Guwahati Court March 2004 Judgments
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Sukhdeo Rai Vs. Ashok Kr. Rai and ors.
Court: Guwahati
Decided on: Mar-09-2004
Ranjan Gogoi, J. 1. Strange indeed is the manner in which the present litigation has meandered for the entire length of the last decade and a substantial part of the present. It is to halt this unnatural process, that exposes the fragile side of the judicial system, that this Court has attempted to put the litigation back on its track after an elaborate hearing at the motion stage.2. The facts in brief may be noticed at the outset.The Respondent No. 1, herein as the plaintiff, has instituted Title Suit No. 25/91, for a decree of declaration of his title in respect of the suit property and for recovery of possession. The suit was filed on 8.2.91 and summons was served on the defendant No. 1 in the suit who is the petitioner herein on 24.9.91 (herein after referred to as the defendant). The defendant appeared and sought time to file written statement, which was granted to him on several occasions. On 17.3.93, the learned Trial Court fixed the suit for ex parte hearing as till the said d...
Md. Sazid Hazarika Vs. Mustt. Alam Ara Begum
Court: Guwahati
Decided on: Mar-07-2004
I.A. Ansari, J. 1. This revision is directed against the order, dated 14.12.01, passed by the learned Chief Judicial Magistrate, Guwahati, in Misc. Case No. 25/ 97, under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, whereby the learned Court below directed the second party-revision petitioner to pay to the first party-opposite party a sum of Rs. 50,000 as Mahr (Dower) and Rs. 5,000 as maintenance for the period of Iddat.2. In a nutshell, the facts giving rise to the present revision may, in brief, be stated as follows :(i) The first party-opposite party instituted Misc. Case No. 25/97 aforementioned claiming payment of dower amount to the tune of Rs. 50,000 and maintenance for the period of Iddat, her case being, briefly stated, thus. The parties to the proceeding were legally wedded husband and wife, their marriage having been solemnized, on 8.7.91, according to Muslim Personal Law. The Mahr (dower) fixed for the marriage was Rs. 50,001. After the marria...
Bhuwalka Trading and Tea Co. and anr. Vs. Tara Bhutoria
Court: Guwahati
Decided on: Mar-05-2004
I.A. Ansari, J. 1. This revision has arisen out of the order, dated 18.6.1999, passed by the learned Civil Judge (Sr. Division) No. 2, Cachar, Silchar, in Money Suit No. 10/96. Perused the materials on record including the impugned order.2. I have heard Mr. N. Choudhury, learned counsel, appearing on behalf of the petitioners, and Mr. O.P. Bhati, learned counsel for opposite party.3. The plaintiff-opposite party instituted Money Suit No. 10/96 aforementioned claiming, inter alia, recovery of the monetary dues and also compensation. The defendants, who are petitioners in the present revision, filed their written statement contending, inter alia, that the Court had no territorial jurisdiction to try the suit and that the suit was barred by limitation. Both sides were heard by the learned trial Court on these two issues as preliminary issues. By the impugned order, the learned trial Court, while holding to the effect, inter alia, that the Court had the territorial jurisdiction to try the...
Smt. Sapam Ongbi Loidang Devi and anr. Vs. Smt. Takhelkumbam Ongbi Raj ...
Court: Guwahati
Decided on: Mar-05-2004
S.K. Kar, J.1. It is really sad but is a fact that after consuming an unusual period of more than 10 yrs., this second appeal, registered on 7-1-1993, came up for hearing. On 17-7-95, this Court made an observation that the appeal was being dragged for nothing with further observation that none of the counsel engaged for the parties were either appearing or taking any appropriate steps towards the progress of the appeal. The matter continued to get adjourned on this or that grounds on request from the parties. It appears that the matter was left totally uncared for since 17-12-98 till 27-5-2003. Further prayer for adjournment was, however, refused and matter was heard on 19-2-2004.2. This appeal initially registered on 29-8-85 as C.A. No. 6/85 before this High Court was send down on ground of pecuniary jurisdiction to lower Court vide order dated 10-11-89. However, on admission, stay of execution of impugned decree was allowed by this Court vide order dated 12-1-1993 (Misc. Appln. No....
Dr. Mrs. Alaka Goswami and Dr. Anil Kumar Goswami Vs. Commissioner of ...
Court: Guwahati
Decided on: Mar-05-2004
P.P. Naolekar, C. J.1. The appellant in I. T. A. No. 43 of 2003, Dr. (Mrs.) Alaka Goswami, is a medical practitioner and her husband, Dr. Anil Kumar Goswami, the appellant in I. T. A. No. 42 of 2003, is an ex-Principal of the Cotton College, Guwahati. Both are assessees under the Income-tax Act, 1961 (for short 'the Act').2. Search and seizure was conducted on August 21, 1996, under Section 132 of the Act at the residence of the appellants. In response to the notice under Section 158BC, the appellants filed return disclosing undisclosed income for the block period of April 1, 1986, to August 21, 1996. In the said block period the undisclosed income for the assessment year 1995-96 was also included and the appellants claimed that for the period relevant to the said assessment year 1995-96, comprised in the block period, the Assessing Officer ought to have determined the undisclosed income after allowing deduction for basic exemption, i.e., the maximum amount on which no income-tax was ...
Plavita Borah Vs. State of Assam and anr.
Court: Guwahati
Decided on: Mar-05-2004
D. Biswas, J.1. In Ajay Kumar Singh v. State of Bihar (1994) 4 SCC 401 and in Ritesh R. Shah v. Dr. Y.L. Uamul and Ors. (1996) 3 SCC 253, the Hon'ble Supreme Court dealt with the question relating to admission of reserved category candidates to graduate and post graduate courses in the Medical Colleges. The law settled is that students from reserved category who are entitled to be admitted on the basis of merit against open seats, though belonging to a reserved category, cannot be considered for admission against seats reserved for reserved category. Such students have to be treated as open category candidates for the purpose of computing percentage of reservation. However, they should be given an option for admission to Graduate or Post Graduate Courses in Colleges where seats kept reserved for reserved category and, thereafter, less meritorious reserved category candidates should be considered for whichever Colleges where seats are available.2. In the instant case, the petitioner is...
Bharat Ferrous (P) Ltd. Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-04-2004
D. Biswas, J.1. The above mentioned writ petitions pose a common question of law for adjudication. Hence, all these writ petitions are taken up together for disposal.2. Mr. G.N. Sahewalla, learned senior counsel represented the writ petitioners in W.P.(C) No. 2366 of 1998. The learned counsel appearing for the petitioners in other writ petitions adopted the argument advanced by Shri Sahewalla. Shri B. Sharma, learned Addl. Central Government Standing Counsel appeared for the respondent Union of India.3. In Civil Rule No. 2366 of 1998, the petitioner Company challenged the order dated 24-10-1997 (Annexure-IX) passed by the Assistant Commissioner (Central Excise), Tinsukia whereby excise duty has been levied payable at the rate of Rs. 4,16,666/- per month. The petitioner Company prayed for direction for re-determination of the excise duty with alternative prayer for direction to the authority for accepting Rs. 3,12,500/- per month and not Rs. 4,16,666/-. In other writ petitions, similar...
Jaidul Islam and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-04-2004
Ranjan Gogoi, J. 1. The 6 (six) petitioners before this Court are casual employees of the Agriculture department of the State of Assam, who are presently on a fixed pay of Rs. 1800 per month. The petitioners may, therefore, be conveniently described as fixed pay casual employees. There are a large number of similarly situated fixed pay casual employees presently working in the State.2. The grievance projected in the writ petition is that the fixed pay of casual employees, from time to time, have been revised/increased and such fixed pay been pegged to the minimum of the scale pay of regular Grade-IV employees. In other words, what has been contended is that with each revision of the pay scale of the regular Grade-IV employees of the State, following the recommendation of the Pay Commission and consequential Revision of Pay Rules, the fixed pay of casual employees has also been raised to the level of the minimum of the regular scale of pay of Grade-IV employees. Materials have been lai...
Commissioner, Kendriya Vidyalaya Sangathan and ors. Vs. Radhey Shyam M ...
Court: Guwahati
Decided on: Mar-04-2004
S.K. Kar, J.1. The casual background of this petition, filed under Article 226/227 of the Constitution of India praying for an appropriate writ or a direction, is the impugned judgment and order dated 4.2,2003 passed by the Central Administrative Tribunal, Guwahati Bench (in short, 'the CAT') in O.A. No. 384/2002 (Annexure-K to the Writ Petition). 2. The facts leading to the repeated litigations are as follows, shorn of unnecessary details.The respondent herein (Shri Radhey Shyam Mauyra, henceforth to be referred only as 'Mauyra') was the application in O.A. No. 384/2002 aforesaid. The respondent Mauyra was initially appointed as primary teacher in K.V.S., (Kendriya Vidyalaya Sangathan) and subsequently selected as trained graduate teacher in 1993 and then as post graduate teacher in Chemistry from 1995 in K.V.S. Khanapara, Guwahati. He was placed under suspension on 1.6.1999 (vide office order No. 14-5/99-KVS (GR)/2001-93 dated 1.6.1999). Disciplinary proceeding (DP) under Rule 14 of...
Abdul Matlib Vs. Managing Director, Assam Financial Corporation and or ...
Court: Guwahati
Decided on: Mar-04-2004
D. Biswas, J.1. The petitioner was working as Senior Assistant in the Assam Financial Corporation. A departmental proceeding was initiated against him for unauthorized absence from duty in the year 1991, 1992, 1993 and 1994. Initially, the then Secretary, Shri Safidur Rahman was appointed as the Inquiry Officer. Thereafter, he was replaced by Shri B. K. Baruah. The petitioner was imposed with the penalty of dismissal on the basis of the enquiry report submitted by Shri B. K. Baruah. This petition has been filed challenging the appointment of Shri B. K. Baruah and ; imposition of penalty of dismissal and the rejection of the appeal by the respondent authority.2. I have heard Mr. A. M. Mazumdar, learned senior counsel assisted by Mr. S. S. Rahman, learned counsel for the writ petitioner and also Mr. B. K. Goswami, learned senior counsel assisted by Mrs. T. Goswami, learned counsel for the Respondent authority.3. It is submitted by Shri Mazumdar, learned senior counsel that the first Inq...
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