Guwahati Court December 2003 Judgments
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Bakul Chandra Chakraborty Vs. Giri Bala Debi (Chakraborty)
Court: Guwahati
Decided on: Dec-23-2003
T. Vaiphei, J.1. By this revision petition under Section 115 of the Code of Civil Procedure, the petitioner is assailing the legality or otherwise of the judgment and order dated 22.11.2002 passed by the learned District Judge, South Tripura, Udaipur in Civil Misc. Appeal No. 11/02 affirming the judgment and order dated 3.10.2002 passed by the trial Court dismissing the application for temporary injunction filed by the respondent herein.2. Heard Mr. H. Sarkar, the learned counsel for the petitioner. I have also heard Mr. B. Das, learned senior counsel for the respondents.3. To appreciate the controversy involved in this case, the material facts of the case may be briefly stated. The plaintiff-respondents (hereinafter called 'the respondent') filed Title Suit No. 20/2002 before the learned Civil Judge (Sr. Division), South Tripura, Udaipur against the defendant/petitioner for declaration that the respondent is entitled to 2 annas share of the priestship for the Siva Puja of Sree Mata T...
Upendra Kumar Majumder Vs. Tapan Majumder and ors.
Court: Guwahati
Decided on: Dec-23-2003
T. Vaiphei, J.1. This Second Appeal is directed against the appellate judgment and decree dated 27.3.2001 passed by the learned Additional District Judge South Tripura, Udaipur in Title Appeal No.9 of 1997 upholding the preliminary decree dated 8.4.1997 passed by the Ld. Civil Judge (senior division), South Tripura, Udaipur in Title Suit No. 30 of 1993.2. The case of the plaintiff-respondents (hereinafter called 'the respondent' for short) is that his father, late Surendra Majumder and the defendant/appellant (hereinafter called 'the appellant' for short) are brothers, who used to live in a joint family and sharing joint mess. The said Surendra Majumder and the appellant jointly purchased 7 karris and 14 gandas of land out of the income if their joint family. The appellant also purchased in his own name 1 kani 7 gandas and 2 karas of land for the joint family. Both the brothers also inherited 13 gandas 3 karas and 4 7/32 dhurs of land on the death of their father. Thus, according to t...
Narayan Chandra Deb Vs. United Commercial (Uco) Bank and anr.
Court: Guwahati
Decided on: Dec-23-2003
T. Vaiphei, J.1. This revision-petition under Section 115 of the Code of Civil Procedure is directed against the judgment and order dated 15-5-2003 passed by the learned Civil Judge, Senior Division, Court No. 1, West Tripura, Agartala in Misc. Case No. 9/2002 arising out of Ex (T) No. 41/1998.2. The facts material for the disposal of this case may be briefly stated. The petitioner/defendant No. 1 is the son of the defendant No. 2, now deceased. The defendant No. 3/respondent No. 2 herein is the step-mother of the petitioner. It would appear that the petitioner had taken a loan of Rs. 1,86,150/- (Rupees one lakh eighty six thousand one hundred and fifty only) from the respondent-Bank in which both the deceased-defendant and the respondent No. 2 had jointly mortgaged their landed properties as security for repayment of loan. It would further appear that when no repayment was made by the petitioner, the respondent-Bank instituted a suit being T.S. (Mort) No. 59/96 before the Civil Judge...
Amrit Dewan Vs. Assam State Co-operative Marketing and Consumer Federa ...
Court: Guwahati
Decided on: Dec-23-2003
B.K. Sharma, J.1. The writ Petitioner while was serving as Assistant Manager in Assam State Co-operative Marketing and Consumer Federation Limited (STATEFED) and was posted at. Jorhat Branch, was placed under suspension by an order dated 25.10.1994. This was followed by a show cause notice dated 25.10.1994 asking him to submit his written statement of defence in respect, of two charges levelled against him as indicated in the said show cause notice. Two charges levelled against the Petitioner were in respect of his incumbency as Assistant Manager, in-charge of the STATEFED Main godown at Jorhat during the year 1989-90 and 1990-91. By both the charges it was alleged that goods (dietary articles) worth Rs. 41,631.20 for the year 1989-1990 and goods (dietary articles) for the year 1990-1991 worth Rs. 3,27,120.45 were found short and thereby the STATEFED suffered loss.2. The Petitioner by his letter dated 4,11.1994 asked for certain documents for his inspection in order to submit his writ...
Atul Ch. Sarma Vs. President, District Consumer Disputes Redressal For ...
Court: Guwahati
Decided on: Dec-22-2003
A.H. Saikia, J. 1. The legality mid validity of initiation of a proceeding against a practising Advocate by the District Consumer Disputes Redressal Forum on the basis of a complaint lodged against him claiming compensation for deficiency in service to the consumer, has been challenged in this proceeding.2. The petitioner, an Advocate by profession, has assailed the impugned order dated 15.7.1994 passed in C.P.C. 250/94 by which the learned Member, District Consumer Disputes Redressal Forum Kamrup registered a case against the petitioner on the basis of a complaint filed by the complainant through her authorised representative, stating that the complaint did not disclose any consumer dispute or deficiency in service within the meaning of Sub-section (e), (g) and (o) of Section 2(1) of the Consumer Protection Act, 1986 (for short ,'the Act') and as such continuation of the consumer case against him directly amounts to abuse of the process of the Court and accordingly in order to secu...
Naveen Hardware and Electrical Stores Vs. Commissioner of Income-tax a ...
Court: Guwahati
Decided on: Dec-22-2003
D. BISWAS J. 1. This appeal by M/s. Naveen Hardware and Electrical Stores preferred under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as the Act), is directed against the judgment and order dated December 11, 2001, passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati, in I. T. A. No. 132/Gauhati of 1996 relatable to the assessment year 1992-93. The appeal was admitted by this court by the order dated March 28, 2003, for hearing on the following questions of law : '1. Whether, on the facts and in the circumstances of the case, the Tribunal having not found the order dated February 8, 1994, passed by the Income-tax Officer, Dimapur, to be erroneous has not erred in upholding the order of the Commissioner passed under Section 263 of the Income-tax Act, 1961 ?2. Whether, on the facts and circumstances of the case, the valuation of closing stock as on March 31, 1992, as adopted/directed by the Commissioner of Income-tax and the Tribunal was correct in...
Commissioner of Income-tax Vs. Down Town Hospital Pvt. Ltd.
Court: Guwahati
Decided on: Dec-22-2003
D. Biswas, J.1. Income-tax Appeal No. 29 of 2001 and Income-tax Appeal No. 31 of 2001 under Section 260A of the Income-tax Act 1961, were admitted for hearing on the following common questions of law :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in not upholding the order of the first appellate authority which had confirmed the Assessing Officer's order disallowing the claim of investment allowance under Section 32A of the Income-tax Act, 1961, as the nursing home/hospital of the assessee is not an industrial undertaking ?2. Whether, on the facts and in the circumstances of the case, is not the decision of the Tribunal in directing deletion of the addition made under Section 68 of the Income-tax Act, 1961, placing reliance on the decision of the Delhi High Court in the case of Stellar Investment Ltd. : [1991]192ITR287(Delhi) as erroneous and perverse ?'3. The assessee, M/s. Down Town Hospital Limited, is a nursing home situated at Mat...
Md. Hayatul Isam Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-22-2003
B.K. Sharma, J.1. Whether the Governing Body of a College could tinker with the selection made by the Selection Committee is the issue involved in this writ petition. The admitted position is that the petitioner was placed at serial No. 1 by the Selection Committee constituted by the Governing Body of the College, but as per the resolution adopted by the Governing Body the respondent No. 5 was sought to be appointed. It was at that stage, the writ petition was filed and this Court by an interim order provided not to accord the required approval towards such selection and appointment.2. Pursuant to the advertisement dated 23.11.1999 issued by the Principal of the B.N. College, Dhubri for the post of Lecturer in Statistics, the petitioner and the respondent No. 5 along with many others offered their candidatures. In the advertisement the specialisation prescribed was special paper in any one of Econometries/Operational Research/ Reliability/Design of Experiments/Multi Vareate Analysis. ...
Assam Chah Karmachari Sangha Vs. Management, Gorunga Tea Estate and an ...
Court: Guwahati
Decided on: Dec-22-2003
B.K. Sharma, J.1. By this writ petition, the Workman has made a grievance against the award dated 8-10-1999 passed by the Presiding Officer, Labour Court, Dibrugarh in Reference case No. 20/98 by which the dispensation of the services of the Workman Atul Bora by the Management -respondent has been up held on the basis of the reference made to it.2. The workman was appointed as a Driver by the Management-respondent on 11-8-1994. As per the averments made in the writ petition his service was regularised w.e.f. 1-10.1995. However all on a sudden the services of the Workman was dispensed with by an order dated 8.6.1996. The said order is quoted below :-'It is hereby notified that the services of Sri Atul Bora who was engaged as a Driver on probation and was working as such till date are no longer required by us with effect from 30th June/96 upto which date he will be allowed his full wages together with one month's pay in lieu of the notice to be given under the General Practice in the Ga...
Dipak Kumar Sinha Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-22-2003
B.K. Sharma, J.1. Heard the learned counsel for the parties. By this writ petition the writ petitioner has prayed for a mandamus directing the respondents to regularize the service of the petitioner as Science Graduate Teacher on Sonapur Public M. E. School with effect from 30.01.1996. The petitioner was appointed by order dated 31.01.1996 as a Science Graduate Teacher in the said school for a period of three months. The terms of his appointment was further extended on two occasions by orders dated 28.06.1996 and 27.08.1996. As per the last extension the services of the petitioner continued till 30th October, 1996. The admitted position is that there is no further extension extending the service of the petitioner. Thereafter different correspondence were made asking for reports, etc., on the status of the service of the petitioner and other similarly situated teachers. In the mean time an advertisement was issued for filling up the posts of Assistant Teacher in provincialised M. V., M...
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