Guwahati Court June 2004 Judgments

Megha Assam Coal Mines (India) Ltd. and anr. Vs. State of Assam and or ...

Court: Guwahati

I.A. Ansari, J. Case of the writ Petitioners:1. In the nutshell, the case of the writ petitioners may be stated as follows : - The writ petitioner No. 1 is a limited Company, incorporated under the Companies Act, 1956, having its registered office at Guwahati, Assam, with the petitioner No. 2 as its Director. In the year 1991, the State Government announced a new Industrial Policy called 'Industrial Policy and Incentive Scheme of 1991' and gave certain incentives, in the form of sales tax exemption, to new industrial Unit to be established within the State of Assam after 01.04.1991. This incentive of sales tax exemption was granted, for a period of 7 years, on the sale of finished products as well as on purchase of the raw materials. After enactment of the Assam General Sales Tax Act, 1993 (hereinafter referred to as 'the AGST Act, 1993'), the Government of Assam, in exercise of the powers vested in it under Section 9(4) thereof, framed a Scheme named 'Assam Industries (Sales Tax Con...

Md. Makbul Hussain, Vs. State of Assam

Court: Guwahati

Ansari, J.1. By the impugned judgment and order, dated 6.1.2000, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 12/1997, the accused-appellants stand convicted under Sections 302 and 323 read withSection 149 IPC and each of them stand sentenced to suffer, for theirconviction under Sections 302/149, imprisonment for life with fine of Rs. 2000/-each and, in default of payment of fine, rigorous imprisonment for a furtherperiod of six month and to suffer, for their conviction under Sections 323/149IPC, rigorous imprisonment for three months. 2.The case against the accused-appellants, as unfolded at the trial, may,in brief, be stated as follows:On 29.9.1993 at about 7.30 am, the present accused-appellants alongwith accused Nasiruddin and Nizamuddin (since acquitted) came, armed with dao, lathi, spear, etc., to the land of Abdul Khaleque, where Abdul Khalequeused to reside with his family by constructing a house and asked AbdulKhaleque and his family to leave, but Abdu...

Baby Das Vs. Union of India (Uoi) and ors.

Court: Guwahati

Amitava Roy, J.1. This application for a writ of Habeas Corpus has been made by the wife of a missing person complaining against the inaction of the State Police Authorities in the matter of investigating into the first information report lodged with the Officer-in-Charge of the Basistha Police Station in this regard. The petitioner also seeks an appropriate, writ directing the respondents to handover the matter to the Central Bureau of Investigation.2. We have heard Mr. R. Das, learned counsel for the petitioner and Mrs. A Hazarika, learned Additional senior Government advocate, Assam.None has appeared for the other respondents.3. The abridged facts necessary to be noticed are that the petitioner's husband ; Shri Ranjan Kumar Das was employed as a Lance Naik with the Assam State Electricity Board Security Force at the relevant time. According to the petitioner, he is missing from 6/8/1999 and his whereabouts are not known. As after frantic searches at the possible places, the petiti...

Hare Ram Singh, Urban Programme Officer Vs. State of Arunachal Pradesh ...

Court: Guwahati

B.K. Sharma, J.1. Right of a deputationist for absorption in the borrowing department andthe procedure to be adopted for appointment on deputation are the twinissues involved in this writ proceeding. 2. The petitioner who at the relevant time had rendered about 15 years ofservice as Junior Engineer in the Public Works Department, ArunachalPradesh, offered his candidature in response to a proposal dated 20.10.2000of the Government of Arunachal Pradesh in the Urban Development Department for filling up posts of Urban Programme Officer on deputationbasis. After observing necessary formalities, the petitioner was appointed asUrban Programme Officer on deputation basis for a period of one year by anorder dated 7.6.2001. The petitioner joined the assignment on 2.7.2001. Hissuch assignment, although was for one year, was extended for another six (6)months to 3.1.2003. On expiry of term of deputation on 3.1.2003, thepetitioner was not repatriated and he continued to hold the post without anyf...

G.R. Diary and Food Products Pvt. Ltd. Vs. National Small Industries C ...

Court: Guwahati

B.K. Sharma, J.1. The manner and method of return of the outstanding loan amountof the petitioner to the respondents is the dispute raised in this writpetition.2. The petitioner is a Public Ltd. Company registered under theCompanies Act, 1956. It set up cow milk processing plant at Khanapara,Guwahati. It has been granted with a provisional registration as a small scale industry by the Director of Industries, Assam. It has also been issued with the necessary trade license by the Guwahati Municipal Corporation. The petitioner entered into an agreement with the respondent Corporation for availing financial assistance on certain terms and conditions which included finance for plants and machineries on hire purchase system. The total amount of finance assistance amounted to Rs. 48,8,441/- against hire purchase system. The interest was fixed at the rate of 14.5 percent per annum.3. According to the petitioner due different reasons and adverse conditions the plant was not in a position to ge...

Hare Ram Singh, Urban Programme Officer Vs. State of Arunachal Pradesh ...

Court: Guwahati

B.K. Sharma, J.1. Right of a deputationist for absorption in the borrowing department andthe procedure to be adopted for appointment on deputation are the twinissues involved in this writ proceeding. 2. The petitioner who at the relevant time had rendered about 15 years ofservice as Junior Engineer in the Public Works Department, ArunachalPradesh, offered his candidature in response to a proposal dated 20.10.2000of the Government of Arunachal Pradesh in the Urban Development Department for filling up posts of Urban Programme Officer on deputationbasis. After observing necessary formalities, the petitioner was appointed asUrban Programme Officer on deputation basis for a period of one year by anorder dated 7.6.2001. The petitioner joined the assignment on 2.7.2001. Hissuch assignment, although was for one year, was extended for another six (6)months to 3.1.2003. On expiry of term of deputation on 3.1.2003, thepetitioner was not repatriated and he continued to hold the post without anyfo...

G.R. Diary and Food Products Pvt. Ltd. Vs. National Small Industries C ...

Court: Guwahati

Reported in: II(2007)BC672

B.K. Sharma, J.1. The manner and method of return of the outstanding loan amountof the petitioner to the respondents is the dispute raised in this writpetition.2. The petitioner is a Public Ltd. Company registered under theCompanies Act, 1956. It set up cow milk processing plant at Khanapara,Guwahati. It has been granted with a provisional registration as a small scale industry by the Director of Industries, Assam. It has also been issued with the necessary trade license by the Guwahati Municipal Corporation. The petitioner entered into an agreement with the respondent Corporation for availing financial assistance on certain terms and conditions which included finance for plants and machineries on hire purchase system. The total amount of finance assistance amounted to Rs. 48,8,441/- against hire purchase system. The interest was fixed at the rate of 14.5 percent per annum.3. According to the petitioner due different reasons and adverse conditions the plant was not in a position to gen...

Md. Makbul Hussain, Vs. State of Assam

Court: Guwahati

Ansari, J.1. By the impugned judgment and order, dated 6.1.2000, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 12/1997, the accused-appellants stand convicted under Sections 302 and 323 read withSection 149 IPC and each of them stand sentenced to suffer, for theirconviction under Sections 302/149, imprisonment for life with fine of Rs. 2000/-each and, in default of payment of fine, rigorous imprisonment for a furtherperiod of six month and to suffer, for their conviction under Sections 323/149IPC, rigorous imprisonment for three months. 2.The case against the accused-appellants, as unfolded at the trial, may,in brief, be stated as follows:On 29.9.1993 at about 7.30 am, the present accused-appellants alongwith accused Nasiruddin and Nizamuddin (since acquitted) came, armed with dao, lathi, spear, etc., to the land of Abdul Khaleque, where Abdul Khalequeused to reside with his family by constructing a house and asked AbdulKhaleque and his family to leave, but Abdul...

Adu Bakkar Siddique Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. Heard Mr. A.K. Goswami, learned counsel for the petitioner and Mr. Joinal Abedin, learned counsel for the respondent No. 4. Also heard Mr. N.C. Phukan, learned Govt. Advocate, Assam.2. The challenge in the present writ application, is against a judgment and order dated 9.10.2002 passed by the Learned District & Sessions Judge, Nagaon in Election Petition No. 1 of 2002 dismissing the election petition filed by the writ petitioner challenging the election of the respondent No. 4 to the post of President No. 30 Tuktuki Gao Panchayat.3. The Learned District Judge on a consideration of the rival pleadings advanced by the parties framed the following issues for determination in the election petition:(i) Whether there is cause of action?(ii) Whether there were anomalies in the counting process?(iii) To what relies /relies the parties are entitled? 4. In so far as Issue No. (ii) is concerned, the discussions in the judgment and order under challenge would go to show that th...

Koijam Suraj Singh Vs. Yengkhem Ongbi Barni Devi and ors.

Court: Guwahati

A.M. Saikia, J.1. Heard Mr. K. Mohendra, learned counsel for the applicant and also heard Mr. A. Bimal, learned counsel for the respondent.2. This application has been filed under Order 22, Rule 3, read with Rule 11, of the CPC seeking for substitution of the appellant Koijam Suraj Singh, as the legal representative of appellant No. 2 Yengkham Ninhol Promila Devi who died on 11.4.2003, being for adopted on.3. According to the learned counsel for the applicant, Late Promila Devi adopted him as her adopted son on 5.10.1971 but having no knowledge of the legal consequence of the adoption, the said adoption was not registered as required under the law for which on 3.1.2000, before her death, a Deed of Adoption was executed by Smt. Koijam Ongbi Imbempishak Devi, the mother of the applicant in favour of the appellant No. 2 giving the applicant in adoption and the same was registered on 6.1.2000.4. To bolster up his such contention a photo copy of the said deed of adoption has been enclosed ...