court by order dated June 15, 1990, whereby the Oil India Limited was directed to reinstate the petitioner with back wages ...
Thainga Mog and anr. Vs. State of Tripura
Court: Guwahati
Decided on: Jan-10-2000
M.L. Singhal, J.1. Three accused persons, namely, Thainga Mog. Mou Mog alias Akrai and Lebrasai Mog have been convicted under Section 376 (2)(g) of the Indian Penal Code and each of them has been sentenced to 10 years R.I. and fine of Rs. 5000/- and further to suffer rigorous imprisonment for (2) two months in default of payment of fine. All the three accused persons are appellants before this Court.2. The prosecution story is that in the night of 19th January, 1994/20th January, 1994 at about 1.20 a.m. the three (3) accused persons, namely, Thainga Mog. Mou Mog and Lebrasai Mog first went to the house of Apangshi Mog, P.W. 2 who was sleeping with her husband and committed rape on her. Thereafter, all the three accused persons at about 2.30 a.m. went to the house of Khalow Mogini, P.W. 1 and out of the three accused only one accused Thainga Mog committed rape on her. A written F.I.R. about the occurrence was lodged by Khalow Mog PW 1 in the next day evening at 18-15 hours at Baikhora ...
Bibhu Bhushan Choudhury Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jan-07-2000
D.N. Chowdhury, J. 1. The rationale behind the exercise of discretion in awarding a contract by the official respondents (Railways authority) is the key note of this proceeding under Article 226 of the Constitution of India, which has surfaced in the following circumstances:The respondent No. 4 issued Notice Inviting Tender (NIT) for the balance work against CA. No. CON/GOP/90 dated 13-8-1996 at Dudhnoi for construction of staff quarters, station approach road, colony road, drainage, Hume Pipe Septic Tank Circulating area etc including other ancillary and development works in connection with construction of anew Broad Gauge Rly line from Jogighopa to Guwahati. The notice mentioned above had specified the period of completion of the work, earnest money, approximate value of the contract by the said authority insisted that the earnest money should be in cash or in any of the acceptable forms i.e. Deposit receipts. Pay orders. Demand Drafts, Aters. TDRS, NSCs which should be drawn in fav...
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