Guwahati Court January 2005 Judgments
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Khiroda Gogi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-20-2005
I.A. Ansari, J.1. By this common judgment and order, I propose to dispose of Writ petition Nos. 1427/2004 and 6645/2003, for, both these writ petitions are intrinsically interlinked and the same have been heard together.2. Le me, first, place the material facts and various stages, which have led to the present two writ petitions.3. The petitioner herein, namely, Smti Khiroda Gogoi, being an elected member of Boginadi Anchalik Panchayat, was elected as President of the said Anchalik Panchayat and while she had been functioning as President of the said Anchalik Panchayat, she, on 27.3.2002, approached this Court with the help of her writ petition, namely, Writ petition No. 6645/2003 aforementioned, her case being, in brief, thus : Boginadi Anchalik Panchayat consists of 8(eight) elected members. The Secretary of the said Anchalik Panchayat received a letter, dated 13.8.2003, addressed to him by some members of the said Anchalik Panchayat expressing their no confidence in the petitioner ...
All Tripura Zarda and Panmasala Merchants Association and ors. Vs. Sta ...
Court: Guwahati
Decided on: Jan-20-2005
A.B. Pal, J.1. By this writ petition, eight petitioners have challenged the validity of the Tripura Sales Tax (Fifth Amendment) Act, 1994 by which the State Legislature imposed five per cent sales tax on zarda. The petitioners, who are dealers of zarda and pan masala, were aggrieved by the said amendment on the ground that for the first time in Tripura, the sales tax was imposed on zarda though admittedly it was a Union subject and the subject-matter of legislation was a field occupied by the Central enactment. The petitioners contend that the State Legislature was not competent to enact on entry 54 of the State List relating to imposition of tax on zarda in view of entry 92A of List I of the Seventh Schedule as well as Article 286(3) of the Constitution. The petitioners have sought relief by way of a declaration that the said amendment was unconstitutional and ultra vires of Articles 301, 304(b), 286(3), 245, 246, 265, 14 and 19(1)(g) of the Constitution and Section 15 of the Centra...
Th. Kaisi Liangmai Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jan-20-2005
T. NK. Singh, J.1. Heard Mr. Y. Z. Shimray, learned counsel for the petitioner and Mr. N. Ibotombi, learned CGSC for respondent N1, 2 and 3 as well as Mr. Jalal, learned Govt. Advocate for the State respondent.2. By This writ petition, the petitioner is seeking for a direction to the respondents to pay compensation to the kiths & kin of the deceased Mr. Padikhonang (brother of the writ petitioner) in addition to the normal civil remedies.3. Short fact, which will suffice for deciding the present writ petition is that, at the intervening night of 29th and 30th January, 1997 at about t a.m. a column of army personnel belonging to 12 SIKHLI, posted at Nungba Post came to Nurathel Village and cordoned the houses of the villagers and villagers were forced to assemble and remain in the village by exposing to the cold wind, till 2 a.m. Thereafter, the army personnel conducted house search of all the villagers and looted cash and other valuable properties. The said army personnel also picked ...
Achyut Baruah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-20-2005
B.K. Sharma, J.1. Both the writ petitions based on same set of facts involving the same issue and the question of law, were heard analogously and are being disposed of by this common judgment and order. The facts material for the purpose of disposal of the cases are indicated below:W.R(C) No. 3775/052. The petitioner in response to the tender notice No. 186 dated 25.1.2005 (Annexure-A) issued by the Superintendent of Central Jail, Guwahati (respondent No. 13), submitted his tender in respect of the contract for supply of dietary and other articles under Group-C of the tender Notice. Supply of the articles to the Central Jail, Guwahati was for the year 2005-06. He quoted his bid amount at Rs. 8,72,300. As scheduled, the tenders were opened on 14.2.2005. According to 'the petitioner the tender submitted by him was found valid. The comparative statement in respect of the tenders was prepared and in the same the petitioner was included at serial No. 11, while the respondent No. 4 at seria...
Monoranjan Deka Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-19-2005
D. Biswas, Actg. C.J.1. This appeal is directed against the Judgment and Order dated 2.9.2004 passed in W.P.(C) No. 5386 of 2004 by the learned Single Judge rejecting the prayer of the appellant-petitioner for a direction to the respondent authority to admit him to the First Year MBBS/BDS Courses in the Medical/Dental Colleges of the State for the Session Commencing 2004 against the seats reserved for physically handicapped candidates.2. We have heard Mr. DC Kath Hazarika, learned counsel for the appellant and Mr. BJ Talukdar, learned Government Advocate, Assam.3. The appellant appeared in the Entrance Examination to the above courses without indicating that his candidature for admission was for any of the seats reserved for different categories of candidates. After Entrance Examination, by the letter dated 18.6.2004, the appellant informed the Director of Medical Education, Assam that his candidature is to be treated as that of the physically handicapped candidate for the purpose of ...
Assam Small Industries Dev. Corpn. Ltd. and ors. Vs. J.D. Pharmaceutic ...
Court: Guwahati
Decided on: Jan-19-2005
D. Biswas, Actg. C.J.1. In this appeal, the Assam Small Industries Development Corporation Ltd., hereinafter referred to as the 'ASIDC', has assailed the Judgment and Decree dated 1.8.1998 passed by the learned Civil Judge, Senior Division No. 1, Guwahati in Money Suit No. 187/93 decreeing the suit filed by the respondent M/s J.D. Pharmaceuticals for realisation of Rs. 20,10,141.33 with compound interest at the rate of 23% with monthly rest till June 1991 and at the rate of 23.5% with monthly rest with effect from 1.7.1991 till filing of the suit along with compound interest at the rate of 23.5% on the decreetal amount from the date of decree.2. The respondent firm is a small scale unit engaged in the business of manufacturing and supply of medicine and is governed by the provisions of the Assam Preferential Stores Purchase Act, 1989, for short the Purchase Act. The firm entered into an agreement with the appellant Corporation on 19.10.1990 whereby the Corporation agreed to market the...
Prabindra Nath Bhattacharjya Vs. Assam Co-operative Apex Bank Ltd. and ...
Court: Guwahati
Decided on: Jan-18-2005
B.K. Sharma, J 1. By means of this writ application, the petitioner has assailed the legality and validity of the order dated 4.7.2003 by which while allowing the petitioner to go on retirement on attaining the age of superannuation with effect from 30.9.2003 deemed the petitioner to be in service as per the provisions of Rule 46(c), of the Staff Rules of the Bank till final disposal of the CBI enquiry including the alleged irregularity of finance involving the petitioner.2. The petitioner was an employee under the respondent bank serving as Manager, Planning and Development Department at the time of his retirement. On receipt of the aforesaid impugned communication dated 4.7.2003, although the petitioner was allowed to go on retirement with effect from 30.9.2003 by order dated 30.9.2003, in view of his deemed continuance in service pending the alleged CBI enquiry, he has not been provided with the retirement benefits. It is under these circumstances, the petitioner has approached th...
Mcleod Russel (India) Ltd. and anr. Vs. Agricultural Income-tax Office ...
Court: Guwahati
Decided on: Jan-18-2005
Ranjan Gogoi, J.1. Heard Dr. A.K. Saraf, learned Counsel for the petitioner. None has appeared on behalf of the respondents to contest the present proceedings.2. A notice dated February 26, 1997, issued under the provisions of Section 30 of the Assam Agricultural Income-tax Act, 1939 (hereinafter referred to as 'the Act'), is the subject matter of challenge. The short ground urged is that the aforesaid notice is barred under Section 30 of the Act and therefore the proceedings proposed on the basis of the aforesaid notice are as initio void.3. Section 30 of the Act as on the date of the impugned notice is extracted below:30. Income escaping assessment.-If for any reason any agricultural income chargeable to agricultural income-tax has escaped assessment for any assessment year, or has been assessed at too low a rate or has been the subject of undue relief under this Act, the Superintendent of Taxes or Agricultural Income-tax Officer may at any time within eight years of the end ...
Gauri Kt Das @ Babul Marak @ Mathura Das and anr. Vs. Union of India ( ...
Court: Guwahati
Decided on: Jan-18-2005
Ranjan Gogia, J.1. The detenu, namely, Sri Gauri Kt Das @ Babul Marak @ Mathura Das has been detained by an order dated 10th March, 2004 passed by the District Magistrate/Jorhat in exercise of powers Under Section 3(2) read with Section 3(3) of the National Security Act, 1980. The aforesaid order of detention was approved by the State Government by an order dated 19th March, 2004 and the same was confirmed under the provisions of Section 12(1) of the Act of 1980 by another order dated 7th May, 2004. Challenging the aforesaid orders and the detention of the detenu the instant writ application has been filed by the father of the detenu.2. We have heard Mr. B.D. Konwar, learned counsel for the petitioner ; Mr. S. Ali, learned Addl. Advocate General appearing for the State of Assam as well as Mr. H. Rahman, learned senior CGSC appearing for the Union of India.3. The pleadings made in the writ petition along with the affidavits filed on behalf of the State and the Union Government have be...
Lakhanlalji Murty and anr. Vs. Chakreswar Das (Rai) and ors.
Court: Guwahati
Decided on: Jan-18-2005
Ranjan Gogoi, J1. An order dated 27.8.2004 passed by the learned Civil Judge (Sr. Division), Tinsukia, rejecting the prayer for further adjournment as made by the plaintiff in the suit and on that basis closing the evidence of the plaintiff and fixing the case for evidence of the defendants, is the subject matter of challenge in the present proceeding instituted under Article 227 of the Constitution.2. I have heard Mr. K. Agarwal, learned counsel appearing for the petitioner-plaintiff and Shri G.N. Sahewalla, learned Sr. counsel appearing for the respondents-defendants.3. The arguments advanced by the learned counsel for the respective parties have centered around the extent of the power that would be available to this court while exercising jurisdiction under Article 227 of the Constitution and as to whether in the given facts of the present case, interference with the impugned order dated 27.8.2004 would be justified.Mr. Agarwal, learned counsel appearing for the plaintiff-petitione...
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