Guwahati Court April 2002 Judgments

H. Hrangtiama Vs. State of Mizoram and ors.

Court: Guwahati

P.C. Phukan, J. 1. Heard Mr. H. Lalrinthanga, learned counsel for the petitioner and Mr. N. Sailo, learned Government Advocate, Mizoram appearing for the State respondents. 2. In spite of due service of notices upon the private respondents, they have not appeared. 3. The petitioner was appointed as LDC on ad hoc basis by order dated 28.6.1973 and thereafter another appointment order dated 21.8.1973 was issued. The petitioner's service was regularised with retrospective effect from 9.7.1973 by order dated 27.9.1973. The petitioner was then appointed as Officiating U.D.C. against a deputation vacancy by an order dated 4.10.1979. Thereafter the petitioner on the recommendation of DPC was promoted to the post of UDC (Census) by an order dated 7.2.1980. Then by an order dated 30.6.1981, the petitioner was reverted to the post of L.D.C. presumably because he did not appear in the DPC. The petitioner submitted a representation dated 27.7.1981 stating that he need not appear in the DPC for th...

Executive Engineer, Ifc Deptt. and ors. Vs. Th. Haridas Singh

Court: Guwahati

P.P. Naolekar, C.J. 1. Heard Mr. M. Gunedhar Singh, learned counsel for the appellants and Mr. R.K.T. Singh, learned counsel for the respondent.2. An agreement was entered into between the State of Manipur and the respondent Th Haridas Singh for construction of Earthen Dam and Diversion Work at Phayeng in the State of Manipur. After the construction work was started by the respondent, certain dispute arose between the parties and an application has been moved by the respondent Under Section 20 of the Arbitration Act, 1940 praying that direction may be issued for filing of the arbitration agreement and referring the dispute to arbitration. The court has allowed the application of the respondent and the following direction have been issued:-'For the foregoing reasons I am satisfied with the application for the plaintiff above. It is ordered that the agreement No. EDD/Th.MC/188/1 of IFCD, Manipur be filed in the Court and be referred to the arbitrator.' Aggrieved by the said order, the p...

Debita Deoho Vs. State of Arunachal Pradesh

Court: Guwahati

Ranjan Gogoi, J. 1. This appeal under Regulation 26 of the Assam Frontier (Administration Justices) Regulation, 1945 is directed against the judgment and order dated 29.1.1993 passed by the learned Deputy Commissioner, Lohit District, Tezu, in Sessions Case No. 4 of 1987. By the aforementioned judgment and order dated 29.1.1993 the accused appellant has been convicted under Section 304 of the IPC and sentenced to undergo rigorous imprisonment for five years. 2. The case of the prosecution in short is that on 1.11.1986 a written complaint was received from Nk Debander Sah (PW13) to the effect that the accused, on 1.11.1986 at about 22.17 hours, had fired one round from his service rifle while he was on guard duty at AIR Station, Tezu and inflicted injuries on one Constable Sarbajit Singh. On receipt of the aforesaid complaint, police registered a case under Section 307 IPC and investigated the same and arrested the accused. The injured Sarbajit Singh was hospitalised at District Hosp...

Md. Abdul Khalique Laskar Vs. All Assam Public Health Employees Associ ...

Court: Guwahati

R.S. Mongia, C.J. 1. Heard Mr. H.R.A. Choudhury, learned counsel for the appellant. 2. The All Assam Public Health Employees Association, Cachar Branch, Silchar, had instituted a Writ Petition (C) No. 5179/2000 challenging the order of correction of date of birth of the present appellant (who was respondent No. 6 in the writ petition). The appellantwas also an employee under the Health and Family Welfare Department, Govt. of Assam. While the appellant entered into service, his date of birth in the Service Book was recorded as 19.8.1942 and accordingly, his date of superannuation was fixed as 31.8.2000. An application for correction of the date of birth is said to have been submitted by the appellant on 1.4.1999 to change the date of birth from 19.8.1942 to 19.8.1944. By an order dated 12.10.1999. passed by the Joint Director of Health Services, Cachar, Silchar, the said application was allowed and the date of birth was changed to 19.8.1944, resulting in the change in the date of su...

All Assam Tea Plantation Security Force Vs. the State of Assam and ors ...

Court: Guwahati

Ranjan Gogoi, J. 1. A representative action on behalf of the members of the Tea Plantation Security Force, seeking regularisation of services of such members is the eventual complexion of the present writ petition.2. The facts are short and brief and may be capsuled as hereunder.According to the writ petitioners, a large number of Tea Estates in the State of Assam, had sometime in the past, faced threats of extremist violence and extortion. Consequently, on the demands raised by the representative of the owners of the Tea Estates, it was decided by the State administration to raise a security force to deal with the situation in hand which had already assumed alarming proportions. According to the writ petitioners, news paper advertisements calling for recruitment to the Assam Tea Plantation Security Force (hereinafter referred to as the Force) was issued pursuant to which thousands of youths of the State applied. A selection process was held in different centres of the State and nearl...

Mylai Hlychho and ors. Vs. State of Mizoram and ors.

Court: Guwahati

1. In this writ petition under Article 226 of the Constitution of India, the petitioners challenged the impugned Notification dated 5th December, 2001 issued by the Government of Mizoram, terminating the membership of the petitioners who were the nominated members of 'Mara Autonomous District Council' (shortly 'the ADC'). The said notification reads as under :Dated Aizawl, the 5th December, 2001No. DCA/E-108/88 : In exercise of the power conferred under sub-paragraph (6A) of paragraph 2 of the Sixth Schedule to the Constitution of India read with Sub-rule (2) of Rule 8 of the Mizoram Autonomous District Council (Constitution and Conduct of Business) Rules, 1974, as amended from time to time, the Governor of Mizoram is pleased to terminate the appointment of the following nominated members, viz., Pute C. Lawbei, S. Lalremthanga, Mylai Hlychho and Pi Lalbiaktiuangi Sailo from the membership of Mara Autonomous District Council with immediate effect.By Order and in the Name of the Governo...

Jyotishmoy Bora Vs. Governing Body (Special) Pragjyotish College and o ...

Court: Guwahati

D. Biswas, J.1. The question to be answered in this writ petition is whether a writ would lie against a private college for irregularities in the appointmentof teachers against non-sanctioned post.2. I have heard Mrs. N. Saikia, Learned Counsel for the petitioner as well as Mr. B.K. Sarma, Learned Senior Counsel for Respondents No. 1 and 2, Mr. D.K. Gogoi, Learned Counsel for Respondent No. 3 and Mr, A.M. Buzarbaruah, Learned Govt. Advocate, Assam.3. In pursuance of an advertisement published by the Respondent College, the petitioner and the Respondent No. 3 along with others applied for the non-sanctioned post of Lecturer in Geography with specialisation in Cartography in Master Degree level. Both the writ petitioner and the respondent No. 3 have had the requisite qualifications. The Selection Committee interviewed the candidates on 28.2.2002 and, thereafter, prepared a list on merit placing the writ petitioner as the first nominee Despite that, to the deprivation of the writ petitio...

Deputy Commissioner of Income-tax (Assessment) Vs. Ashok Paper Mills L ...

Court: Guwahati

D. Biswas, J. 1. The above two writ appeals and the connected income-tax appeals preferred by the Revenue are being disposed of by this common judgment. 2. In C. R. Nos. 2072 of 1993 and 2089 of 1993 (Sati Oil Udyog Ltd. v. CIT ), the petitioners challenged the constitutional vires of Section 143(1A) of the Income-tax Act, 1961. The learned single judge by a common judgment dated June 12, 1998, disposed of the civil rules holding, inter alia, that the provisions in Sub-section (1A)(a) of Section 143 of the Income-tax Act, 1961, substituted by the Finance Act, 1993, are constitutionally valid, but the retrospective operation given to the provisions therein that additional income-tax is to be imposed where the loss declared by an assessee is reduced as a result of adjustment is ultra vires the Constitution. The learned single judge holding thus, quashed the orders/intimations issued by the Revenue imposing additional income-tax under the aforesaid sub-section. 3. We have heard Mr. K...

income Tax Officer Vs. Pradip Kumar Rathi

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (2003)85ITD309(Gau.)

1. These two appeals, one filed by the ITO, Ward 1(1), Guwahati and the other filed by the Addl. CIT, Range-1, Guwahati, are against the same order dt. 9th Nov., 1995, passed by the CIT(A) in the matter of order of penalty made under Section 271E of the IT Act for the asst. yr.1992-93. Since these two appeals involve similar issue, they are being disposed of by this common order.2. The Dy. CIT, Range-1, Guwahati, imposed a penalty of Rs. 45,782 under Section 271E of the Act for contravention of Section 269T of the Act as the assessee was found by the AO to have repaid the alleged two deposits in cash by contravening the provisions of Section 269T of the Act. The Dy. CIT made a discussion in his order that the assessee has repaid two deposits to Smt. Sarita Rathi and Shri Dushyant Rathi amounting to Rs. 22,632 and Rs. 23,150 respectively. It was contended by the assessee before the Dy. CIT that at no stage of time the payments of deposits were made in excess of Rs. 20,000 as detailed b...

Ambika Charan Choudhury and ors. Vs. Divisional Manager National Insur ...

Court: Guwahati

Amitava Roy, J. 1. This is an appeal filed by the claimants in a motor accident claim case for enhancement of the amount of compensation awarded by the Motor Accident Claims Tribunal. In the case in hand the impugned judgment and order dated 16.3.2000 has been passed by the Member, MACT, Bongaigaon in M.A.C. Case No. 62 of 1996. It is this judgment and order which is in challenge in the present appeal.2. We have heard Mr. G. Soren, learned counsel for the appellant, Mr. S.S. Sarma, learned counsel for the respondent No. 1 and Mr. B. Buragohain, learned counsel for the respondent No. 2. None has appeared for the respondent No. 3.3. The present appellants as the heirs and legal representatives of the deceased Khanindra Narayan Chowdhury filed a claim application before the Motor Accident Claims Tribunal, Bongaigaon praying for compensation of an amount of Rs. 14,00,000 for the death of said Khanindra Narayan Choudhury in a motor accident on 2.4.1996 on the 31 National Highway at Kukurm...