Guwahati Court December 2003 Judgments
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Dwijendra Kumar Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-04-2003
B.K. Sharma, J.1. The grievance made in the writ petition is in respect of Annexures 6 and 7 orders dated 2.8.1999 and 13.9.1999 respectively. By the said order dated 2.8.1999 one Madhu Nath Sarmah respondent No. 4 herein was sought to be transferred to the school in which the petitioner has been working. By Annexure 7 order dated 13.9.1999, the salary of the writ petitioner along with one Shri Ramesh Ch. Kalita, Assistant Teacher of the said school was held up temporarily. It was at that stage the petitioner approached this Court by filing this writ petition making a grievance against the said Annexure 6 and 7 orders dated 2.8.1999 and 13.9.1999. The interim prayer was made for staying the operation of the said order and the Court by orders dated 29.9.1999 was pleased to stay the order dated 13.9.1999 by which the monthly salary of the petitioner was directed to be stopped.2. Heard Mr. G.K. Bhattacharya, learned senior counsel for the petitioner and the learned junior Govt. Advocate ...
Daroga Prasad Kanu Vs. Monoranjan Ghose and ors.
Court: Guwahati
Decided on: Dec-04-2003
P.G. Agarwal, J.1. Heard Mr. H.A. Sarkar, learned counsel for the petitioner and Mr. S. Dutta, learned counsel for the respondent.2. This civil revision under Section 115 CPC is directed against the judgment and decree passed by the Civil Judge, (Senior Division), Dhubri in Title Appeal No. 16/1997, whereby a decree passed by the trial court in Title suit No. 140/90 was affirmed.3. The facts of the present case in brief are that the plaintiff Sri Monoranjan Ghose was the owner of the suit premises, which was rented cut to the petitioner/defendant. The plaintiff instituted the said Title Suit praying for eviction of the defendant on the ground of bona fide requirement, default of payment of rent and on the ground that the premises are required for reconstruction. The suit was contested by the defendant by filing a written statement denying the pleas raised by the plaintiff. The trial court framed as many as 9 issues out of which issue No. 5, 6 and 7 are relevant issues. The other issu...
Riazul HussaIn and anr. Vs. State of Assam
Court: Guwahati
Decided on: Dec-04-2003
P.G. Agarwal, J.1. Heard the learned, counsel for both sides.2. The two appellants before us Riazul Hussain and Jamir Uddin were tried for the offence Under Section 302/34 IPC by the Sessions Judge, Cachar, Silchar in Sessions Case No. 73/94 (G.R. Case No. 166 of 1993) and they were sentenced to imprisonment for seven years and to pay a fine of Rs. 2,000 in default, further imprisonment for two months.3. The prosecution case in brief is that on 8.9.1993 at about 9.30 PM while Masaraf Hussain was returning, home, the two accused persons caught hold of him in front of the river Rukni and assaulted him with dagger as a result of which the said Masaraf Hussain sustained serious injuries and he was removed to Hospital, where he succumbed to the injuries.4. PW 1 Dr. Kalyan Kumar Chakravarty held the autopsy over the dead body and found the following injuries on the person of the deceased : 'Injuries : (1) Cut injury on the right shoulder blade 7cm medial to shoulder tip measuring 3 x 1/4 x ...
Birendra Pratap Singh Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Dec-04-2003
I.A. Ansari, J.1. It is not uncommon to have litigation over the question of seniority amongst the employees. A model employer is one, who minimizes such litigations by giving consistent, fair and transparent deal to his employees and desists from undertaking ad hoc exercise instead of giving regular promotion. When a State indulges in ad hocism, it not only invites litigation with its own employees, but also creates causes and generates litigations among its employees, which results in bitterness among the employees and is bound to affect the organizational efficiency of the institution concerned, for, such acts of ad hocism lead to animosity, jealousy and anguish among the employees inasmuch as those, who do not receive the benefit of ad hocism, consider themselves dealt with unjustly and discriminated against those, who have been the beneficiary of such ad hocism. Thus, ad hocism creates litigations not only between the employer and the employees, but also between those, who receiv...
National Organic Chemical Industries Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-04-2003
P.G. Agarwal, J. 1. Heard Dr. A.K. Saraf, learned senior counsel for the petitioner and the learned Government Advocate for the respondent. 2. The petitioner before us is a public limited company engaged in the business of manufacturing polymers and rubber chemicals. In this writ petition the petitioner has challenged the notice dated 8.5.1997, 15.7.1997 and 2.9.1997 for recovery of certain amounts mentioned in the writ petition. 3. The case of the petitioner in brief, is that the Government of Assam introduced the new Industrial Policy in the year 1982 and the said policy was extended from time to time and the matter is in respect of the Industrial Policy of 1991. Under the 1991 Industrial Policy certain units covered by the policy were entitled to exemption from the payment of sale tax on purchase of raw materials as well as on sale of finished products for a period of five years. Thereafter, pursuant to the said policy decision, the State of Assam issued the notification, known as...
Bankim Chandra Kalita Vs. the State of Assam
Court: Guwahati
Decided on: Dec-04-2003
P.G. Agarwal, J.1. The appellant, before us, Sri Bankim Chandra Kalita was convicted under Section 304 Part-III of IPC by the Sessions Judge, Nalbari in Sessions Case No. 30/1993 and he was sentenced to imprisonment, for five years and to pay a fine of Rs. 1,000 in default to further imprisonment for two months.2. The prosecution story of the case, in brief, is that on 8.7.1992 at about 8.00 a.m. a quarrel took place between the two neighbours, namely, Bankim Ch. Kalita and Tarju Kalita, whereupon it is alleged, the accused appellant Bikram Ch. Kalita assaulted the deceased Tarju Kalita with a hoe causing injury on the head. The injured was removed to hospital and F.I.R. Exhibit-1 was lodged by the wife of the injured. Subsequently, the injured succumbed to the injuries.3. P.W. 9, Dr. K.C. Basumatary, who held autopsy on the dead body and found the following injuries on the person of the deceased ;'Lacerated wound 4.5 cm x 2.5 cm with stitches in the right side of the forehead 3.5 cm ...
Dimbeswar Saikia Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-04-2003
B.K. Sharma, J.1. Since the common question of facts and law are involved in both the writ petitions, the same have been taken up together for decision. In both the writ petitions, the grievance made is in respect of a common order of dismissal passed against the petitioners pursuant to the departmental proceeding. The charge relating to the initiation of the departmental proceeding against the petitioners can be found at Annexure-2, Memorandum dated December 1995. For ready reference the statement of articles of charges and the statement of imputation of neglect and remisaness, in support of articles of charges framed against the petitioners are quoted below : -'Statement of Articles of Charges Framed Against NK Balbir Singh, No. 802030084 NK Gurdas Ram And No. 810490624 L/NK D. Saikia of D/35 BN. CRPF.'That said No. 690192558 NK Balbir Singh of D/35 BN. CRPF was guilty of neglect of duty u/s 11(1) of CRPF Act, 1949, in that he did not exercise proper command and control over his men...
Commissioner of Income-tax Vs. George Williamson (Assam) Ltd.
Court: Guwahati
Decided on: Dec-04-2003
P.P. Naolekar C.J. 1. The facts giving rise to the filing of these appeals and the questions of law raised are similar, we propose to dispose of these appeals by a common judgment and order.2. All these appeals have been preferred by the Revenue against the respondent companies for the relevant assessment years 1988-89 to 1991-92. The relevant facts necessary for disposal of these appeals are that the respondent-companies carry on business and follow the mercantile system of accounting and close their accounts on June 30 each year. The respondent-companies filed their returns and claimed deduction of lease rent paid in respect of the plant and machinery taken on lease, which had earlier been shown as sold in the previous years relevant to the assessment years. After the sale of plant and machinery, the assessee-companies took them back immediately on lease from the respective buyers for use in the business run by the company and they were being used as before. During the previous yea...
Kamal Kanta Paul Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-03-2003
B.K. Sharma, J.Heard Mr. R.K. Malakar, learned counsel of the petitioner and Mr. Thomas appearing on behalf of Education Department, Assam.1. The grievance made in the writ petition is in respect of non-regularisation of the services of the petitioner as Assistant Teacher of Saidpur Janata M.E. School in the District of Cachar. It appears that the petitioner was appointed in pursuance of a resolution adopted by the Management Committee of the School on 1.3.1988. Mr. Malakar submits that the school in which he was appointed by the Managing Committee was provincialised way back in 1977. If this is so, the Managing Committee could not have appointed the petitioner in the school. By order dated 4.2.1994, the Director of Elementary Education, Assam, while sanctioning and allotting five posts of Assistant Teacher for middle school, sanctioned one such post in favour of the petitioner. However, certain conditions were mentioned in the said letter. As per the condition No. 3, the posts were ...
Roshswan Gogoi Vs. Bhaba Hazarika
Court: Guwahati
Decided on: Dec-03-2003
P.G. Agarwal, J. 1. Heard Mr. P.C. Gayan, learned counsel for the petitioner. None has appeared for the respondent although notices were duly served.2. At the instance of the petitioner before us, a proceeding under Section 145 Cr.P.C. in Misc. Case No. 339/93 was drawn up in respect of a plot of land measuring 1 bigha 3 kathas and 15 lechas of land situated at village Nawsaliagaon, under Charigaon Mouza covered by periodic patta No. 110 and Dag No. 1298 (hereinafter referred as the DL. The boundary of the DL was mentioned in the preliminary order passed by the court. The case of the petitioner is that he was in possession of the DL but he has been forcibly dispossessed by the respondent 2nd party on 20.8.1993. The respondent 2nd party contested the proceeding denying the claim of the petitioner and claimed that they are in possession of the DL for the last 35 years. On conclusion of the enquiry the learned trial Magistrate vide impugned order dated 5.4.1997 declared, that the petit...
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