Guwahati Court June 2002 Judgments

Sabita Rani Roy and ors. Vs. Bani Choudhury and anr.

Court: Guwahati

B.B. Deb, J.1. This appeal under Section 30 of the Workmen's Compensation Act, has been filed by the dependent legal representatives of the deceased workman, seeking enhancement of the quantum of compensation awarded by the learned Commissioner of Workmen's Compensation, West Tripura, Agartala dated 23.8.1993 passed in T.S. 20 (W.C.)/92.2. One Swapan Roy, the predecessor in interest of the claimant-appellants having been engaged as an assistant by the owner respondent in vehicle bearing No. CTRL-3795) travelled with the said vehicle on 11th December, 1990. The said vehicle met an accident at village Ghoshpukur under P.S. Phansidewa, District Darjeling, West Bengal and as a result said Swapan Roy while was in employment in the said vehicle succumbed to the injuries he sustained out of the said accident.3. The learned Commissioner, Workmen's Compensation after proper enquiry/trial awarded an amount of Rs. 78,824 being compensation with 12 per cent interest per annum from the date of ap...

Dimapur and Kohima Livestock Sellers Association Vs. State of Nagaland ...

Court: Guwahati

S.K. Kar, J.1. Heard Mr. K. Meruno, learned counsel for the petitioner and Mr. Chuba, Learned counsel for the respondents.2. One Association, calling itself, Dimapur and Kohima Livestock Sellers Association, represented by its President, Shri Temsu Ao. has preferred this petition.2A. The petitioner has challenged the validity of a letter/order addressed to Deputy Director (M & D) Veterinary and Animal Husbandry, Dimapur by Additional Director of Veterinary and A.H., Nagaland, Kohima bearing letter No. VET/AID-10/2001-02/ 1931-39 dated 17th May, 2001. Contention of the petitioner is that, such an order is illegal, arbitrary and it is in fact, restricting free flow of carrying business in livestock. (In fact it is not an order but a letter which is in challenge).3. Facts, briefly stated, are as follows :-- The petitioner claims to be consisting of 25 members entitled to all rights given under the Constitution of India, and is carrying on business in livestock by way of bringing livestoc...

Airport Authority of India Vs. Paradise Hotel and Restaurant

Court: Guwahati

I.A. Ansari, J. 1. When a person, either because of his own fault or because of deliberate mischievous actions of others, gets involved in protracted legal battles, it is but natural that such a person will knock the doors of every Court, which, in the opinion of such a person, can possibly give relief, which such a person may desire or deserve. The Courts, so approached, may not, however, be competent to give relief, because Courts have to deal with such cases dispassionately, for, compassionate considerations may lead the Court to grant reliefs, which it is not legally competent to grant, and cause thereby aberrations in the administration of justice. The present revision petition is one of such cases. In fact, the present revision petition appears to be a desperate attempt by a litigant, who has visibly become fed-up with continuous litigation and is apparently unable to achieve its object.2. This revision is directed against the order, dated 28.2.2002, passed by learned District J...

Airport Authority of India Vs. Paradise Hotel and Restaurant

Court: Guwahati

Reported in: AIR2002Gau146

I.A. Ansari, J.1. When a person, either because of his own fault or because of deliberate mischievous actions of others, gets involved in protracted legal battles, it is but natural that such a person will knock the doors of every Court, which, in the opinion of such a person, can possibly give relief, which such a person may desire or deserve. The Courts, so approached, may not, however, be competent to give relief, because Courts have to deal with such cases dispassionately, for, compassionate considerations may lead the Court to grant reliefs, which it is not legally competent to grant, and cause thereby aberrations in the administration of justice. The present revision petition is one of such cases. In fact, the present revision petition appears to be a desperate attempt by a litigant, who has visibly become fed-up with continuous litigation and is apparently unable to achieve its object.2. This revision is directed against the order, dated 28.2.2002, passed by learned District Jud...

Bhanvarilal Sharma Vs. Raj Kumar Sharma

Court: Guwahati

H.K.K. Singh, J. 1. This is a statutory appeal under Section 299 of the Indian Succession Act, 1925 (herein after referred to as 'the Act') directed against the judgment and order dated 5-12-2001, passed by the District Judge, Shillong, in Test Case No. 1 (H) 2000, by which the petition of the present appellant herein for grant of probate of the Will was rejected.2. One Shri Laduram Sharma, a Hindu had lived at Shillong and died at Shillong on 2-12-93. Before his death the said Laduram Sharma executed a Will on 3-11-93 thereby bequeathing some of his properties situate at Shillong and the petitioner was named as executor. On 24-5-2000, petitioner filed a petition for grant of probate. Objectors came and filed their objections taking the stand, inter alia, that the Will is a manufactured document and that the Will was not executed by the alleged testator and the learned District Judge passed the impugned judgment and order thereby rejecting the application for probate on three grounds...

Rejesh Mehendi Ratta Vs. Commissioner of Taxes and ors.

Court: Guwahati

P.C. Phukan, J. 1. By this application under Article 226 of the Constitution, the petitioner prays for setting aside and quashing the impugned notice dated 29.4.1996 (Annexure-III) passed by the Deputy Commissioner of Taxex, Tinsukia Zone, Tinsukia. 2.1 have heard Dr. A.K. Saraf, learned senior counsel for the petitioner and learned Govt. Advocate, Assam appearing for the State respondents. 3. The petitioner is a Proprietor of Sardar Brick Fields, which runs a small brick field at Chabua in the district of Tinsukia. The assessment of the petitioner for the period ending 30.9.1988 under the Assam Finance (Sales Tax) Act, 1956 was completed by the respondent No. 3, Superintendent of Taxes, Tinsukia on 25.4.1991 under Section 9(4) of the Assam Finance (Sales Tax) Act, 1956 summarily on the basis of the report of the Inspector of Taxes the turn over of the petitioner was determined summarily to be Rs. 79,000 and accordingly a sum of Rs. 5168 was determined as tax payable by the petiti...

Mustt. Samina YasmIn Vs. State of Assam and anr.

Court: Guwahati

1. Heard Mr. M. Bhuyan, learned counsel for the petitioner and also Mr. A. S. Choudhury, learned senior counsel for the respondent No. 2. Also heard Ms. B. Rajkhowa, learned PP. 2. This petition has been filed by Mustt. Samina Yasmin challenging in part the judgment and order dated 21.7.2000 passed by the learned Principal Judge, Family Court, Kamrup, Guwahati in Case No. F.C.(Crl.) 187/99 refusing maintenance allowance. The part of the judgment and order impugned is quoted below : 'In the result, the petition under Section 125 Cr.PC is partly allowed. The second party (Md. Ainul Haque) shall pay Rs. 500 (Rupees Five Hundred) p.m. to the minor daughter Ayesha Yashmin w.e.f. 28.3.2000, and the money shall be received by her mother. The petition filed by Mustt. Samina Yashmin with respect to her claim of maintenance under Section 125 Cr.PC is rejected. However, she may file a petition under Section 3(2) of the Muslim Women Act if so advised. Parties to bear their own costs. Let a ...

Barnajan Tea Co. (P) Ltd. Vs. State of Assam and ors.

Court: Guwahati

J.N. Sarma, J. 1. This matter relates to a stay order dated October 1, 1996 passed in C.R. No. 4852 of 1996 by the learned single Judge of this Court in a matter with regard to payment of taxes (i.e., sales tax). That portion of the stay order is quoted below : 'As an interim measure, I direct that the petitioner shall give an undertaking before the respondent No. 3 that in case he does not succeed in the writ petition, he shall pay all taxes that may be found due from him and on such undertaking being furnished the respondent No. 3 shall pass orders stating therein that an undertaking has been furnished by the petitioner. On the said orders being produced before the respondent Nos. 4 to 8, the consignments of the petitioner shall be allowed to pass without insisting on payment of tax or sales tax clearance certificate and without any hindrance.'2. A bunch of writ petitions have been filed wherein similar interim order quoted above was being followed. The State of Assam as usual sle...

Arun Chandra Baishya Vs. on the Death of Karma Ram Baishya His L/H Moi ...

Court: Guwahati

P.G. Agarwal, J. 1. Heard Mr. T.C. Khetri, learned counsel for the appellant and Mr. K.K. Mahantra, learned counsel for the respondents. 2. In this second appeal arising out of the judgment and decree dated 22.8.1994 passed by the Assistant District Judge, Sonitpur, Tezpur in Tittle Appeal No. 20/1993, the following substantial questions of law were formulated :- (i) As to whether in the facts of the circumstances of the case the learned Assistant District Judge was right in law in coming to the conclusion that the plaintiffs have suppressed material facts. (ii) As to whether the learned Assistant District Judge was right in law in coming to the conclusion that the suit is barred by limitation. 3. The facts, in brief, are that the appellant as plaintiff filed Title Suit No. 86/88 stating, inter alia, that the land described in Schedule-A to the plaint belonged to the father of the plaintiff and defendantsand thereafter, there has been an amicable settlement amongst the three bro...

Bongaigaon Refinery and Petrochemicals Ltd. Vs. Commissioner of Income ...

Court: Guwahati

J.N. Sarma, J. 1. The questions referred in this case are as follows :(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in coming to the conclusion that the order of the Commissioner under Section 263 is within the jurisdiction ?(2) Whether, on the facts and in the circumstances of the case and having regard to the rovisions of Sections 80HH(5) and 80-I(7) of the Income-tax Act, 1961, the Appellate ribunal is justified in upholding that the assessee's company ought to have submitted audited account in support of its claims for deduction under Sections 80HH and 80-I in respect of its new industrial undertaking from its gross total income ?' 2.The same question arose before a Division Bench reported in CIT v.Technotive Eastern P. Ltd. , wherein the question was as follows :(i) 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 ...