Guwahati Court August 2002 Judgments
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S.K. Rai and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-23-2002
I.A. Ansari, J. 1. By the present application made under Article 226 of the Constitution of India, the petitioners have approached this Court with prayer, inter alia, to issue appropriate writ/writs setting aside the allotment order/Order of acceptance of tender, in question, issued by the respondent No. 5 in favour of the respondent No. 6 and directing the official respondents to award the said contract to the petitioner. 2. In a short compass, petitioners' case may be put as follows : The petitioner No. 1 is a reputed carriage contractor registered under the Partnership Act with petitioner No. 2 as its managing partner. The petitioner No. 1 is also a registered carriage contractor under different government departments including Telecom Department. The respondent No. 2, namely, Bharat Sanchar Nigam Limited (in short, BSNL), functions under the control and supervision of respondent No. 1, namely, Union of India. The respondent No. 6 is a limited company incorporated under the Compa...
N.C. Choudhury Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Aug-23-2002
I.A. Ansari, J.1. By this application made under Article 226 of the Constitution of India, the petitioner, an Assistant Conservator of Forests, Meghalaya, having failed to convince his Administrative Department and also the Finance (Pay Revision) Department, that the scale of pay of the petitioner fixed under the revised pay scale needs to be corrected in accordance with the provisions of the relevant Rules, has approached this Court for necessary reliefs.2. The case of the petitioner, if it is stated briefly, runs as follows : The petitioner was appointed as a Forest Ranger in the scale of pay of Rs. 225-15-285-EB-15-360-EB-20-600 to be revised at Rs. 400-20-500-Eb-25-750-EB-30-900 with effect from 27.2.1975 and henceforth, as decided by the State Government, his annual increment was to be drawn from 1.2.1976 and on first February every year thereafter. The scale of pay of the post was revised to Rs. 575-25-700-EB-30-850-EB-35-1200 w.e.f. 1.1.1979 and on option being exercised by th...
Glaxo India Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-21-2002
A.H. Saikia, J. 1. Both these Criminal Revisions were heard and allowed by order dated 21.8.2002 for the reasons to be recorded later on and accordingly the reasons for allowing those revisions are stated as follows:2. Both the Criminal Revisions have been presented by the petitioner under Section 482 Cr.PC praying for quashing of all the proceedings initiated against the petitioner in the Court of Chief Judicial Magistrate at Guwahati as well as at Jorhat.3. Criminal Revision No. 308/93 has been directed against the initiation of the criminal proceeding in case No. 1661(C)/90 in the Court of Chief Judicial Magistrate, Kamrup Guwahati on the basis of a complaint lodged by Food Inspector, Kamrup, Guwahati, Respondent No. 3 under the provisions of Prevention of Food Adulteration Act, 1954 (for short 'the Act') and Prevention of Food Adulteration Rules, 1955 (for short 'the Rules') framed thereunder and subsequent issuance of the notice against the Petitioner.4. In Criminal Revision No. ...
Sunil Gogoi Vs. State of Assam
Court: Guwahati
Decided on: Aug-21-2002
A.H. Saikia, J. 1. Heard Mr. A.S. Choudhury, learned Sr. counsel assisted by Mr. R. All. None appears for the State. The previous orders of this Courtreveal that this case was earlier adjourned on various dates on the request of the learned P.P. Assam for production of Case Diary (for short, 'C.D.'). But no C.D. has been produced. Even today also when the matter is taken up for hearing as fixed item, as ordered by this Court earlier on 13.8.2002, no C.D. has been produced nor has anyone appeared on behalf of the State. During the course of hearing, it appears that the matter is yet to be admitted. Accordingly, Revision is admitted and made returnable forthwith. 2. By this criminal revision, the petitioner has assailed the impugned order dated 17.4.2002 passed by learned Special Judge. Kokrajhar in Special Case No. 5/2002 rejecting the prayer for Zimma of 19,500 Kgs. of C.R. Coils (Building Rods) seized on 27.3.2002 by the Police at Srirampur Gate. 3. The case of the petitioner, in sh...
L. Devendrajit Sharma Vs. the State of Manipur and ors.
Court: Guwahati
Decided on: Aug-20-2002
Ranjan Gogoi, J. 1. The challenge in the instant Writ application is in respect of an order abated 2.4.1997 promoting the respondent No. 4 to the post of Sr. Lecturer (Violin) in the Government Music College. Though the aforesaid order dated 2.4.1997 recites that the promotion of the respondent No. 4 has been made to the post of Sr. Lecturer (Violin), the said promotion has really been made to the post of Sr. Lecturer (Vocal) as evident from a conjoint reading of the orders dated 2.4.1997 and 30.7.1996 (Annexures - A/1 and A/2).2. The petitioner who was appointed as Jr. Lecturer (Vocal) in the Government Music College by order dated 18.7.1986 has sought to challenge the aforesaid promotion of the respondent No. 4 primarily on the ground that the respondent No. 4 not having acquired the Visharad Degree in Vocal Music was not eligible for filing of the post, of Sr. Lecturer (Vocal). Mr. Paonam, learned counsel for the petitioner, in this regard has drawn my attention to the provisions ...
Daelim Industrial Co. Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-16-2002
Ranjan Gogoi, J. 1. The petitioner, a Company incorporated in Korea, entered into a contract with M/s Numaligarh Refinery Limited for execution of a Co-Generation Plant at Numaligarh in the State of Assam. Two separate contract agreements, one for indigenous supplied and services and the other for overseas supplied and services, were entered into by and between the parties, which were later amalgamated into a single contract. After obtaining necessary statutory permission from the Reserve Bank of India, for undertaking the business in question, the petitioner company registered itself under the provisions of Assam General State Tax Act, 1993 (hereinafter referred to as 'the Act') and filed its return for the financial year 1995-96 disclosing a gross turnover of Rs. 75,21,500.00. The return filed by the petitioner company was finalised by assessment order dated 21.3.1997 passed by the Authority empowered to complete the assessment under the Act. In the aforesaid assessment order dated...
Anom Apang Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Aug-13-2002
I.A. Ansari, J. 1. This revision application made under Regulation 50 of the Assam Frontier (Administration of Justice) Regulation, 1945, (hereinafter referred to as 'the said Regulation') read with Section 151 of the Code of Civil Procedure has arisen out of the order, dated 2.5.2002, passed by the learned Deputy Commissioner, Papum Pare District, Yupia, in Misc.(Divorce) No. 02/2001, whereby the learned Court below held to the effect that the application made by the O.P. No. 3 of this revision petition under Sections 12 and 13 of the Hindu Marriage Act, 1955, seeking a decree of nullity or a decree of dissolution of her marriage with the revision petitioner is maintainable and the divorce proceedings would continue. 2. Briefly stated, facts giving rise to this revision are as follows : - (i) The O.P. No. 3, in this revision, namely, Smt. Anom Apang (who is hereinafter referred to as 'the applicant-O.P.') filed an application under Sections 12 read with Section 13 of Hindu Marriage...
Joint Commissioner of Income-tax (Assessment) and ors. Vs. George Will ...
Court: Guwahati
Decided on: Aug-13-2002
P.P. Naolekar, C.J. 1. The basic fundamental facts, relevant for the purposes of adjudication of the questions involved in all these twelve appeals are similar and, therefore, all the matters are decided by a common order. 2. To better understand the questions involved and for convenience, we shall refer to the facts in Civil Rule No. 6491 of 1998 (Eveready Industries India Ltd. v. Joint CIT (Assessment) ), which are, as stated by the petitioner, that Namdang Tea Company (India) Limited was incorporated under the Companies Act, 1956, having its registered office at Guwahati. The said company owned two tea estates, namely, Namdang Tea Estate and Boga-pani Tea Estate, both situated in the State of Assam. The said company was carrying on the business of growing green tea leaves in its own tea gardens and manufacturing black tea out of the said green tea leaves grown by it as well as others and further selling it in India and abroad. Under the scheme of arrangement, the tea business of t...
Md. Monisur Islam Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-13-2002
Amitava Roy, J. 1. The subject matter of challenge in the present proceeding is the order dated 18.1.2002 passed by the District Magistrate, Dhubri under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) detaining the petitioner on the ground that it was so necessary to prevent him from acting in a manner prejudicial to the maintenance of public peace, order and tranquility. The petitioner is since then detained in the District Jail, Dhubri. 2. We have heard Mr. B.D. Konwar, learned counsel for the petitioner, Mr. C. Choudhury, learned Central Govt. Standing Counsel for the respondent No. 1 and Mrs. A. Hazarika, learned Addi. Senior Govt. Advocate, Assam for the respondent Nos. 2, 3 and 4. 3. The facts as narrated in the writ petition can be summarised thus : 'The petitioner, a citizen of India, has been detained pursuant to the order of detention dated 18.1.2002 passed by the respondent No. 3 under Section 3(2) of the Act and the groundsof deten...
Siba Nath Deuri Vs. Assam State Transport Corporation and ors.
Court: Guwahati
Decided on: Aug-13-2002
N. Surjamani Singh, J. 1. Heard Mr, D. Das, learned council for the petitioner, and Ms. U. Baruah, learned standing counsel for the ASTC and other respondents, 2. In this writ petition, the petitioner Sri Siba Nath Deuri, has questioned the validity of the impugned order bearing No. 606 dated 10.12.2001 as in Annexure-7 to the writ petition by contending, inter alia, that the order removing the petitioner from service with immediate effect vide order dated 10.12.2001 is illegal and disproportionate. 3. Mr. Das, learned counsel contended that thought there was allegation against the petitioner for allowing 17 ticketless passengers to travel upto their destination and realising bus-fare from them and converting the same for his personal gain ; there is no evidence on record to prove the said allegation and that apart the penalty so imposed upon the petitioner,' namely, removal from service is disproportionate. 4. Ms. Barua, learned counsel for the respondents, contended that there is no...
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