Guwahati Court February 2003 Judgments
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Mahabir Coke Industries Pvt. Ltd. Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Feb-21-2003
Amitava Ray, J.1. The subject-matter of challenge in this batch of writ petitioners are the order dated 28.10.1998 passed by the Superintendent of Taxes , Jalukbari Check Post, Guwahati, respondent No. 2 assessing the petitioner company under Section 17(4) of the Assam General Sales Tax Act, 1993 (hereinafter referred to as the '1993 Act') read with Section 9(2) of the Central Sales Tax Act, 1956 (hereinafter referred to as the '1956Act') for the period ending 31.3.1992 to 1997-1998 as well as the consequential notices of demand on the basis thereof. As common questions of law have arisen, the petitioners were analogously heard and are being disposed of by this common judgment and order. For the sake of brevity and convenience, the relevant facts would be culled out from the pleadings available in Civil Rule No. 6205/98.2. I have heard Dr. A. K. Saraf, learned senior counsel assisted by Mr. S. K. Agarwal for the petitioners and Mr. B. Talukdar, learned State counsel for the respondent...
Gopeswar Saha Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Feb-21-2003
B.B. Deb, J. 1. The order of learned District Judge, West Tripura, Agartala passed under Sub-section (5) of Section 52A of Indian Forest (Tripura Second Amendment) Act, 1986 upholding the order of confiscation of the vehicle (Lorry) belonging to the petitioner passed by the authorized officer (Divisional Forest Officer) in exercise of power under Sub-section (2) of Section 52A of the said Act, has been put under challenge in this writ petition.2. The facts leading to the present petition under Article 226 of the Constitution of India could be summarised thus : The Vehicle bearing No. AXA - 3587 belonging to the petitioner was seized by the authorized officials on 10.5.1993 while it was carrying some wooden timbers without any permit on Assam Agartala Road. The petitioner received two successive notices dated 12th & 17th July, 1993 issued by the authorized officer (Divisional Forest Officer, Teliamura) requiring him to show cause as to why the said vehicle should not be confiscated as...
Maneswar Barman Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-21-2003
A.H. Saikia, J. 1. Admittedly the writ petitioner has been working as Principal and Ex-officio Secretary as well of the Governing Body (for short 'GB') of the Digboi College since 27.10.1997 as normally the Principal of the College has to act as Ex-officio Secretary of the 'GB' as per law. On 7.10.2002 the Respondent No. 2, the Director Higher Education, Assam being the competent authority and empowered by Rule 3 of the Assam Non-Government College Management Rules, 2001 (as amended) (for short, the 'Rules') constituted the. 'GB' of the said College as follows -No. G.(B)/13/2001/24 Dated Kahilipara the 7.10.2002ORDERIn exercise of the power conferred on, vide Notification No. B(2)M 294/ 2001/4 dated Guwahati the 15th June, 2001 and Govt. Notification No. B(2)H 294/2000/39 dated 16.10,2001, the undersigned by Rule 3 of the Assam Non-Government College Management Rules, 2001 as amended, the Governing Body in respect of the Dibgoi College, situated in the District of Tinsukia, Assam and...
Heo Rulho Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-21-2003
B. Lamare, J. 1. Heard Mr. R. Iralu, learned counsel for the petitioner and Ms. N. Rhetso, learned Addl. Central Govt. Standing Counsel. 2. The petitioner is the father of late Ms. Rukhiezonuo. The petitioner has three daughters and four sons. The deceased late Rukhiezonuo was the eldest daughter. The said daughter of the petitioner was shot dead by one Rifleman No. 13747927 U, Ram Rattan of the 5th Bn. J&K; Rifles on 29.6.1996. The story leading to the death of the deceased is clearly mentioned in paragraph 2 and 3 of the writ petition which reads as follows ;- 'That there is an army post at Chiephobozou Village which is not very far from the petitioner's village of Nerhema. On 29.6.1996 the 'C' company 5th Battalion, Jammu and Kashmir Rifles, then posted at Indira Gandhi Stadium, Kohima, moved to Chiephobozou army post. On the same day, sometime in the evening Rifleman No. 13747927 Y, Ram Rattan, 5th Battalion & A.K. Rifles, left the post fully equipped with rams and ammunition wh...
Geetima Kumar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-20-2003
Amitava Roy, J.1. These two writ petitions involve similar questions of law and facts and as such they are being disposed of by this common judgment and order.2. I have heard Mr. R. C. Saikia, learned counsel for the petitioner in WP(C) No, 2039 of 2001 and Mr. D. Saikia learned counsel on behalf of respondent No. 5 and petitioner in WP(C) No. 191/02. Mr. Bhuyan, learned counsel appears on behalf of the Governing Body of the Bazera Anchalik College and the Principal-cum-Secretary thereof. Mr. C. Goswami, learned counsel has appeared on behalf of Mr. Tarun Deka, ex-President of the Bazera Anchalik College and Mr. K. C. Mahanta, learned State counsel represented the State respondents.3. Smt. Geetima Kumar, petitioner in WP(C) 2039/01 is before this Court being aggrieved by the action of the college authority in not putting her name before the State authorities for her regular appointment in Grade-Ill post of the said College, though she has been serving the College, according to her, wi...
Bijon Kumar Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-20-2003
Amitava Roy, J. 1. The subject-matter of challenge in the instant proceeding is the notice dated 4.9.2002 issued by the Divisional Forest Officer, Hailakandi Division, Hailakandi withdrawing the resale notice dated 1.8.2002 whereby tenders were invited for settlement of Dhaleswari River Fishery Mahal upto 19.11.2003. 2. I have heard Mr. P. J. Saikia, learned counsel for the petitioner, Mr. I. H. Laskar and Mr. P.K. Deka, learned counsel for the respondent No. 5 and also Mr. K.C. Mahanta, learned State Counsel, for the respondent Nos. 1 to 4. 3. The factual background for the case in short is that on 26.7.2001 a sale notice was published for settlement of the Daleswari River Fishery Mahal for the period 2001to 2003. Pursuant to the said tender notice dated 26.7.2001 the petitioner as well as the respondent No. 5 offered their bids along with others. The bid of the respondent No. 5 at Rs. 2,50,501 was accepted as the highest bid and by a communication dated 18.2.2002 he was informed th...
C. Shashi Thonger Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Feb-19-2003
B. Lamare, J. 1. Heard Mr. A. Zhimoni, learned counsel for the petitioner, Mrs. Y. Longkumar, learned Government Advocate for the respondents 1, 2, 3 and 4, and Mr. B.N. Sarma, learned counsel for the respondents 5, 6 and 7. 2. The case in brief is that, by an order No. POL-l/Estt/472/99 dated 23rd August, 1999, three posts of the rank of Dy. S.P. from the establishment of Inspector General of Police (Vigilance) were transferred to the establishment of Central Workshop, DEF Kohima and PHQ. The posts were converted into technical posts in the technical wing of the Motor Transport Wing of the Police department. Consequent to the said transfer of the three posts to the Motor Transport Wing (MTW), the respondents No. 5, 6 and 7 who were Inspectors in the MTW were Inspectors in the MTW were promoted as Dy. S.P. in the MTW. 3. The petitioner was promoted as Inspector in the Police department by an order dated 10.11.1993. The petitioner belonged to the Police cadre of the Police department...
Dr. Anup Kumar Pow Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-19-2003
D. Biswas, J. 1. Writ petition No. 4303 of 2002 has been filed by Dr. Anup Kumar Pow for quashment of the order of allotment of a seat in Post Graduate Course in Obstetrics and Gynaecology allotted to the private respondent Dr. Jitumoni Das in the Assam Medical College for the Sessions 1997-98 and for consequential direction to allot the said seat to the petitioner.2. Writ Petition (C) No. 7717 has been filed by Dr. Jitumoni Das for appropriate direction for striking/deleting the name of Dr. Anup Kumar Pow (private Respondent No. 4) from the merit list of the Entrance Examination for Post Graduate Medical Courses, .1998 (held in July/2000).3. I have heard Mr. B.D. Goswami, learned Counsel for the petitioner Dr. Anup Kumar Pow in Writ Petition (C) No. 4303 of 2002 and Shri B.J. Talukdar, Government Advocate, Assam arid Mr. J.L. Sarkar, learned Counsel for the Respondent No. 4. Both the petitions arising out of the same controversy are being disposed of by this common judgment.4. Dr. Po...
Subal Chandra Saha Vs. Pritikana Saha
Court: Guwahati
Decided on: Feb-17-2003
B.B. Deb, J. 1. Heard Mr. P. Roy Barman, learned counsel for the petitioner and Mr. A. Banerjee, learned counsel for the respondent.2. The husband petitioner filed this criminal revision petition against the judgment dated 12.11.2002 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Revision No. 20(2)72002.3. The respondent wife filed a petition seeking maintenance under Section 125 of the Cr.PC in Misc. case No. 42/1999 before the learned Additional Chief Judicial Magistrate, West Tripura, Agartala. The learned Additional Chief Judicial Magistrate being the Trial Court after recording evidence, hearing the parties, disposed of the maintenance petition vide Judgment dated 1.2.2002, whereby the learned Trial Court allowed a maintenance of Rs. 1,000 per month to be paid by the husband, petitioner herein, for the maintenance of minor daughter Smt. Sumana Saha, while rejected the prayer of maintenance of the wife, Smt. Pritikana Saha. The learned Trial Court disall...
Kirpal Singh Vs. State of Assam and anr.
Court: Guwahati
Decided on: Feb-17-2003
1. The basic facts, as mentioned in the judgment of the learned Single Judge, are that on 6.3.1995, one Sri Marshal Tapna filed an FIR stating therein that her minor girl Smt. Puspa Tapna, aged about 15 to 16 years, was kidnapped by one A.M. Bahadur. During the course of investigation, the girl was recovered and was examined by the doctor. Her statement under Section 164 of the Code of Criminal Procedure was also recorded. The police thereafter submitted charge sheet against A. M. Bahadur Biswa Karma under Section 366 of the Indian Penal Code and against the appellant Sri Kirpal Singh, showing him as absconder under Section 376 of the Indian Penal Code.2. The petitioner-appellant has approached this Court by filing a writ petition under Articles 226 of the Constitution of India challenging the framing of charge under Section 376 of the Indian Penal Code against the petitioner-appellant. The statement recorded under Section 164 of the Code of Criminal Procedure by the Judicial Magistra...
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