Guwahati Court October 2003 Judgments
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Ashim Ratan Mukherjee Vs. Labour Enforcement Officer
Court: Guwahati
Decided on: Oct-27-2003
S.K. Kar, J.1. Heard Mr. S. Medhi learned counsel for the petitioner.2. Learned counsel appearing for the petitioner submits that order dated 30.12.1996 framing charge against the petitioner was improper and illegal in view of the Act that the Court below over-looked the provision of Section 211 of the Cr.PC as the Complaint Petition does net disclose any offence under Section 22 of the Minimum Wages Act.3. Briefly stated, the complaint was lodged by the Labour Enforcement of Officer (Central), Chowkidinghee, Dibrugarh, alleging violation of rules under Payment of Wages (Mines) Rules, 1956 for which the accused-petitioner was liable to be prosecuted under the provision of Section 20(3) of the Payment of Wages Act, 1936. The complainant has given details hew the Rules 3, 4, 5, 5(a) and 19(3) were violated by the accused.4. It was brought to the notice of this Court that the charge was framed without any reference to these rules and without mentioning as to what did the accused do which...
River Valley Tea Co. Pvt. Ltd. Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Oct-27-2003
P.G. Agarwal, J. 1. The petitioner before us is an assessee under the Assam Agricultural Income-tax Act, 1939 (for short 'the Act'). For the assessment year 1987-88, the petitioner submitted his return whereby the competent authority assessed the income and tax thereupon. So far the assessment of the income and the tax are concerned, these are not under challenge in this writ petition. Further, the assessing authority levied an interest of Rs. 2,32,623 in the assessment order dated September 7, 1996, and the same has been challenged in this writ petition stating that the interest levied is in violation of Sub-clause (5) of Section 20C of the Act (since repealed).2. The respondent-authorities have not filed any affidavit-in-opposition.3. Heard learned counsel for both sides.4. There is no dispute at the Bar that the provisions of Section 20C of the Act (since repealed) are applicable in the present case as the matter relates to the period during which the said provisions were applicab...
Phatik Das Vs. State of Assam
Court: Guwahati
Decided on: Oct-27-2003
S.K. Kar, J.1. This is a jail appeal. Learned advocate Mr. D. Talukdar was appointed as Amicus Curiae. Heard both sides.2. Briefly stated, the prosecution case is that at about 7 p.m. at Mirza Batiapara, one Kandarpa Das was assaulted with a 'Tangon' (a piece of wood) resulting in his death. The court below tried appellant/accused after framing charge Under Section 302 IPC and sentenced him to R.I. for 10 years and to a fine of Rs. 2000, in default of fine, to suffer R.I. for another 6 (six) months, by the judgment and order dated 23.3.1998 passed by Additional Sessions Judge, Kamrup, Gauhati, in connection with case No. 82(k-G) of 1991.3. The prosecution examined altogether 10 (ten) witnesses including the doctor of the I.O. I find the P.Ws. examined were quite dependable and trustworthy. P.W. 1 was free from emotion and her evidence implicating the appellant remained unrebutted, and steady, well-corroborated by the rest of the P.Ws. examined.4. The defence plea, particularly as per ...
Md. Makas Mia Vs. Pakeeza Khatun
Court: Guwahati
Decided on: Oct-27-2003
S.K. Kar, J.1. None appears for the parties. It appears that notice was served on opposite party/respondent.2. This is a petition on the strength of Section 482 Cr. P.C. with intend to challenge the order of the Family Court passed in Case No. FC (Crl.) 152/96 on 16.8.1996 and 13.12.1996 granting ad-interim maintenance allowance @ Rs. 400 to the opposite party and Rs. 400 to her minor baby under Section 125 Cr.PC from the date of the filing of the application.3. The case of the respondent/opposite party Mrs. Pakeeza Khatun, in brief, is that the petitioner Md. Makas Mia married her legally on 20.10.1991 according to the Mohammadan rites fixing Mehar of Rs. 701. They started living together as husband and wife and out of their wedlock a child was born who attained two and half years of age on the date of petition. That due to subsequent physical torture apprehension of being sold out of anybody in Bangladesh the respondent opposite party have left the custody of the petitioner and took...
Ranjan Nath and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-27-2003
Amitava Roy, J.1. The petitioners are before this court being aggrieved by the resolution dated 13.5.1996 taken by the Dhekiajuli Municipal Board (hereinafter referred to as the 'Board') initially restricting the allotment of 16 newly constructed rooms at the Dhekiajuli Daily market to only 10 persons, one from each ward but subsequently allotting all the rooms excluding the petitioners.2. This court by order dated 29.1.1997 on a perusal of the resolution dated 13.5.1996 and on a consideration of the other materials on record, in the interim, while permitting the Board to proceed with the allotment of the rooms in terms of the said resolution, directed it to keep vacant four new rooms until further orders. Liberty was also granted to the respondents to approach this Court for modification/ alteration or vacation of the said order, which in fact, was not done. The petitioner in the instant proceeding, inter alia, have impleaded as respondent No. 4 the chairman of the Board and the 16 a...
Bar Council of India and anr. Vs. Governing Body of Sibsagar Law Colle ...
Court: Guwahati
Decided on: Oct-27-2003
1. These appeals have been filed by the Bar Council of India challenging the common judgment and order dated 27.8.1999 passed by the learned Single Judge in Civil Rule Nos. 2701/96, 2738/96, 2739/96 and 2740/ 96, wherein the Governing Bodies of the petitioners' Law Colleges have challenged the order passed by the Bar Council of India excluding the names of their colleges from the list of affiliated colleges and for issuing a writ of mandamus directing the Bar Council of India to include the existing Law Colleges, which are being functioning under the control of different educational institutions. The writ petitions have been filed by the petitioner colleges as their affiliation have been cancelled by the Bar Council of India by its order dated 27.2.1996 whereunder the names of petitioners Law Colleges run by different Governing Body of the Colleges have been removed from the list of affiliated law colleges of the Bar Council of India. The learned Single Judge after consideration of th...
Union of India (Uoi) and ors. Vs. Biju Mahanta and anr.
Court: Guwahati
Decided on: Oct-27-2003
I.A. Ansari, J.1. These appeals have been filed by the Union of India challenging the order dated 8th May, 1998 passed by the Central Administrative Tribunal, in Original Application Nos. 130 and 131 of 1994. By the order passed by this Court, these appeals have been heard together.2. Smt. Renu Mazumdar the applicant in OA No. 130/94 was appointed in the year 1970 as Draftsman in the office of the Director of Censes Operation, Arunachal Pradesh, Shillong. She was transferred to Directorate of Censes Operation, Assam. Smt. Biju Mahanta, the applicant in OA No. 131/94 was appointed as Draftsman in July 1980 in the Office of the Censes Operation, Assam, Guwahati. Admittedly, the next promotional post of Draftsman in the Censes Department is Artist. Smt. Renu Mazumdar was promoted on the recommendation of a regular Departmental Promotion Committee on the post of Artist on 23.10.1991 on regular basis in scale of pay of Rs. 1400-2300. Smt. Biju Mahanta was also promoted to the post of Arti...
L.N.K 356 Puna Ram Chutia Vs. State of Assam
Court: Guwahati
Decided on: Oct-27-2003
S.K. Kar, J.1. This is an appeal filed by L.N.K. 356 Shri Puna Ram Chutia, against judgment of conviction and sentence passed by Sessions Judge, Darrang, Mangaldoi, on 29.9.2000 is sessions Case No. 73(D-M) of 1997. By the impugned judgment the appellant was convicted for offence Under Section 25(I)(a) of Arms Act, 1959 and sentenced R. I. for 3 years alongwith a fine of Rs. 100 (Rupees on hundred) and in default of fine to further R.I. for 1 (one) month.2. Facts of the case, in short, are as follows :Platoon Commander 3rd APTF Bn. ABSI, Hem Ram Bora lodged a written FIR on 20,9.1989 at 11.00 p.m. against the appellant/accused stating that as per verbal instruction of the Asstt. Commandant the personal steel trunk belonging the appellant was opened and it was found that the trunk contained some blank and live cartridges along with the clothes belonging to the appellant who went on leave from 7.1.1989 for 15 days but did not return to his duties till the date of discovery of ammunition...
Dr. B. Thangdailova Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Oct-01-2003
S.K. Kar, J. 1. This is a petition for a simple direction to the respondents that date of birth of the petitioner is to be treated, for all practical purpose, on the basis of the HSLC (High School Leaving Certificate) as the correct date of birth. 2. That in the service record of the petitioner more than one date of birth have been shown due to mistake and that there was no other source of information about date of birth at the relevant time. 3. That the petitioner approached to the concerned department to say that his date of birth recorded in the service book as 11.3.44 was wrong and required to be corrected. But his representations were not considered and no correction was made and accordingly he has approached this court for relief as aforesaid. 4. The respondents contested the case by filing affidavit-in-opposition contending, inter alia, that the petitioner had joined his service in the year 1969 but came with the prayer or correction of the date of birth only on 5.5.2000 and a...
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