Guwahati Court March 2000 Judgments
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Bulbul Enterprise Vs. the Food Corporation of India and ors.
Court: Guwahati
Decided on: Mar-16-2000
D. Biswas, J. 1. The petitioner has preferred this writ petition for issue of an appropriate writ calling upon the respondents not to deduct any amount from the BILL on account of demurrage charges without compliance of the relevant provisions of the agreement.2. This Court vide order dated 4-2-2000 passed in Civ. Misc. Appl. No. 19 of 2000 directed the respondents as an interim measure not to deduct the amount of Rs. 7,74,216/-from the petitioner's BILL until further orders. Thereafter, on 18-2-2000, an order was passed by this Court directing the respondents not to deduct the demurrage charges from the petitioner's Bills. This Misc. case along with Civ. Misc. Appl. 59 of 2000 filed for interim direction are also being deposed(disposed) of along with the main petition.3. Sri K.N. Bhattacharjee, learned senior Counsel for the petitioner has submitted that the petitioner entered into a contract with the respondent No. 1, namely Food Corporation of India for transportation of food gra...
R.L. Roy and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Mar-16-2000
D. BISWAS, J. 1. By this common judgment, Civil Rule Nos. 49 of 1991, 50 of 1991 and 51 of 1991 are proposed to be disposed of.2. The common question involved in these writ petitions is whether levy of sales tax on the value of the bricks manufactured and utilized in execution of works contract would be permissible for the assessment years prior to the amendment of the Tripura Sales Tax Act, 1976 in the year 1984.3. The petitioner-firm executed a number of consolidated contract works for improvement of roads by utilizing bricks manufactured by it. There was no agreement to supply materials necessary for the improvement of roads independent of the contract works. Although not liable to pay sales tax under the provisions of the Act, the petitioner-firm by mistake in some cases deposited taxes on the turnover involved in the consolidated contract works. But the assessing authority by the impugned assessment orders dated March 26, 1984 and April 24, 1987 on misinterpretation of law enhan...
Shri Bijay Krishna Banik Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Guwahati
Decided on: Mar-15-2000
1. The applicant is aggrieved by the transfer order passed by the respondents dated 7.4,1998 transferring him as Announcer Senior Grade from All India Radio. Agartala to All India Radio Belonia (for short 'A.I.R.') and rejection of his representation by order dated 30.6.1998. Subsequently, the applicant has been relieved by order dated 24.7.1998 which is impugned in this O.A'.2. The present application is the second round of litigation by the applicant. Earlier, he had filed O.A. 94/98, which was disposed of by the Tribunal's order dated 20.5.1 1998. The respondents in their written statement have submitted that the applicant had submitted a representation against the transfer order dated 7.4.1998 on 23.4.1998 to the Director General, A.I.R. New Delhi, through proper channel.However, before the same was disposed of by the Competent Authority, he had filed O.A. 94/98. By the Tribunal's order dated 20.5.1998, the respondents were directed to consider arid dispose of the representation b...
Sh. Samar Bhowmic Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Guwahati
Decided on: Mar-15-2000
1. The applicant is aggrieved by the order passed by the respondents initiating disciplinary proceedings against him under Rule 14 of CCS (CCA) Rules, 1965 and the Disciplinary Authority's order dated 31.1.1995 removing him from service. Against this order, the applicant had filed an appeal which was disposed of by the Appellate Authority by his order dated 21.9.1995, reducing the penalty from removal from service to compulsory retirement. The review application filed by the applicant has been rejected by the order dated 7.4.1997. The applicant has also impugned another order passed by the Chief Post Master General on 24.11.1995 rejecting his prayer for B.C.R. promotion as well as the increment.2. The brief facts of the case are that the applicant was working as Section Supervisor in Assam Circle, Guwahati with Respondent 4. He was issued with charge memo dated 3.6.1992 on the allegations regarding certain vouchers for bills which were alleged to be irregularly done and against the de...
Musstt. Arab Chani Begum Vs. Md. Azizur Rahman
Court: Guwahati
Decided on: Mar-15-2000
P.G. Agarwal, J.1. The petitioner Musstt. Arab Chani Begum hereinafter referred as the petitioner, filed an application under Section 125, Cr.P.C., before the Addl. C.J.M., Kamrup, Guwahati being 17m/83 stating inter alia that she was married to the respondent Azizur Rahman, hereinafter referred as respondent, as per Muslim Sariat and thereafter they lived as husband and wife. Out of the said wedlock two sons were born of her but one of the sons died. The respondent has got another wife and after 4/5 years of the marriage he started ill-treating the petitioner and ultimately drove her out from the house along with her minor son. The petitioner has got no means of livelihood and accordingly she prayed for grant of maintenance to herself and her minor son. Vide order dated 3-1-86 learned SDJM, Rangia granted maintenance to the petitioner at the rate of Rs. 100/- per month for herself and another sum of Rs. 100/- per month for the minor child.2. The respondent preferred a revision petiti...
Dr. M. Ibeyaima Devi and ors. Vs. Smt. Mutum Babita Devi and ors.
Court: Guwahati
Decided on: Mar-15-2000
H.K.K. Singh, J. 1. In this application under Article 226 of the Constitution of India the petitioners who are members of Imphal East Zilla Parishad have questioned the legality and validity of a proceeding held on 1-10-1999 by which no-confidence motion against Adhakshya and Up-Adhakshya was defeated and also the validity of the letter dated 2-11-1999 by which the respondent No. 1 stated that no-confidence motion having been defeated on 1-10-1999, no further requisition by letter dated 25-10-1999 for convening a special meeting for moving no-confidence motion against the Adhakshya and Up-Adhakshya is not permissible under the law.2. In Imphal East Zilla Parishad which was constituted in January, 1997 under the provisions of the Manipur Panchayati Raj Act, 1994 (hereinafter referred to as the Act) there are 19 elected members. On 8-9-1999 a requisition letter signed by 10 members of Imphal East Zilla Parishad for no-confidence motion was addressed to the Adhyaksha (Annexure-A/2 to t...
State of Assam Vs. State Bank of Bikaner and Jaipur and ors.
Court: Guwahati
Decided on: Mar-15-2000
1. This writ petition under Articles 226 and 227 of the Constitution has been filed by the State of Assam for issuance of a direction in the nature of certiorari for quashing the proceeding in O.A. 137/97 pending before the Debt Recovery Officer, Guwahati, hereinafter referred to as 'the Tribunal' and also for a direction in the nature of mandamus against the recovery officer not to proceed against the writ petitioner for realisation of the amount. 2. The relevant facts are that respondent M/s. Everest Cycle Ltd., Gopinath Nagar, Guwahati obtained commercial loan from the respondent State Bank of Blnaker and Jaipur to the tune of Rs. 10,00,000/-. The present writ petitioner stood as surety in respect of the said loan. As the respondent failed to repay the loan the Bank Instituted Title Suit No. 22/97 and 22/98. The said suits were decreed ex parte as the present writ petitioner as well as the borrower chose not to contest the proceedings. The suit was decreed by the Asstt. District J...
New India Assurance Co. Ltd. Vs. Bijaya Das and ors.
Court: Guwahati
Decided on: Mar-14-2000
J.N. Sarma, J. 1. This is an appeal by the insurance company against the award dated 25.4.1994 passed by the Member, M.A.C.T., Kamrup at Guwahati in MACT Case No. 348 (K) of 1992. The brief facts of the case are as follows:2. The claimant No. 1 is the wife of late Niranjan Das and the claimant Nos. 2 to 5 are his sons and daughters. The claim was filed for awarding total compensation of Rs. 3,00,000 for the death of her husband who died in motor accident near Rangjuli in Goalpara District on 7.6.1988. The deceased along with his friend was returning in a private Ambassador car No. AXA 4773 belonging to O.P. No. 1 from a village near Rangjuli. The driver due to his rashness and negligent driving dashed the vehicle on the railing of a wooden bridge and Niranjan Das died on the spot. The vehicle was insured by the O.P. No. 3 against third party risk.3. The insurance company filed a written statement and additional written statement denying the liability of compensation on the ground that...
Anil Kumar JaIn Vs. Oil and Natural Gas Corporation Ltd. and ors.
Court: Guwahati
Decided on: Mar-14-2000
J.N. Sarma, J. 1. This writ application has been filed by an employee of ONGC. The petitioner herein joined as Assistant Chemist of ONGC in the year 1976. In July, 1983 the petitioner was deputed for sampling and testing of Caustic Sodash the material was despatched by a firm. After one year adulteration was noticed in the chemical and a base being RC-42/ 1983 was registered by the C.B.I. against the supplier and distributors. On 1.1.1989, the petitioner was promoted as Deputy Superintending Chemist on ad hoc basis. On 25.8.1987 a charge-sheet was issued against the petitioner alleging that he had failed to carry out sampling and bonding of Soda Ash and that he had issued false certificate showing adulterated and sub-standard Soda Ash as conforming to ONGC specification. The enquiry was completed and the petitioner was found guilty. The petitioner was dealt with leniently and he was only warned by the employer. The order in the enquiry was passed on 28.3.1994 the petitioner was found ...
Anil Kumar JaIn Vs. Oil and Natural Gas Corporation Ltd. and ors.
Court: Guwahati
Decided on: Mar-14-2000
J.N. Sarma, J.1. This writ application has been filed by an employee of ONGC. The petitioner herein joined as Assistant Chemist of ONGC in the year 1976. In July, 1983 the petitioner was deputed for sampling and testing of Caustic Sodash the material was despatched by a firm. After one year adulteration was noticed in the chemical and a base being RC-42/ 1983 was registered by the C.B.I. against the supplier and distributors. On 1.1.1989, the petitioner was promoted as Deputy Superintending Chemist on ad hoc basis. On 25.8.1987 a charge-sheet was issued against the petitioner alleging that he had failed to carry out sampling and bonding of Soda Ash and that he had issued false certificate showing adulterated and sub-standard Soda Ash as conforming to ONGC specification. The enquiry was completed and the petitioner was found guilty. The petitioner was dealt with leniently and he was only warned by the employer. The order in the enquiry was passed on 28.3.1994 the petitioner was found to...
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