Guwahati Court September 2003 Judgments
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On the Death of Sena Singh His Legal Heirs Vs. General Manager, Assam ...
Court: Guwahati
Decided on: Sep-12-2003
I.A. Ansari, J. 1. This second appeal has arisen put of the judgment dated 22.10.1990, and decree, dated 5.11.1990, passed by the learned Additional District Judge, Kamrup, Guwahati, in Title Appeal No. 1 of 1987, dismissing the appeal and affirming the judgment and decree, dated 19.11.1985 and 3.2.1986, respectively passed by the learned Assistant District Judge No. 1, Kamrup, Guwahati, in Title Suit No. 48 of 1977, whereby the suit of the plaintiff-appellant, late Sena Singh, was dismissed.2. I have heard Mr. G. N. Sahewalla, learned senior counsel, appearing on behalf of the appellants, and Mr. P. C. Deka, learned senior counsel appearing on behalf of the respondents-defendants.3. In a narrow compass, the facts and various stages leading to this appeal may be stated as fellows : The appellant-plaintiff, late Sena Singh, instituted Title Suit No. 48 of 1977 aforementioned seeking, inter alia, a decree declaring his possessory right over the suit land. By the judgment and decree, da...
R. Lianthanga Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Sep-12-2003
S.K. Kar, J.1. The petitioner Shri R. Lianthanga is the Proprietor of M/s. City Drugs Stores- Aizawl. This petition has been presented by him being aggrieved by order passed by Drugs Controller, Mizoram, on 7.11.200.0 under Rule 66 of the Drugs and Cosmetics Rules, 1945 cancelling his Drug Licence.2. The petitioner contends that he was issued Drugs 'Licence No. AD/ 109 & 110 (Form 20-A, 21-A) and No. AD/144 & 153(20-B, 21-B) on 14.5.1973 and it was being renewed from time to time and last renewal was done for the period of 1.1.1999 to 31.12.2000. That no list of the medicines was furnished to the petitioner in connection with Drugs which cannot be legally sold to the customers.3. The further contention of the petitioner is that he is qualified to sale drugs having requisite certificate and was selling drugs for the last 27 years but then, without any valid reasons the impugned order was passed on the basis of false allegations and hearsay evidence, that too without giving him appropri...
Smt. Germanthangi Vs. F. Rokunga and ors.
Court: Guwahati
Decided on: Sep-12-2003
S.K. Kar, J.1. This petition under Clause 3 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954 is preferred against the order dated 18-7-2000 passed by the District Council Court, Aizawl in Civil Appeal No. 17 of 1998.2. The facts, in brief, (as per Memo of appeal) are as follows:--The appellant Smt. Germanthangi and the respondent No. 1 were married on 15-3-1962 as per the Mizo Customary Law and out of the wedlock two sons and five daughters were born (subsequently impleaded persons, Respondents Nos. 2 and 3 are the two sons). The appellant filed a case/complaint on 11-3-98 before the Magistrate/ Additional Sub-District Council Court stating that the Respondent No. 1 (her husband) had deserted her on 14-2-98 by way of 'abandonment' as per the Mizo Customary Law, and started living separately with one Smt. Doneihchuali. She prayed for the distribution of the properties in view of her desertion and the complaint (suit) was registered as Misc. Case No. 6/98...
United India Insurance Co. Ltd. Vs. Zugula and anr.
Court: Guwahati
Decided on: Sep-12-2003
S.K. Kar, J. 1. This petition under Article 226/227 of the Constitution of India is intended to assail judgment and award passed by the Learned Member, MACT, Aizawl on 21.11.2002 (referred Case No. 96/2000 of the Tribunal).2. The petitioner United Insurance Co. Ltd., states that Zugula, respondent No. 1/claimant filed claim petition stating, that an accident took place on 18.1.1999 involving vehicle bearing registration No. MZ-01/4846, a public carrier, resulting in death of his wife Hawipari alias Ianghawihi and after hearing the parties learned MACT, vide judgment and order dated 21.11.2002, passed an award of Rs. 3,73,880 (Rupees three lakhs seventy three thousand eight hundred eighty) in favour of the claimant/respondent. That the claimant practiced fraud upon the Tribunal by concealing the fact that O/C 72 RCC(GREF), already awarded a compensation under Workmen's Compensation Act, 1923 amounting to Rs. 1,42,276 (Rupees one lakh forty two thousand two hundred seventy six) in conn...
Universal Luggage Mfg. Co. Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-11-2003
D. Biswas, J. 1. Heard Mr. G.K. Joshi, learned senior counsel assisted by Mr. R.K. Joshi, learned counsel for the petitioner and Mr. B.J. Talukdar, learned Government Advocate, Assam.2. This petition has been filed challenging the common order dated 30.1.1997 passed on revision by the Joint Commissioner of Taxes, Asam, Guwahati under Section 36(2) of the Asam General Sales TaxAct, 1993 read with Section 74(3)(b) of the said Act and Section 20(2) of the Asam Finance (Sales Tax) Act, 1956 for the period ending 30.9.1991, 31.3.1992, 30.9.1992, 31.3.1993 and 30.6.1993 upholding the orders of the assessment dated 10.5.1994 passed under Section 9(3) of the Assam Finance (Sales Tax) Act, 1956 by the Superintendent of Taxes, Unit-C, Circle-5, Guwahati in respect of the above return periods.3. The writ petitioner M/s Universal Luggage . is a registered dealer under the Assam Finance (Sales Tax) Act, 1956 and the Central Sales Tax Act. For the period mentioned above, the petitioner submitted r...
MoinuddIn Ahmed and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-10-2003
Ranjan Gogoi, J.1. Though 31 petitioners had instituted the present case, to begin with, the learned counsel for the petitioner submits that only two petitioners, i.e., Petitioner No. 13 Shri Dilip Kumar Sarmah and Petitioner No. 25 Shri Gunajit Talukdar are presently in the field. This Writ Petition is, therefore, being considered as having been filed by the aforesaid two petitioners alone.2. The facts are long and only the essentials are recited hereinbelow :In the year 1996, the Assam Public Service Commission issued an advertisement for the posts of Fishery Extension Officer in the Fisheries Department of the Government of Assam. The petitioners participated and claim that their names were included in the select list prepared. Though 46 candidates from the select list were given appointment, the petitioners did not succeed in getting appointment. Thereafter, it appears that 40 posts of Fishery Extension Officer fell vacant in the Panchayat and Rural Development Department. The Ass...
Utpal Rajkonwar Vs. Office of the Dibrugarh University and ors.
Court: Guwahati
Decided on: Sep-10-2003
Ranjan Gogoi, J. 1. The question as to whether a criminal proceeding as well as a departmental enquiry, on the same set of facts, can proceed simultaneously, which has frequently arisen, confronts the Court in the present writ proceeding also. The facts leading to the institution of the present case by the writ petitioner may be briefly summarized as below : An FIR was lodged with the Dibrugarh Police Station on 2.6.2003 alleging that on 7.3.2003 the writ petitioner, who was then working as the Deputy Registrar (Finance & Accounts) in the Dibrugarh University, put up a cheque for an amount of Rs. 1,57,240.00 for signature of the Registrar. The Registrar, on verification, found certain irregularities in the supply orders and the bill raised by the supplier in respect of the payment covered by the cheque in question and, therefore, a direction was issued to verify the matter, in course of which verification it was revealed that though the supply order issued to one M/s. Padmini Printi...
Smt. Hmangaihzuali Vs. Smt. C. Laldingi
Court: Guwahati
Decided on: Sep-09-2003
S.K. Kar, J.1. This is an appeal presented on the strength of Clause (3) of the Assam High Court (Jurisdiction over the District Council Courts) Order, 1954 in order to Assail the judgment and order dated 25-9-2001 passed by the learned Magistrate First Class, Sub-Ordinate District Council Court, Aizawl in Money Suit No. 15 of 2001 which was affirmed by judgment and order dated 4-9-2002 passed by the District Council Court, Aizawl in R.F.A. Case No. 23 of 2001.2. I have heard Mr. G. Raju, learned counsel for the appellant. None appeared for the respondent, although notice was issued and accepted by the Court having been as served.3. The respondent herein Smt. C. Laldingi instituted the suit, being Money Suit No. 15 of 2001, on 30-5-2001 against the present appellant Smt. Hmangaihzuali alleging that the appellant borrowed a sum of Rs. 90,000/- on 3-12-1992 and another sum of Rs. 50,000/- on 4-9-1993. That it was further agreed that the appellant/defendant will pay interest @ 10% per mo...
Dugar Tea Industries Pvt. Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-09-2003
P.G. Agarwal, J.1. This batch of 11 writ petitions filed by the writ petitioners, M/s. Dugar Tea Industries Pvt. Ltd., were heard analogously and disposed of by this common order, as they involve common question of law. The writ petitioners have challenged clause (ii) of the notification under Section 3-A of the Assam Sales Tax Act, 1947 published in the Assam Gazette dated August 1, 1988. Separate writ petitions were filed for different periods of assessment and the different assessment order passed for the different periods. The writ petitions are W.P. (C) Nos. 3654, 3655, 3656, 3657, 3658, 3659, 3660, 3661, 3662, 3663 and 4545 of 2000 for the period ending March 31, 1990, September 30, 1988, September 30, 1992, September 30, 1990, September 30, 1989, September 30, 1991, March 31, 1993, March 31, 1992, March 31, 1989, March 31, 1991 and June 30, 1993 respectively.2. The case of the petitioner is that it is a private limited company and it is engaged in the business of blending and p...
Debabrata Kaloy Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Sep-09-2003
T. Vaiphei, J. 1. Heard Mr. A.K. Bhowmik, learned senior counsel, assisted by Mr. S. Ghosh, learned counsel appearing for the petitioner. Also heard Mr. T.K. Roy, learned Advocate General, Tripura, assisted by Mr. S. Chakraborty, learned counsel, for the respondent No. 1 and Mr. B. R. Bhattacharjee, learned senior counsel, assisted by Mr. A. Ghosh, learned counsel for the respondent No. 3 as well as Mr. B. Das, learned senior counsel, assisted by Mr. A. Ghosh, learned counsel for the respondent Nos. 2, 4 and 5. 2. This is an application under Article 226 of the Constitution of India filed by the petitioner for quashing the impugned notice dated 24.07.2003, the impugned list of business dated 29.07.2003, the impugned bulletin dated 29.07.2003 and the impugned proceedings and resolution of the meeting of Tripura Tribal Areas Autonomous District Council (hereinafter called 'TTAADC') held on 31.07.2003 and all subsequent and consequential actions of the respondents and also for directing...
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