Guwahati Court November 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Mahesh Basumatary Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-29-2004
Ranjan Gogoi, J.1. The detention of the petitioner made by order dated 18.6.2004 passed by the District Magistrate, Kokrajhar under Section 3(3) of the National Security Act, 1980 (hereinafter referred to as the Act) has been put to challenge in the present writ application. The aforesaid order of detention has been approved by the State Government on 23.6.2004 and the representations filed by the petitioner-detenu to the State Government as well as to the Central Government have been rejected. The Advisory Board constituted under the provisions of the Act has also recommended the detention of the petitioner and on the basis of the opinion rendered by the Advisory Board, the State Government has confirmed the detention of the petitioner under the provisions of the Act.2. We have heard Mr. P. Goyari, learned counsel for the petitioner-detenu, Shri S. Ali, learned Addl. Advocate General, Assam assisted by Smri G. Deka as well as Mr. H. Rahman, learned Sr. CGSC.3. Three contentions in th...
Assam Brook Ltd. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Nov-29-2004
Ranjan Gogoi, J.1. All the cases under consideration having raised common questions of law on identical facts were heard together and are being disposed of by this common judgment and order.2. Pursuant to a policy decision of the Government of India to provide incentives for development of industries in the North-eastern region an Office Memorandum dated 24th of December, 1997 was issued by the Ministry of Industries, Govt. of India promulgating a new industrial policy/concessional package for development of industries in the Northeastern States of the country. Amongst the different incentives and concessions announced, exemption from Central Excise in respect of industrial activities relating to manufacture of tea in the North-eastern States for a period of ten years, as contained in the Office Memorandum dated 24th December, 1997 is the subject matter of consideration in the present bunch of writ petitions. The petitioners are manufacturers of tea classifiable under Chapter 9 headin...
Gopika Ranjan Chakraborty Vs. Amulya Kumar Bhattacharjee and anr.
Court: Guwahati
Decided on: Nov-25-2004
H.N. Sarma, J.1. This revision petition has been filed by the petitioner tenant praying for revising the judgment and decree passed by the learned Civil Judge, Sr. Divn, No. 1, Silchar, Cachar in Title Appeal No. 23/99 dismissing the appeal and upholding the judgment and decree dated 16-2-1999 and 2-3-1999 passed by the learned Civil Judge, Jr. Divn. No. 2, Silchar in Title Suit No. 93/95 decreeing the suit for eviction of the petitioner defendant, under the revisional jurisdiction of this High Court in exercise of power under Section 115 of the CPC.2. I have heard Mr. N. Choudhury, learned counsel appearing for the petitioner as well as Mr. BC Das, learned counsel appearing for the respondents. Mr. N. Choudhury during the course of his argument led me to the facts of the case to some extent. It appears from the record that Title Suit No. 93/95 was filed by the respondent landlord in the court of Sadr Munsiff No. 1, Silchar impleading the petitioner as defendant. Initially the suit wa...
Union of India (Uoi) and ors. Vs. Nripen Das
Court: Guwahati
Decided on: Nov-25-2004
D. Biswas, Actg. C.J.1. Head Mr. Y. Doloi, the learned Addl. CGSC appearing for the appellants. None appears for the sole respondent.2. It appears that notice could not be served on the respondent despite efforts made. Thereafter, on the report of the Lawazima Court, the service has been declared as complete on the sole respondent by the order dated 14th September, 2004.3. The Union has assailed the judgment and order dated 3rd May, 1999 passed in Civil Rule No. 2060/97. In the writ petition, the sole respondent as petitioner challenged the order of dismissal from service issued by the respondent authority invoking the provisions of Rule 34 of the CISF Rules, 1969 which is similar to the provisions of Article 311(2)(B) of the Constitution of India.4. The respondent was in the service of the CISF as Countable. In the night between 5th & 6th June, 1993, there was an incident of pilferage of Government property in the CISF Camps at Lalmatia in Burdwan district of West Bengal. Three perso...
Hcl Info Systems Ltd. and anr. Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Nov-24-2004
P.G. Agarwal, J.1. Heard Dr. A.K. Saraf, learned senior counsel for the petitioner and the learned Govt. Advocate. The petitioner, HCL Info system Ltd, is a limited Company, engaged in sale of office automation products. The petitioner is also a registered dealer under the Assam General Sales Tax Act, 1993, for short the Act.2. The broad facts leading to the present writ petition may be summarised as follows :3. The petitioner-Company undertakes maintenance contract of the office automation supplied by it or other company, and on these maintenance services the Company did not pay any tax. The case of the Company is that the maintenance service contract entered into by it with the customers are purely labour and service contract and in course of the executing such contract, if necessary, certain parts are replaced and the worn out or defective parts become the property of the petitioner-Company and thereby there is no transfer in the goods from the petitioner-Company to the customers. ...
Siba Kanta Dutta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-24-2004
B.K. Sharma, J. 1. The petitioner who is the Principle of a College has been placed under suspension making a challenge to which the instant writ petition has been filed.2. The petitioner was appointed as Principal of the D.H.S.K. College, Dibrugarh w.e.f. 1.6.1997. On the basis of purported incident which occurred in his office chamber involving one Smt. Joytismita Dowarah who has been working as Computer Operation in the College Library, said Smt. Dowarah lodged a complaint with the President of the Governing Body of the College on 28.7.2004. As per the said complaint, the petitioner made some obscene behaviour to her. Thereafter, the petitioner has been placed under suspension by the Governing Body of the College as per the resolution adopted by the Governing Body in an emergent meeting held on 31.7.2004. The resolution as indicated in the letter dated 2.8.2004 addressed to the petitioner placing him under suspension, is quoted below: Resolution No. 3:That the Principal Dr. S.K. D...
Fatikcharra Tea Estate Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Nov-23-2004
B.K. Sharma, J.1. All the above three writ appeals are in respect of the common judgment and order dated August 9, 1996 Reported at [1997] 104 STC 453 (Gauhati) passed in Civil Rule Nos. 5 of 1996, 10 of 1996 and 11 of 1996 by and between the same parties. The present appellants filed the writ petitions and the same were dismissed by the said common judgment and order. The present writ appeals arising thereof and involving same set of facts and common question of law were heard analogously and are being disposed of by this common judgment and order.2. The writ petitioners/appellants M/s. Fatikcharra Tea Estate is a registered dealer under the Tripura Sales Tax Act, 1976. The tea garden became sick and the same along with some other tea gardens was taken over by the Government of Tripura under an ordinance dated November 10, 1986, viz, the Tripura Tea Companies (Taking Over of Management of Certain Tea Units) Ordinance, 1986. The management of properties of the tea garden was also take...
Madhab Chandra Borpujari Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-23-2004
B.K. Sharma, J.1. The petitioner is aggrieved by the order dated 10.6.1998 by which he has been imposed with the penalty of reduction in rank pursuant to the departmental proceeding. It is the case of the petitioner that he had entered the services of the Respondents as a Lower Division Assistant and thus could not have been reduced to the rank of Peon which is lower than the rank of LDA to which grade he was originally appointed. The facts as narrated in the writ petition are that the petitioner while was serving under the Respondents was placed under suspension by an order dated 30.6.1989. When the order of suspension was not revoked the petitioner approached this Court by filing a writ petition which was registered and numbered as Civil Rule No. 2304/92. The writ petition was disposed of by order dated 24.11.1992 providing for revocation of the order of suspension. 2. After the aforesaid order of this Court the petitioner was reinstated in service by an order dated 15.12.1992. In t...
Dhanai Bhagwat Vs. Shakil Akhtar
Court: Guwahati
Decided on: Nov-23-2004
H.N. Sarma, J. 1. By this revision petition the petitioner tenant has challenged the judgment and order dated 3.1.2003 passed by the learned ad hoc Additional District Judge-1, Tinsukia in Title Appeal No. 2/99 dismissing the appeal filed by the petitioner and upholding the judgment and decree dated 25.11.98 and 18.12.98 respectively passed by the learned Civil Judge (Jr. Divn.) No. 1, Tinsukia in Title Suit No. 19/94 by which the suit of the plaintiff respondent was decree for ejectment of the defendant petitioner from the suit premises and also a decree for arrear of rent amounting to Rs. 15,000 was granted against him.2. The Title Suit No. 19/94 was instituted by the landlord respondent for ejectment and recovery of khas possession and also for arrear of rent and for permanent injunction, etc. The pleaded case of the plaintiff, inter alia, is that the plaintiff is the owner of the suit premises alongwith some other properties situated at Rungagora Road, Tinsukia in the district of ...
Alima Begum and ors. Vs. Lilima Patar Kalita and anr.
Court: Guwahati
Decided on: Nov-23-2004
B.P. Katakey, J.1. This appeal is directed against the judgment and award dated 6th May, 2002 passed by the Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in M.A.C. Case No. 632 of 1999 awarding an amount or Rs. 2 lakh inclusive of no-fault liability as compensation for the death caused to one e Abdul Ali, husband of the appellant No. 1 and father of the appellant Nos. 2 to 4. Appellants filed the present appeal for enhancement of the quantum of compensation as awarded by the learned Tribunal.2. The brief fact leading to the filing of the claim petition is that one Abdul Ali, the husband of appellant No. 1 and father appellant Nos. 2-4 was knocked down on 17th June, 1999 at about 9.00 a.m. by vehicle No. AS-01 F-3744 driven by the driver in rash and negligent manner. Said Abdul Ali succumbed to his injury in Guwahati Medical College and Hospital. According to the appellants the deceased was a poultry and vegetable trader earning about Rs. 5,000 per month and left behind the ...
- ‹ Prev
- 2
- 3
- Next ›
- Last »