Guwahati Court January 2003 Judgments
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Sapam Ibomcha Singh Vs. Sapam Ningol Ibema Devi
Court: Guwahati
Decided on: Jan-28-2003
B.B. Deb, J. 1. Heard Mr. K. Kerani, learned senior counsel for the petitioner and Mr. A. Nilamoni, learned senior counsel for the respondent. 2. The original suit bearing No. 25/93/10 of 1995 was decreed in favour of the plaintiff (respondent herein). Being aggrieved, the defendant (petitioner herein) preferred first appeal (F.A. 1/2002) which is pending before the learned District Judge, Manipur East. During the pendency of the first appeal, the plaintiff-respondent filed a petition before the learned first appellate Court under Order XLI, Rules 27 of the Code of Civil Procedure for taking some documentary evidence as additional evidence. The appellate Court after hearing the parties allowed the plaintiff-respondent to produce the documentary evidence as prayed for and remitted the case to the learned trial Court for recording additional evidence, of course the defendant-appellant was also allowed opportunity to produce rebuttal documentary evidence. Being aggrieved, the defendan...
Nefa Udyog and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Jan-27-2003
I.A. Ansari, J.1. By making this application under Article 226 of the Constitution of India, the petitioners have approached this Court seeking issuance of writ/writs commanding the respondents to release the outstanding bills of Rs. 4,38,676/- due to: thepetitioner No. 1, namely, M/s. Nefa Udyogfor supply of sawn timbers made to the Public Works Department, Government ofArunachal Pradesh, for construction of Capital Complex at Itanagar. 2. In a nutshell, the case of the petitioners runs as follows : The petitioner No. 1, namely, M/s. Nefa Udyog, a registered partnership firm, is a Small Scale Industry located at Banderdewa and this Industry stands registered with the Department of Industry, Government of Arunachal Pradesh, since 8-1-1975. The petitioner No. 1 holds a licence issued by the Secretary, Department of Forests, Government of Arunachal Pradesh, for running a Saw Mill at Banderdewa and the petitioner Nos. 2 and 3 are partners of the said firm. The petitioner's firm is a smal...
State of Mizoram and ors. Vs. C. Deniel and ors.
Court: Guwahati
Decided on: Jan-24-2003
P.P. Naolekar, C.J.1. With the consent of the learned counsel for respected parties, the matter is finally heard. 2. The respondent-petitioners, who are ten in number, have approached this Court by filing a petition under Article 226/227 of the Constitution seeking a direction to the Government to make enquiry and assess the compensation to which they are entitled, on the ground that the Government following the proposal for acquisition of their land made a Notification and took possession of the same. Later on, the Government abandoned the proposal for acquisition of the land of the petitioners and the land of petitioners under acquisition were released and returned back. The petitioner-respondents were in possession of land prior to the acquisition. 3. In nutshell, the petitioners' case is that prior to the proceedings were taken up for acquisition of the land they were in possession of the land and after the proceedings were taken up they were dispossessed and were handed back the ...
Brpl Canteen Co-operative Society Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-23-2003
P.G. Agarwal, J.1. This application under Article 226 of the Constitution of India has been filed by the Bongaigaon Refinery & Petrochemicals Limited Canteen Co-Operative Society, hereinafter referred as the Society, whereby the order of assessment of Sales Tax for the year 1995-96 along with the subsequent orders of appeal and revision passed by the competent authorities have been challenged.2. We have heard Mr. J. Bora, learned counsel for the petitioner and Mr. K. H. Choudhury, learned counsel for the respondents.3. The facts : The Bongaigaon Refinery & Petrochemicals Limited, for short 'the BRPL' is a Government Undertaking and they are providing a canteen, as required under Section 46 of the Factories Act, 1948. The work order for the catering services of the BRPL Canteen for the year 1995-96 was awarded to the Society and accordingly the services were provided. The Society was registered under the Assam General Sales Tax Act as a 'dealer'. The work order was for a perio...
Md. Abdul Kadir and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Jan-21-2003
H.K.K. Singh, J.1. Heard learned counsel on both sides.2. While considering the bail application in Cri. Misc. Appln. No. 17/2003, it is found that appeal has been carried from the judgment and order dated 6-9-2002 passed by the learned Assistant Sessions Judge, Dharmanagar, North Tripura in Sessions Trial No. 17(NT/D) 2002 whereby the appellants were convicted for the offence Under Section 366 read with Section 34 of I.P.C. and sentenced to undergo 5 (five) years R. I. with a fine of Rs. 1000/- each. At the outset, Mr. D. Sarkar, learned Public Prosecutor has submitted that under the provision of Section 374, Cr. P. C., appeal against the judgment of conviction of 5 (five) years passed by the Assistant Sessions Judge lies before the Sessions Judge, not before the High Court, but through mistake, the appeal has been admitted by this Court and even, two (2) of the appellants (convicts) has been granted bail under order dated 11-11-2002. I have also heard Mr. A. C. Bhowmick, learned cou...
Asan Ali and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jan-20-2003
1. This revision arises out of the judgment and order, dated 29.7.1991, passed by the learned Sessions Judge, Barpeta, in Crl. Appeal No. 14(B-4) of 1990, whereby the learned Sessions Judge, while upholding the conviction of the Petitioner No. 1, namely, Latif All under Sections 447 and 336 IPC passed by the learned Chief Judicial Magistrate, Barpeta, vide his judgment and order, dated 13.9.1990, in G.R. Case No. 1436/88, acquitted him of the offence under Section 325 IPC, but maintained, at the same time, the conviction of the petitioner No. 2, namely, Asan Ali under Sections 447, 336 and 325 IPC and, while not interfering with the sentences passed against the petitioners by the learned trial Court directing each of them to undergo Simple imprisonment for a period of 10 days for their conviction under Sections 447 and 336 IPC, reduced the sentence passed against the petitioner No. 2 to a period of 6 months for his conviction under Section 325 IPC and In default, to suffer Simple imp...
Latif Ahmed BIn HussaIn Vs. State of Assam
Court: Guwahati
Decided on: Jan-20-2003
I.A. Ansari, J. 1. With the help of the present application made under Section 482 Cr. PC, the petitioner have prayed for quashing the First Information Report, which has given rise to Mangaldoi Police Station Case No. 60/94 under Section 380 IPC (corresponding to GR Case No. 292/94) of the Court of Chief Judicial Magistrate, Darrang, Mangaldoi. 2. The material facts leading to the present revision may, in brief, be stated as follows: (i) One Shri A. Hadi, Sub-divisional Agriculture Officer, Mangaldoi (hereinafter referred to as 'the SDAO') lodged a written Ejahar, on 30.04.1994, alleging, inter-alia, that on the previous day evening, while his office was still functioning, the informant received the information that some material lying in the store of the District Agricultural Officer, Darrang, located with the District Agricultural Officer, campus, had been removed and he was, later on, told by the Store-in-charge, namely, Shri Rameswar Pathak (i.e., the petitioner No. 2) that abo...
Godak Taja Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Jan-20-2003
I.A. Ansari, J. 1. The petitioner, who is a Head Constable in Arunachal Pradesh Armed Police has approached this Court, with the help or the present application made under Article 226 of the Constitution of India, seeking issuance of writ/writs setting aside and quashing the impugned order, dated 29.1.2001. (Annexure H to the writ petition), whereby the penalty of reduction of two increments with cumulative effect for a period of two years has been imposed on the petitioner following a disciplinary proceeding. 2. In a narrow compass, the petitioner's case may be put as follows: The petitioner joined as a Constable in the Armed Police in the year 1998 and thereafter, he was promoted to the post of Head Constable vide order dated 17.4.1993 and at the relevant time, the petitioner stood posted at the Battalion Head Quarter of 1st Arunachal Pradesh Armed Police Battalion, Chimpu. The petitioner was awarded commendation certificate in recognition of his excellent performance of duties vid...
Sukumar Ch. Debnath Vs. Hiren Lal Patoa and ors.
Court: Guwahati
Decided on: Jan-17-2003
I.A. Ansari, J. 1. This revision has arisen out of the order, dated 15.6.1998 passed by the learned Civil Judge (Senior Divn.) No. 2, Silchar, in Title Suit No. 66/92, declining to set aside the order for ex parte hearing of the suit and to accept the written statement of the petitioners. 2. In a nutshell the case of the petitioners may be stated as follows :- (i) The Title Suit No. 66/92 aforementioned was instituted by the opposite party Nos. 1-4 against the petitioner Nos. 1 and 2 (as defendant Nos. 6 and 4 respectively) and the remaining opposite party of this revision. The suit was for declaration of lease-hold right title and interest of the plaintiffs to the suit land and also for ejectment of the present petitioners and opposite party No. 8, (who was defendant No. 4), the case of the plaintiffs being, in brief, thus : Late Ram Narayan Potwa, i.e., the predecessor-in-interest of opposite party Nos. 1- 4, purchased the leasehold right over the suit land and ownership right over...
Ujjal Transport Agency and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-17-2003
D. Biswas, J. 1. The question to be answered in this petition is whether dumpers, a heavy earth moving vehicle ordinarily used for removing overburdens,, are vehicle within the meaning of Section 2(18) of the Motor Vehicles Act, 1988, hereinafter referred to as the 'Act'. 2. The petitioner has challenged the direction given by the District Transport Officer, Tinsukia requiring him to get their dumpers registered on payment of taxes and fees as per provisions of law. This direction was communicated by the letter dated 24.7.1996 which reads as follows : 'With reference to the above, I am to inform you that there is no provisions In the M.V. Rules to exempt registration of such type of vehicles. You are therefore requested to get such type of vehicles registered immediately on payment of taxes and fees etc. failing which the vehicle will be seized as per provisions of law. Also you are requested to let the undersigned know the number of such type of vehicles you are having with you a...
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