Guwahati Court March 2002 Judgments

Raju Kumar Dey Vs. Parul Sarkar and anr.

Court: Guwahati

A.H. Saikia, J.1. Heard. Mr. H.R.A. Choudhury, learned counsel for the petitioner. None appears for the respondents despite notice.2. This criminal revision has been carried from the order dated 7.11.1994 passed by the learned Asstt. District Judge, Karimganj in Sessions Case No. 31/94 by which the petition filed by the prosecution under Section 311 Cr.PC praying to allow it to examine three persons as witnesses, so named by one Nirmal Chakraborty, while depositing as PW 9, was rejected.3. Mr. Choudhury, learned counsel appearing for the petitioner has contended that by rejecting the prayer for examination of the persons namely, Sadhan Dutta, Subhash Sen and Sukumar Ghosh being the materials witnesses in the case, the court committed an error of law inasmuch as the refusal has greatly prejudiced the interest of the petitioner. His contention is that the examination of those witnesses was essential to arrive at the just decision of the case in hand but the Learned Judge misinterpreted ...

Dr. Subhrajyoti Das Vs. Smt. Uttama Das

Court: Guwahati

R.S. Mongia, C.J.1. This Judgment and order of ours will dispose of LPA No. 3/2001 as well as Misc. Case Nos.62 and 63 of 2002 filed in the aforesaid LPA.2. The husband Dr. Subhrajyoti Das had filed a petition for divorce under the Hindu Marriage Act against his wife Smt. Uttama Das on the ground of desertion. The Respondent (wife) did not contest the suit. Inspite of that the trial Court, dismissed the petition on 16-9-1997 holding that there was no desertion in the eye of law. Against the judgment of the trial Court, the husband filed F.A. No. 151/97 in this Court, which was also dismissed on 3-1-2001. It may be observed here that an affidavit was also filed by the wife before the learned single Judge alleging certain things against the husband and further submitting that there was no chance of re-union any more which was a found hope when she did not contest the suit. The present L.P.A. has been filed by the husband. The parties are present before us. They have stated that because ...

Banendra Kumar Mushahary Vs. Md. Mohibul Haque

Court: Guwahati

D. Biswas, J.1. The opposite party herein, filed Election Petition No. 2/2001 challenging the election of the Respondent Shri Banendra Kumar Mushahary to the Assam Legislative Assembly from Gouripur Constituency in the last election held on 10-5-2001. The Respondent Shri Mushahary in this application challenged the maintainability of the election petition on the ground that the election petitioner is not an elector or a candidate in the election and the election petition was not presented in person by the election petitioner on 20-6-2001 in accordance with the provisions of law.2. The election petitioner in his reply specifically averred that he is the person whose name appears against Serial No. 1445 in the electoral roll of the Polling Station No. 86 (KA) at Dihidarpar M. V. School and that he had contested the election in the year 2001. It is further submitted that the election petition was presented in person by him on 20-6-2001 before the Stamp Reporter, an officer duly empowere...

Bongaigaon Refinery and Petro Chemicals Ltd. Vs. Commissioner of Incom ...

Court: Guwahati

A.K. Patnaik, J. 1. Heard Dr. A. K. Saraf, learned counsel for the petitioner, and Mr. U. Bhuyan, standing counsel for the Income-tax Department.For the assessment year 1994-95, assessment was made against the petitioner-company. As per the said assessment Rs. 8,95,70,016 was demanded from the petitioner-company. A sum of Rs. 40,49,749 was, however, adjusted against the said demand out of the refund due to the petitioner for the assessment year 1996-97. The petitioner preferred an appeal before the Commissioner of Income-tax (Appeals), Guwahati. The said appeal has been rejected but the order passed by the appellate authority was communicated to the petitioner only on February 12, 2002. Consequent upon rejection of the appeal, the demand of Rs. 8,55,20,267 has been raised against the petitioner by the Assistant Commissioner of Income-tax, Dhubri Circle, by his notice dated February 8, 2002.For the assessment year 1996-97, the petitioner was assessed to a demand of Rs. 2,16,69,927. Th...

New India Assurance Co. Ltd. Vs. Md. Rahij Ali and anr.

Court: Guwahati

P.P. Naolekar, C.J.1. The claimant respondent No. 1 Md. Rahij AH was an employee as a labourer in the vehicle of respondent No. 2. At about 8 AM on 24.5.1999 the truck met with an accident and as a result thereof the workman suffered injuries. The workman Md. Rahij Ali filed an application before the Commissioner for Workmen's Compensation, Nagaon claiming compensation for permanent loss of earning capacity. The Commissioner after recording evidence came to the conclusion that at the time of accident the claimant's age was 35 years and he was drawing salary of Rs. 3000 per month. So far the loss of earning capacity the Commissioner reached the conclusion that his earning capacity has been reduced to more than 70% and accordingly the compensation was calculated applying the amended provision of Section 4 as amended by Act 46 of 2000 which came into force with effect from 8.12.2000. The calculation was made by the Commissioner as under : 70% x Rs. 1800 x 190.06 = Rs. 2,48,295.60This amo...

Assam State Electricity Board and ors. Vs. Shanti Conductors Pvt. Ltd. ...

Court: Guwahati

R. S. Mongia, C.J.Few facts which necessitated constitution of this Full Bench may be noticed.1. Respondent Shanti Conductors (P.) Ltd. (plaintiff) had filed a suit against the Assam State Electricity Board, (hereinafter called 'the Board') on 10.01.1997 in the Court of Civil Judge Senior Division No.l, Guwahati, for recovery of interest on delayed payment under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (hereinafter called the Act'). The suit was decreed on 02.02.2000 by the trial court It is not necessary here to notice as to what was the amount of the decree or how calculations of interest on delayed payments were made by the trial court. The plaintiff had entered into a contract with the Board for supply of Aluminum Electrical Conductor to the Board. The contract had been entered into between the parties prior to 23.09.1992 which is the date of enforcement of the Act. Some payments towards the supply were made by the Board to t...

Manager (in-charge), Kuhum Tea Estate Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. The subject matter of challenge, is the award dated 28.7.2006, passed by the learned Labour Court, Dibrugarh, in Reference Case No. 6/2004, directing reinstatement of the respondent-workman with 50% back wages from the date of his suspension.2. I have heard Mr. A. Thakur, learned Counsel for the petitioner.3. The petitioner's account of the facts leading to the reference, is indispensably essential. The petitioner is the Manager (In-charge) of the Kuhum Tea Estate, owned by M/s. Barooah & Associates Pvt. Limited, having its registered office at Jorhat. The respondent-workman, who was engaged as Men Mohorar in the tea estate, was suspended on 13.1.2000 on the charge of gross-misconduct and thereafter, charge sheeted on 17.3.2001 and 15.10.2001, on the imputation of habitual absenteeism and for not occupying the tea garden quarter inspite of repeated directions. He was also arraigned for making false and baseless allegation of assault against the Manager of the tea est...

NabIn Chandra Boro Vs. State of Assam

Court: Guwahati

J.N. Sarma, J. 1. This appeal has been filed against the Judgment dated 26.6.2000 passed by the learned Sessions Judge, Darrang at Mangaldoi in Sessions Case No. 103 (D-M) of 1997. By the impugned Judgment the learned Sessions Judge convicted the accused/appellant to undergo imprisonment for life and to pay a fine of Rs. 500 in default, further rigorous imprisonment for one month. 2. The brief facts are as follows :- On 7.9.1996, the wife of one late Tania Boro lodged an ejahar before the Kharupetia Police Station to the effect that at about 10'O' clock (night) on 6.9.1996 two accused persons, namely, Kanta Boro and Nabin Boro assaulted her husband Tania Boro on the road and he was hacked to death by means of a dao and sickle. On this allegation police registered a case under Section 302 of the Indian Penal Code against the person, namely Nabin Chandra Boro and investigated the same and on completion of the investigation charge-sheeted the case against the accused Nabin Chandra Boro o...

Sh. Fanai Pahnuna Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2003)(1)SLJ76CAT

1. The legality and validity as to the initiation and continuance of the proposed enquiry against the applicant under the All India Service (Discipline and Appeal) Rules, 1969 is the core issue raised in this application in the following circumstances: The applicant was recruited to the India Administrative Service (IAS for short) of the Joint Arunachal Pradesh, Goa, Mizoram and Union Territories (AGMU for short) Cadre under Section 7 of the IAS (Recruitment) Rules, 1954 by competitive Examination in the year 1965.In the year 1990 the applicant was appointed as Chief Secretary to the Government of Mizoram, which post he held till 1993. The applicant was thereafter appointed as Managing Director, DSFDC Ltd., cum Principal Secretary (SC & ST), Government of NCT of Delhi in the year 1994 and he continued to hold the said post till 1998. The applicant was subsequently appointed as full time Member of the Public Grievances Commission, Government of NCT of Delhi and the applicant retire...

Jombo Ratan Vs. Kameng Ratan

Court: Guwahati

N.S. Singh, J. 1. The Judgment dated 4.7.2001 passed by the learned Judicial Magistrate 1st Class, Roing, Dibang Valley District, Arunachal Pradesh in Case No. Maint-1/2001 is the subject-matter under challenge in this Criminal Revision Petition, 2. The facts of the case in a short compass are as follows :- The present petitioner is the husband of the respondent No. 1 and father of respondent Nos. 2, 3, 4 & 5 and at present, the petitioner is serving as District Horticulture Officer (DHO), Yupia, Papum Pare District, Arunachal Pradesh and residing at D Sector, Naharlagun, Papum Pare District, Arunachal Pradesh. As the petitioner failed to afford maintenance allowances to his wife and children mentioned above, the respondent No. 1-wife claimed maintenance allowances of Rs. 1,500 each, a total amount of Rs. 7,500 per month from the petitioner-husband for maintaining herself and other 4 (four) children and, the learned Court below by his judgment dated 4.7.2001 directed the petit...