Guwahati Court April 2001 Judgments
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Assam State Electricity Board and anr. Vs. Trusses and Towers (P) Ltd.
Court: Guwahati
Decided on: Apr-05-2001
J.N. Sarma, J. 1.This First Appeal has been filed against the judgment and decree dated 15.6.1995 passed by the learned Asstt District Judge No. 1, Guwahati in MS No. 144/94. By the aforesaid judgment, the suit was decreed. 2. The case of the parties are as follows:- The case of the plaintiff in brief is that apart from it being registered under the Companies Act, it is also registered as a a small scale industrial unit with the Directorate of Industries, Govt. of Assam. The plaintiff as such company and industrial unit runs business of manufacturing and supplying of prestressed cement concrete poles (PSC Poles) at its factory situated at Amingaon, Guwahati. The defendants placed two orders one of 17.2.1992 and another on 17.3.1992 with the plaintiff for supply of 3900 Nos. of PSC poles in total. Upon such orders a written contract was entered into between the plaintiff and the defendants in respect of the work of such supply. Out of 3900 Nos. of poles ordered by the defendants, the ...
Assam Electrical Vs. North Eastern Electric Power Corporation Ltd. and ...
Court: Guwahati
Decided on: Apr-05-2001
D. Biswas, J.1. In this petition under Article 226 of the Constitution legality and propriety of the decision taken by the respondent Nos. 1 and 2 in pursuance of the tender notice dated 4.6.1999 and the consequential action in issuing letters of intent vide No. ED/Comm./RG-72/Vol II/ 2000-01/2688 dated 14.9.2000 are in challenge.2. I have heard Mr. B.C. Das, learned counsel for the petitioner as well as Mr. M.Z. Ahmed, learned counsel for the respondent Nos. 1 and 2 and also Mrs. B. Dutta, learned counsel for the respondent No. 5.3. Before the points raised are taken up, I would like to refer to the facts and the background which ultimately culminated in this writ petition.4. Respondent No. 1 North Eastern Electric Power Corporation Ltd. (hereinafter referred to as NEEPCO) issued a notice inviting tender on 15th June, 1998 on two bid system, i.e. Technical Bid and Price Bid for various items of which Package-B dealing with 425 volts AC Switchgear Panel is the subject-matter of the pr...
Tinsukia Trading Co. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-04-2001
A.H. Saikia, J. 1. This is a reference by the learned Single Judge referring the following question for an authoritative pronouncement. The Hon'ble Chief Justice was pleased to constitute this Full Bench to decide the said question of law. 'Whether the consignment of notified agricultural produce which are being transported into the declared market area in the State of Assam are liable to cess U/S 21 of the Act even before their sale and purchase in the market area in view of the decisions of the Supreme Court in Ram Chandra Kailash Kumar & Co. reported in 1980 (Suppl) SCC-27 and in Shalimar Chemical Works Ltd. reported In 1997 (5) SCC -516?' 2. Pronouncing the order dated 17.8.1999 in C.R. No. 1142/97 (Tinsukia Trading Co. & others v. State of Assam & Others) filed by the petitioner's firm questioning the legality and validity ofrealisation of cess under the provisions of Section 21 of the Assam Agricultural Produce Market Act, 1972, (for Short, 'the Act') and Rule 21(7)...
M/S 129 Haria Dablong MIn Mahal Samabat Samity Ltd. Vs. Assam Fisherie ...
Court: Guwahati
Decided on: Apr-04-2001
1. The matter has been placed before the Full Bench pursuant to the order of Reference dated 9.8.1"999 passed by a Division Bench of this Court in Writ Appeal No. 260/99.2. We have heard Mr. N.M. Lahiri, Mr. S.N Bhuyan, Mr. A.K. Phukan, Mr. K.N. Choudhury, learned Senior Advocates, Mr. B.C. Das,.Govt. Advocate, Mr. M.A. Sheikh and Mr. K. Agarwal learned counsel for the parties.3. The matter in hand relates to settlement of fisheries by the Assam Fisheries Development Corporation, for short 'AFDC'. Regulation 16 of the Assam Land & Revenue Regulation, 1886, for short 'the Regulation' reads as follows:"Right in fishery'. The Deputy Commissioner, with the previous sanction of the State Government, may, by proclamation published in the prescribed manner, declare any collection of water, running or still to be a fishery; and no right in any fishery so declared shall be deemed to have been acquired by the public or any person, either before or after the commencement of this Regulation, excep...
S.S. Associate Vs. M.S. Associate
Court: Guwahati
Decided on: Apr-04-2001
P.G. Agarwal, J.1. In Letters Patent Appeal No. 1/99 and 3/98, vide a common order dated 10.2.99, the matter, regarding maintainability of Letters Patent Appeal against an order of the Single Judge before the Division Bench, was referred to the Full Bench.2. We have heard Mr. A.K. Phukan, senior Advocate and Mr. S. Sarma learned counsel for the appellants and Mr. N.M. Lahiri, Senior Advocate for the respondents.3. Although the facts in L.P.A 1/99 and 3/98 are not much relevant for the purpose of deciding the issue before us, we can advert to them to appreciate the question raised in this Reference. The respondent plaintiff instituted Civil suit before the Deputy Commissioner, judicial, who function as the District Judge of Dimapur, Nagaland, for relief under Trade and Merchandise Marks Act, 1958. Plaintiff also sought temporary injunction and the learned Presiding Officer thereafter granted ex-parte injunction as prayed for. Feeling aggrieved the respondents preferred Misc. First App...
Tinsukia Trading Co. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-04-2001
A.H. Saikia, J.1. This is a reference by the learned Single Judge referring the following question for an authoritative pronouncement. The Hon'ble Chief Justice was pleased to constitute this Full Bench to decide the said question of law.'Whether the consignment of notified agricultural produce which are being transported into the declared market area in the State of Assam are liable to cess U/S 21 of the Act even before their sale and purchase in the market area in view of the decisions of the Supreme Court in Ram Chandra Kailash Kumar & Co. reported in 1980 (Suppl) SCC-27 and in Shalimar Chemical Works Ltd. reported In 1997 (5) SCC -516?'2. Pronouncing the order dated 17.8.1999 in C.R. No. 1142/97 (Tinsukia Trading Co. & others v. State of Assam & Others) filed by the petitioner's firm questioning the legality and validity ofrealisation of cess under the provisions of Section 21 of the Assam Agricultural Produce Market Act, 1972, (for Short, 'the Act') and Rule 21(7) of Assam Agricul...
M/S 129 Haria Dablong MIn Mahal Samabat Samity Ltd. Vs. Assam Fisherie ...
Court: Guwahati
Decided on: Apr-04-2001
P.G. Agarwal, J. 1. The matter has been placed before the Full Bench pursuant to the order of Reference dated 9.8.1'999 passed by a Division Bench of this Court in Writ Appeal No. 260/99.2. We have heard Mr. N.M. Lahiri, Mr. S.N Bhuyan, Mr. A.K. Phukan, Mr. K.N. Choudhury, learned Senior Advocates, Mr. B.C. Das,.Govt. Advocate, Mr. M.A. Sheikh and Mr. K. Agarwal learned counsel forthe parties.3. The matter in hand relates to settlement of fisheries by the Assam Fisheries Development Corporation, for short 'AFDC'. Regulation 16 of the Assam Land & Revenue Regulation, 1886, for short 'the Regulation' reads as follows:'Right in fishery'. The Deputy Commissioner, with the previous sanction of the State Government, may, by proclamation published in the prescribed manner, declare any collection of water, running or still to be a fishery; and no right in any fishery so declared shall be deemed to have been acquired by the public or any person, either before or after the commencement of this R...
S.S. Associate Vs. M.S. Associate
Court: Guwahati
Decided on: Apr-04-2001
P.G. Agarwal, J.1. In Letters Patent Appeal No. 1/99 and 3/98, vide a common order dated 10.2.99, the matter, regarding maintainability of Letters Patent Appeal against an order of the Single Judge before the Division Bench, was referred to the Full Bench.2. We have heard Mr. A.K. Phukan, senior Advocate and Mr. S. Sarma learned counsel for the appellants and Mr. N.M. Lahiri, Senior Advocate for the respondents.3. Although the facts in L.P.A 1/99 and 3/98 are not much relevant for the purpose of deciding the issue before us, we can advert to them to appreciate the question raised in this Reference. The respondent plaintiff instituted Civil suit before the Deputy Commissioner, judicial, who function as the District Judge of Dimapur, Nagaland, for relief under Trade and Merchandise Marks Act, 1958. Plaintiff also sought temporary injunction and the learned Presiding Officer thereafter granted ex-parte injunction as prayed for. Feeling aggrieved the respondents preferred Misc. First Appea...
Sanjib Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-03-2001
A.K. Patnaik, J. 1. The petitioner belongs to Koibarta community which is a Scheduled Caste community in the State of Assam, He took the common entrance examination for admission into the MBBS/BDS Course for the session 1999-2000 and was selected for admission to the BDS Course and thereafter admitted to BDS Course in the Regional Dental College, Guwahati. While pursuing the said BDS Course, he took the common entrance examination for admission into the MBBS/BDS Course for the session 2000-2001 and secured a total of 63 marks in Physics, Chemistry & Biology. He was called for an interview by the Selection Board by an Educational Notice published on 17.12.2000 in the newspapers. The petitioner appeared in the said interview, but was not granted admission in the seats reserved for Scheduled Caste in the MBBS Course. Aggrieved, the petitioner has moved this court for direction on the respondents to grant him admission into MBBS Course. 2. Mr K.N. Choudhury, learned counsel appearing...
Bijan Nath Vs. Basabi Nath
Court: Guwahati
Decided on: Apr-03-2001
1. None has appeared for the parties. Perused the records.2. On a complaint filed by Smt. Basabi Nath, alleging commission of offence under Sections 498A, 494, 496/34 IPC and under Section 4 of the Dowry Prohibition Act, a complaint case being CR No. 2618C/98 was registered. Vide the order dated 1.9.1998 the learned Magistrate took cognizance of the offence and issued process against the accused person. This is an application for quashing of the said complaint.3. The case of the complainant is that she was married with the petitioner accused person on 8.5.1997 and thereafter lived as husband and wife for sometime but the marital bliss was shattered by the constant demand for dowry by the petitioner-husband and for the failure to meet the demand the respondent-wife was tortured. During the subsistence of the marriage the accused husband pursuant to a criminal conspiracy contacted a second marriage. On examination of the complaint the trial court took cognizance of the offence against t...
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