Guwahati Court May 2004 Judgments

Ramjee Yadav and ors. Vs. Tripura Jute Mills Ltd. and anr.

Court: Guwahati

I.A. Ansari, J. 1. As Writ Petition (Civil) Nos. 111/2004, 112/2004, 113/2004 and 114/ 2004 raise common questions of law for determination, all these writ petitions have been heard together and are being disposed of by this common order. 2. (i) Ramjet; Yadav, petitioner in WP(CJ No. 111/2004, initially entered into the service of Tripura Jute Mills Limited (hereinafter referred to as 'TJML') as Line Sardar vide order, dated 19.6.1080, issued by the General Manager, Tripura Jute Mills Limited (hereinafter referred to as 'the TJML'). At the time of entering into the service, the petitioner submitted school certificate in proof of his date of birth, the date of birth, according to the said school certificate, being 30.7.1956. (ii) Sunil Chandra Paul alias Sunil Paul, petitioner in WP(C) No. 112/ 2004, initially, entered into the service of TJML as Worker vide order, dated 1.3.1984, Issued by the Mill Manager, TJML. This petitioner produced the identity card issued by the respondent No....

Bibek Kr. Moitra and ors. Vs. Kamakhya Charan Ghose and ors.

Court: Guwahati

P.G. Agarwal, J.1. Head Mr. D. Mazumdar, learned counsel for the petitioners and Mr. N. Dhar, learned counsel for the respondents.2. This common judgment and order shall dispose of the Criminal Revision No. 285/1999 and Criminal Revision No. 457/1999 which have arisen/directed against the order issuing process in complaint case No. 2274C/99 under Section 420/468 IPC. The petitioners have filed the revisions praying for quashing of the proceeding under Section 482 Cr.P.C.3. The respondents/complainants Shri Kamakhya Charan Ghose, Smt. Anjali Ghose and Sri Indrajit Ghose instituted the complaint case No. 2274C/99 stating inter-alia about certain land disputes between the complainants side and as may as five accused persons. Some civil suit is pending between the parties and the main allegation of the complainants is that their mother late Nivanani Ghose died in the year 1980 but a partition Case No. 219/95-96 was filed by the accused persons without disclosing the fact that Nivanani Gho...

Jodhraj Baid Vs. State of Mizoram and ors.

Court: Guwahati

B.K. Sharma, J.1. These writ proceedings have been initiated seeking a writ of quo-warranto towards removal of the respondent No. 5 who has been designated as Special Judge, Mizoram, Aizawl on ground of being not qualified to hold the office as contemplated under the provisions of Prevention of Corruption Act, 1988 and to restrain him from proceeding in any manner with the trial of the particular criminal case. A further prayer has been made to transfer the criminal trial from Mizoram to the court of Special Judge, Assam, Guwahati.2. The basic facts are not in dispute. One Dr. Zairema of Zarkawt, Aizawl who is allegedly member of the political party called Mizo Peoples Conference lodged an FIR on 4.10.1996 before the Superintendent of Police, Anti-Corruption Branch, Mizoram making a number of allegations against the then Chief Minister of Mizoram, Shri Lal Thanhawla and involving the petitioners and some others, on the basis of some reported discoveries made during the course of searc...

Radhey Shyam Singh Vs. Union of India (Uoi) and ors.

Court: Guwahati

P.P. Naolekar, C.J. 1. That the petitioner-appellant was the Subedar in the Armed Force on 2.11.93. While the appellant was proceeding to join the 4 Rajput Regiment at Jammu, he was detained by the Railway Protection Force's Inspector at Dimapur for alleged possession of ganja. Later on, he was handed over to the army. On 24.10.96, the appellant was charged under Section 69 of the Army Act, 1950 for committing the civil offence i.e., possessing ganja in contravention to Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also under Section 39(a) of the Army Act, 1950 for absenting himself from his unit without leave from 16.9.90 to 2.11.93. After undertaking necessary procedural requirements, the appellant was tried by the General Court Martial and was punished for 4 years rigorous imprisonment and dismissed from service having been found guilty of the charge of unlawful possession of ganja in violation of Section 20(b)(i) of the Narcotic Drugs and Psychot...

Sanjay Jalan Vs. Sunita Jalan

Court: Guwahati

Amitava Roy, J.1. This batch of petitions sadly demonstrates how stray episodes of martial discord not resolved in time may lead to wasteful litigations. The parties bitterly posed with their steeled stances seek transfer of each other's proceedings to the place of their convenience. The husband's father has also joined the fray, praying for quashment of the criminal prosecution launched against him. The matters were heard analogously and are being disposed of by this common judgment and order.2. I have heard Mr. GN Sahewala, Sr. Advocate assisted by Mr. AK Goswami, Mr. P Bora, Mr. M. Aslam, Advocates for Shri Sanjay Jalan the husband and his father Shri Biswanath Jalan as well as Mr. K Agarwal, Advocate assisted by Ms M Buzarbaruah, Mr. R.J. Barua, Mr. A Goswami, Advocates for the wife Mrs. Sunita Jalan.3. The prefatory facts would be necessary to comprehend better the issues involved and the rival contentions. The marriage between the parties was solemnised on 28.1.2000 at Gauahati ...

Nikhil Paul Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J.1. Heard Mr. S.C. Biswas, the learned counsel for the petitioner and Mr. F.H. Laskar, the learned Addl. P.P. for the respondent.2. This revision is directed against the Judgment and Order dated 10.9.1996 passed by the Sessions Judge, Darrang at Mangaldai in Criminal Appeal No. 251 (D-4) 1985 dismissing the appeal preferred against the Judgment and Order passed by the Chief Judicial Magistrate, Darrang, Mangaldai in C.R. Case No. 112/78.3. The prosecution case is brief is that on 13.8.1977, the Area Food Inspector, Tezpur collected the sample of mustard oil from the grocery shop under the name and style of Tara Kanth Bhandar situated at Udalguri and on analysis, the said sample was found not in conformity with the standard laid down under the Prevention of Food Adulteration Act, for short the Act and the rules framed thereunder. The accused petitioner being the vendor was tried for commission of the offence Under Section 7 read with Section 16 of the Act, in C.R. Case N...

Manohar Deka Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J. 1. The 'petitioner who is presently working as Treasury Officer at Abhayapuri Sub-treasury was transferred as Treasury Officer of Kamrup Treasury vice the respondent No. 4 who was transferred as Finance & Accounts Officer in the office of the Director, Pension, Assam. This was so done by a notification dated 28.1.2004. Apart from the petitioner and the respondent No. 4 and four other officers were also transferred from one place to another having chain reaction. 2. Pursuant to the said order of transfer, the petitioner was released from Abhayapuri office with effect from 30.1.2004 enabling him to join duty as Treasury Officer, Kamrup Treasury. By a notification dated 12.2.2004 stated to be in partial modification of the earlier notification dated 28.1.2004, the transfer of the respondent No. 4 was stayed upto 31.3.2004 and the petitioner was directed to continue as Treasury Officer, Abhayapuri sub-treasury till 31.3.2004. This was followed by the impugned notificatio...

Sri Nepal Chandra Paul Vs. State of Tripura and ors.

Court: Guwahati

Reported in: AIR2004Gau160,(2004)3GLR557

ORDERI.A. Ansari, J.1. The Department of Power, Government of Tripura, drew high tension electrical line over the land of the petitioner, namely, Nepal Chandra Paul, at village Shanttnagar (Madhyam), West Tripura district, thereby debarring the petitioner from making use of his land. In these circumstances, the petitioner approached the Department of Power seeking compensation in terms of Section 12 of the Indian Electricity Act, 1910 (hereinafter referred to as 'the Act of 1910'). As the request for compensation, so made, Jailed, the petitioner came before this. Court with a writ application, which gave rise to Writ Petition (Civil) No. 588 of 1999. By judgment and order, dated 7-8-2000, the said writ application was disposed of directing the respondent No. 2, namely, Secretary to the Government of Tripura, Department of Power, to refer the matter to arbitration in accordance with the provisions of Sections 19 and 52 of the Act of 1910. This is clearly reflected from the operative par...

Cwt Vs. Abdulsaeed Abdulhamid

Court: Guwahati

A.M. Kapadla, J.In these two references at the instance of the revenue, the Tribunal, Ahmedabad Bench 'A', under section 27(1) of the Wealth Tax Act, 1957 ('the Act' hereinafter referred to as), has referred the following common questions of law for our opinion for the assessment years 1981-82 and 1982-83 :'(1) Whether, the Tribunal is right in law and on facts in allowing 1/6th as repairs irrespective of the fact that the assessee has incurred any expenditure on repairs, though the same is not allowable deduction in Wealth Tax Act for valuation purposes ?(2) Whether, the Tribunal is right in law and on facts in allowing collection charges at Rs. 10,578 as against the Wealth Tax Officer allowing this expenditure to the extent of Rs. 3,600?'2. Since common questions of law and facts are involved and the controversy raised in both these references is arising out of claim made by the respondent-assessees who are co-owners of the same property each having 1/3rd share in the property, for ...

Arpita Bhattacharjee Vs. Subrata Bhattacharjee

Court: Guwahati

I.A. Ansari, J.1. By this application made under Section 482 Cr.PC, the petitioner, who has been granted maintenance allowance at the rate of Rs. 2000 per month from the Opposite party, has challenged the order, dated, 5.2.2004, passed by the learned Judicial Magistrate 1st Class, Agartala, West Tripura, in Misc. Case No. 186 of 2003, disallowing the petitioner's prayer to direct the S.D.O. (Civil) Sonamura, and/or the Director of Small Savings, Group Insurance, Government of Tripura, as employer of the Opposite party, to deduct the maintenance amount of Rs. 2000 per month from the opposite part's salary and to remit, by way of bank draft, to the petitioner's Savings Bank Account No. 01190054280 maintained at the State Bank of India, Agartala Branch.2. Heard Dr. H.K. Bhattacharjee, learned counsel for the petitioner, and Mr. S.M. Chakraborty, learned counsel for the opposite party.3. There is no dispute before this Court that by an order, dated 5.8.2002, passed in Misc case No. 65 of...