Guwahati Court January 2001 Judgments
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Pranab Kumar Saha Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jan-12-2001
1. The petitioner is a registered contractor under the Government of Tripura, He undertook a contract work under an agreement entered into between himself and the Director of Food & Civil Supplies Department, Government of Tripura for transportation of food grains from FCI Depot, Barpeta Road, Guwahati to Central Stores, A.D.Nagar, Agartala. The copy of the work order dated 27.2.1991 is at Annexure-1. According to the petitioner, the said work was executed by a partnership firm under the name and style M/s Radha Gobinda Brick Industries.. The copy of the unregistered partnership deed is found at Annexure-3. It so happens that the said partnership firm defaulted in making payment of the requisite tax payable under the provisions of the Tripura Sales Tax Act, 1976 (hereinafter referred to as 'the Act'). For the purpose of recovery of the said amount of tax being Rs. 3,21,633.70 paise, notice dated 5.8.1991 (Annexure-4 to the writ petition) was issued to the Director of Food & Civil Suppl...
Md. Gazi Khan Vs. State of Manipur
Court: Guwahati
Decided on: Jan-11-2001
A.K. Saikia, J. 1. Heard Mr. Ch. Narendra, learned counsel for the petitioner as well as Mrs. Ch. Bidyamani Devi learned P.P. 2. This bail application is moved before this court by the petitioner on behalf of his son, Md. Gazi Khan, who was arrested on 17.10.2000 in connection with FIR case No. 17( 10) 2000 SPT P.S. under Section 20(b)60(3) ND & PSAct. 3. The facts of the case, as emerges from the FIR are that the accused, Gazi Khan, along with one T. Hopping were arrested by the personnel of 21 Assam Rifles at the time of making normal checking at Senapati. During the course of such checking by the Assam Rifles, a Jeep bearing Regn. No. MN 04/6135 wherein both the individuals were travelling, the personnel of Assam Rifles found therein 106 kgs of Ganja contained in 6 gunny bags which were also seized. 4. Mrs. Ch. Bidyamani Devi, learned P.P. has produced the case diary and I have perused the same. 5. The learned counsel for the petitioner submits that the accused, Gazi Khan, is a...
Dr. Dilip Kumar Sarkar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-10-2001
1. By this judgment Writ Petition (C) No. 3945/99, 5095/99, 2294/ 2000 and 2323/2000 are being disposed of as they relate to the same subject-matter. 2. Writ Petition (C) No.3945/99 has been filed by Dr. Dilip Kumar Sarkar praying for issue of appropriate directions for recalling the advertisement No. 6/99 dated 5.6.1999 issued for selection of thePrincipals of three Medical Colleges of Assam and for further direction for holding interview on the basis of advertisement No. 7/97 making provisions for reservation for Scheduled Caste candidates. His grievance is that the ad-hoc appointment should no longer continue and regular appointment be made complying with the reservation policy of the Government. The State in their affidavit-in-opposition justified the impugned advertisement on the ground that it had to be issued to comply with the provisions of the Assam Scheduled Caste and Scheduled Tribe (Reservation of vacancies for Services and Posts) Act, 1978. Respondent No. 4, Dr. K.N. Bar...
Dilip Kumar Sarkar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-10-2001
1. By this judgment Writ Petition (C) Nos. 3945/99, 5095/99, 2294/ 2000 and 2323/2000 are being disposed of as they relate to the same subject matter. 2. Writ Petition (C) No. 3945/99 has been filed by Dr. Dilip Kumar Sarkar praying for issue of appropriate directions for recalling the advertisement No. 6/99 dated 5.6.1999 issued for selection of the Principals of three Medical Colleges of Assam and for further direction for holding interview on the basis of advertisement No. 7/97 making provisions for reservation for Scheduled Caste candidates. His grievance is that the ad-hoc appointment should no longer continue and regular appointment be made complying with the reservation policy of the Government. The State in their affidavit-in-opposition justified the impugned advertisement on the ground that it had to be issued to comply with the provisions of the Assam Scheduled Caste and Scheduled Tribe (Reservation of vacancies for Services and Posts) Act, 1978. Respondent No. 4, Dr. K.N....
Dr. Dilip Kumar Sarkar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-10-2001
1. By this judgment Writ Petition (C) No. 3945/99, 5095/99, 2294/ 2000 and 2323/2000 are being disposed of as they relate to the same subject-matter.2. Writ Petition (C) No.3945/99 has been filed by Dr. Dilip Kumar Sarkar praying for issue of appropriate directions for recalling the advertisement No. 6/99 dated 5.6.1999 issued for selection of thePrincipals of three Medical Colleges of Assam and for further direction for holding interview on the basis of advertisement No. 7/97 making provisions for reservation for Scheduled Caste candidates. His grievance is that the ad-hoc appointment should no longer continue and regular appointment be made complying with the reservation policy of the Government. The State in their affidavit-in-opposition justified the impugned advertisement on the ground that it had to be issued to comply with the provisions of the Assam Scheduled Caste and Scheduled Tribe (Reservation of vacancies for Services and Posts) Act, 1978. Respondent No. 4, Dr. K.N. Barua,...
Satya Prasad Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-09-2001
1. In this application under Article 226 of the Constitution, the petitioner has prayed for quashing the order dated 7.7.1989 passed by the Director of Sports & Youth Welfare, Assam, discharging him from service, and for a direction on the respondents to reinstate him in service will all service benefits. 2. The relevant facts for disposal of this writ petition briefly are that the petitioner was working as Inspector of Physical Education under the Director of Sports & Youth Welfare, Assam. While he was posted at Dhubri as such Inspector of Physical Education in the years 1987-1988, he remained absent on various dates and did not attend to his duties. The Inspector of Schools, Kokrajhar District Circle, called for an explanation from the petitioner for such unauthorised absence by his letter dated 20.8.1987. Subsequently, the Director of Sports & Youth Welfare also called for such explanation from the petitioner by his letters dated 22.7.1988, 5.9.1988 and 18.11.1988. Alt...
Rina Sikdar Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Jan-09-2001
R.S. Mongia, J. 1. The petitioner herein Smt. Rina Sikdar had brought a suit against, the Respondents Union of India and Divisional Railway Manager, N. F. Railways, Tinsukia, which was registered as Title Suit No. 48 of 1994. Her case in the suit was that she was lawfully in physicalpossession over a plot of land measuring 1 K 10 Ls covered by Dag No. 2917 of. P. P. No. 195 under Tinsukia Mauza situated at Borpathar Road. Tinsukia Town by paying land revenue to the Government of Assam in her own name. It was her further case that she had been residing on the land by constructing houses thereon paying taxes to the municipality and her Holding No. is 3594(A) of Ward No. 15 of the Tinsukia Municipal Board. The defendants in the suit (Respondents herein) allegedly planned to construct wall on the northern side of the suit land and on 2.8.1994 the workers of the defendants further allegedly asked the plaintiff to remove her fencing and house. Since she had refused to do so, they had left ...
State of Tripura and anr. Vs. Tripura Bus Syndicate
Court: Guwahati
Decided on: Jan-08-2001
B.B. Deb, J. 1. This Writ Appeal is directed against the judgment dated 8th July, 1996 passed by the learned Single Judge in Civil Rule No. 144 of 1990 by the State-respondents. 2. In short, the case of the writ petitioner (herein the respondent) is that the writ petitioner being a registered Trade Union of vehicle operators have been doing transport business by operating different kinds of vehicles throughout the State. During last Parliamentary Election, 1989 a large number of vehicles belonging to the petitioner's Union (Tripura Bus Syndicate) were requisitioned by the respondent No.2, the District Magistrate and Collector, West Tripura, vide requisition order dt.4.11.1989 (Annexure-2 to the writ petition) in exercise of powers under section 160(i)(b) of the Representation of the People Act, 1951 read with Notification No. F.14(2)-GA/77, dated 30.10.1989. Subsequently, vide Annexure-3 dated 8th November, 1989 the Chief Electoral Officer accepted the rates of hiring charge so deter...
State of Tripura and anr. Vs. Tripura Bus Syndicate
Court: Guwahati
Decided on: Jan-08-2001
B.B. Deb, J.1. This Writ Appeal is directed against the judgment dated 8th July, 1996 passed by the learned Single Judge in Civil Rule No. 144 of 1990 by the State-respondents.2. In short, the case of the writ petitioner (herein the respondent) is that the writ petitioner being a registered Trade Union of vehicle operators have been doing transport business by operating different kinds of vehicles throughout the State. During last Parliamentary Election, 1989 a large number of vehicles belonging to the petitioner's Union (Tripura Bus Syndicate) were requisitioned by the respondent No.2, the District Magistrate and Collector, West Tripura, vide requisition order dt.4.11.1989 (Annexure-2 to the writ petition) in exercise of powers under section 160(i)(b) of the Representation of the People Act, 1951 read with Notification No. F.14(2)-GA/77, dated 30.10.1989. Subsequently, vide Annexure-3 dated 8th November, 1989 the Chief Electoral Officer accepted the rates of hiring charge so determine...
Dipty Chakraborty Vs. Santosh Kumar Chakraborty
Court: Guwahati
Decided on: Jan-05-2001
J.N. Sarma, J.1. This appeal has been filed against the judgment dt. 15.9.1997 passed by the Learned Additional District Judge, Cachar, Silchar in T. Suit No. 64/92.2. By the impugned judgment he allowed the prayer for grant of probate of a will executed by one Surendra Kumar Chakraborty. It was found by the learned Judge that the will was duly executed and attested and there was no suspicious circumstances with regard to that. The daughter has come up on appeal.3. I have heard Mr. K.K. Dey, learned Advocate for the appellant and Mr. G.N. Sahewalla, learned Advocate for the respondents.4. The will in this case was written by the testator himself and when a will is written by the testator himself a presumption will arise, such a will is known as holograph will and better/strong presumption of the will being executed arises and in such a situation propounder is only required to formally prove the will for which very little evidence is required for rebuttal of the presumption cogent evid...
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