Guwahati Court October 2005 Judgments
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Shree Sanyeeji Ispat Pvt. Ltd. and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-07-2005
I.A. Ansari, J.1. In consequence of an industrial policy of the State Government inviting setting up of industries promising, in return of setting up of industries, exemption from payment of sales tax on the raw materials to be used by the industry as well as on the finished product of the industry for a specified period of time, when a person sets up an industry, can the Finance Department of the State Government refuse to exempt the industry from payment of sales tax on the ground that until requisite notification is issued under the relevant statute, the industry, in question, would not be entitled to exemption from payment of sales tax Can, in such a case, the State Government take the stand that since no notification, in terms of the promises made by the Government, has been issued under the relevant statute, the industry is not eligible to claim exemption from the sales tax? Can, in such a case, the promisee, who has set up the industry acting upon the promises made by the Gover...
Uma Gope Choudhury Vs. Kanai Deb and ors.
Court: Guwahati
Decided on: Oct-06-2005
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), is directed against the judgment dated 23.3.2005 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in S.(MAC) 590 of 20032. The core question to be decided in the instant appeal is whether the amount of pension can be deducted, while assessing the income of the deceased.3. The appellant had filed an application under Section 166 of the Act before the Motor Accident Claims Tribunal, West Tripura, Agartala, stating, inter alia, therein that the husband of the claimant appellant died on 24.9.2003 at about 1.50 p.m. at Chalitabari-Teliamura-Khowai road under Teliamura Police Station, West Tripura District, due to rash and negligent driving of both the offending vehicles, bearing Registration No. TR-01-1921 (Canter Truck) and TR-01-2994 (Commander Jeep). The deceased husband of the appellant was the passenger of the vehicle, bearing Registration No. TR-01-2994 (Commander Jeep)...
Vector Vero Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Oct-06-2005
I.A. Ansari, J. 1. The Nagaland Public Service Commission (NPSC) which stands impleaded in the present writ petition as respondent No. 5, published an advertisement, on 11.11.2003, inviting applications for selection and appointment to, amongst others, posts of Lecturer in English in Colleges under Higher & Technical Education, Govt. of Nagaland. The petitioner, who has been working as a Lecturer in English at Zunheboto College on contract basis, applied for the post of Lecturer in English and, on being called by the respondent No. 5, appeared for personality test on 11.5.2004. Claiming that the petitioner is a disabled person within the meaning of the Disability Act, (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short 'the Act'), inasmuch as he has been categorized as a physically handicapped/disabled person by the Medical Board, Kohima as per the certificate issued, in this regard, by the said Board on 20.11.2003, the petitioner made enquiry from t...
Assam Seeds Corporation Limited Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Oct-05-2005
R.B. Misra, J.1. Heard Dr. Ashok Saraf, learned Senior Counsel assisted by Ms. Nitu Hawelia, Ms. Medhalila Gope, Mr. D. Baruah and Mr. S. Saikia for the petitioner and Mr. D. Saikia, Standing Counsel, Sales Tax Department.2. The present civil rule has been preferred against both the order dated January 3, 1998 passed by the Superintendent of Taxes, Guwahati, (Unit-C) under the Assam General Sales Tax Act, 1993 (in short called 'the Act 1993') for the assessment years 1994-95 and 1995-96, levying tax at the rate of 8 per cent on the sale of various types of seeds and further prayer has been made to quash both the orders dated May 12, 1998 passed by the Joint Commissioner of Taxes, Assam, Guwahati, dismissing the revision of petitioner above, upholding the orders of assessing officer for the above assessment years.3. The issue to be adjudicated upon in the instant civil rule is whether seeds of wheat, pulses, paddy, mustard, etc., sold as seeds by the petitioner are 'cereals or pulses'...
Anandilal Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Oct-04-2005
Ranjan Gogoi, J.1. Heard Mr. D. R. Gogoi, learned Counsel appearing for the petitioner and Mr. A. M. Buzarbaruah, learned Govt. Advocate, Arunachal Pradesh.2. The compulsory retirement of the petitioner imposed by way of punishment following a disciplinary proceeding, as made by order dated 30.7.2004, is the subject-matter of challenge in the present writ petition.3. The facts are long and an attempt must be made to recite only what is essential.The petitioner, who is a Junior Engineer in the Public Work Department of the State of Arunachal Pradesh, was charge-sheeted by a charge memo dated 16.12.1993 levelling certain acts of omission and commission on his part in the exercise of his official powers. Earlier to that the petitioner was put under suspension with effect from 6.9.1993. As the disciplinary proceeding against the petitioner was making tardy progress the petitioner had to approach this Court by filing a writ petition registered and numbered as Civil Rule No. 1709 of 1996. B...
Registrar (i and E), Gauhati High Court Vs. Amarjit BorgohaIn and ors.
Court: Guwahati
Decided on: Oct-03-2005
B.K. Sharma, J.1. All the writ petitions pertain to Itanagar Bench of which W.P. (C) No. 5401/2005 has been disposed of on 15.9.2005. However, in view of the orders passed in the connected review petitions, the writ petitions cannot be transferred to Itanagar Bench. The review orders have been passed by another Bench (R.B. Misra, J) inspite of availability of this Bench, which passed the orders carried on review. (Neither I have retired nor expired).2. The review petitions have been filed against the orders passed in the connected writ petitions i.e., W.P. (C) No. 5416/2005, W.P. (C) No. 5401/2005, W.P. (C) No. 6282/2005 and W.P. (C) No. 5109/2005 transferring the cases to Itanagar Bench since the matters pertain to that Bench. Although the writ petitions were filed at the Principal Seat at a time when there was no Bench available at Itanagar, considering the fact that a Bench was available from the next week, writ petitions were ordered to be transferred to Itanagar Bench. Such a cou...
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