Guwahati Court April 2004 Judgments
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RobIn Das Vs. Civil Judge (Sr. Div.) and anr.
Court: Guwahati
Decided on: Apr-08-2004
A.H. Saikia, J.1. Heard Ms. P. Chakravorty, learned counsel for the petitioner.2. Keeping in view the nature of question involved in the case, this Court proposes to dispose of the same at the motion stage today itself.3. By this application under Article 227/226 of the Constitution of India, the petitioner has challenged the order dated 20.11.03 passed by the learned Civil Judge (Sr. Division), Nagaon in Title Suit No. 31/03 by which the petitioners prayer for acceptance of the written statement filed after the statutory period of 90 days, has been rejected.4. Assailing the impugned order abovementioned, Ms. Chakravorty, learned counsel for the petitioner, has strenuously argued that the provision of filing written statement within 90 days as envisaged under Order VIII, Rule 1 C.P.C. cannot be applied strictly confining to the said time frame only in as much as refusal to accept the written statement after the expiry of the statutory period has highly prejudiced the petitioner.5. For...
Sh. Lalhunpuia Vs. State of Mizoram
Court: Guwahati
Decided on: Apr-08-2004
B.K. Sharma, J. 1. This revision petition has been registered on the basis of the petition filed by the accused who is in jail after his conviction in Kolasib P. S. Case No. 171/2002 under Section 376(f) of the Indian Penal Code which culminated to G.R. Case No. 271/2002. Upon such conviction he was sentenced to under go imprisonment for 6(six) years and presently, he is in District Jail, Kolasib.2. On the basis of the application sent by the petitioner from jail, this court has registered the instant case and requested Mr. S. N. Meitei, learned counsel to represent the accused as amicus curiae.3. I have heard Mr. S. N. Meitei, learned counsel appearing on behalf of the petitioner as well as Mr. Aldrin Lallawmzuala, learned Asstt. Govt. advocate for the State of Mizoram.4. The prosecution story of the case in brief, is that, on 29.9.2002 one Lalchhanhimi submitted an FIR to the Officer-in-charge, Kolasib police station to the effect that on 24.9.2002 at about 2.00 to 3.00 p.m. her dau...
Thounaojam Romie Devi Vs. A.R. Khan and ors.
Court: Guwahati
Decided on: Apr-07-2004
S.K. Kar, J.1. This application at the instance of Smt. Thounaojam Romie Devi, the petitioner in W.P.(C) No. 1262 of 2000, was entertained on 3.8.2001 by this court issuing notices to the respondents to show cause as to why action under section 11/12 of the contempt of Courts Act, 1971 read with Rule 9 of the Gauhati High Court (Contempt of Courts) Rules, 1977 should not be initiated against the respondents. In the meantime names of two more respondents (respondents 5 and 6) were inserted.2. It appears that in the writ petition aforesaid this court passed an order on 14.9.2000. The operative portion of which goes as follows :'A prayer has been made in this writ petition that the petitioner may be allowed to hold the post on ad hoc basis till the post is filled up on regular basis through direct recruitment. Since the petitioner has been holding the post on ad hoc basis for about 2 (two) years, she shall be allowed to hold the post till the post is filled up on regular basis by direct ...
Mechfield Industries Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Apr-07-2004
P.G. Agarwal, J.1. Heard Mr. B.P. Todi, learned Senior Counsel for the petitioner and Mr. H.K. Mahanta, learned Government Advocate appearing for the State.2. The petitioner before us M/s. Mechfield Industries was a registered dealer under the Assam Sales Tax Act, 1947 and Assam Finance (Sales Tax) Act, 1956. For the periods ending September 30, 1981, March 31, 1982, September 30, 1982, March 31, 1983 and September 30, 1983 the petitioner filed its return as required and assessments were made. The assessment for the period September 30, 1983 was completed by the Superintendent of Taxes, Unit-D, Guwahati, Under Section 9(3) of the Assam Finance (Sales Tax) Act, 1956 on March 15, 1984. Thereafter, the Deputy Commissioner of Taxes, Guwahati, Zone-C, vide letter dated December 1, 1997 issued show cause notice to the petitioner for the following effect:No. GE/Zone-C/569/97-98/1,001 dated December 1, 1997To M/s. Mechfield Industries, Paltanbazar, Guwahati. Sub: Notice Under Section 36 of th...
Bina Pd. Sonari Vs. Manager, United India Insurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Apr-07-2004
I.A. Ansari, J.1. This appeal is under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the said Act') against the award, dated 27.06.03, passed by the learned Ad-hoc Additional District Judge No. 2 and Member MACT, Kamrup, Guwahati, granting, in favour of the appellant, compensation to the tune of Rs. 1,30,000.00, including the amount of non-fault liability, with interest at the rate of 9 percent per annum from the date of passing of the award till realisation of the amount so awarded, the awarded amount being recoverable from the insurer, namely, M/s united India Insurance Company Ltd.2. The material facts and various stages, which led to the present appeal, may be summarised as follows :-(i) The claimant/appellant made an application under Section 166 of the Motor Vehicle Act, 1988, seeking compensation for the death of her unmarried son, Gautam Prasad Sonari, a handiman of truck, who used to earn Rs. 2,500 P.M. as salary, the case of the claimant being that ...
Masabbir Ali Majumdar and ors. Vs. Tazamul Ali Baskar
Court: Guwahati
Decided on: Apr-07-2004
A.H. Saikia, J.1. Heard Mr. JM Choudhury, learned Sr. counsel assisted by Mr. BM Choudhury, learned counsel for the petitioner. None appears for the respondents despite notice.2. The facts in brief which relate to filing of the Criminal Revision are that an FIR was lodged on 4.2.93 by one Md. Tajamal Ali Baskar against the present petitioner and other two others namely, Azad Hussain Majumdar and Piyar Ali with Sonai Police Station alleging that accused persons trespassed to the complainant's land and caused grievous hurt to him on the same date. On the basis of such Ejahar, police registered a case being Sonai Police Station Case No. 36/93 and accordingly the investigation ensued. During the investigation, the police found no case against the accused person under Section 447 IPC. However, a prima-facie case was found against al those three accused persons including the petitioner under Section 323 IPC. Since the offence under Section 323 IPC was not a cognizable offence, the police ev...
Akham Joy Kumar Singh Vs. Akham Ibobi Singh and ors.
Court: Guwahati
Decided on: Apr-06-2004
S.K. Kar, J.1. This Revision Petition has tried to invoke provisions of Article 227 of the Constitution of India as well as Section 401 of the Code of Criminal Procedure, 1973 praying for quashing the order dated 22.9.2003 passed by the Family Court in Cril. Misc. Case No. 27 of 2003 arising out of Cri. Maintenance Case No. 45 of 2002.2. The order impugned has rejected an application for impleadment of other sons and daughters of the parents (respondent Nos. 1 and 2 herein). The petitioner herein Shri Akham Joykumar Singh who was O.P. No. 2 in the petition for maintenance has submitted that this petition is intended to interpret the phrase appearing in Section 125(1)(d) of the Criminal Procedure Code, 1973, which goes as follows:any person, having sufficient means, neglects or refuses to maintain...... his father or mother....3. According to the petitioner, respondent Nos. 1 and 2 who are his parents filed a case in the Family Court, Manipur, seeking maintenance against two of their s...
Dr. Surjit Giri and 24 ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-06-2004
P.G. Agarwal, J. 1. All these 9(Nine) Writ petitions were heard analogously and are being disposed of by this common order.2. Heard Mr. M.K. Choudhury and Mr. A.K. Goswami, learned counsel for the petitioners and Mr. P.K. Mushahary, learned sr. Govt. advocate, Assam.3. The writ petitioners before us are all qualified Doctors, having M.B.B.S. Degree, and are presently undergoing P.O. Diploma Course/ Degree Courses in various disciplines in the three Medical Colleges of Assam. The Director of Medical Education, Assam had invited application for admission into the Post-Graduate Courses in the Medical Colleges of Assam for the Sessions 2001-02, 2002-03, 2003-04 and 2004. The Entrance Examination is schedule to be held from 9th April, 2004. The petitioners are aggrieved by Clause 6(iv) of the Assam Medical Colleges (Regulation of Admission to Post-Graduate Courses) Rules, 2004, hereinafter preferred to as 'the Rules'. Clause 6(iv) of the Rules reads as follows :'6. Eligibility for Entrance...
Jyotirindra Bhattacharjee Vs. Sona Bala Bora and ors.
Court: Guwahati
Decided on: Apr-05-2004
A.H. Saikia, J. 1. Both the appellant and respondents instituted two Title Suits against each other in the Court of District Judge/Additional Deputy Commissioner, Shillong claiming their respective right, title and interest over the same plot of land with three houses standing thereon, i.e., suit land in question. The appellant filed Title Suit being T. S. No. 3(H)/78 against the respondents for declaration of right, title and interest, as absolute owner in the suit property and also for recovery of vacant possession by evicting the respondents therefrom as well as mesne profit. On the other hand, the respondents as plaintiff Nos. 1 to 5 instituted the suit being T. S. No. 12(H)/79 praying for declaration that (1) the predecessor-in-interest, Late Bhagirath Bora, the vender of the appellant, had no absolute right, title and interest over the suit property even though allotment was given in his name, (2) the Sale Deed executed by him vide Sale Deed dated 21.9.1977 was illegal and void...
Saumya Mining Pvt. Ltd. Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Apr-02-2004
P.G. Agarwal, J.1. Both these writ petitions are disposed of by this common order. For the purpose of appreciation, the facts of W.P. (C) 2230 of 1999 are detailed.2. The petitioners have challenged the deduction of tax at source by the respondents Under Section 27 of the Assam General Sales Tax Act, 1993 for short, 'the Act', read with rule 35 of the Assam General Sales Tax Rules, 1993 for short, 'the Rules'.3. The petitioner, Saumya Mining Pvt. Ltd., had submitted their tender pursuant to the NIT issued by the respondents for the work of removal of hard shale/carbonaceous shale by means of heavy earth moving machinery for an estimated total quality of 29,53 lac cubic metre for three years by Mine No. II of Tirap Colliery. The said work was allotted to the petitioner and the petitioner-company deployed Heavy Earth Moving Machinery, for short 'HEMM', for execution of the said work. The petitioner was submitting the bills and getting payments but thereafter, on the basis of a clarifica...
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