Guwahati Court March 2000 Judgments

Ram Ashraya Yadav Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

1. The applicant has filed this application seeking the following reliefs : (i) Grant of Rs. 300/- p.m. w.e.f. 1.1.93 as made available to similarly situated Controllers. (ii) Extension of add on element of 30% again for retirement benefits as provisioned for the running staff situated under similar circumstances.2. We have heard the applicant in person and Mr. B.K. Sharma, learned Counsel for the respondents and perused the records.3. The applicant was initially appointed as Guard-C with effect from 20.3.68 in the category of running staff. Thereafter he was promoted as Guard-B and then to the post of Controller (Traffic) as Section Controller in supervisory (stationary) post on 21.1.1983. Later, he was further promoted to the post of Deputy Controller and then to Chief Controller in which post he is presently working in N.F. Railway. He stated that by the Railway Board Notification dated 25.11.1992 (Annexurc-VI), the respondents have taken into account the drop in emoluments of runn...

Sujit Nath Vs. State of Assam and ors.

Court: Guwahati

J.N. Sarma, J.1. This writ application depicts an attitude of callousness and non-application of mind on the part of the authority in dealing with its own employees. The petitioner herein was appointed on 15.3.1996 as a Driver on ad hoc basis, that is, Annexure-1 to the writ application. The appointment was made by the Additional Chief Medical And Health Officer, Cachar at Silchar. Thereafter on 3.6.1996 this appointment was approved by the Director of Health Services (FW). Assam, Guwahati. This is Annexure-2 to the writ application. On 7.8.1996 vide Annexure-3 the following order was passed : 'Annexure-3OFFICE OF THE ADDL. CHIEF MEDICAL & HEALTH OFFICER (FW) CACHAR: SILCHAR.No. FEW96/5904/ Dated Silchar, the 7.8.1996. ORDERIn pursuance of the Director of Health Services (FW), Assam order No. HSFW/Estt./ 58/90/9543, dt. 24.7.1996 on receipt of favourable Police Verification report services of Sri Sujit Nath. appointed by this office order No. FWE/96/ 1361 dt. 15.3.1996 & poste...

Gautam Nandi and anr. Vs. State Bank of India

Court: Guwahati

Biswas, J. 1. This appeal under Section 96 of the Cod' of Civil Procedure is directed against the Judgement dated 22-12-94, passed in Title Suit (Mortg.) No. 1 of 1994 and the decree dated 2-1-1995 drawn thereon by the learned Additional District Judge, Belonia, South Tripura.2. The defendant-appellant No. 1 took a sum of Rs. 1,75,000/- as loan from the respondent Bank refundable with Interest @ 15% per annum by mortgaging the properties mentioned in the schedule to the plaint, The defendant-appellant failed to liquidate the entire loan amount along with the Interest and this led the respondent Bank to Institute the suit for a decree for realisation of a sum of Rs. 2,25,017/- payable at the time of institution of the suit with declaration of charge over the properties mentioned in Schedule A and B to the plaint. On conclusion of trial, the learned Additional District Judge passed the Judgment and decree as aforesaid with a direction to the appellants to liquidate the decretal amount...

Jc 171925 a Sub. Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court: Guwahati

D.N. Chowdhury, J.1. The findings and sentence passed by the General Court Martial (GCM in short) is the subject-matter of challenge in this proceeding which has arisen in the following circumstances.Petitioner, JC 171925 Radhey Shyam Singh was posted to 4 Rajput Regiment. He is an international athlete his event being Hammer Throw. The petitioner was attached to 113 infantry Battalion at Calcutta to enable him to undergo training at Sports Authority of India from 28.6.1992 and continued to be attached to that unit till he was recalled by the 4 Rajput Regiment on October, 1993. According to the petitioner, he was granted ten days' casual leave and in fact was sent a Railway Warrant dated 15th October, 1993 for his return journey from Howrha to Jammu. On 2.11.1993, the petitioner was detained by the Railway Protection Force (RPF in short) at the Dimapur Railway Station for alleged possession of Ganja by him. In due course a GCM was convened under the Army Act and the petitioner was cha...

Hills Syndicate Vs. North Cachar Hills Autonomous Council and ors.

Court: Guwahati

A.K. Patnaik, J. 1. In this application under Article 226 of the Constitution, the petitioner has prayed for directions on the respondents to issue necessary work order for operating in the Langting West Region Coupe Nos. 7, 9 and 11 for extraction of bamboo and to issue necessary transit passes and to forebear from cancelling the settlement for extraction of bamboos granted in favour of the petitioner in pursuance of the agreement dated 5-11-98. 2. The petitioner's case in the writ petition is that on coming to learn that the respondents were interested to lease out the bamboos growing in some reserved forests within the jurisdiction of North Cachar Hills Autonomous Council, (hereinafter referred to as 'the Council'), the petitioner applied for settlement for extraction of bamboos from the said resered forests and the Council agreed to settle some of the areas of the reserved forests within its jurisdiction for extraction of bamboos in favour of the petitioner. Accordingly, an agreem...

Purbottar Trade and Marketing Co-operative Society Ltd. Vs. State of A ...

Court: Guwahati

1. On 19.6.1999 a notice was issued inviting tender for different articles of police personnel for the year 1999-2000. There are as many as 145 items mentioned in that notice along with the quantity of the items. It may be stated herein that in the Police Manual it is provided the life of each of the item and the period of life is different from item to item. In pursuance to this notice inviting tender, the petitioners in all the Civil Rules as well as respective respondents in the Civil Rules along with some others submitted tenders along with samples of each item. The last date for submission of tender was 22.7.1999, but that was extended upto 9.8.1999 and the date for reopening of the tender was fixed on 10.8.1999. After opening of the tenders, a Committee was constituted in the name and style of 'Departmental Purchase Board' and the following are the members of that Committee -1. Shri P.V. Sumant, IPS ... ChairmanDirector General of Police,Assam, Guwahati.2. Shri R.N. Mathur, IPS...

Runima Dutta Vs. State of Assam and ors.

Court: Guwahati

D.N. Chowdhury, J. 1. 1. This appeal has arisen and is directed against the judgment and order dated 23.9.1999 passed by the learned Single Judge in WP(C) 3400/99 dismissing the writ petition preferred by the appellant in the following circumstances. 2. The Country Spirit Shop No. 1 at Hatilung, North Lakhimpur Sahar in the district of Lakhimpur was settled with the petitioner vide order dated 28.12.1998 of the respondent No.4 for a period of three years with effect from 1.4.1999 to 31.3.2002. Two of the discontented tenderers assailed the aforesaid settlement before the Assam Board or Revenue which were numbered and registered as Case No. 17E(L)/ 99 and 23E(L)/99. In the appeals the appellants questioned the financial soundness of the respondent as well as her claim for settlement as an educated unemployed youth within the meaning of Rule 23 of the Assam Excise Rules, 1945. The Assam Board of Revenue considered the affidavits, passbooks and the materials on record and found that t...

Thiyam Ningol Chingsubam Ongbi Modhumati Devi Vs. Chingsubam Ongbi Man ...

Court: Guwahati

1. Heard Mr. M. Gourahari Singh, learned counsel for the Appellant and also Mr. Gogonochandra Tongbram, learned counsel for the respondents. 2. On the death of one Ch. Dinamani Singh while in service as Head Lineman in the Electricity Department, Govt. of Manipur on 30.10.1997, the respondents herein approached the District Court, Manipur East for granting of Succession Certificate in respect of the debts and securities left by the aforesaid deceased Government servant, and after hearing the petition, the learned District Judge passed a judgment and order on 13.12.1998 in D.S. No. 4/98 thereby granting the Succession Certificate in favour of the respondent No. 1. Thereafter the present appellant filed an application under section 383 of the Indian Succession Act praying for revocation of the aforesaid Certificate issued in favour of the respondent. And after hearing the parties, the learned Addl. District Court, Manipur East (to whom the said proceeding was transferred) rejected the ...

Thiyam Ningol Chingsubam Ongbi Modhumati Devi Vs. Chingsubam Ongbi Man ...

Court: Guwahati

1. Heard Mr. M. Gourahari Singh, learned counsel for the Appellant and also Mr. Gogonochandra Tongbram, learned counsel for the respondents.2. On the death of one Ch. Dinamani Singh while in service as Head Lineman in the Electricity Department, Govt. of Manipur on 30.10.1997, the respondents herein approached the District Court, Manipur East for granting of Succession Certificate in respect of the debts and securities left by the aforesaid deceased Government servant, and after hearing the petition, the learned District Judge passed a judgment and order on 13.12.1998 in D.S. No. 4/98 thereby granting the Succession Certificate in favour of the respondent No. 1. Thereafter the present appellant filed an application under section 383 of the Indian Succession Act praying for revocation of the aforesaid Certificate issued in favour of the respondent. And after hearing the parties, the learned Addl. District Court, Manipur East (to whom the said proceeding was transferred) rejected the afo...

Deputy Commissioner of Income Tax Vs. New Manas Tea Estate (P) Ltd.

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (2000)73ITD157(Gau.)

1. The Department has filed this appeal against the order of the CIT(A), Guwahati, dt. 30th March, 1993, for the asst. yr. 1991-92, by which the additions made by the AO, as mentioned hereinafter have been deleted. The Department has assailed the order of CIT(A) on four grounds and ground No. 4 is general which requires no adjudication.2. In ground Nos. 1 and 2 the Department has assailed the order of the CIT(A) on the ground that the CIT(A) erred in law and in facts in deleting the disallowance of Rs. 2,66,682 made on account of the green leaves under s. 43B of the IT Act, 1961, and in deleting the addition of Rs. 60,000 on account of interest and bank charges by admit fresh evidence in violation of r. 46A of the IT Rules, 1962.3. The AO made the addition of Rs. 2,66,682 being the amount payable on account of cess to the Government of Assam through M/s. Assam Tea Corporation of account of purchase of green leaves from Bholaguri T.E.The AO had stated that the assessee did not pay the ...