Guwahati Court July 2000 Judgments

Crompton Greaves Ltd. Vs. Commissioner of Taxes and ors.

Court: Guwahati

Brijesh Kumar, C.J. 1.This appeal arises out of the judgment and order passed by the learned single Judge, dated May 18, 1995, in Civil Rule No. 2810 of 1991.2. The question involved for consideration is as to whether an offence under the provisions of the Assam Finance (Sales Tax) Act, 1956, would be a cognizable offence and liable to be investigated under the provisions of the Code of Criminal Procedure, 1973, or not.3. We have heard Shri A.K. Saraf, learned counsel appearing for the appellant and Shri A.K. Goswami, learned counsel appearing for the State.4. The petitioner/appellant is a limited company dealing in supply of pump sets, etc. It has a branch at Guwahati, registered as a dealer under the Assam Finance (Sales Tax) Act, 1956. According to the appellant, it has submitted its return and paid the sales tax and the concerned authority of the Sales Tax Department completed the assessment for the period ending on March 31, 1987. The appellant was, however, served with a notice ...

Lalzawliana Vs. State of Mizoram and ors.

Court: Guwahati

1. I have heard Mr. G. Raju and Mr. S. Sailo, learned counsel for the petitioner, Mr. T. Vaiphei, learned Asst. Advocate General for the State respondent Nos. 2. 3, 4 and 5 and Mr. Michael Zothankhuma, learned counsel for the private respondent No. 6.2. By this application under Article 226 of the Constitution of India, the petitioner prays for issuance of an appropriate writ for quashing the decision of the respondent Government to accept the tender of the respondent No. 6 for Group 1 of the NIT No. 7/EE(PWD)/AD/ 1999-2000 issued by the respondent No. 5 the Executive Engineer, PWD, Airport Division, Mizoram, Aizawl and the further direction to the respondents to allot the said work to the petitioner, being the lowest tenders I have considered the writ petition with annexures thereto, the affidavit-in-opposition with annexures thereto filed on behalf of the State respondents and the affidavit-in-opposition with annexures thereto filed on behalf of the private respondent No. 6.3. This C...

Airport Authority of India Vs. Satyagopal Roy and ors.

Court: Guwahati

P.G. Agarwal, J.1. This appeal under Section 9(C) of the Air Craft Act is directed against the award dtd. 15.11.1995 made by the Sole Arbitrator, Sri R.B. Sinha.2. The facts of the case in brief are that the respondents 1 to 10 had their land and houses situated adjacent to the Agartala Airport. There were standing trees on the said land and as the trees endangered the safety of the Aircraft and passenger as provided under the said Aircraft Act, the District Magistrate and Collector, West Tripura was authorised by the competent authority vide order dtd. 22.10.1990 to cut the tall trees and other obstruction within the radius of the run way. Thereafter, the District Magistrate issued necessary direction to the 22 families and thereafter 16 families cut and removed the trees and they were paid necessary compensation. The remaining six families covering the Respondents 1 to 10 did not cut their trees, where-upon notices were issued to them on 10.9.1990, 15.10.1990 and 17.11.1990. The resp...

Msm Textiles Pvt. Ltd. and ors. Vs. Assam Financial Corporation

Court: Guwahati

N.C. Jain, J.1. The present appeal has been filed by the appellant under subsection (9) of Section 32 of the State Financial Corporations Act. 1951 against the judgment of the learned District Judge, Nagaon dated 10.4.1996 allowing the application of the respondent under Section 31 of the State Financial Corporations Act, 1951 (hereinafter referred to as 'the Act'). The application was filed on the allegations that the appellant wanted to set up a textile manufacturing unit at Gopal Nagar, Hojai and approached the respondent, Financial Corporation, for a loan of Rs. 43 lakhs. After appraisal, the respondent sanctioned a term loan of Rs. 38.5 lakhs against hypothecation of properties and on additional terms and conditions as intimated to the appellant. The appellant after accepting the terms and conditions executed the necessary documents of mortgage. Not only that hypothecation and personal guarantee etc. was also given. The loan was sanctioned for the following purposes - 1. Building...

Gegong Apang and anr. Vs. Sanjoy Tassar

Court: Guwahati

J.N, Sarma, J. 1. This appeal has been filed under Rule 48 of the Assam Frontier (Administration of Justice) Regulation, 1945 read with Rule 50 of the aforesaid Regulation. Alternatively it is also an application under Article 227 of the Constitution of India.2. The matter arises out of an order dated 26.5.2000 passed by the Learned Deputy Commissioner, Papumpara District, Itanagar in Misc. (J) Case No. 01 (A) of 2000. By the aforesaid order the Trial Court granted injunction against the appellant restraining them from interfering in the functioning of Donyie Polo Mission by the so-called Managing Committee constituted in the General Body Meeting held on 30.4.2000.3. Donyie Polo Mission is a society registered under the Societies Registration Act, 1860. It was registered on 19.6.1979 as seen from the certificate granted by the Registrar of Societies, Arunachal Pradesh, Itanagar. That certificate is available in the memorandum of Association and Rules and Regulation of Donyie Polo Mis...

Kable Singh Sanghere Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

Brijesh Kumar, C.J. 1. The judgment and order dated 4.1.1996 passed by the learnedSingle Judge in Civil Rule No. 1001/90 gave rise to this appeal. The Civil Rule preferred by the petitioner-appellant in the matter of his service regarding disciplinary proceeding was dismissed. 2. We have heard Shri B.C. Das, learned counsel for the appellant and Shri N.N. Saikia, learned Advocate General for the State of Arunachal Pradesh. 3. The brief facts necessary to appreciate the points involved in the present appeal are that the appellant was appointed as Assistant Sub-Inspector of Police on 16-2-1986 in the Arunachal Pradesh Police. He was posted at police station Pashighat. A departmental proceeding was initiated jointly against the petitioner and another police officer namely Officer-in-charge of the Police Station. Altogether two charges were levelled against them. One of them was that they unloaded 24 Nos. C.G.I, sheet from a bus which was brought to the Police Station and the next charge ...

Assam State Co-operative Marketing and Consumers' Federation Limited V ...

Court: Guwahati

J.N. Sarma, J. 1. This appeal has been filed by the defendant. A suit was filed for realisation of compensation and damages.2. The brief facts of the case are asfollows :3. That the suit houses and premises which have been fully described in the Schedule A, belonged to the plaintiff. It has been stated that the suit houses along with premises and some furniture like Godrej, iron safe. Jute Bail press machine etc. were let out to the defendant under two separate agreements. It has been stated that under the agreement dated 26-12-80, the godown on the North Western corner was let out to the defendant at a monthly rent of Rs. 220/-. It has been stated that the defendanttook possession of the godown on 4th July. 1980, though the formal written agreement was executed afterwards. It has been stated that the other godown which consisted of a two storeyed Assam Type house, kitchen, labour quarters, and some furniture etc. was let out at a monthly rent of Rs. 916.00 under an agreement dated 1...

Kable Singh Sanghere Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

Brijesh Kumar, C.J.1. The judgment and order dated 4.1.1996 passed by the learnedSingle Judge in Civil Rule No. 1001/90 gave rise to this appeal. The Civil Rule preferred by the petitioner-appellant in the matter of his service regarding disciplinary proceeding was dismissed.2. We have heard Shri B.C. Das, learned counsel for the appellant and Shri N.N. Saikia, learned Advocate General for the State of Arunachal Pradesh.3. The brief facts necessary to appreciate the points involved in the present appeal are that the appellant was appointed as Assistant Sub-Inspector of Police on 16-2-1986 in the Arunachal Pradesh Police. He was posted at police station Pashighat. A departmental proceeding was initiated jointly against the petitioner and another police officer namely Officer-in-charge of the Police Station. Altogether two charges were levelled against them. One of them was that they unloaded 24 Nos. C.G.I, sheet from a bus which was brought to the Police Station and the next charge was ...

R.L. Roy and Co. Vs. State of Tripura and ors.

Court: Guwahati

Reported in: 2006143STC657

1. All these three Civil Rules are being disposed of by this common judgement as they involve a common question of law and facts.2. The petitioner in Civil Rule No. 114/115 M/S R.L. Roy & Co. and the petitioner in Civil Rule No. 117 M/S B.D.D.& Co. are engaged in the contract work and also manufacturing and selling of bricks, brick-bats etc. The firms are also registered assessee under the Tripura Sales Tax Act, 1976.3. The Tripura Sales Tax (Fourth Amendment) Act. 1987 (hereinafter referred to as 'the Act') was enacted by the Tripura Legislative Assembly and received the assent of the Governor on 12-5-1987 and published in the Gazette on 12-6-1987. Section 1(3) reads as follows :"(3) Clause (i) of section 3 and section 4 shall be deemed to have come into force on the Twelfth day of July, 1984 and all other provisions shall come into force at once."4. In these writ petitions the petitioners have challenged the validity of the above provisions and has prayed for striking out the same an...

R.L. Roy and Co. Vs. State of Tripura and ors.

Court: Guwahati

Reported in: [2006]143STC657(Gauhati)

1. All these three Civil Rules are being disposed of by this common judgement as they involve a common question of law and facts.2. The petitioner in Civil Rule No. 114/115 M/S R.L. Roy & Co. and the petitioner in Civil Rule No. 117 M/S B.D.D.& Co. are engaged in the contract work and also manufacturing and selling of bricks, brick-bats etc. The firms are also registered assessee under the Tripura Sales Tax Act, 1976.3. The Tripura Sales Tax (Fourth Amendment) Act. 1987 (hereinafter referred to as 'the Act') was enacted by the Tripura Legislative Assembly and received the assent of the Governor on 12-5-1987 and published in the Gazette on 12-6-1987. Section1(3) reads as follows :'(3) Clause (i) of section 3 and section 4 shall be deemed to have come into force on the Twelfth day of July, 1984 and all other provisions shall come into force at once.'4. In these writ petitions the petitioners have challenged the validity of the above provisions and has prayed for striking out the same and...