Guwahati Court March 2004 Judgments
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Assam State Electricity Board Vs. on Death of Jethua Mikir, His Sons
Court: Guwahati
Decided on: Mar-24-2004
P.P. Naolekar, C.J.1. Land acquisition proceeding was started by issuance of the Notification under Section 4 of the Land Acquisition Act, 1894 for acquisition of 14 Bighas, 2 Kathas and 3 Lechas of land of Dag No. 1009 (Kha), KP Patta No. 41 of Village-Japoarigog, Mouza-Beltola in the district of Kamrup for the purpose of construction of Power House and staff quarter of Assam State Electricity Board (ASEB). The original owner of the land Jethus Mikir expired and his name was substituted by the legal representatives who are respondents before us. The Land Acquisition Officer in LA Case No. 8/89 gave award of Rs. 30,08,830.80 for the land. The award in terms of Bigha comes to Rs. 1,30,000.00 per Bigha and in terms of Katha it comes to Rs. 32,000.00 per katha. The respondents being aggrieved by the award made an application for reference to the Court below under Section 18 of the Act. The Court below after appreciation of the evidence placed on record, namely, the oral evidence and thre...
Nagor Ch. Das and ors. Vs. State of Assam
Court: Guwahati
Decided on: Mar-23-2004
A.H. Saikia, J. 1. Heard Mr. P.C. Gayan, learned counsel for the petitioners. Also heard Mr. P. Bora, learned Public Prosecutor, Assam.2. Brief facts of the case are that on 5.10.75 all of these five petitioners were caught at about 1.30 a.m. from a local Namgarh of Diphala Block No. 2 of Karki village by the members of the Village Defence Party (for short, 'the V.D.P.'), who were patrolling in the village. Amongst the accused persons one Osman Ali fled away and escaped from the V.D.P. After having been caught, petitioners confessed before the V.D.P. that they assembled at Namgarh to commit dacoit in the house of one Shri Kolai Bora. On the basis of a FIR lodged by a member of the V.D.P., namely, Hari Kanta Kakati, P.W.2 on 6.10.85, police registered a case against the petitioners under Section 139/399 IPC and on completion of the investigation the police submitted charge sheet against them.3. During the trial, prosecution examined six witnesses wherein defendant adduced none. In Ses...
Tuniram Katoni and ors. Vs. Golap Chandra Katoni
Court: Guwahati
Decided on: Mar-23-2004
I.A. Ansari, J.1. This revision has arisen out of the impugned order, dated 12/1/2001, passed by the learned Civil Judge (Junior Division) No. 1, Jorhat, in Title Suit No. 44/91, whereby the learned Civil Judge (Junior Division) No. 1, Jorhat, has disposed of the preliminary issue, with regard to the jurisdiction of the Court to entertain the suit in question, by holding to c the effect that Section 154 of the Assam Land Revenue Regulation, 1887, does not debar the Civil Court, from entertaining declaratory suit of title.2. Presenting the case on behalf of the revision-petitioner, Shri N. Choudhuary, learned counsel for the petitioner, has submitted to the effect, inter-alia, that while passing the impugned order, the learned Court below did not take into account the observations made-by the Full Bench of this Court in Daulatram Lakhani v. State of Assam and Ors., reprted in (1989) 1 Gauhati Law Reports 131, wherein this Court has held, according to Mr. Choudhury, that though a plaint...
Ranjit Kr. Dey and ors. Vs. Krishna Gopal Agarwala and ors.
Court: Guwahati
Decided on: Mar-23-2004
P.P. Naolekar, C.J. 1. In the aforementioned matters, the point urged by the learned counsel appearing for the petitioners is that the revision petition under Section 115 of the Code of Civil Procedure is not barred, from the decision rendered by the Appeal Court under Section 8 of the Assam Urban Areas Rent Control Act, 1972 (for short the 'Act 1972'). The question arose in the light of the decision rendered by the learned Single Judge in Civil Revision No. 196/98 (The West Bengal State Weaver's Coop Society Ltd and Ors v. Dr. Bibhabasu Chowdhury and Ors.) decided on 20.1.04, wherein the learned Single Judge has held that no revision lies against the final decision of an authority under the Act 1972 and the remedy available, if any, to the aggrieved party is to approach the Court by way of writ petition under Article 226/227 of the Constitution of India.2. It is contended by the learned counsel for the petitioners appearing in the cases that the order passed in suit and the Appeal Co...
Salma Akhtara Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-23-2004
Ranjan Gogoi, J.1. Heard Mr. Abu Sharif, learned counsel for the petitioner and Mr. P K Mushahary, learned senior Government Advocate, Assam.2. Though by the time that this Court could take up the writ petition for final consideration, the last date for admission to 1st year MBBS Course in the State was over on 30th September, 2003, the strenuous argument of the learned counsel for the petitioner has persuaded this Court to deal with the matter on its merits and to find out if the contention of the petitioner that she was denied admission arbitrarily, is correct.3. The petitioner is a physically challenged person with some deformity of the left upper limb. She was an aspirant for a medical seat and she was one of the selected candidates for medical admission on the basis of the Joint Competitive Examination conducted in the months of June/ July 2003. The petitioner was placed at SI. No. 9 of the Select List against the quota earmarked for physically disabled candidates. According to t...
Subhash Karmakar and ors. Vs. Alhaj Saken Ali
Court: Guwahati
Decided on: Mar-23-2004
I.A. Ansari, J.1. Heard Mr. Sarma, learned counsel for the petitioner, and also heard Mr. N. Choudhury, learned counsel appearing on behalf of the Opposite-party.2. By the impugned order dated 23.12.2002, passed in Misc. (J) Case No. 50/02, arising out of Title Suit No. 7/02, the learned Civil Judge (Junior Division) No. 1, Goalpara, has allowed the application for review by setting aside the order, dated 2.9.2002, passed by the same Court in T.S. No. 7/02, whereby the plaintiffs/petitioners' prayer for amendment of the plaint was allowed.3. At the time of admission of the revision, Mr. N. Choudhury, learned counsel for the Opposite-party, has pointed out that an order allowing an application for review is covered by Order 47 Rule 4 of the Code of Civil Procedure and such an order is an appealable order under Order 43 Rule 1 (W) of the CPC, and since the impugned order is an order allowing the application for review, the remedy of the plaintiffs/ petitioners, in the present case, lie...
Asma Khatun and anr. Vs. Md. Mahmad Ali and ors.
Court: Guwahati
Decided on: Mar-23-2004
P.P. Naolekar, C.J.1. Facts necessary for adjudication of the question involved in this revision are - the petitioners in this revision viz. Mustt Asma Khatun and Mustt Hunsa Khatun as plaintiff Nos. 2 and 3 along with Md Safiqur Rahman Laskar as plaintiff No. 1 (Opposite party No. 3 herein) have filed a suit against the defendants Md Mahmad Ali, Mustt Salema Bibi, (Opposite party Nos. 1 and 2 herein), seeking declaration of right, title and interest in respect of the Schedule -1 land and for confirmation of possession and for injunction restraining the defendants from dispossessing them from the Schedule-1 land and for possession of the land described in Schedules 2 and 3. The suit was registered as Title Suit No. 145/97 in the Court of Civil Judge (Junior Divison) No. 1, Silchar. 2. It is alleged by the petitioners that during pendency of the suit on the intervention of village elders 'bichar' was held and the elders proposed that the suit land would be surveyed and merged and there...
O.P. Bharuka Vs. Shakuntala Modi and anr.
Court: Guwahati
Decided on: Mar-22-2004
S.K. Kar, J.1. This is an appeal Under Section 341 Cr.PC preferred by Shri Om Prakash Bharuka, appellant herein against respondent Nos. 1 and 2, respondent 1 being his wife (since divorced). The appellant has assailed the order dated 30.11.1993 passed by the Addl. District Judge, Dibrugarh in Misc. (J) Case No. 96/92 arising out of the Title (Divorce) Suit No. 8/88 on the grounds, inter alia, that the court below failed to take note of the primary object of the proceeding Under Section 340 Cr.PC which is meant for the purpose of curbing the evil of perjury. That the false evidence given by the respondents/O.P. were pinpointed with utmost precision and the court below ought to have instituted a complaint against the respondents. That the respondents/O.P. used the court as a tool to further their petty selfish interest whereby the appellant was seriously prejudiced. That the provisions of Section 340 Cr.PC is meant for larger interest of administration of justice and the court below oug...
Gangabani Mercantile and Finance (P.) Ltd. and anr. Vs. Commissioner o ...
Court: Guwahati
Decided on: Mar-19-2004
P.G. Agarwal, J. 1. Heard Dr. A. K. Saraf, the learned senior advocate appearing for the petitioner, and Mr. U. Bhuyan, learned counsel for the respondent-Income-tax Department.2. In respect of an assessment order dated December 27, 2002, computing the tax liability to the tune of Rs. 84,10,320, the petitioner filed an appeal before the Commissioner of Income-tax and thereafter he approached the Income-tax Appellate Tribunal challenging the said order of assessment of the appellate authority. The matter is still pending before the Appellate Tribunal. In the meantime, the Tax Recovery Officer issued a certificate that the total amount of tax due is Rs. 1,17,74,448. The petitioner approached the Tax Recovery Officer for allowing him to pay the amount in instalments of Rs. 5,000 per month whereby the Tax Recovery Officer allowed instalment of Rs. 10,000 per month and the petitioner was paying the said instalments. Subsequently, vide impugned order dated February 27, 2004, the petitioner...
Gangabani Mercantile and Finance (P) Ltd. and anr. Vs. Cit and ors.
Court: Guwahati
Decided on: Mar-19-2004
P.G. Agarwal J.Heard Dr. A. K. Saraf, the learned senior advocate appearing for the petitioner, and Mr. U. Bhuyan, learned counsel for the respondent-Income Tax Department.2. In respect of an assessment order dated 27-12-2002, computing the tax liability to the tune of Rs. 84,10,320, the petitioner filed an appeal before the Commissioner and thereafter he approached the Income Tax Appellate Tribunal challenging the said order of assessment of the appellate authority. The matter is still pending before the Appellate Tribunal. In the meantime, the Tax Recovery Officer issued a certificate that the total amount of tax due is Rs. 1,17,74,448. The petitioner approached the Tax Recovery Officer for allowing him to pay the amount in instalments of Rs. 5,000 per month whereby the Tax Recovery Officer allowed instalment of Rs. 10,000 per month and the petitioner was paying the said instalments. Subsequently, vide impugned order dated 27-2-2004, the petitioner was directed to pay a sum of Rs. 2...
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