Guwahati Court March 2002 Judgments
Spm Engineers Ltd. Vs. Guwahati Municipal Corporation
Court: Guwahati
Decided on: Mar-26-2002
R.S. Mongia, J.1. Heard Mr. P.C. Markanda, learned counsel for the applicants and Mr. H, Sarma, learned counsel appearing for the respondent.2. This order of mine will dispose of Arbitration Petitions Nos. 17/2001; 18/2001 and 19/2001. In Arbitration Petition No. 17/ 2001, SMP Engineering Ltd. is the applicant, whereas International Construction Ltd. is the applicant in Arbitration Petition No. 18/ 2001 and Zoom International services Ltd. is the petitioner in Arbitration Petition No. 19/2001. In all these cases, Guwahati Municipal Corporation (in short, the GMC) is the respondent.3. In all these cases, agreements were entered into between the parties for carrying out the works regarding the water supply scheme. Both the contracts in Arbitration Petition No. 17/2001 and Arbitration Petition No. 19/2001 contained the following clauses, which are numbered as Clause 26 and Clause 30 respectively. The same are reproduced as under :--'Decision of the Commissioner to be final Clause 26. Ex...
Tag this Judgment!Arunodoi Construction Co. (P) Ltd. Vs. State of Assam
Court: Guwahati
Decided on: Mar-26-2002
P.G. Agarwal, J. 1. In this batch of 486 writ petitions, the petitioners have challenged the validity of Section 27 of the Assam General Sales Tax Act, 1993, (hereinafter, referred to as 'the Act').2. We have heard Mr. G.K. Joshi, learned Senior Advocate, Mr. D.P. Chaliha, Senior Advocate, Mr. G.N. Sahewalla, Senior Advocate, Dr. B.P. Todi, Senior Advocate, Dr. Ashok Saraf, Senior Advocate, Mr. K.N. Choudhury, Senior Advocate for the petitioners. We have heard Mr. A.K. Phukan, learned Advocate-General, Assam, and Mr. B.J. Talukdar, learned Government Advocate, Assam, on behalf of the respondent-State of Assam.3. Section 27 of the Act reads as follows : '27. (1) Notwithstanding anything contained in any other provisions of this Act-- (a) every person excluding an individual, a Hindu undivided family, a firm or a company not under the control of the Government responsible for making any payment or discharging any liability on account of any amount payable for the transfer of property in...
Tag this Judgment!Oil India Ltd. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-26-2002
D. Biswas, J. 1. This petition under Article 226/227 of the Constitution of India has been initiated by the Oil India Limited for issue of a writ quashing the impugned notification dated 25.1.2000 published in the Gazette of India Extraordinary dated 25.1.2000 (Annexure - D) . The impugned notification reads as follows :-NOTIFICATION New Delhi, the 25th January, 2000S.O.70(E) - In exercise of the powers conferred by Subsection (1) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, the Central Government after consultation with the Central Advisory Contract Labour Board, hereby prohibits the employment of contract labour in the jobs, operations or processes specified in the Schedule annexed hereto, in the establishment of the Oil India Limited (Pipeline Division), with effect from the date of publication of this notification in the Official Gazette. .SCHEDULE1. Office clerk/typist2. Driver3. Mason4. Security Guard5. Carpenter6. Painter.7. Electrician8. Welder9...
Tag this Judgment!Allied Traders and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-26-2002
P.G. Agarwal, J. 1. In this batch of 486 writ petitions, the petitioners have challenged the validity of Section 27 of the Assam General Sales Tax Act, 1993, hereinafter, referred as the Act. 2. We have heard Mr. G.K. Joshi, learned Senior Advocate, Mr. D.P. Chliha, Senior Advocate, Mr. G.N. Sahewalla, Senior Advocate, Dr. B.P, Todi, Senior Advocate, Dr. Ashok Saraf, Senior Advocate, Mr. K.N. Choudhury, Senior Advocate for the petitioners. We have heard Mr. A.K. Phukan, learned Advocate General, Assam and Mr. B.J. Talukdar, learned Government Advocate, Assam on behalf of therespondent State of Assam. 3. Section 27 of the Act reads as follows : '27. (1) Notwithstanding anything contained in any other provisions of this Act - (a) every person (excluding an individual, Hindu undivided family, a firm or a company not under the control of the Government) responsible for making any payment or discharging any liability on account of any amount payable for the transfer of property in goods (w...
Tag this Judgment!Maheswar Sarma Vs. Arunachal Pradesh Public Service Commission and ors ...
Court: Guwahati
Decided on: Mar-22-2002
B.B. Deb, J. 1. In this petition, the petitioner challenged the legality of the circular issued by the Arunachal Pradesh Public Service Commission (for short (APPSC) bearing NO. PSC-R/14/2000, dated 2.7.2001 for making selection for the posts of Accounts Officer/Treasury Officer. The petitioner has been holding the post of Senior Research Assistant (SRA) being regularised with effect from 5.6.1997 having identical pay scale of Superintendent under the Secretariat Administration, Government of Arunachal Pradesh. In the advertisement, the applications are invited from the in-service candidates holding the post of the Inspecting Auditor, Superintendent of Accounts, Sub-Treasury Officer, Administrative Officer and Superintendent of Secretariat/Heads of Departments having two years service in the respective grades, but the post of Senior Research Assistant has not been included therein, as a result, the petitioner was precluded from making any application for the posts of Accounts Office...
Tag this Judgment!Deputy Commissioner-cum-sessions Judge Vs. Nyongwa Ngemu
Court: Guwahati
Decided on: Mar-22-2002
B.B. Deb, J. 1. This criminal reference has been made under Section 30(1) of the Assam Frontier (Administration of Justice) Regulation, 1945 (for short 'the Regulation, 1945') for confirmation of sentence of 10 years rigorous imprisonment upon the convict-respondent, Nyongwa Ngemu, by the learned Deputy Commissioner-cum-Sessions Judge, Changland District vide judgment/order dated 10.2.2000 in Sessions case No. 3 of 86. 2. To be precise, the prosecution case can be summarised as below:- On 6.4.1998, accused Nyongwa Ngemu stabbed his brother KhulemNgemu, by a knife and the victim was admitted to Changlang hospital where he succumbed to the injuries on 8.4.1998. Before the incident of stabbing, there was a quarrel between the accused and his sister Smt. Chamin Dorjee at Changlang Bazar line. Smt. Chamin Dorjee called her younger brother Khulem Ngemu to mediate the matter. While the deceased tried to persuade the accused not to quarrel with his sister, the accused stabbed him in the a...
Tag this Judgment!Hanuman Pd. Sharma Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-22-2002
I.A. Ansari, J.1. This appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987, praying, for setting aside the order, dated 19.8.1998 passed by the learned Railway Claims Tribunal, Guwahati, in Application No. Misc. 4/97.2. The facts giving rise to this appeal according to the appellant may in brief be stated as follows(i) A consignment of 150 bags and 260 packets of rice was booked under Invoice No. 38/061-1267 dated 7.5.1993 from Gorakhpur Railway Station to Silchar for being delivered to the appellant which is a partnership firm at Kalibari Road, Silchar. The consignment got diverted and reached its destination after inordinate delay. The rice having been damaged on transit the appellant served the respondent with a notice dated 11.7.1993 under Section 106B of the Railway Act demanding Rs. 11,151,00 as compensation for damage caused to 1593 Kgs of rice @ Rs. 7.00 per Kg. The appellant kept pursuing the matter by sending reminders the last one having been...
Tag this Judgment!Sing Killing Vs. Income-tax Officer and ors.
Court: Guwahati
Decided on: Mar-21-2002
Ranjan Gogoi, J. 1. A short but substantial question of law has been raised by the writ petitioner in the present proceeding. The facts necessary to unravel the dispute giving rise to the question that has arisen in the present proceeding may be capsuled as hereunder : The petitioner was granted a lease of a forest area within the territory of Karbi Anglong Autonomous District Council some time in the year 1994. There was a demand from the authority for payment of a sum of Rs. 1,82,070 on account of royalty as well as payment of income-tax to the extent of Rs. 17,205 in order to enable the writ petitioner to execute the lease. The petitioner who is admittedly a member of the Scheduled Tribe of the State of Nagaland applied to the jurisdictional Income-tax Officer for grant of an exemption certificate in view of the provisions of Section 10(26) of the Income-tax Act, 1961. The authority did grant a certificate to the petitioner certifying that the petitioner is not liable to pay inco...
Tag this Judgment!Mary Rasul Vs. Isahak Ali
Court: Guwahati
Decided on: Mar-21-2002
Ranjan Gogoi, J. 1. By means of the present election petition, the petitioner has called into question the election of the respondent No. 1 to the Assam Legislative Assembly from the No. 44, Jania Legislative Assembly Constituency held on 10.5.2001. 2. The case of the election petitioner as pleaded in the petition, in short, is that by notification dated 31.3.2001, election to the Legislative Assembly of the State of Assam including No. 44 Jania Legislative Assembly Constituency was called with the following Schedule : 1. Last date of filing nomination - 23.4.2001 2. Date of Scrutiny - 24.4.2001 3. Date of withdrawal of candidature - 26.4.2001 4. Date of Poll - 10.5.2001 5. Da te of counting - 13.5.2001 3. According to the petitioner she was set up as a candidate from the No. 44 Jania L.A.C. by the Assam Gana Parasid (hereinafter referred to as AGP), a registered and recognised Political Party of Assam. To the said effect a letter dated 16.4.2001 was issued in favour of the p...
Tag this Judgment!Collector Vs. Abdul MatIn Ahmed
Court: Guwahati
Decided on: Mar-20-2002
I.A. Ansari, J. 1. This appeal has been preferred under Section 54 of the Land Acquisition Act against the judgment and award, dated 10.2.1997, passed by learned Addl. District Judge, Dhubri, in Misc. (L/A) Case No. 108/92, which arose out of L/A Case. No. 16/87-88. 2. The material facts leading to this appeal may, in a nutshell, be stated thus : In L/A Case No. 16/87-88 aforementioned, the appellant, namely, Collector, Dhubri, acquired 1(one) bigha of land belonging to the respondent of this appeal, namely, Abdul Matin Ahmed for the purpose of protecting Brahmaputra Dyke. For the land so acquired, appellant fixed an amount of Rs. 23,453.79p as compensation, the market value of the land having been assessed by the appellant at Rs. 3,804.00 per bigha. Feeling aggrieved by the compensation amount so fixed, respondent sought enhancement of the said amount by demanding that he be paid a sum of Rs. 2,10,847.00 as compensation. As the appellant did not acceded tot he request so made by t...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »