Guwahati Court March 2003 Judgments
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Dewan Joynal AbedIn Vs. Wazed Ali Chaudhury
Court: Guwahati
Decided on: Mar-31-2003
P.G. Agarwal, J. 1. This election petition under Sections 80, 80-A, 81 and 100 of the Representation of the People Apt, 195l, for short, the Act, has been preferred by the petitioner Shri Dewan Joynal Abedin, for short, the petitioner, challenging the election of the respondent Shri Wazed Ali Choudhury to the Assam Legislative Assembly in respect of No. 22, South Salmara Constituency, hereinafter referred as the LAC. 2. The election for the No. 22 South Salmare LAC, was held as per the Election Commission Notification dated 31-3-2001 along with the general election to the Assam State Legislative Assembly. The polling was held on 10-5-2001 and the votes were counted on 13-5-2001. Altogether either candidates including the petitioner and the respondent contested the election of the said LAC and as per the result of the election, declared on 14-5-2001, the actual number of votes received by the candidates were as below :--(1) Wazed Ali Choudhury47,329 votes (Respondent)(2) Jahir Uddin1...
Bhabani Sarma Vs. Narayan Sarma and anr.
Court: Guwahati
Decided on: Mar-28-2003
S.K. Kar, J. 1. I have heard in length learned Senior Counsel Mr. B.K. Goswami for the appellant, learned Senior Counsel Mr. C.K.S. Baruah for the pro forma respondent and learned senior counsel Mr. H.N. Sarma for the respondent/plaintiff assisted by their respective juniors.2. Shri Bhabani Sarma, defendant No. 2 of the main suit has presented this second appeal. Shri Narayan Sarma is the respondent/plaintiff and Shri Ajit Sarma defendant No. 1 of the suit is the pro forma-respondent No. 2.3. The facts giving rise to presentation of the suit, T. S. No. 35/99, before Munsiff No. 1, Nalbari, are as follows. Respondent/ plaintiff, Narayan Sarma initially filed the suit on 2-8-1988 against pro forma respondent No. 2 for the rectification of the registered sale-deed No. 389/87 executed in his favour on 18-2-87 by Ajit Sarma.4. Respondent/plaintiff pleaded, inter alia, that he and pro forma-respondent No. 2 were known to each other as they are neighbours and pro forma-respondent proposed ...
Sivasagar Municipal Board Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-28-2003
A.H. Saikia, J. 1. Heard Mr. K.N. Choudhury, learned Sr. Counsel assisted by Mr. P. Bora, learned counsel for the petitioner. Also heard Mr. R. Chakravorty, learned State Counsel appearing on behalf of the State-Respondents and Mr. G.N. Sahewalla, learned Sr. Counsel assisted by Mr. B. Sharma, learned counsel appearing on behalf of private Respondent No. 4.2. Considering the nature of controversy involved in this writ petition as well as on consent of the learned Counsel for the parties, this petition is taken up for final termination to day itself at the motion stage.3. The Respondent No. 4 has been settled with Parking Zone under the petitioner on 22-8-2002 for the period 2002-2003 in terms of NIT dated 17-5-2002. While the Respondent No. 4 had been enjoying the said settlement, he had been found to be in default of payment of Kist money as well as non-execution of the lease deed, for which the petitioner had to issue communication dated 8-11-2002 (Annexure-VII to the writ petition...
Hls Asia Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-28-2003
D. Biswas, J. 1. The question to be answered in this petition is whether services rendered in wire line logging and perforation activities consisting of electronic/seismic scanning of subterranean strata and rock formation in Oil fields is sale within the meaning of Section 2(33) of the Assam General Sales Tax Act, 1993, hereinafter called the Act. 2. The petitioner, is a public limited company engaged in contract, business with the Oil India Limited and it renders high professional and technical services in prospecting, extraction and production of oil, and also engage themselves in wire line logging activities. The petitioner company executed a contract with the OIL in the year 1995 for wire line logging and perforation activities. On completion thereof, another contract was also executed on 10.9.1999 for similar type of work. 3. The dispute relates to the subsequent contract. The OIL wanted to deduct sales tax at source under Section 27 of the Act of 1993 as per terms of the con...
Pannalal Ghosh and ors. Vs. Nani Gopal Ghosh and ors.
Court: Guwahati
Decided on: Mar-27-2003
Ranjan Gogoi, J 1. Both the letters patent appeals being directed against the common Judgment and order passed by the learned Single Judge of this Court are taken up for consideration together and are being disposed of by the present Judgment and Order.2. The appellants in LPA No. 13/1997, i.e., Shri Pannalal Ghosh and others Instituted a suit being Title Suit No. 1/1988 (earlier No. T.S. 12/ 1976) in the Court of learned District Judge, North Tripura, Kailashahar praying for a declaration that the deed of Nadabi (deed of relinquishment) executed by the defendant No. 1 on 28.8.1990 in favour of the defendant Nos. 2 and 3 in the suit is null and void and inoperative in law. Further consequential relief for declaration of the plaintiffs' right, title and interest in the land described in the Schedule A to the plaint and for recovery of possession of the land mentioned in Schedule B to the plaint were prayed for by the plaintiffs in the suit.3. The case of the plaintiffs', in short, is t...
Shyamal Kumar Das Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Mar-27-2003
Ranjan Gogoi, J.1. Heard Mr. A.K. Bhowmik, learned senior counsel being assisted by Mr. A.K. Deb, learned counsel for the petitioner and Mr. R. Dasgupta, learned counsel for the respondents.2. Though there appears to be a formal defect in the writ petition as two separate causes of action have been combined, yet having regard to the fact that this case has been pending for over almost a decade now, this court is not inclined to refuse to the writ petitioner an adjudication on the merits of the controversy.3. The facts, in brief, may be noted as hereunder :- The writ petitioner was appointed as Sub-Inspector of Police by an order dated 16.10.1989. The aforesaid appointment was made on the basis of the recommendation of the Public Service Commission and was against a vacancy earmarked for the candidates belonging to Scheduled Castes. The petitioner at the time of his selection and prior to his appointment had claimed to be a member of Scheduled Caste and had furnished a certificate to t...
Jiten Hazarika Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-27-2003
S.K. Kar, J.1. The petitioner Shri Jiten Hazarika a Grade III employee of C.K.B, College, Teok, was removed from service by order dated 24.8.2000 of the Principal Incharqe and Secretary of the College vide his Memo No CKBC/ESST/Dismissal/2000/2.2. It is alleged that on 22.3.2000 he was served with a notice to show cause against certain allegations and he showed cause by his reply dated 28.3.2000 denying all charges as concocted and fabricated. That on 22.5.2000 petitioner was served with notice of inquiry (domestic) asking him to appear before 'joint Enquiry Committee' on 24.5.2000 adding fresh charges other than those already mentioned in earlier notice dated 22.3.2000 and arrying another three persons as delinquents. That the petitioner registered his objection to such 'impermissible' inquiry vide letter dated 23.5.2000, opining it violative of the principles of relevant guidelines. That during the proceeding taken on 24.5.2000 Principal in-charge was sitting along with the two staf...
Hrishikesh Das Vs. Nirmalaya Dasgupta
Court: Guwahati
Decided on: Mar-27-2003
A.H. Saikia, J. 1. Heard Ms. T. Yangi, learned counsel for the petitioner. Also heard Mr. R. Choudhury and Mr. A. Khan, learned counsel appearing on behalf of the respondents. 2. By this revision petition, petitioner has prayed for quashing the proceeding in complaint case No. 884(S)2001 under Section 120(B), 409 and 420 IPC lodged by the complainant/respondent. 3. I have carefully perused the complaint petition and from the perusal of the aforesaid complaint petition it appears that the petitioner impressed upon the respondent to part with an amount of Rs. 5,50,000 (Rupees five lakhs fifty thousand) only and odd with an assurance to get his nice admitted in one of the Dental Colleges namely Oxford Dental College, Rajib Gandhi College of Dental Sciences and Dr. M.P. Ambedkar Dental College, all are at Bangalore. But ultimately petitioner's niece was refused to such admission in any of the said Colleges and as such, it was alleged that the petitioner had cheated the respondent by dec...
Malza D. Shira Vs. Archana Marak and anr.
Court: Guwahati
Decided on: Mar-27-2003
P.P. Naolekar, CJ. 1. None appears for the respondents.2. The petitioner-husband Shri Malza D. Shira has filed a suit for divorce under Section 10 of the Indian Divorce Act, 1869 (for short 'the Act'). It is alleged that Smti Archana Marak, the wife of the petitioner and Simon Sangma, had adulterous relations. His wife has deserted him without any justifiable cause. The respondent No. 1, the wife has entered appearance and filed her written statement denying the allegations of adultery and desertion. On the contrary, she has alleged adultery, cruelty and desertion on the part of the husband. She further prayed for return of all the matrimonial properties and maintenance of Rs. 2,000 per month for herself and minor children. The Court below after recording evidence of the parties have reached to the conclusion that both the parties have failed to prove the adultery alleged by them against each other. However, the wife has successfully proved the cruelty and desertion against the petit...
JaIn Salt Trading Co. Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-26-2003
S.K. Kar, J. 1. This is an appeal, under Section 23 of the Railway Claims Tribunal (in short RCT) Act, 1987, arising out of Application No. Misc. 31/98 challenging the order dated 2.11.1998 passed by the learned Railway Claims Tribunal, Guwahati, refusing condonation of delay to admit the claim for hearing on merit. 2. The applicant M/s Jain Salt Trading Company, Main Road, Bongaigaon submitted that a consignment of 795 bags of iodised salt was booked from Chirai Rly, Station to New Bongaigaon under invoice No. 118/ 279951, dated 9.3.1994. The consignment was not delivered at the destination. The appellant preferred claim of Rs. 52229.00 for nondelivery of the same. That the claim preferred was not settled immediately and only on 30.7.1997 the respondent-Railway offered Rs. 40291.00 as compensation which was accepted by the appellant under protest. The claim-petition was thereafter presented on 9.3.1998 for the balance amount of compensation amounting to Rs. 10080.00 alongwith pray...
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