Guwahati Court March 2002 Judgments
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Niren Sainary and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-19-2002
D. Biswas, J.1. In Writ Petition (C) No. 6262 of 2001, the petitioner No. 1 is the Ex-Chairman and the petitioner No. 2 is the Chairman in position of the Sub-Divisional Elementary Education Advisory Board for Bodo Autonomous Council Area in Nalbari District constituted under the provisions of the Bodoland Autonomous Council Act, 1993, hereinafter referred to as the Act of 1993. They have approached this Court challenging the orders dated 17.7.2001 issued by the Deputy Inspector of Schools, Nalbari (Annexure-J) and 21.7.2001 issued by the District Elementary Education Officer. Nalbari (Annexure-K). The impugned orders for better appreciation thereof, are re-produced below :'ORDERNo. Dated Nalbari, the 17th July, 2001.In pursuance of Govt. instruction communicated vide No. A(I)E.508/2001/85, Dtd. 4.7.2001 and DEE's instruction communicated vide Memo No. EGA. 12/ 2001/159, dtd. 16.7.2001, all appointments of Asstt. teacher in L.P. and Junior basic Schools made by Shri Girin Haloi, I/C D...
Ajant Bhuiya Vs. Smt. Lalrinmawii Khiangte
Court: Guwahati
Decided on: Mar-19-2002
Mongia, C.J. 1. By order dated 27-8-2001 the District Judge Cachar, Silchar, on the petition filed by the husband Shri Ajant Bhuiya against his wife Smt. Lalrinmawii Khaingte for grant of decree of divorce, declared the marriage solemnized between the plaintiff (husband) and Respondent (wife) on 21-12-85 as dissolved under Section 14 of the Indian Divorce Act (hereinafter called the Act). This matter has been placed before this Full Bench under Section 17-A of the Act for confirmation of the declaration of the marriage as dissolved as ordered by the trial Court on 27-8-2001. 2. In the petition, which was filed by the husband, which is dated 6-11-2000, it was averred as under in paragraphs 5 and 6 : '5. That since 1994, the petitioner has been staying at Guwahati for medical care with frequent visits to Calcutta for medical check up. The petitioner and the respondent have been staying separately since June, 1997 i.e. for more than three years due to irreconcilable differences betwee...
State Bank of India and ors. Vs. Dr. Prasanna Kumar Agarwal
Court: Guwahati
Decided on: Mar-18-2002
R.S. Mongia, C.J. 1. This is an appeal at the behest of the State Bank of India against the judgment and order of the learned Single Judge dated 1.6.2001 passed in W.P(C) No. 261(SH)/2000 allowing the writ petition of Dr. Prasanna Kumar Agarwal, Medical Officer of the State Bank of India. Brief resume of facts giving rise to the present appeal may be noticed.2. The Respondent Dr. Prasanria Kumar Agarwal (hereinafter referred to as 'Dr. Agarwal') was appointed as Medical Officer of the State Bank of India where he joined on 1-7.7.1983. While Dr. Agarwal was serving as Medical Officer in the Regional Office of the State Bank of India at Shillong on 30.1.1987 a First Information Report was lodged with the Police by the Bank that Dr. Agarwal having entered into a criminal conspiracy with the then Chief General Manager Shri J.P. Jakhodia cheated the Bank to the tune of Rs. 1,89,815.70 in the matter of purchase of medicine. A police case bearing No. RC 2/87 SHG was lodged by the CBI. The C...
Prasanta Barpatra Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-18-2002
R.S. Mongia, C.J.1. Heard Mr. P.J. Saikia, learned counsel for the appellant and Mrs. A. Hazarika, learned Addl. Sr. Govt. Advocate, Assam for the respondents.2. One Shri Padmeswar Das had filed a writ petition, i.e., WP(C) No. 4923 of 2000, in this court with a prayer for issuing directions to the official respondents not to take steps to grant IMFL Off licence in favour of anybody at Chowkidinghee (T.R. Phukan Road), Milan Nagar (Mancotta Road) and Convey Road in Dibrugarh Town. In that case, a representation had been made by the petitioner therein and some other citizens to the Deputy Commissioner, Dibrugarh requesting him not to allow any IMFL shop on the aforesaid roads in Dibrugarh town as there are various schools, colleges, including, Govt. Boys' Higher Secondary School, Don Bosco, temple and namghar situated in and around the aforesaid area.3. Earlier to the filing of that writ petition, in a batch of PILs, i.e., PILs Nos. 10, 28 and 3393 of 1999 and Nos. 9, 10, 11 of 2000, a...
Assistant Commissioner of Income Tax Vs. Technotive Eastern Pvt. Ltd.
Court: Guwahati
Decided on: Mar-15-2002
D. Biswas, J. 1. Heard Mr. U. Bhuyaa, learned counsel for the appellant and also Dr. A.K. Saraf, learned senior counsel for the respondent. 2. This appeal has been preferred for decision on the following questions of law :- 1. Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that no separate accounts are required to be maintained for claiming deduction under Section 80HH and 80-I of the Income Tax Act, 1961 ? 2. Whether on the facts and in the circumstances of the case, the findings of the learned Tribunal was not perverse in holding that deduction under Section 80HH And 80-I of the Income Tax Act, 1961 are allowable from profit relating to computer documentation service with such profit itself is estimated one and when separate books of account were not maintained nor any evidence in support of the claim was produced 3. During the course of argument it transpired that the aforesaid two questions came up for consideration of this C...
Thangjam Surup Singh and ors. Vs. Thangjam Karunamaya Singh and ors.
Court: Guwahati
Decided on: Mar-15-2002
B.B. Deb, J. 1. I have heard Mr. A. Nilamani Singh, learned senior counsel being assisted by Mr. A. Bimol, learned Counsel for the petitioners and Mr. R. K. Sanajaoba, learned senior counsel being assisted by Ms. Ch. Sundari, learned counsel for the respondents. 2. This composite petition under Section 115 of the C.P.C. and also under Article 227 of the Constitution of India has been filed by the defendant-petitioners assailing the order dated 16.5.2001 passed by the learned Civil Judge (Senior Division) No. 1, Manipur East in Judl. Misc. Case Nos. 16/2001 and 17/2001, arising out of Original Suit No. 1/2000. 3. A Title Suit bearing No. O.S. 1/2000 has been filed by Smti. Thangjam Ongbi Ibeyaima Devi seeking declaration of title, partition of her share and cancellation of gift deed. The plaintiff arrayed as many as 9 (nine) defendants, of whom defendant Nos. 7, 8 and 9 are her own sons. During the pendency of the suit, the principal Defendant Nos. 1, 2 and 3 filed a petition seekin...
Abul Hasem Vs. State of Assam
Court: Guwahati
Decided on: Mar-15-2002
P.G. Agarwal, J. 1. In Session Case No. 38(B)/1995 of the Court Sessions Judge, Barpeta, accused Abul Hasem and Mokshed AH were charged for commission of offence Under Section 302/201/34, IPC. On conclusion of trial in which as many as nine witnesses were examined, the trial court acquitted accused Mokshed Ali and convicted accused appellant Abul Hasem for the offence Under Section 302/201, IPC and sentenced him accordingly. 2. The prosecution case in brief is that Musstt. Majirun Nessa, daughter of the informant was given in marriage to accused appellant Abul Hasem @ Hasem Ali. However, the family members of Hasem Ali did not accept the marriage and as such the couple was not allowed to reside in their house whereupon Hasem Ali brought her to his rented house at Barpeta. The wife Majirun Nessa became untraceable whereupon after futile search, the father lodged the FIR suspecting foul play. During the course of investigation, the dead body was recovered and thereafter the charge shee...
Gautam Construction Company Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Mar-14-2002
Ranjan Gogoi, J. 1. A preliminary work order dated 29.11.2001 issued in favour of the respondent No. 4 pursuant to a Notice Inviting Tender (NIT) is the subject-matter of the challenge in the Instant writ petition. 2. The brief facts necessary for adjudication of the controversy that has arisen in the instant case may be conveniently set out hereunder : A NIT dated 7.9.2001 was issued by the Respondent No. 2 -the Chief Engineer National Highway and Research) Public Works Department (Roads), Meghalaya, Shillong, inviting tenders for the work relating to improvement of riding quality for Km 60.00 to 68.00 (length 8.00 Km.) of NH-40 under NH Division, Shillong, Meghalaya. The petitioner along with others participated in the tender process and by communication dated 31.10.2001 the petitioner was informed that the technical bid submitted by him has been accepted and the financial bid will be opened on 2.11.2001 at 2 PM in the office of the Respondent No. 2. The NIT dated 7.9.2001 conte...
Union of India (Uoi) Vs. Lalthangliant @ Thangtei
Court: Guwahati
Decided on: Mar-13-2002
J. N. Sarma, J. 1. This appeal has been filed against the Judgment dated 20.1.1996 passed by the learned Special Judge at Cachar, Silchar in Special Case No. 16/93. By the aforesaid judgment, the learned Judge acquitted the respondent herein of the charge under Section 21, read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, hereinafter called as 'NDPS Act, 1985').2. The prosecution story in brief is that PW 6 Nikhil Ranjan Choudhury, Inspector of Customs and Central Excise Silchar along with staff PW 1 Chayarani Dev Baidya, Lady Constable and PW 2 Ranjit Kumar Das, Inspector of Customs and Central Excise (Preventive) at Dholai Seized 310 gms of heroin from the possession of accused Mrs. Lalthangliani and Thangtei on 12.8.1993 at about 3 pm at Dholai when the said accused was travelling in Aizwal. Guwahati bound bus No. TRY 184 in Seat No. 30 and arrested the accused and also recorded her statements Exts. 3 and 4 and thereafter getting the said...
Surma Valley Saw Mills (Pvt.) Ltd. Vs. Arati Das and ors.
Court: Guwahati
Decided on: Mar-13-2002
A.H. Saikia, J. 1. Heard Mr. B. K. Goswami, learned Sr. Counsel assisted by Ms. T Islam, learned counsel for the appellant. Also heard Mr. C K Sarma Barua leard Sr. Counsel assisted by Mr. J K Paranjuli, the learned counsel appearing for the opposite parties.2. This Second Appeal has been carried from the Judgment and decree dated 9.8.1996 passed by the learned District Judge Karimganj in Title Appeal No. 13 of 1993 by which the appeal preferred by the present appellant against the Judgment and decree dated 16.1.1993 passed by learned Munsiff No. 1 Karimganj in Title Suit No. 292/89 was dismissed affirming the same.3. Following are the substantial question of law framed at the time of admission of this appeal.(i) Whether the approach of the learned Courts below to find out the title of the defendant instead of finding of the title of the plaintiff is justified in law.(ii) Whether the learned courts below correctly interpreted Exhibits -1 and 2 which are documents of title and also the...
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