Guwahati Court January 2004 Judgments
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West Bengal State Weaver's Co-op Society Ltd. and Ors. Vs. Dr. Bibhaba ...
Court: Guwahati
Decided on: Jan-20-2004
I.A. Ansari, J.1. Will revision lie against the final order of the authority under the Assam Urban Areas Rent Control Act, 1972, is the core question, which this revision petition has raised.2. The material facts giving rise to the present revision may be stated as follows :(i) The opposite party herein, as plaintiff, instituted Title Suit No. 37/ 93 aforementioned for ejactment of the defendant from the suit premises and also for arrear of rent on the ground that the defendant was defaulter and the suit premises were bona fide required for the use and occupation of the plaintiff, the case set up by the plaintiff being, briefly stated, thus: The plaintiff and his brother, namely, proforma defendant No. 5 were partners of M/s. Ellora, a registered partnership firm, situated at Club Road, Silchar, having exclusive possession of the suit room. The plaintiff and his brother let out the suit premises to the defendant Nos. 1, 2 and 4 on monthly rental of Rs. 850, the rent being payable befo...
Ashutosh Das Vs. Smt. Sushma Rani Das and ors.
Court: Guwahati
Decided on: Jan-20-2004
I.A. Ansari, J.1. This revision serves as an example as to how a small unmindful and inadvertent act of omission on the part of a Court, at the right moment, can lead to denial of the reliefs, which the Court might have itself granted.2. The order, dated 10-3-99, passed by the learned Civil Judge (Jr. Divn) No. 1, Karimganj, in Title Execution No. 7/98, is under challenge in the present revision by the decree-holder.3. The facts leading to the present revision may be noticed as follows :-- (i) The plaintiff instituted Title Suit No. 31/87, in the Court of learned Civil Judge (Jr. Divn.) No. 1, Karimganj, seeking recovery of possession of the suit premises under Section 6 of the Specific Relief Act. The suit was dismissed on 20-7-91, by the learned trial Court on the ground that since the plaintiff and defendant No. 1 jointly possessed the suit premises and since the plaintiff was, admittedly, not the sole occupier of the suit premises, a suit for recovery of possession was not maintai...
Lila Sabar and anr. Vs. Golap Saikia
Court: Guwahati
Decided on: Jan-16-2004
I.A. Ansari, J.1. Does an objection hearing, on an application resisting execution of a decree, include the right to adduce evidence in support of such an application This is the moot question, which this second appeal has raised for determination.2. Title Suit No. 28 of 1988 was instituted, as plaintiff, by the present respondent for declaration of his rights, title and interest over the suit land and for delivering of possession thereof by evicting the defendants therefrom. The suit was decreed on 30.8.1993 and the appeal preferred by the defendants, which gave rise to TA No. 06/94, was also dismissed, on 22.11.1999, by the learned Civil Judge (Sr. Divn.), Tezpur. In consequence thereof, the respondent, as decree-holder, put the decree, in question, for execution. Title Execution Case No. 09 of 2002 accordingly commenced. While the execution proceeding was so pending, the appellants herein made an application under Section 151 CPC claiming, inter alia, that though they had been in p...
Sunil Singh Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jan-09-2004
I.A. Ansari, J.1. The appellant herein, namely, Shri Sunil Singh, has impugned, in this appeal, the judgment and order, dated January 3, 2002, passed in Civil Rule No. 3584/1997, whereby the learned single Judge has dismissed the writ petition filed by the appellant.2. In a nutshell, the facts giving rise to the writ petition may be stated as follows:(i) In Civil Rule No. 3584/1997 aforementioned, the case of the petitioner-appellant is, in brief, thus: The petitioner started working as a Loader, in the year 1981, under respondent No. 7, namely, the Station Manager, Indian Airlines, Ganeshguri, and continued in service until the year 1987, when his service was terminated. Aggrieved by such termination of his service, the petitioner raised a dispute and also contended that he had not been allotted uniform hours of work like other casual employees. The Government made, on January 24, 1989, reference to the Industrial Tribunal, Guwahati, and the Reference being 2(c) of 1989. The Industri...
Baghia Urang Vs. State of Assam
Court: Guwahati
Decided on: Jan-09-2004
A. Ansari, J.1. Heard Mr. K. K. Gupta, the learned Amicus Curiae for the appellant and the learned P.P.2. This appeal is directed against the judgment and order, dated 13-7-99, passed by the Sessions Judge, Golaghat, in Sessions Case No. 37/92, convicting the accused-appellant Under Section 302. IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 100/- and, in default, to undergo further imprisonment for one year.3. The prosecution case in brief is that on 2-2-92 at about 8 A.M. while Smt. Tilo Panika was sitting at her house and talking to her neighbour and relative, Jumuna Panika, at her own house, the accused-appellant, suddenly, entered into her house and assaulted Tilo Panika with an axe over her head as a result of which Tilo Panika died on the spot. On alarm being raised by Jumuna Panika and the children present in the house, people from the neighbourhood came rushing and saw the accused running away with an axe in his hand and blood stains on his w...
Hindustan Coca-cola Beverages Pvt. Ltd. Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Jan-09-2004
D. Biswas, J.1. Heard Mr. P.K. Goswami, learned Senior Counsel for the petitioners and also Mr. B. Sarma, learned C.G.S.C.2. This petition has been filed for refund of the excise duty amounting to Rs. 2,88,47,034 from May, 2001 to March, 2002 and Rs. 5,67,60,645/- for the period of April, 2002 to September, 2003. This refund has been claimed as per Government of India notification dated 8th July, 1999.3. Exemption of Excise duty has been granted to the Industrial Units situated in the North Eastern States by the aforesaid notification dated 8th July, 1999. The relevant portion of the notification is quoted hereinbelow :-3. The exemption contained in this notification shall apply only to the following kind of units namely :-(a) New industrial units which have commenced their commercial production on or after the 24th day of December, 1997,(b) Industrial units existing before the 24th day of December, 1997 but which have undertaken substantial expansion by way of increase in installed c...
Union of India (Uoi) and ors. Vs. Biprajit Dutta
Court: Guwahati
Decided on: Jan-08-2004
P.P. Naolekar, C.J.1. Heard Mr. S. Sharma, learned counsel for the petitioner and Mr. R. Dutta, learned counsel for the respondent.2. The material facts which are necessary for adjudication of the question raised in this appeal are that the respondent Shri Biprajit Dutta, while working as Assistant Engineer in North Eastern Frontier Railway was served with a memorandum/charge sheet dated 28.6.1997 containing the statement of articles of charge accompanied by the statement of imputation of misconduct or misbehaviour in support of the articles of charge. After holding a departmental enquiry on the charges served on the respondent, the Enquiry Officer submitted the report exonerating the respondent from the charge. The disciplinary authority did not agree with the findings arrived at by the Enquiry Officer and, therefore, after service of due notice as required under the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter shall be referred to as 'the Rules 1968') the discip...
Nandu Nagasia Vs. State of Assam
Court: Guwahati
Decided on: Jan-08-2004
P.G. Agarwal, J.1. Heard Mr. K.K. Gupta, the learned Amicus Curia for the appellant and the learned P.P.2. This appeal is directed against the Judgment and Order dated 20.1.1998 passed by the Sessions Judge, Darrang, Magaldoi in Sessions Case No. 78(DM) of 1997 (GR Case No. 479/96) convicting the accused appellant under Section 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 1,000.3. The prosecution case in brief is that on 22.12.1996 at about 2 PM while the deceased Santi Songa was sleeping in her courtyard, the accused appellant who was a neighbour, assaulted her on the head with an axe as a result of which Santi sustained severe injuries on her parson and she was removed to Hospital where she succumbed to the injuries.4. PW 7 Dr. Pradip Ch. Sarma conducted autopsy over the dead body and found as follows :-Injuries:-(1) Cut wound measuring 4.5 cm x 1 cm x Skull cavity deep. Present it 6 cm left to mid line and 5 cm above the outer angle of the left eye t...
Anis-uz-zaman Vs. Rajeeb-al-hatim Hai and ors.
Court: Guwahati
Decided on: Jan-08-2004
Ranjan Gogoi, J.1. An appellate order dated 1.6.1999, passed by the Assam Board of Revenue is the subject matter of the challenge in the present writ application.2. The facts leading to the institution of the appeal before the learned Board of Revenue will have to be briefly recited in order to enable this court to decide on the correctness of the rival contentions advanced.One Abdul Mazid, was the owner of a plot of land measuring 3 Kathas 9 lechas under Dag No. 260 K.P. Patta 216(new) of Block No. IV of Ulubari Mouza within Guwahati City. There was a family partition of the aforesaid land and the 2 sons of Abdul Mazid, i.e. Talebuddin Ahmed and Abdul Hai were given 14 and half lechas of land respectively, whereas the two daughters of Abdul Mazid i.e., Mustt. Faziltan Nessa and Mustt. Ismatan Nessa were given 1 katha of land each. Mutation of the aforesaid shares were effected in terms of the family settlement reached. The writ petitioner, Md. Anis-Uz-Zaman is the legal heir of one o...
Laltluanga D. Shira Vs. the State of Meghalaya and ors.
Court: Guwahati
Decided on: Jan-08-2004
D. Biswas, J. 1. The Habeas Corpus petition has been initiated by the father of the detenu namely Shri Ashabel D. Shiva alias Janggo challenging his detention order under Sub-section (1) of Section 3 of the Meghalaya Preventive Detention Act, 1995 passed by the District Magistrate, West Garo Hills, Tura.2. The detention order reads as follows : 'WHEREAS I am satisfied that in respect of the person known as Shri Ashabel D. Shira alias Janggo s/o Sahi Laltluanga D. Shira of Bonepa Atilla, P.O. Chandmary, P.S. Tura who is hardcore banned ANVC cadre and has dreadful criminal records of murder, kidnapping, extortion, working consistently in fulfilling the purpose of the banned organization in seeing that the ANVC succeeds in anti-national goals and ends and who is in judicial custody and involved in various cases registered with Police Stations viz. (One) Tura P.S. Case No. 152(12)2000 Under Section 448/302/34, IPC read with Section 10/13. Unlawful Activities (Prevention) Act, 1967 (Two)...
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