Guwahati Court December 2001 Judgments
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Ram Nath Prasad and anr. Vs. State of Assam
Court: Guwahati
Decided on: Dec-10-2001
R.S. Mongia, C.J.1. The Revision petition is on behalf of Sri Ramnath Prasad, Manager and Sri Raghaw Prasad owner of a shop from where, the Food Inspector Sri B.N. Saikia PW1 collected sample of Chillies Powder on 9.2.1989, Food sample was collected and was got analysed from the Public Analyst and it was found to contain coal tar colour which is not permissible. After going through the due process the petitioners were sent up for trial. Prosecution examined two witnesses, i.e., the Food Inspector and his Peon Sri Kiran Chandra Das. Vide Judgment of the trial court dated 20.10.1993 the petitioners were convicted for storing and selling adulterated Chillies Powder violating Sub-section (1)(a) under Section 2 of the Prevention of Food Adulteration Act and they were convicted under Section 16(1)(a) read with Section 7 of the Prevention of Food Adulteration Act and sentenced them to R.I. for a period of Six Months and to pay a fine of Rs. 1,000 each and in default of payment of fine furthe...
Beauty Rajkhowa Vs. State of Assam and anr.
Court: Guwahati
Decided on: Dec-10-2001
R.S. Mongia, J. 1. Heard Mr. P.J. Phukan, learned counsel for the petitioner and Mrs. K. Deka, learned Public Prosecutor, Assam. 2. With the help of the learned counsel for the petitioner as well as the learned counsel for the respondent No. 1, I have gone through the records of the case. 3. By this revision petition under Section 397/401/482 of the CrPC, read with Article 227 of the Constitution of India, Mrs. Beauty Rajkhowa, wife of Sri Sushil Rajkhowa (respondent No. 2) challenges the notice issued by the Chief Judicial Magistrate, Guwahati dated 3rd of December, 1994 by which she was directed to produce her minor son Mastger Ayon Rajkhowa on 21st of December, 1994 in his court. It is alleged in this petition that due to inhuman cruelty meted out to the petitioner and her children by respondent No. 2, it became impossible for the petitioner and other family members to live with the respondent No. 2 as one family and for about a year before filing of the present petition, she alon...
Chandika Sarma Vs. State of Assam and anr.
Court: Guwahati
Decided on: Dec-10-2001
R.S. Mongia, C.J. 1. The petitioner was tried in FIR No. 66/90 of Dhubri Police Station, district Dhubri dated 17.2.1990 under Sections 143/458, etc. but was acquitted on 5.12.1992 (CR Case No. 200/90). However no order was passed regarding the disposal of the seized property by the learned Magistrate. An application was moved by the petitioner for release of the articles seized during the investigation in the aforesaid case and on 7.7.1993 the following order was passed by the learned Magistrate: 'Perused the case record. A Judgment of acquittal of the accused persons was pronounced by the learned predecessor Magistrate setting the accused persons at liberty on 5.12.1992 in the G.R. case No. 200/90. Learned Advocate G. Ahmed has filed a petition on behalf of the accused persons to release the seized articles seized by the IO in connection with this case since informant - complainant did not put seized articles are exclusively belong to the accused persons. It has been further sated...
Dy. Cit Vs. Brahmaputra Steels (P) Ltd.
Court: Guwahati
Decided on: Dec-10-2001
By the BenchThis appeal is preferred by the revenue in respect of the assessment year 1990-91 against the order of the Commissioner (Appeals).2. The facts of the case are that the respondent is a private limited company engaged in the business of manufacturing iron ingots from scrap. Detailed records are maintained for purchase of raw material and production of finished goods as required under Central Excise Act. The daily stock registers in respect of purchase of raw materials and production of finished goods are also verified regularly by the Central excise authorities as required under the relevant statutes. The assessee had also furnished weekly, fortnightly and quarterly returns before the Central excise authorities in respect of raw materials, production, etc. In the assessment year 1989-90, purchases made from 23 parties were not accepted by the assessing officer, on the ground that these were not produced before the assessing officer for verification. The additions made were d...
Central Bank of India and ors. Vs. Central Bank Canteen Boys Associati ...
Court: Guwahati
Decided on: Dec-05-2001
A.K. Patnaik, J. 1. This is an appeal against the judgment and order dated 23.8.1999 of the learned Single Judge in Civil Rule No. 4509/94 allowing the writ petition of the Respondent. 2. The Respondent Association is a Trade Union registered under the Trade Union Act, 1968. The members of the Respondent Association are employed as Canteen Boys in the Staff Canteens 'of the different branches of the Central Bank of India located in the North-Eastern Region. They have been serving in the Canteens for quite sometime, the oldest member has been employed since 31.10.1984 and the latest member had been employed since 3.3.1993. The Respondent submitted representations dated 23.2.1994 and 24.6.1994 requesting the authorities of the Central Bank of India to absorb the canteen boys as regular employees of the Bank, but as they were not absorbed as such regular employees of the Bank, the Respondent Association filed Civil Rule No. 4509/ 94 before this Court. The case of the Respondent is tha...
Nasha Toys Pvt. Ltd. Vs. Harshad Corporation
Court: Guwahati
Decided on: Dec-04-2001
R.S. Mongia C.J. 1. Harshad Corporation, clearing and forwarding agent, Ahmedabad (hereinafter referred to as 'the respondent-company') filed a company petition being Company Petition No. 2 of 1995 for winding up Nasha Toys Pvt. Ltd., a joint venture with Nagaland Industrial Development Corporation Ltd., having its registered office at Duncan Road, Police Station Dimapur West, Dimapur, under Sub-section (1)(b) of Section 439 of the Companies Act, 1956, for the alleged negligence to pay Rs. 3,46,368 towards indebtedness. This company petition was registered as Company Petition No. 2 of 1995. The managing director of Nasha Toys Pvt. Ltd. (hereinafter referred to as 'the appellant-company') did put in his appearance before the company judge. However, he did not file any reply to the company petition. The company judge issued notice to show cause as to why the advertisement for winding up the appellant-company under Section 433 read with Section 438 of the Companies Act should not be pu...
Gitanjali Kalita Barua and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-04-2001
D. Biswas, J. 1. The petitioners in all these writ petitions were appointed as Assistant teachers in various ME/MV/MEM Schools on temporary basis. As per general instructions issued the State respondents services of all the writ petitioners have been cancelled. 2. Aggrieved thereby, the petitioners have filed the aforementioned writ petitions for quashing the government notifications and the directions issued by the Director of Elementary Education, Assam for termination of the services of the writ petitioners and the consequential orders passed by the District administration. 3. I have heard Mr, K.N. Chowdhury, learned senior counsel and other learned counsels representing the petitioners. I have also heard Mr. A.K. Phukan, learned Advocate General, Assam assisted by Ms. R. Chakraborty, learned State counsel. 4. Before the grievances raised by the writ petitioners are taken up for Consideration, it is considered imperative to record a few words about the facts, which eventually p...
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