Guwahati Court February 2003 Judgments
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Biraj Kumar Barua and anr. Vs. Barua and Barua Drugs Pvt. Ltd. and anr ...
Court: Guwahati
Decided on: Feb-17-2003
1. The instant company petition has been filed for winding up the respondent-company, i.e., M/s Barua and Barua Drugs Private Limited. The petitioners, who are the promoters of the respondent-company, have prayed for winding up, inter alia, on the ground that though the respondent-company was incorporated in the year 1992, no shares were subscribed and no statutory meeting of the company was held. The statutory returns were also not submitted by the company to the jurisdictional Registrar of Companies. A perusal of the averments made in the company petition would go to show that though the petitioners themselves are the promoters of the respondent-company, they have tried to shift the responsibility for the inability of the company to commence its business on the respondent No. 2, who according to the petitioners, was appointed as the Managing Director. On the aforesaid broad basis and particularly, in view of the fact that the respondent-company is yet to commence its business, the p...
Puspa Kanta Sharma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-17-2003
A.H. Saikia, J. 1. Heard Mr. A. B. Choudhury, learned counsel for the petitioner. Also heard Mr. A. Thakur, learned State Counsel appearing on behalf of the State respondents. None appears on behalf of private respondent Nos. 5 and 6 notwithstanding notice.2. The only grievance in the instant case is that the petitioner, admittedly being senior to respondent Nos. 5 and 6, working under respondent No. 2, Director General of Police, Assam, Ulubari, has been denied his due promotion from the Upper Division Assistant to the rank of Head Assistant when his juniors, i.e., respondent Nos. 5 and 6 were promoted to the post or Head Assistant by the impugned order dated 21-10.2000 issued by respondent No. 3, the Deputy Inspector of Police, Assam, Guwahati. According to him, the criteria for such promotion is 'seniority-cum-merit' and in support of this contention, reliance has been placed on' the government decision/instruction vide No. ABP.178/74/2 dated 26.8.1974 and No. ABP. 178/74/6 dated...
Jagadish Deka Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-17-2003
Amitava Roy, J. 1. Being aggrieved by the inaction of the State respondents in regularising his services, the petitioner is before this Court seeking redress, I have heared Mr. Sarma, learned counsel for the petitioner and also Mr. K.C. Mahanta, learned State counsel. 2. The petitioner was appointed as a Driver in the Office of the District Elementary Education Officer, Nalbari on 16.12.1988. Though he was initially appointed for a period of 90 days, his appointment was thereafter extended from time to time. His appointment was in the scale of Rs. 420/- to 730/-. Eventually, he was allowed to draw the fixed pay at the rate of Rs. 1330/- per month with effect from 1.9.1997. The petitioner has categorically stated in the petition that he is in continuous services from 16.12.1988. His prayer before the State authorities for regularisation of his service has fallen into deaf ear. This Court by order dated 19.8.1998 passed in Misc. Case No. 880/98 directed that the petitioner should not ...
Bishnu Halder Vs. State of Assam
Court: Guwahati
Decided on: Feb-17-2003
D. Biswas, J. 1. This petition under Articles 226/227 of the Constitution has been directed against the Judgment dated 28.6.2002 passed by the District Consumer Disputes Redressal Forum, Kamrup, Guwahati in CP Case No. 70 of 2001. The District Forum by the impugned judgment has directed the petitioner to pay Rs. 15,000/- as compensation, Rs. 9,000/- as material cost of the consignment, Rs. 378/- as freight charge and Rs. 500/- as cost to the complainant-respondent within 45 days. Being aggrieved thereby, the petitioner has filed this petition. 2. Right at the stage of motion hearing, the question came up for consideration as to whether a writ petition against the final orders of the District Forum would be maintainable in view of the provisions of appeal under Section 17 of the Consumer Protection Act, 1986. Dr. Bhattacharya, learned Counsel submitted that there is no provision in the Act enabling the State Commission, the Appellate Authority, to pass any order of stay and, therefore...
Dutta Barua and Co. and anr. Vs. Assam Financial Corporation and ors.
Court: Guwahati
Decided on: Feb-17-2003
D. Biswas, J. 1. The petitioner No. 1 M/s. Dutta Baura and Company is a partnership firm. The petitioner No. 2 is the Managing Director and Sree Guru Press is a unit therefore. In order to modernize and upgrade the Press, the petitioners approached the Assam Financial Corporation for financial assistance. Against a sum of Rs. 11,75 lakhs sanctioned, the petitioners were paid Rs. 9,37,151.41 only. Because of delay in the disbursement and inadequacy thereof, the petitioner could not purchase all the machineries required for the upgrading the press. The entire project, therefore, remained a non-starter. Even then, the petitioners repaid Rs. 6,91,113.32 out of which Rs. 7,21,936.80 was adjusted against interest and Rs. 2,39,171.52 against principal. In the month of June, 1999, the AFC served a copy of the notice under Section 29 of the Act of 1951 for taking over the management reserving right to transfer the mortgaged property by way of sale of lease. 2. The petitioner challenged the af...
Shri Nirmal Moran Vs. State of Assam
Court: Guwahati
Decided on: Feb-14-2003
Ranjan Gogoi, J. 1. This appeal is directed against the judgment and order dated 29-5-97 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 42(T) of 1991 convicting the accused appellant under Section 302 of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo Rigorous Imprisonment for a further period of 2 years.2. The prosecution case, in short, is that on 26-6-89 at about 6.30 AM, PW-3 Lakhikanta Baruah lodged a written ejahar (exhibit-1) in the Digboi Police Station stating that at about 7 p.m. in the evening of the previous day, while his son Arun Baruah accompanied by Bipin Moran (PW-4) was proceeding by the village path, the accused appellant along with some other members of his family, surrounding the aforesaid Arun Baruah and hacked him to death. In the ejahar, lodged, it has further been stated that PW-4 Bipin Moran reported the incident to the first informant. On receipt ...
Shree Automobiles Private Limited Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Feb-14-2003
Ranjan Gogoi, J. 1. The challenge in the present writ application is against a notice dated September 23, 1993 issued by the Deputy Commissioner of Taxes, Guwahati Zone-C, under Section 36(1) of the Assam General Sales Tax Act, 1993 read with Section 9(2) of the Central Sales Tax Act, 1956. By the aforesaid notice, a suo motu revision of the assessment of the petitioner-firm under the Central Sales Tax Act for the period ending March 31, 1992 and September 30, 1992 was proposed by the authority. The writ petition has come up before this Court challenging the aforesaid notice by contending that the same has not been lawfully issued and therefore, would be open to appropriate interference by this Court.2. The facts of the case, in brief, may be recited hereinbelow : The assessments of the petitioner-company in respect of its liability under the Central Sales Tax Act, 1956 for the two periods in question were completed under Section 17(4) of the Assam Sales Tax Act, 1947 read with Secti...
Bongaigaon Stores and anr. Vs. Moolchand Kucheria and ors.
Court: Guwahati
Decided on: Feb-14-2003
I.A. Ansari, J.1. The order under challenge in the present revision was passed, on 20.11.2001, by the learned Civil Judge (Junior Division), Bongaigaon, in Misc. (J) Case No. 12/2001, arising out of the Title Suit No. 02/2000, directing restoration of the suit aforementioned.2. In a nutshell, material facts leading to this revision may be stated as follows:(i) The opposite party instituted, as plaintiffs, Title Suit No. 02/2000 aforementioned and the same was dismissed for default on 3.7.2001. The plaintiffs filed an application, on 6.8.2001, under Order 9, Rule 9 CPC in the learned Court below seeking, restoration of the suit on the ground that there was mistake on the part of the Advocate's clerk in taking down the date fixed in the suit and as a result thereof, no steps could be taken on 3.7.2001 on behalf of the plaintiffs and the suit was dismissed for default and that the plaintiffs came to know about the same on 19.7.2001. This application gave rise to Misc. (J) Case No. 12/ 20...
Hridyananda Sharma Vs. State of Assam
Court: Guwahati
Decided on: Feb-14-2003
I.A. Ansari, J. 1. This is an application made under Section 438, Cr. PC seeking pre-arrest bail by the petitioner, namely, Sri Hridyananda Sharma in connection with CID P.S. Case No. 47/2002 under Section 68A of Copyright Act. 2. Perused the above application and the materials on record. Also perused the relevant case diary. 3. Heard Mr. B.K. Mahajan, learned counsel for the petitioner, and Mr. M. Munir, learned Public Prosecutor, Assam for the respondent. 4. It is submitted, on behalf of the petitioner, that since the offence alleged to have been committed by the petitioner is punishable under Section 68A of the Copyright Act (hereinafter referred to as 'the said Act') and the punishment prescribed therein is upto 3 (three) years, the same may be treated as a bailable offence and this Court may make necessary observations in this regard so that the petitioner may, if need be, apply for regular bail in the learned Court below. Alternatively, it is submitted that even if it is tre...
Assam State Co-operative Marketing and Consumers' Federation Ltd. Vs. ...
Court: Guwahati
Decided on: Feb-13-2003
S.K. Kar, J. 1. This is an appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, against the order dated 18.11.1998 passed by the learned Railway Claims Tribunal, Guwahati, in Application No. 34/97 (Misc. 90/91).2. The material facts, in brief, may be stated as follows :A consignment of 180 bags of Mustard seeds, booked under invoice No. 45/412957 dated 16.6.1988 from Mathura to New Guwahati was delivered at the destination in a damaged condition and out of 180 bags of Mustard seed 49,35 qntl. were found short. The appellant preferred an application before the Railway Claims Tribunal, Guwahati for a compensation of Rs. 32,176.00 at the rate of Rs. 652 per quintal but was awarded only Rs. 19,400.00 @ Rs.500 per quintal.3. Heard the learned counsel for both sides. Perused the relevant materials in the case record that was called for and forwarded.4. The limited submissions of the learned counsel for the appellant is that the decision of the. Tribunal to fix the price ...
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