Guwahati Court August 2001 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Upendra Nath Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-07-2001
A.H. Saikia, J. 1. Heard Mr. A. Roy, learned senior counsel for the petitioner assisted by Mr. A.J. Atia, learned counsel. Also heard Mr. N. C. Phukan, learned Addl. Senior Govt. Advocate appearing on behalf of the State of Assam. 2. The legality and validity of the impugned order dated 30.12.1998 issued by the Director of Pension, Assam to the Director of Secondary Education, Assam, directing to recover the excess drawal of pay by the petitioner while holding the charge of the higher post of Headmaster, has been challenged in this writ petition. 3. The facts briefly stated are that the petitioner was appointed as Asstt. Head Master on 19.3.1959 in Choukhunty High School in the district of Barpeta. On 22.3.1977 the petitioner was regularly selected for Headmaster but instead of absorbing him as full fledged Headmaster, on 6.3.1991 the petitioner was allowed to hold the charge of Headmaster of the school in which he had been working in addition to his own duties of Asstt. Headmaster. ...
Bidhan Paul Vs. Paresh Chandra Ghosh
Court: Guwahati
Decided on: Aug-06-2001
1. The second appeal arises out of an order of dismissal dated 7.3.1994 passed by the First Appellate Court (learned District Judge, West Tripura, Agartala) in Title Appeal No. 13 of 1993 by which decree of dismissal dated 21.12.1992 passed by the learned trail court (Assistant District Judge, West Tripura, Agartala. Court No. 1) in Title Suit No. 117 of 1990 was upheld and, as such, this second appeal is an appeal against the concurrent findings of the learned Courts below: 2. At the time of admission of this second appeal, the following substantial question has been formulated by this Court for decision:'Whether the findings of the Courts below that a copy of the registered power of attorney is not a public document within the meaning of Section 74(1) of the Evidence Act are correct.' 3. The facts of the case so far relevant to decide this second appeal could be summarised as below: The plaintiff-appellant (hereinafter called the plaintiff) filed title suit seeking declaration of t...
Bhanumati Devi (Nath) Vs. State of Tripura
Court: Guwahati
Decided on: Aug-06-2001
B.B. Deb, J.1. Heard Mr. M. Kar Bhowmik, learned sr. counsel assisted by Mr. S. Kar Bhowmik for the petitioner. Also heard Mr. D. Sarkar, learned Public Prosecutor for the State.2. The order dated 19-5-2001 passed by the learned Asstt. Sessions Judge, Court No. 2, West Tripura, Agartala in S.T.166 (W.T/A) 90 has been put under challenge by way of the present criminal revision under Section 397/401 CrPC by the accused petitioner Smt. Bhanumati Devi (Nath).3. The gist of the case which led this criminal revision petition field by the petitioner could be precisely narrated as under:- Two accused persons, namely, Smt. Bhanumati Devi (Nath) and Sri Asim Nath had been sent for trial before the learned Asstt. Sessions Judge in connection with West Agartala PS case No. 276/98 under section 498-A/306 IPC. A plea was raised on behalf of the accused Asim Nath before the learned trial Court that since before his marriage with the deceased Anita Chetri he has been suffering from mental disordernes...
Swapan Kumar Paul Vs. Oil and Natural Gas Corporation Ltd. and ors.
Court: Guwahati
Decided on: Aug-03-2001
1. All the cases pertain to similar question of facts and law relating to levy of and deduction at source of Sales Tax under the related provisions of Tripura Sales Tax Act, 1976 (hereinafter called 'the Act') and Rules thereunder and as such as agreed by the parties, all the cases are taken together for hearing and disposal by a common judgment. 2. In all the cases ofvires of the second proviso to Section 3(1) of the Act and Rule 3(A)(2) of the Tripura Sales Tax Rules, 1976 (hereinafter called 'the Rules') have been put under challenge by all the petitioners. 3. The background of the cases is that the Oil & Natural Gas Corporation Ltd. (in short 'ONGC'), Agartala Project and the Gas Authority of India Ltd. (in short 'GAIL'), Agartala had been in necessity for hiring good numbers of vehicle of different classes and in furtherance of their necessity, the ONGC and the GAIL issued Notices InvitingTender asking the interested parties/transporters to make offer for hire of vehicles fo...
JokIn Kurkalang Kseh Vs. Governing Body, Upper Shillong College
Court: Guwahati
Decided on: Aug-03-2001
P.C. Phukan, J.1. I have heard Mr. S.R. Sen, learned senior counsel assisted by Mrs. P.D.B. Baruah, learned counsel for the petitioner, Mr. S. Sen, learned counsel for the respondent Nos. 1, 2 and 3 and Mr. H.D. Chullai learned Govt. Advocate, Meghalaya for the respondent No, 4.2. This Revision is directed against the judgment and order dated 3.7.2000 passed by the learned Addl. Deputy Commissioner, Shillong allowing Misc. Civil Appeal No. 2(T) 2000. The learned Addl. Deputy Commissioner thereby set aside the order dated 11.5.2000 passed by the learned Assistant to the Deputy Commissioner in Misc. Case No. 43(T)2000 arising out of TS No. 18(T)2000 granting ex parte temporary injunction in favour of the plaintiff/petitioner (the petitioner in the instant revision petition).3. In this revision petition, the petitioner Jokin Kurkalang Kseh states, inter alia, that his clan Kurkalang Kseh is owner of a large tract of land in and around Shillong. The suit land falls within the Mylliem Syie...
Mrs. Poonam Tiwari Vs. Kendriya Vidyalaya Sangathan
Court: Central Administrative Tribunal CAT Guwahati
Decided on: Aug-02-2001
1. This application under Section 19 of the Administrative Tribunals Act, 1985 has arisen and is directed against the order dated 15.12.187 terminating the services of the applicant as Primary Teacher, Kendriya Vidyalaya Sangathan, CRPF, Amerigog. The basic facts relevant for the purpose of adjudication of this case arc briefly summed up as follows: The applicant was initially appointed in the Kendriya Vidyalaya Sangathan (KVS for short) as a Primary Teacher on ad hoc basis in July, 1987 and served as such on ad hoc capacity till 31.7.1984. By order dated 12.7.1984 she was appointed as Primary Teacher in the KVS on an initial pay of Rs. 330/- in the scale of Rs. 330-10-350 EB 380-15-500-EB-15-560 on the basis of a selection for appointment of Primary Teachers. On selection, she was posted as Primary Teacher at KVS, Khanapara. The applicant accordingly joined at KVS, Khanapara from where she was transferred to KVS, Amerigog, Guwahati.2. The applicant got married on 2.8.1985 and she con...
Satya Ranjan Saha Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-02-2001
R.S. Mongia, C.J. (Acting)1. The question that calls for our determination in this case is :Whether the Inspector of Taxes, Mangaldoi had the power under the Assam General Sales Tax Act, 1998, and the Rules made thereunder to impose penalty on the appellant vide orders dated 31.7.1997 and 10.2.1998?2. Before we proceed further, the provisions of the Act and the Rules as these existed at the time when penalty was imposed may be noticed. Penalty was imposed on the appellant by the Inspector of Taxes under Section 44(5)(b) of the Assam General Sales TaxAct, 1993, (hereinafter called, 'the Act'). It will be apposite to reproduce Section 44(1), 44(5)(a); 44(5)(b) and 44(5)(e) of the Act:-'44(1). Subject to such rules as may be made by the State Government under this Act, any authority, appointed under subsection (1) of Section 3, may either before or after assessment, require any dealer to produce before it or him any accounts, registers or documents or to furnish any information relating...
Ranjul Baruah Vs. Numaligarh Refinery Ltd.
Court: Guwahati
Decided on: Aug-01-2001
1. This Court while issuing notice in FAO No.28 of 2001 vide order dated 1.6.2001 directed that till disposal of Misc.(Arb) Case No.213/2001 pending in the Court of District Judge, Kamrup, further proceedings initiated by the sole arbitrator appointed by the respondent shall remain stayed. 2. This miscellaneous petition has been filed for vacating the aforesaid order passed in FAO No.28/2001. 3. I have heard Mr. G.N. Sahewalla, learned sr. counsel for the respondent-applicant and also Mr. P.C. Deka, Learned Senior Counsel for the appellant-opposite party. 4. The applicant M/s Ranjul Baruah, respondent in FAO No.28 of 2001 was awarded with contract works by the opposite party M/s Numaligarh Refinery Ltd. for construction and other works. The applicant raised certain disputes. Reminders were also issued from time to time to settle the same. Having failed to get any positive response, the respondent insisted for appointment of an arbitrator as per terms of Clauses-110 of the agreemen...
Nibedita Kalita Vs. State Bank of India and ors.
Court: Guwahati
Decided on: Aug-01-2001
R.S. Mongia, ACJ. 1. An order dated September 8, 1999 (Annexure-1) to the writ petition was passed by the respondents ordering (recovery of amounts (sic)) drawn by the writ petitioner towards reimbursement of medical expenses and Leave Fare Concession (LFC, for short) on account of her parents. 2. The aforesaid order was followed by similar orders to which reference would be made hereinafter. The orders of refund are made the subject matter of challenge in this writ petition. It may be observed here that along with the orders of refund there was an order of 'censure' passed against the writ petitioner and that is also made the subject matter of challenge in the writ petition. Initially, the learned single Judge granted stay of- recovery from the, petitioner's pay. However, on an application having been made by the respondent-Bank, the stay order was vacated vide order dated June 13, 2001 in Misc. Case No. 670/2001. Writ Appeal No. 235/2001 was filed against the said order, and when...
- ‹ Prev
- 1
- 2
- Next ›