Guwahati Court August 2002 Judgments
Dy. Cit Vs. Assam Industrial Development Corpn. Ltd.
Court: Guwahati
Decided on: Aug-30-2002
N.S. Saini, A.MThese are three appeals and one CO filed against the two separate orders of the Commissioner (Appeals). The revenue has filed an appeal against the order of the Commissioner (Appeals) for the assessment year 1990-91 and the assessee has filed the CO against the same order of the Commissioner (Appeals). The cross-appeals have been filed against the order of the Commissioner (Appeals) for the assessment year 1991-92. As all the appeals and the CO relate to same assessee and were heard together, they are consolidated and disposed of by this single order for the sake of convenience.2. Asst. yr. 1990-91 : In IT No. 37/Gau/1997 relating to assessment year 1990-91 the grounds of appeal agitated by the revenue are as under(1) For that the Commissioner (Appeals) erred in law and in facts deleting the addition of Rs. 1,55,81,667 made under the head 'subsidy'.(2) For that the Commissioner (Appeals) erred in law and in facts in restricting the addition of Rs. 2,48,408 made on accou...
Tag this Judgment!Nepal Chandra Das and anr. Vs. Tripura GramIn Bank and ors.
Court: Guwahati
Decided on: Aug-29-2002
P.G. Agarwal, J.1. The above three Writ Petitions were heard analogously and disposed of by this common judgment. The Petitioners before us have prayed for stepping up of their pay scales to that of their juniors.2. The Petitioners are all employees of the Tripura Gramin Bank, a Rural Bank established under the Regional Rural Banks Act, 1976. Pursuant to the orders of the Hon'ble Apex Court, the Government of India referred the dispute regarding pay scales of the employees of the Regional Rural Banks to the National Industrial Tribunal under the Chairmanship of Hon'ble Mr. Justice Obul Reddy, Retired Chief Justice, and the Tribunal gave an award on April 30, 1990 and the same was accepted by the Government of India. Thereafter, an Equation Committee was constituted by the Government of India for the purpose of determination of the equation of posts in Rural Banks - vis-a-vis - Sponsored Bank for fixation of pay and allowances.3. The said Equation Committee submitted a report which wa...
Tag this Judgment!Manipur State Road Transport Corporation and ors. Vs. Wahengam Somoren ...
Court: Guwahati
Decided on: Aug-28-2002
Ranjan Gogoi, J.1. All the 5 writ appeals having raised common question of law and being directed against a common judgment and order passed by the learned Single Judge, are being taken up for consideration together and are being disposed by this common judgment and order.2. The facts lie in a short compass as may be stated as hereinbelow.Sometime in the mounts of April and May, 1994, the then Managing Director of the Manipur State Road Transport Corporation, appointed the respondents/writ petitioners against various post like, Securitymen, Checkers, Line Checkers, Conductors, Peons and Traffic Inspectors. All the aforesaid appointments were stated to be made on officiating basis against existing vacancies. The appointments made were subject to regularisation by Departmental Promotion Committee. Immediately thereafter, the Managing Director who conferred the aforesaid appointments, demitted office on 14.5.1994 on the expiry of his tenure of contract appointment. The appointment orders...
Tag this Judgment!Thiyam Katon Singh and ors. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Aug-28-2002
Ranjan Gogoi, J.1. Heard Mr. I. Lalitkumar, learned counsel for the petitioner.2. The petitioners, three in number, who were holding the substantive posts of Jilladars in the Revenue Department of the Government of Manipur were allowed to function as Revenue Inspectors on in-charge basis by an order dated 19th January, 1996 (Annexure-A/3). The Writ Petitioners who rendered services as Revenue inspectors claimed the benefit of pay and allowances attached to the post of Revenue inspectors and the same having been denied by the authority, the instant writ Application has been filed.3. Mr. Lalit, learned counsel for the petitioner relies on an order dated 12 .2.2001 passed by this Court in W.P. (C) No. 1278/2000 to contend that similar relief has been granted by this Court to employees who were more or less similarly situated with the present writ petitioners. I have perused the aforesaid order dated 12.2.2001 passed by this Court in W.P. (C) No. 1278/2000. This Court while rendering the ...
Tag this Judgment!Miss Tumnyak Ete and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Aug-27-2002
L.A. Ansari, J. 1. Claiming to be perplexed at the decision of the State Government and challenging the virus and constitutionality of the State Cabinet's decision to select and nominate candidates for pursuing the courses of MBBS and BDS on the basis of a policy, which provides for making selection and nomination of those candidates, who do not come within the zone of consideration on the basis of the merit list prepared following the Joint Entrance Examination (hereinafter, in short, called as 'the JEE'), but are from such districts (s) from which no candidate could be selected on the basis of merit alone for pursuing the said courses, the principle, thus, being that each district of the State must get representation if any of its candidate has received the requisite qualifying marks, though he may be far lower than others in the merit list, the petitioners have approached this Court. 2. By this application made under Article 226 of the Constitution of India, the petitioners, who ...
Tag this Judgment!Dimapur Town Committee and anr. Vs. Debt Recovery Tribunal and anr.
Court: Guwahati
Decided on: Aug-27-2002
P. P. Naolekar, C.J.1. The petitioner No. 1 herein is a civic body formed under the Naga Hills District (Constitution of Town Committees) Rules, 1954, having its office at Dimapur, Nagaland. The petitioner No. 2 is the Chairman/ Administrator of the petitioner No. 1. The Respondent No. 2, State Bank of India is a body corporate constituted under the State Bank of India Act, 1955 having its Local Head Office at Guwahati and one Regional Office at Dimapur.2. The Respondent No. 2 filed a Money Suit on 29.8.1996 against the petitioners in the Court of the Assistant to Deputy Commissioner, Dimapur, Nagaland which was registered as Money Suit No. 30 of 1996, praying for a decree for Rs. 1,52,45,776.30 P as principal amount due from the petitioners and interest outstanding as on 28.8.1996; a decree for future interest at the existing commercial rate of interest from 29.8.1996 till realization of the decretal amount and; a decree for possession, sale or foreclosure of the mortgaged properties...
Tag this Judgment!Pradip Kumar Kalita Vs. Hiran Prova Kalita
Court: Guwahati
Decided on: Aug-27-2002
D. Biswas, J. 1. This appeal is directed against the judgment and order dated 9.1.1995 passed by the learned District Judge, Nalbari in Divorce Title Suit No. 5 of 1991 The learned District Judge dismissed the suit filed by the appellant for dissolution of marriage by a decree of divorce. 2. I have heard Mr. N. Dhar, learned counsel for the appellant and Mr. H. R. A. Choudhury, learned counsel for the respondent. 3. There is no dispute with regard to the fact that marriage was solemnised between the appellant Sri Pradip Kumar Kalita and the respondent Smt. Hiran Prova Kalita on 3.3.1980 at village Ulabari in Nalbari district as per Hindu rites and customs. After carriage they lived together as husband and wife and a daughter was born to them in the year 1982. The appellant has been working in the Electricity Department under the Govt. of Meghalay and he left his wife in the house of his elder brother at village Sonkani. All of a sudden the wife left the house of his elder brother on ...
Tag this Judgment!R.K. Kraditor Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Aug-27-2002
Ranjan Gogoi, J. 1. The writ petitioner, who is holding the post of Artist in the Directorate of Youth Affairs and Sports, Government of Manipur, claims parity of pay with Artists engaged in the other Directorates of the State particularly, in the Directorate of Economics and Statistics and Family Welfare. According to the writ petitioner, by the Manipur Services (Revised Pay) Rules, 1990, the pay scale of Artist in the Directorate of Youth Affairs and Sports has been enhanced from Rs. 575-1050-950-1500/- whereas the pay scale of Artists in the Economics and Statistics Directorate as well as in the Directorate of Family Welfare has been enhanced to Rs. 1350-2220. Alleging discrimination in the matter of grant of pay scale on a claim that the writ petitioner is similarly situated to the Artists appointed in the aforesaid Directorates, the instant recourse to the writ jurisdiction of this Court has been made.2. Mr. Manichandra, learned counsel for the petitioner has placed before the C...
Tag this Judgment!Jugal Baruah Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-26-2002
A.H. Saikia, J.1. Both these Writ Petitions have been filed under the nomenclature of Public Interest Litigation (hereinafter referred to as PIL) seeking judicial intervention of this Court under Articles 226 of the Constitution of India projecting the grievances against the proposed shifting of the entire establishment of Special Service Bureau (for Short 'SSB') from North Eastern Region (hereinafter called as N.E. Region) by the respondents - Union of India and others, for its deployment to various other places in Indo-Nepal Border in the States of West Bengal and Bihar. Since both the writ Petitions carry a common issue based on similar and identical factual matrix, we propose to hear both the matter analogously and thereby to dispose of the same by this common order.2. The entire pivot of the controversy revolves round the proposed shifting of SSB Unit from N.E. Region especially from Assam and Arunachal Pradesh to other parts of the country.3. The common case, in short compass, o...
Tag this Judgment!Ferisha Phalley Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Aug-23-2002
I.A. Ansari, J. 1. When the State fails to make its writ run in accordance with its administrative decisions and policies, it is but natural that it may fail to safeguard and protect the interest of those citizens, whose interest it aimed at protecting by its such administrative decision and policies. Obviously, casualty of such a dreadful situation will be the cause of justice. The present one is one of such few unfortunate cases. 2. By this application made under Article 226 of the Constitution of India, the petitioner, a helpless woman, who has been helplessly running from pillar to post to retain her appointment as an Assistant teacher in Government Lower Primary School in the Garo Hills Autonomous district, following abysmal failure of the State to make its writ run over the Government Lower Primary School in the said Autonomous district, has approached this Court for obtaining necessary reliefs. 3. In a short compass petitioner's case may be put as follows : By notification No....
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