Guwahati Court June 2003 Judgments
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Midland Hospital and Research Centre (P) Ltd. Vs. Union of India (Uoi) ...
Court: Guwahati
Decided on: Jun-27-2003
P.G. Agarwal, J.1. The petitioner before us, M/s Midland Hospital and Research Centre (P) Ltd., is a private limited company having Nursing Home at Guwahati since 1991. The petitioner engaged employees on regular basis as well as on daily wage basis, and a notice was issued by the respondent Assistant Commissioner, Provident Fund, N.E. Region, informing the petitioner that provisions of the Employees Provident Fund and Misc. Provisions Act, 1952 (for short, the Act) applies to them as there are more than 20 employees. Thereafter, the respondents assessed the liability of the petitioner at sum of Rs. 1,87,170 for the period from January, 1995 to October, 1997 on account of provident fund contribution. An appeal was filed against the said order and the appellate authority on 13.9.1998 rejected the appeal, and hence, the present application.2. In this case, we find that the petitioner company had submitted Annexure-B furnishing a list of workers as on 31.8.1994 wherein we find that there...
NabIn Kumar Sarma Vs. Life Insurance Corporation of India and ors.
Court: Guwahati
Decided on: Jun-27-2003
P.G. Agarwal, J. 1. Heard Mr. D. C. Sarma, learned counsel for the petitioner and Mr. B. R. Dey, learned counsel for the Life Insurance Corporation of India. 2. This petition has been heard alongwith Civil Rule No. 4145/97 filed by Sri Jadunath Borbora. The said civil rule has been disposed of by separate order. On the submission advanced by the learned counsel, both the civil rule were heard together for the simple reason is that the two petitioners namely, Sri Nabin Kumar Sarma and Sri Jadunath Borbora, being the employees of the Life Insurance Corporation, were subjected to a common disciplinary proceeding. However, the relief sought for in the said two writ petition are different. 3. The petitioner, Sri Nabin Kumar Sarma (since deceased) joined the service of Life Insurance Corporation of India in the year, 1958 and in the year 1986, he was serving as office assistant at the Golaghat branch of the L.I.C. on 14.8.1986, Nabin Kumar Sharma was placed under suspension and thereafter...
Ramen Baruah Vs. Presiding Officer, Labour Court of Assam and anr.
Court: Guwahati
Decided on: Jun-27-2003
P.G. Agarwal, J. 1. Heard Mr. A. Uasgupta, learned counsel for the petitioner and Mr. B. C. Kalita, learned counsel for the respondents. 2. The case of the petitioner is that he was an employee of the Indian Red Cross Society (hereinafter referred to as the society). He was looking after the children home project of the society situated at Jalukbari. He was entrusted with the duties of day to day management of children home and he was paid monthly salary of Rs. 1600. The service of the petitioner was terminated with effect from 1.11.1998 Without any notice whereupon an industrial dispute was raised and referred to the Labour Court with the following terms : 'Whether the management of M/s Indian Red Cross Society is justified in dismissing Sri Ramen Baruah without any notice with effect from 1.11.1998?' 3. The Labour Court vide impugned judgment held that the Indian Red Cross Society does not come under the definition of 'industry' as defined in Section 2(j) of Industrial Dispute Act...
Anna Mahanta and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-27-2003
P.G. Agarwal, J.1. Heard Mr. A.M. Mazumdar, learned senior counsel for the petitioner, Mr. A. R. Banerjee, learned senior counsel for the Governing Body of Darrang College and the learned Government Advocate.2. Both the writ petitions, namely, W.P. (C) No. 3521/2002 and W.P. (C) No. 1444 of 2003 are disposed of by this common order as in both the writ petitions, the impugned order dated 18.1.2002 passed by the Director, Higher Education Assam, has been challenged.3. The relevant facts may be summed up as below. The writ petitioner Anna Mahanta of W.P. (C) No. 3521 of 2002 joined as Lecturer in Economics in the Darrang College, Tezpur on 3.9.1962 and subsequently she became the Vice Principal of the said college. Thereafter some dispute arose regarding the date of birth and the petitioner Anna Mahanta, hereinafter referred as the petitioner, was asked by the College authority, hereinafter referred as the College authority for the purpose of convenience, to produce certain copies of doc...
Lt. Col. Kameshwar Prasad Bodoni and anr. Vs. Oil and Natural Gas Corp ...
Court: Guwahati
Decided on: Jun-27-2003
P.G. Agarwal, J. 1. As submitted by the learned counsel for both sides, both the writ petitions were heard analogously and disposed of by this common judgment as the question of law involved is identical. 2. We have detailed the facts of WP(C) 6779/2000. The broad facts of the other writ petition No. 4663/2000 are more or less similar. 3. Heard Mr. D.K. Misra, learned senior counsel and Mr. R. Sharma, learned counsel for the writ petitioner and Sri B.K. Sharma, learned Sr counsel and Mr. P.K. Roy, learned counsel for the respondents Oil and Natural Gas Commission (for short, ONGC). 4. The petitioner Major Ranbir Sagar was a member of the Indian Army and he took voluntary retirement on successful completion of the term of engagement and at the time of retirement he held the rank of Major. Pursuant to an advertisement for the post of Deputy Manager (Security), in the ONGC, the petitioner participated in the selection process and he was selected for appointment to the post of Deputy Ma...
Pradip Kumar Sarawgi and Sons (Huf) Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Jun-26-2003
I.A. Ansari, J. 1. By making this application under Article 226 of the Constitution of India, the petitioner has sought for issuance of appropriate writ(s) setting aside and quashing the instructions issued by the respondent No. 1, to the remaining respondents directing them to demand at sales tax check posts including one at Boxirhat, security, from vehicles carrying, amongst others, non-ferrous scraps in course of inter-State trade and commerce from the State of Assam to other States and commanding the respondents not to collect security in respect of such vehicles in each and every case.2. In a nut shell, petitioner's case runs as follows :- The petitioner is a registered dealer not only under the Assam General Sales Tax Act, 1993 (hereinafter referred to as the 'Act of 1993'), but also under the Central Sales Tax Act, 1956 (hereinafter referred to as the 'Act of 1956') and carries on the business of purchase, sale and supply of non-ferrous metal scraps in the State of Assam. In c...
Syed Md. Habibul Haque Vs. Md. Ali Ahmed and ors.
Court: Guwahati
Decided on: Jun-26-2003
I.A. Ansari, J.1. The order under challenge in the present revision was passed by learned Chief Judicial Magistrate, First Class, Kamrup, Guwahati, on 8.11.1994, in Complaint Case No. 954c of 1994 under Section 465/420/490/500 IPC instituted on a complaint made by the present revision petitioner. By this order, the learned Court below dismissed the complaint on the ground that no prima facie case could be made out against the accused-opposite parties by the complainant/ petitioner.2. In a narrow compass, the facts and various stages, which led to the present revision may be stated as follows :-(i) The complainant-petitioner instituted Complaint Case No. 954c of 1994 aforementioned, his case being, briefly stated, thus : The complainant is the Deputy Director of Madrassa Education, Assam and Secretary, State Madrassa Education Board, Assam. The accused -- O.P. Nos. 1 and 2 are the Lower Division Assistants of the complainant's office, the accused - O.P. No. 3 is an Upper Division Assis...
Herbertsons Ltd. and anr. Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Jun-26-2003
I.A. Ansari, J. 1. By this common judgment and order, I propose to dispose of Writ Petition (C) Nos. 1997 of 1999 and 1998 of 1999, for, both these writ petitions have raised common questions of law and fact.2. By making these applications under Article 226 of the Constitution of India, the petitioners have approached this Court seeking appropriate writ/writs setting aside and quashing, inter alia, the impugned orders, dated 22.3.1999 passed by'the respondent No. 2, namely, Deputy Commissioner of Taxes, Zone-B, Guwahati in the purported exercise of powers under Section 36(1) of the Assam General Sales Tax Act, 1993, (for short, the Act of 1993) and directing the respondent No. 4, namely, Superintendent of Taxes, Unit-B, Panbazar, Guwahati to make fresh assessment as per the provisions of Section 17(4) of the Act of 1993, aforementioned.3. Put in nut-shell, petitioner's case runs as follows : (i) The petitioner is a registered dealer under the Assam General Sales Tax Act, 1993 and is ...
Nalinakhya Chakrabarty Vs. Bandhani Chakrabarty
Court: Guwahati
Decided on: Jun-26-2003
P.P. Naolekar, C.J. 1. The appellant husband filed a petition for dissolution of marriage on the allegation that the marriage took place on 22.1.1995 according to Hindu rites and thereafter the husband and wife lived together. A child was born out of the wedlock, namely, Karanjoy Chakrabarty. They had been living together in a joint family but his wife, the respondent, 'insisted that the appellant should leave the house and stay in a separate residence. As the appellant was to look after his old parents and as they were living in the joint family he disagreed to leave the parental house and live in a rented house with his wife. Thereafter being offended, the respondent wife left the house on 6.8.1996 while the appellant husband was in his office. The husband made several attempts to bring back his wife to the parental house but she refused to come back and, therefore, he has to approach the court for dissolution of the marriage. 2. After service of notice on the respondent wife, she...
Kishanlal Ram Prasad and Sons and anr. Vs. Superintendent of Taxes and ...
Court: Guwahati
Decided on: Jun-26-2003
I.A. Ansari, J. 1. In a narrow compass, the case of the petitioner may be put as follows : The petitioner firm carried on the business kerosene oil, petroleum products, cement, salt sugar and was also acting as a transporter for transporting tea from tea gardens to other destinations as per the directions of the consignors. The petitioner firm was never engaged in the business of purchase and sale of tea. The assessment for the period ending on 31.3.1986 was completed under the Assam Sales Tax Act, 1947 (hereinafter referred to as 'the Act of 1947') by the respondent No. 1, namely, Superintendent of Taxes, Tezpur, summarily, vide order of assessment, dated 9.3.1987. However, without giving any opportunity of hearing, the said assessment was re-opened, in the purported exercise of powers under Section 19A of the Act of 1947 and vide order or reassessment, dated 16.5.1989, the turnover of the petitioner firm was reassessed. In the said order of re-assessment, the respondent No. 1 held ...
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