Guwahati Court March 2003 Judgments
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Makh Mod Ali Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-06-2003
B.B. Deb, J. 1. This writ petition pertains to settlement of No. 41 Roko River Fishery. The respondent No. 3, Sub-Divisional Officer (Civil), Lakhipur, Cachar floated tender inviting quotations for setting 41 Roko River Fishery vide Memo No. LRF.1/97/42 dated 15.1.2000 for 3 years. Pursuant to the NIT the petitioner offered his bid. Other persons also participated. Among eligible bidders, the petitioner's bid was highest at Rs. 11,000/-while the private respondent No. 4 offered a bid of Rs. 4,711/-. Without any valid reason whatsoever the authority settled the said fishery with the respondent No. 4 for a period of 3(three) years from 1.3.2000 to 28.2.2003 by the impugned settlement order bearing No. LRF.1/2K/SA dated 7th March, 2000. The petitioner made a representation on 28.3.2000 seeking for an enquiry into the matter but in vain. Hence he filed this writ petition seeking cancellation of settlement granted in favour of respondent No. 4 and for a mandamus commanding the respondents...
Sibanath Deuri Vs. Assam State Transport Corporation and ors.
Court: Guwahati
Decided on: Mar-06-2003
1. The petitioner-appellant, who was a Conductor in the Assam State Transport Corporation, was charge-sheeted for carrying 17 passengers without ticket after collecting fares from them. He was also charge-sheeted that he has been penalised departmentally on four earlier occasions with punishment such as stoppage of annual increments, severe warnings, etc. In spite of repeated warnings he had failed to rectify himself and again involved in the present case of misappropriation of Corporation money by deliberately carrying 17 passengers without tickets on 30.12.1999. After conduct of necessary enquiry, charges framed were found to be true and as a result thereof, he was removed from service by order dated 10.12.2001. Aggrieved by the said order, the petitioner-appellant, instead of going to the Labour Curt, directly approached the High Court by filing the writ petition.2. The only contention raised before the learned Single Judge as well as before us is that the imposition of punishment...
Jahira Nessa Bewa Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-06-2003
B.B. Deb, J. 1. This writ petition has been registered pursuant to an order of the Hon'ble Chief Justice on 7.1.1998 on an application dated 6.10.1997 filed by Jahir Nessa Bewa alleging, inter alia, that her husband Md. Faizuddin Ali was arrested on 8.9.1997 by the O. C., Dhupdhara PS (Goalpara district) and as a result of inhuman Police torture her husband died in Police lock-up. She made a written allegation to the Superintendent of Police (SP), Goalpara and the Deputy Commissioner, Goalpara, but getting no response, she at last approached the Hon'ble Chief Justice. The notice was issued vide order dated 3.2.1998. An affidavit-in-opposition has been filed by the Addl. SP of Police, Goalpara. The SP, Goalpara also furnished a report on 4.3.1998 on custodial death of Faizuddin Seikh addressing the Sr. Govt. Advocate, Assam which is annexed with the affidavit-in-opposition. The affidavit-in-opposition contends that on the unnatural death of Faizuddin Seikh an U.D. case (Unnatural deat...
Commissioner of Income-tax Vs. Forest Development Corporation
Court: Guwahati
Decided on: Mar-06-2003
P. P. Naolekar, C.J.1. The Income-tax Tribunal, in its order, dated 21.2.2001, passed in ITA No. 53(Gau)/1993 and 396 (Gau) of 1993, for the assessment years 1988-89 and 1989-90, gave direction which reads as under :'We are in agreement with the learned CIT (A) that the computation of income under Section 115J is required to be done totally on the basis of book figures and has got nothing to do with the income-tax assessment.'2. The Revenue, being aggrieved, by the direction quoted above, has approached this Court seeking clarification that the direction given by the Income-tax Tribunal could be read as if the entire provision of Section 115J of the Income-tax Act, 1961 has no application and it shall only be decided on the basis of book figures of the present year.3. Having considered the submission, we are of the view that the direction given by the Tribunal has to be interpreted and read, to arrive at the profit of the assessment year, if any, in accordance with Section 115J of the...
Dharani Dutta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-06-2003
1. The promotion order has been issued of the appellant-petitioner by one District Elementary Education Officer from the post of Lower Division Assistant of the office of the Deputy Inspector of Schools, North Lakhimpur to the post of Upper Division Assistant temporarily with effect from the date of joining. This order was subject to the approval of the Director of Elementary Education. The promotion order was sent for approval to the Director of Elementary Education, Assam. He has cancelled this order by its order dated 9.2.2001 on two grounds. First, that the order issued by the District Elementary Education Officer is issued during the ban period and secondly, the order of promotion issued by the District Elementary Education Officer, Lakhimpur is without authority and is illegal void ab initio. Thus,3. For the aforesaid reasons, the order of cancellation issued for non-grant of approval by the Director of Elementary Education is in accordance with law. No interference is called f...
Nurul Islam Laskar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-06-2003
B.B. Deb, J. 1. The present writ petition is the second phase of litigation pertaining to sub-wholesale dealership licence of kerosene oil.2. The petitioner is an unemployed graduate finding no alternative for employment decided to start business within the territorial jurisdiction of Mohanpur Gaon Panchayat Level Co-operative Society Ltd. within the district Hilakandi. As many as 40 numbers of retail fair price shop dealers have been doing business in Kerosene oil under the supervision of Gaon Panchayat Level Co-operative Society Ltd. But since the Panchayat could not provide any storage, the retail fair price shop dealers had been facing great difficulties to lift kerosene oil from the wholeseller situated at a long distance. The petitioner applied for sub-wholesaler dealership licence for storage and selling kerosene oil at Algapur, Hilakandi. The authority having considered the feasibility, capability etc. issued a storage licence under the Petroleum Act, 1954 vide licence dated ...
Kanakeswar Narzary Vs. Deputy Commissioner and ors.
Court: Guwahati
Decided on: Mar-05-2003
I.A. Ansari, J. 1. This misc case has arisen out of Election Petition No. 4/1999, which has been instituted by the present petitioner, namely, Sri Kanakeswar Narzary under Sections 80 and 80A of the Representation of the Peoples Act. 1951, challenging the election of the Respondent No. 9, Shri Sansuma Kungur Bwiswmuthiary, who got elected to the Lok Sabha in the last Parliamentary election held in 1999.2. In a nutshell, let me narrate the material facts and various stages, which have led to the institution of the present Misc Case :- (i) In the course of the trial of the aforesaid Election Petition No. 4/ 1999 before P. C. Phukan, J (since retired), the respondent No. 9, on receipt of the notice from the Court, entered appearance through his learned counsel and filed an application under Section 86 of the Representation of the People Act 1951 (hereinafter referred to as 'the RP Act') and Order VII Rule 11 read with the provisions of Order VI Rule 16 of the Code of Civil Procedure pr...
State of Arunachal Pradesh Vs. Tymnyak Ete and ors.
Court: Guwahati
Decided on: Mar-05-2003
1. The respondents herein had filed a petition under Article 226 of the Constitution of India on the allegations that their names were mentioned in the Merit List prepared after the Joint Entrance Examination held for selecting the candidates for the M.B.B.S. andB.D.S. Courses for the educational session 2002-03. 2. The Government of Arunachal Pradesh took a decision in the year 1992 communicating to the Selection Committee concerned vide Government Policy letter dated 23.6.1995 (Annexure-3 to the writ petition). Under the policy decision taken by the Government, the nomination to the Medical College will not be based entirely on the merit of the candidates. As per the policy decision taken in the year 1992, the candidates from the districts of the State of Arunachal Pradesh, if they are not represented in the Merit List, then one candidate from that district shall be selected irrespective of his merit. In the other words, if a particular district is going unrepresented on account of...
Md. Harmuj Ali Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-04-2003
Ranjan Gogai, J.1. Heard Mr. A.K. Goswami, learned counsel for the petitioner and Mr. A.K. Phukan, learned Advocate General, Assam who has appeared at the request of the Court.2. The writ petitioner was appointed as an assistant teacher in Kaniha Kumarpata M. E. Madrassa School on 30.6.1985. The services of five Assistant Teachers of the school were provincialised on 25.3.1987. However, the post in which the petitioner was working, was not covered by the aforesaid provincialised order and the petitioner who continued to serve in the school, has filed the instant petition in the year 1997, contending that the eleven years of service rendered by the petitioner would entitle him for due consideration of his case for regularisation/ absorption. It must be noticed that by the time that the writ petition has been finally heard, another six years have elapsed and the petitioner by now, if he continues to be in service, would have rendered almost 17 years of service in the school.3. The prer...
Shanti Devi Atal and anr. Vs. JaIn Enterprises and anr.
Court: Guwahati
Decided on: Mar-04-2003
Ranjan Gogoi, J. 1. Both the revision petitions having raised common question of law on identical facts are being disposed of by this common judgment and order. 2. The two revision petitioners in Criminal Revision No. 348 of 1999 and the solitary revision petitioner in Criminal Revision No. 391 of 1999 are the accuser Nos. 2, 3 and 4 in Complaint Case No. 136/99 pending in the Court of the learned Chief Judicial Magistrate, Dibrugarh. The accused petitioners have sought to invoke the powers under Section 482 of the Code of Criminal Procedure for quashing the criminal proceeding instituted before the learned Court below. 3. The power under Section 482 of the Code of Criminal Procedure to quash a proceeding pending before a competent Court is a rare power to be exercised only in cases whore the complaint petition and the initial deposition of the complaint, taken together and if accepted in its entirety do not prima facie disclose, the offence as alleged. The law governing the exerci...
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