Guwahati Court April 2003 Judgments
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Sapan Saikia Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-23-2003
Ranjan Gogoi, J. 1. Heard Mrs. B. Bhuyan, learned counsel for the petitioner, Mr. S.K. Medhi, learned counsel appearing for Respondent No. 3 and Mr. R.K. Bora, learned Government Advocate, Assam appearing for the State Respondents. 2. The writ petitioner, who was working as a Forest Ranger and attached to the J.V. Range, Dabaka under Nagaon South Division was transferred as Forest Ranger-in-Charge, Lanka Range by an order dated 1.3.2001. The petitioner was relieved from his responsibilities as Forest Ranger, J.V. Range, Dabaka. But after his joining at his new place of posting, i.e., Lanka, the order of transfer dtd. 1.3.2001 was modified by another order dtd. 19.3.2001 and the petitioner was re-transferred as in-charge, K.V. Range at Hojai. Thereafter the order dated 19.3.2001 posting the writ petitioner at Hojai was again modified and the petitioner was posted as Forest Ranger-in-Charge, Borgang Range under Sonitpur East Division. This was done by an order dated 27.3.2001. Accordi...
Smt. Karabi Karmakar Vs. Assam State Electricity Board and ors.
Court: Guwahati
Decided on: Apr-23-2003
Amitava Roy, J.1. As agreed upon by the learned counsel for the parties and considering the issue involved, I propose to dispose of this Civil Revision Petition at the admission stage.2. The petitioner is before this Court, being aggrieved by the judgment and order dated 12-3-2003 passed by the learned District Judge, Cachar, Silchar in Misc Appeal No. 10/2002 affirming the order dated 9-7-2002 passed by the Civil Judge (Senior Division) No. 2 in Misc Case No. 10/2002 rejecting the said petition. The petitioner's husband Shri Paritosh Chandra Karmakar during his life time was the owner of the building involved in the proceeding. After his death, the petitioner and her children being the legal heirs are the owners thereof. On receiving a notice dated 12-9-2000 from the Assam State Electricity Board (hereinafter referred to as 'the Board') asking the petitioner to submit test report, documents, etc.for regularization of the load of electricity to the building, she complied therewith and...
Blue Star Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-23-2003
Ranjan Gogoi, J. 1. The petitioner company, engaged in the business of execution of works contracts, was assessed to sales tax for the period 1995-96 by an order dated 26.6.1998 passed by the jurisdictional Assessing Officer. Aggrieved by the assessment made, a revision application under Section 36 of the Assam Sales General Sales Tax Act, 1993 (hereinafter referred to as the Act of 1993) was filed by the petitioner company and the revision having been rejected by order dated 13.7.1999, the instant writ petition has been filed.2. A perusal of the pleadings contained in the writ petition, and a consideration of arguments advanced by Mr. J. Bora, learned counsel appearing for the writ petitioner, would go to show that four grievances, in the main, have been projected by the wrist petitioners as against the assessment order made by the primary authority as upheld by the Revisional Authority.Firstly it has been contended that the benefit of tax already deducted at source has been granted ...
Karabi Karmakar Vs. Assam State Electricity Board and ors.
Court: Guwahati
Decided on: Apr-23-2003
Amitava Roy, J. 1. As agreed upon by the learned counsel for the parties and considering the issue involved, I propose to dispose of this Civil Revision Petition at the admission stage. 2. The petitioner is before this Court, being aggrieved by the judgment and order dated 12.3.2003 passed by the learned District Judge, Cachar, Silchar in Misc Appeal No. 10/2002 affirming the order dated 9.7.2002 passed by the Civil Judge (Senior Division) No. 2 in Misc Case No. 10/2002 rejecting the said petition. The petitioner's husband Shri Paritosh Chandra Karmakar during his life time was the owner of the building involved in the proceeding. After his death, the petitioner and her children being the legal heirs are the owners thereof. On receiving a notice dated 12.9.2000 from the Assam State Electricity Board (hereinafter referred to as 'the Board') asking the petitioner to submit test report, documents, etc., for regularisation of the load of electricity to the building, she complied therewi...
Union of India (Uoi) Vs. D.P. Haokip and anr.
Court: Guwahati
Decided on: Apr-17-2003
S.K. Kar, J. 1. This revision petition under Section 597/401 read with Section 482 of the Cr.PC is directed against orders dated 21.11.2002 and 10.12.2002 passed by the Court of the Magistrate 1st Class, Aizawl in case No. Gr. No. 1588/2000 under Sections 420, 465, 468, 471, 380, IPC; (Corresponding to Aizawl P. S. Case No. 466/2000).2. The petitioner Union of India represented by the Commissioner of Customs, North Eastern India, Shillong, submits that government Cheque Book bearing Sl. No. A/5-481800 which was kept in the Deputy Commissioner, Customs Division, Aizawl was missing from the office with effect from 26.7.2000. The fact of missing of the Cheque Book was brought into the notice to the Asstt. General Manager, State Bank of India, Aizawl and the petitioner came to know from the said Asstt. General Manager of the State Bank that an amount of Rs. 4,51,200 has been withdrawn vide Cheque No. A/5-481755 dated 21.7.2000 being encashed on 22.7.2000.3. A FIR was lodged before the po...
K. Ibopishak Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Apr-11-2003
H.K.K. Singh, J.1. The petitioner while serving as Havildar at 1st Bn. Manipur Rifles was allowed to go on voluntary retirement with effect from 30.11.2001 (A/N) and his name was to be strucked off the strength from 1.12.2001 under order dated 21.11.2001 (Annexure-A/9). In this writ petition, the petitioner has challenged this order dated 21.11.2001.2. Mr. T. Nandakumar Singh has submitted various points of law relating to recruitment, retirement, pension, etc., applicable to the members of Manipur Police serving in the State of Manipur which includes Riflemen serving under various Battalions of Manipur Rifles. Mr. Jallal, learned Govt., Advocate also referred to various provisions of law in this regard.3. Bereft of the details, facts necessary for the purpose of determination of the case are that the petitioner joined service as a Rifleman on 19.4.1969 and he got promotions to higher grades in due course. Ultimately, he was promoted to the rank of Havildar on 28.10.1998. While servin...
Arwish Marak Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Apr-11-2003
B. Lamare, J. 1. Heard Miss A. Paul, learned counsel for the petitioner. Also heard Mr. Anil Sarma, learned Addl. Advocate General, Meghalays, assisted by Mrs. B. Dutta, learned Government Advocate, for the respondent Nos. 1 and 8 Mr. S. P. Mahanta assisted by Mrs. M. Wahlang, learned counsel for the respondent No. 9 and Mr. K. Paul, learned counsel for the Proforma Respondent.2. The respondent No. 2 vide Memo No. EE(T)IRRI/TB 39/2000-2001/43-55 dated 4.5.2001, issued a Notice Inviting Tender (NIT), from the registered contractors for construction of Anderkona Headwork including diversion work and approach road (Excluding steel sluice gate), amounting to Rs. 1,20,35,000 (Rupees one crore twenty lakhs and thirty five thousand) only. In response to the said NIT eleven tenderers have submitted their tenders. The petitioner has submitted his tender at 21% above the schedule of rates for the year 1996-97. The respondent No. 3 has also submitted his tender by quoting his rate at 38.40% abo...
Lakheswar Barua Vs. State of Assam
Court: Guwahati
Decided on: Apr-11-2003
A.H. Saikia, J. 1. This Jail appeal has been directed against the impugned judgment and order dated 12.1.2000 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 71(T) of 1996 convicting the accused appellant under Section 304 Pt-II IPC and sentencing him to suffer rigorous imprisonment for 7(seven) years and to pay a fine Rs. 500/-, in default to further imprisonment for 2 (two) months. 2. I have heard Ms. Rita Borbora, learned Amicus Curiae and Mr. P.C. Gayan, learned P.P. Assam. 3. The prosecution case as found by learned Sessions Judge is that on 15.11.1995 deceased Mulendra Moram had engaged a labourer viz. Sonar Singh to cut bamboos from his land behind his house and the said labourer started cutting bamboos, when accused Lotik Baruah @ Lakheswar Baruah accompanied by his two sons viz., Chandra Baruah and Badan Baruah asked the labourer to stop cutting the bamboo and instructed him to call Mulendra Moran. Sonar Singh went to call Mulendra Moran and on getting t...
Satyam Steels and Alloys Pvt. Ltd. Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Apr-11-2003
B. Lamare, J. 1. Heard Mr. R.L. Yadav, learned Counsel, Mr. H.S. Thangkhiew, learned Counsel and Mr. K. Khan, learned Counsel for the petitioners. Heard also Mr. R. Debnath, learned Addl. Central. Govt. Standing Counsel for the respondents.2. These writ petitions involve common question of facts and law to be decided, hence all the writ petitions were heard analogously and disposed of by this common judgment and order.3. The facts of the cases in short are that the Government of India in the Ministry of Industry, Department of Industrial Policy and Promotion, issued an office memorandum vide, No. EA/1/2/96, dated 24-12-1997 announcing the new industrial policy and other concession in the North Eastern Region. The aims and objects of the said policy are explained in paragraph 1 of the said office memorandum which reads as follows :'Annexure-C24th December, 1997OFFICE MEMORANDUMSubject: New Industrial Policy and other concession in the North Eastern Region.In view of the continuing back...
Fairly Syiem Vs. the Khasi Hills Autonomous District Council and ors.
Court: Guwahati
Decided on: Apr-11-2003
B. Lamare, J.1. Heard Mr. T. T. Diengdoh, learned counsel for the petitioner assisted by Mr. E.C. Suja, learned counsel and also heard Mr. B.B. Narzary, learned counsel for respondents 1 to 5 and Mr. N.D. Chullai, learned counsel for respondent No. 8.2. The petitioner was appointed as the Syiem of Nongstoin by the respondent No. 1-Khasi Hills Autonomous District Council, Shillong on 18.3.1998, The respondent No. 2 suspended the petitioner from the post of Syiem of Nongstoin and directed that the charges framed against him be enquired by the Additional Judge, Additional District Council Court, Shillong. The inquiry was duly conducted and the learned Addl. Judge, submitted his report dated 30.3.2001 in Enquiry Case No. 2 of 2000. In the said inquiry report, the Inquiry Officer after examining all the charges framed against the petitioner as well as the evidence adduced by the parties has found as follows :'In view of my findings on each of the charges as discussed which are in the negat...
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