Guwahati Court August 2000 Judgments
State of Tripura and ors. Vs. Remendra Nath Dey
Court: Guwahati
Decided on: Aug-31-2000
J.N. Sarma, J. 1. All these writ appeals have been filed by the State of Tripura against the common judgment dated 7.10.1998 passed by the learned Single Judge in Civ. Rule Nos. 84/92, 279/92 & 92/92. The facts of the Civ. Rules are given below : Civ. Rule No. 84 of 1992 2. This writ petition has been filed by the petitioner, Ramenora Nath Ley praying the following reliefs : (a) to direct the respondents to pay the pay-scale recommended by the University Grants Commission, hereinafter called as UGC, to the petitioner as Assistant Professor with effect from 1.12.1977 and in the senior scale of pay with effect from 1.12.1977 and 1.12.1985 respectively. (b) to direct the respondents not to appoint any person as Vice-Principal in the Government Music College, B-Music wing (Degree Course). 3. The petitioner herein is an M.A. (Classical Vocal) Music and M.A. in Bengali, B.Ed, and Sangeet Visharad. The petitioner was offered the post of Senior Lecturer in the Govt. Music College, ...
Tag this Judgment!Employees' State Insurance Corporation, Regional Office and Anr. Vs. T ...
Court: Guwahati
Decided on: Aug-30-2000
P.G. Agarwal, J. 1. This appeal under Section 82(2) of the Employees' State Insurance Act, 1948 (for short the Act) is directed against the judgment and order passed by the learned Judge, Employees Insurance Court at Guwahati on April 18, 1994 in E.S.I. Case No. 3 of 1993. 2. The case of the respondent employer Technico is that, prior to 1980 they used to employ more than 20 persons and as such they were contributing towards the E.S.I. Scheme. Subsequently, as more Gas Agencies were opened, the work force was reduced to 13/14 employees and accordingly, they informed the authority that they are not liable to pay any contribution under the Act. They however, admitted that occasionally they engage some labourers for delivery of Gas cylinder on charge of Re. 1/-per cylinder. 3. The case of the appellant E.S.I. Corporation is that, the commission basis workers, that is thelawalas are also the employees of the petitioner and if their numbers are added to the regular employees, the employer...
Tag this Judgment!Susanta Kumar Chowdhury Vs. Birendra Kumar Deb and ors.
Court: Guwahati
Decided on: Aug-30-2000
J.N. Sarma, J. 1. The preliminary objection taken in these appeals is regarding the maintainability of the appeals. 2. We have heard Mr. S. Deb, the learned senior counsel for the appellant and Mr. A. M. Lodh, the learned senior counsel for the respondents in L.P. A. No. 1 of 1996. We have also heard Mr. B. Das, the learned senior counsel for the appellants and Mr. M. S. Lodh, the learned counsel for the respondent regarding maintainability of the appeals. 3. The submission of the learned counsel for the respondents is that an appeal is provided under the Indian Succession Act under Section 299 and that this appeal decided by the learned Single Judge is final and no further appeal lies. It is the further submission of the learned counsel that Section 299 opens itself that the order passed by the learned District Judge is appealable and as such it is not a judgment. The learned counsel for the respondents relies on Sections 100A and 104, sub-sections (1) and (2). A bare reading of sec...
Tag this Judgment!Susanta Kumar Chowdhury Vs. Birendra Kumar Deb and ors.
Court: Guwahati
Decided on: Aug-30-2000
ORDERJ.N. Sarma, J.1. The preliminary objection taken in these appeals is regarding the maintainability of the appeals.2. We have heard Mr. S. Deb, the learned senior counsel for the appellant and Mr. A. M. Lodh, the learned senior counsel for the respondents in L.P. A. No. 1 of 1996. We have also heard Mr. B. Das, the learned senior counsel for the appellants and Mr. M. S. Lodh, the learned counsel for the respondent regarding maintainability of the appeals.3. The submission of the learned counsel for the respondents is that an appeal is provided under the Indian Succession Act under Section 299 and that this appeal decided by the learned Single Judge is final and no further appeal lies. It is the further submission of the learned counsel that Section 299 opens itself that the order passed by the learned District Judge is appealable and as such it is not a judgment. The learned counsel for the respondents relies on Sections 100A and 104, sub-sections (1) and (2). A bare reading of sec...
Tag this Judgment!State of Tripura and ors. Vs. Remendra Nath Dey
Court: Guwahati
Decided on: Aug-30-2000
J.N. Sarma, J. 1. All these writ appeals have been filed by the State of Tripura against the common judgment dated 7.10.1998 passed by the learned Single Judge in Civ. Rule Nos. 84/92, 279/92 & 92/92. The facts of the Civ. Rules are given below : Civ. Rule No. 84 of 1992 2. This writ petition has been filed by the petitioner, Ramenora Nath Ley praying the following reliefs : (a) to direct the respondents to pay the pay-scale recommended by the University Grants Commission, hereinafter called as UGC, to the petitioner as Assistant Professor with effect from 1.12.1977 and in the senior scale of pay with effect from 1.12.1977 and 1.12.1985 respectively. (b) to direct the respondents not to appoint any person as Vice-Principal in the Government Music College, B-Music wing (Degree Course). 3. The petitioner herein is an M.A. (Classical Vocal) Music and M.A. in Bengali, B.Ed, and Sangeet Visharad. The petitioner was offered the post of Senior Lecturer in the Govt. Music College, Agartala vi...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Chairman, Lok Adalat Cum Member, Mact
Court: Guwahati
Decided on: Aug-25-2000
N.C. Jain, J.1. This petition has been filed by the Insurance Co. against the order of the Lok Adalat granting Rs. 3 lacs to the injured. The impugned order reads as under :'Seen the case records. The case has been dragging in the court for a very long time. Even interim award has not been passed. Seen the claimant personally. Was examined by District Medical Officer in Lok Adalat who opined which is that the claimant has suffered 25% disability. Claimant has claimed Rs. 3 lac as compensation not agreeable to defendant. No cash amount will be able to compensate the loss of earning capacity of the claimant and also the mental torture and agony suffered by the claimant. Even then an amount of Rs. 3 lacs is ordered as final award to be paid to the claimant. The amount be paid within three months.The date of next hearing will be intimated later on.'2. Since the very foundation of the Lok Adalat is based on the settlement of cases by compromise only, the learned Deputy Commissioner exceede...
Tag this Judgment!Assistant Commissioner of Income Tax Vs. Mohanlal Rupesh Kumar
Court: Guwahati
Decided on: Aug-25-2000
S. Bandyopadhyay, A.M:In this departmental appeals the following grounds of appeal have been taken up :"1. For that, on the facts and in the circumstances of the case, the Commissioner (Appeals) erred in law in directing the assessing officer to allow deduction of depreciation and electrical expenses from house property income.2. For that any other ground or grounds may be allowed to be raised at the time of hearing."2. In the assessment order, the assessing officer has assessed the rental income of the assessee as income from house property. He has declined to allow depreciation and electrical expenses on the ground that there is no provision for allowing the same.It was submitted before the Commissioner (Appeals) that the property had been let out by the assessee with all furniture and fixtures and the assessee was also required to provide for air- conditioner, etc. It was, thus, contended that the rent received by the assessee was of the nature of composite rent for the a...
Tag this Judgment!Abdul Latif @ Latif Mia and ors. Vs. Kajal Das and anr.
Court: Guwahati
Decided on: Aug-21-2000
1. When the case is called on, none appears for the accused petitioners and for the opp. Party informant. I have heard Mr. Noor Mohammad, learned PP appearing for the opp. Party No. 2 State ofAssam. 2. This Criminal Revision Petition is directed against the judgment and order dated 1.6.1996 passed by the learned Sessions Judge, Karimganj in Criminal Revision No. 5(l)/95 remanding the case back for disposal on setting aside the judgment and order of acquittal dated 28.11.1994 passed by the learned CJM, Karimganj in G.R. Case No. 357 of 1990 under Section 147/448/427 IPC. 3. The prosecution case, in brief, is that on 1.4.1990 at about 10.00 A.M. accused Latib & Latif Mia along with his labourers trespassed into the shop of the informant PW1, owner of Jyoti Electrical Works situated at Kanishail, Patharkandi road and started demolishing the shop house. On being resisted by the informant, the accused persons threatened to assault him. On receipt of the FIR the police registered a c...
Tag this Judgment!Abdul Latif @ Latif Mia and ors. Vs. Kajal Das and anr.
Court: Guwahati
Decided on: Aug-21-2000
1. When the case is called on, none appears for the accused petitioners and for the opp. Party informant. I have heard Mr. Noor Mohammad, learned PP appearing for the opp. Party No. 2 State ofAssam. 2. This Criminal Revision Petition is directed against the judgment and order dated 1.6.1996 passed by the learned Sessions Judge, Karimganj in Criminal Revision No. 5(l)/95 remanding the case back for disposal on setting aside the judgment and order of acquittal dated 28.11.1994 passed by the learned CJM, Karimganj in G.R. Case No. 357 of 1990 under Section 147/448/427 IPC. 3. The prosecution case, in brief, is that on 1.4.1990 at about 10.00 A.M. accused Latib & Latif Mia along with his labourers trespassed into the shop of the informant PW1, owner of Jyoti Electrical Works situated at Kanishail, Patharkandi road and started demolishing the shop house. On being resisted by the informant, the accused persons threatened to assault him. On receipt of the FIR the police registered a case and ...
Tag this Judgment!Bappi Paul Vs. Ranjan Paul
Court: Guwahati
Decided on: Aug-18-2000
1. This is an application under section 24 of the Code of Civil Procedure, 1908, filed by the petitioner for transfer of Title Suit (Divorce) No. 62 of 1999 filed by the opposite party in the court of learned District Judge, West Tripura at Agartala in the State of Tripura to the court of learned District Judge, Cachar at Silchar in the State of Assam. 2. The grounds indicaled in paragraphs 6 and 7 of the application for transfer of the aforesaid suit from the court of learned District Judge, West Tripura at Agartala to the Court of learned District Judge. Cachar at Silchar is that the petitioner-defendant is a lady without any financial resources and has no income of her own, and lives under the care of her parents. She is also not accustomed to moving alone by herself. Her father is about 60 years old and a sick person and there is no one except her minor younger brother to escort her to Agartala to attend the court. It has further been stated in paragraph-7 of the application that...
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