Guwahati Court July 2004 Judgments

K.K. Sarma Vs. Superintendent of Taxes and ors.

Court: Guwahati

B.K. Sharma, J.1. This writ application has been filed assailing the legality and validity of the assessment order dated March 11, 1994 passed by the Superintendent of Taxes, Guwahati Unit-A for the period ending from July 1, 1993 to February 28, 1994 under the Assam General Sales Tax Act, 1993 against the petitioner.2. According to the averment made in the writ petition the petitioner is connected in the business of purchase and sale of lottery tickets which are taxable under the said Act. The respondent No. 1 issued a notice dated November 30, 1993 requiring the petitioner to show cause against non-submission of monthly statement of turnover with payment of due taxes under the provisions of the said Act. The petitioner was directed to show cause in writing by appearing in person on December 4, 1993 as to why penal action should not be taken as per the provisions of the Act. According to the petitioner the notice was received by his representative as he was out of station and accordi...

Dr. Ajoy Roy Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2005)(1)SLJ243CAT

1. The applicant who is a Divisional Medical Officer in the Railway Hospital was not considered for the Junior Administrative Grade as per Annexure-I order of the Railway Board dated 18.3.2002 and his juniors were promoted and included in the list and his legitimate claim for the promotion was rejected without slating any valid reason. His representation dated 3.5.2002 was replied to by the Board slating that taking into account all the relevant factors the DPC did not find him suitable for empanelment/promotion to JA Grade. Aggrieved by the action of the respondents the applicant has filed this O.A. seeking the following reliefs: "It is, therefore, prayed that Your Lordships would be pleased to admit the application, call for the entire records of the case, including the ACRs of the applicant and the minutes of the DPC held on 15.11.01, ask the respondents to show cause as to why the applicant should not be promoted to the Junior Administrative Grade and after perusing the cause show...

Satya Charan Biswas Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J. 1. By this writ application, the petitioner has challenged the order relating to re-fixation of seniority of the respondent No. 4 over him and consequently allowing the said respondent to hold the charge of Principal of the School in question with financial power under FR 49(C).2. The basic facts leading to the filing of the instant writ petition are as follows:3. The petitioner was initially appointed as Assistant Teacher on 10.8.1970 in the intermediate scale of pay. He was upgraded to the Graduate scale of pay w.e.f. 1.9.1973 as an apprentice teacher on a stipendary post under Half-a-Million Job Programme by an order dated 1.3.1974. On 14.1.1975, the Government of Assam in the Education Department sanctioned creation of 1000 posts of Graduate teacher w.e.f. 1.1.1975 for absorption of 1000 Graduate Stipendary Teachers under the said programme. Pursuant thereto the services of the writ petitioner was absorbed in the Graduate Cadre by an order dated 3.2.1975. Thereafte...

Abdul Kadir Akand Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. By this writ petition, the petitioner has made a challenge to an order by which his earlier order of transfer has been cancelled after implementation of the same.2. The petitioner at the relevant point of time was serving as an Assistant Teacher in Rajagadhua Senior Madrassa. He had been serving as such in the School ever since his joining the school on 15.8.1990. By an order dated 28.1.2004 the petitioner was transferred from the said school situated in the district of Morigaoh to another school namely Kuaripukhuri Senior Madrassa in the district of Darrang which is stated to be the home district of the petitioner. The petitioner was so transferred against the vacant post which had arisen due to the retirement of the incumbent and the petitioner was transferred to the said school and the post in his own scale of pay with effect from the date of his joining. The petitioner was accommodated by such a transfer as per the request made by himself and his wife.3. Pursuant...

Guwahati Neurological Research Centre Limited Vs. Commissioner of Taxe ...

Court: Guwahati

B.K. Sharma, J.1. Both the writ petitions raising the common questions of law on more or less identical set of facts, were heard analogously and are being disposed of by this common judgment and order.2. The question for determination in these writ petitions is as to whether the petitioners could have been registered as a 'dealer' under section 12 of the Assam General Sales Tax Act, 1993 without assigning any reason.3. The brief facts leading to the filing of the writ petition being W.P. (C) No. 2392 of 2000 are that the petitioner was issued with a notice under section 12(1) of the aforesaid Act. The notice was issued by the Superintendent of Taxes, Guwahati, Unit 'D' expressing his opinion that the petitioner was liable to registration under the aforesaid Act under section 8(l)(e), under the Schedule VI vide entry serial No. 24, but the petitioner had not made an application for the same. Accordingly by the said notice, the petitioner was directed either to apply or to show cause in...

State of Tripura and ors. Vs. Sri Tarun Chandra Dey and ors.

Court: Guwahati

T. Vaiphei, J.1. These two revision petitions involving identical questions of fact and of law are being disposed of by this common judgment.2. Whether the decrees dated 12-4-2001 passed by the learned Civil Judge, Junior Division, Udaipur, South Tripura in Title Suit No. 11 of 1999 and Title Suit No. 14 of 1999 are executable or not is the moot point in these two revision petitions. Having held them to be executable by the learned Civil Judge in the impugned orders dated 12-1-2004 in Misc. 9(A) of 2003 in Ex(T) 04 of 2003 and Misc. 9(B) of 2003 in Ex.(T) 03 of 2003, the two revision petitions have been filed by the State of Tripura and others. The two decrees, out of which the impugned orders have been passed by the executive Court are in identical terms and, therefore, it is sufficient to refer merely to one of such decrees, as illustrative of the nature of the decrees, which is as follows :--'(i) Plaintiffs are entitled to get the scale of Rs. 1450 to 3710/- as initial scale of S.I...

Bijoy Kr. Nath and ors. Vs. Assam State Agricultural Marketing Board a ...

Court: Guwahati

B.K. Sharma, J.1. This writ application is directed against the release of the petitioners from their Muster Roll employment under the respondents. They have also prayed for a declaration that they are regularised permanent employees of the respondents.2. The seven writ petitioners were engaged as Muster Roll workers (Grade-IV) under the respondent No. 3 i.e. Dhekiajuli Regulated Market Committee. The first three petitioners were so engaged with effect from 1st December, 1998. While the 5th petitioner was so engaged with effect from 31st July, 2000. The remaining three petitioners were engaged with effect from 21st June, 2000. Although the petitioners have not annexed any copy of orders of engagement but have placed on records the letter dated 24.7.2001 by which the authorities of the Dhekiajuli Regulated Market Committee (DRMC) intimated the Chief Executive Officer, Assam State Agricultural Marketing Board (ASAMB) about their such engagement and the resolution adopted by the Market C...

Deba Kanta Sarma Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. The petitioner who has since retired from service claiming himself to have been promoted as Assistant Headmaster and thereafter as Headmaster in the particular school in which he had worked, has prayed for fixation of his pensionary and other retirement benefits on that basis instead of fixation of such benefits treating him to have retired from service as Assistant Teacher by the impugned decision.2. The petitioner while was serving as Assistant Teacher in Chakalaghat High School, later on upgraded as Higher Secondary School was allowed to hold charge as Assistant Headmaster and thereafter as Headmaster for the periods from 1.4.1991 or. 30.1.1993 and 1.5.1993 to 31.3.1994 respectively in addition to his own duties. Such arrangements had to be made on retirement of the regular incumbents. On 31.3.1994, the petitioner retired from service on attaining the age of superannuation. The petitioner was granted provisional pension as Assistant Teacher and his gratuity was al...

Indian Oil Corporation Ltd. Vs. Krishna Kanta Bhuyan and anr.

Court: Guwahati

B.K. Sharma, J.1. Both the writ petitions are on same set of facts and raise the common questions of law and thus were heard analogously and are being disposed of by this common judgment and order.2. The Writ Petition being W.P. (C) No. 5331 of 2000 has been filed by the Indian Oil Corporation Ltd. (Refinery & Pipeline Division), Guwahati Oil Refinery, Noonmati, Guwahati assailing the legality and validity of direction contained in the award dated 30.3.2000 passed by the Industrial Tribunal, Assam, Guwahati in Reference Case No. 3(C)/ 89. By the said direction, the respondent-workman was directed to be allowed to join his service from which he was released without, however, any pay from the date of release from service to the date of reinstatement. The said period was directed to be treated as leave without pay. The period was also directed to be treated for all other financial benefits like pension, gratuity, etc.3. The writ petition being W.P. (C) No. 7359/2002 has been filed by the...

On the Death of Sukhamay Paul His Legal Heirs Prabha Bati Paul Vs. on ...

Court: Guwahati

A.H. Saikia, J.1. Heard Mr. A.R. Benerjee, learned Senior counsel assisted by Miss B. Chaudhury, learned Counsel for the appellants and also heard Mr. P.C. Deka, learned Senior counsel assisted by Mr. R.L. Yadav and Mrs. K. Yadav, learned Counsel for the respondents.2. This Second Appeal has been brought from the judgment and decree dated 18.12.1997 passed by the learned Addl. District Judge, Cachar at Silchar in T.A. No. 5/93 reversing the judgment and order dated 20.3.1993 passed by the learned Assistant District Judge No. 2, Cachar at Silchar in T.S. No. 17/1977.3. Though the Court by order dated 27.7.1998 at the time of admission of the Second Appeal accepted the grounds Nos. A, D and E incorporated in the Memo of Appeal as substantial questions of law, this Court upon hearing the learned Counsel for the parties, when the matter is taken up for final hearing, proposes to formulate precisely the following substantial question of law :Whether the First Appellate Court committed the ...