Guwahati Court February 2005 Judgments

Chakreswar Duarah Vs. State of Assam and ors.

Court: Guwahati

D. Biswas, J.1. The petitioner's wife late Nirupama Gogoi was working as Assistant Teacher in Gohain Gaon M.E. School, Sarupathar. Under the salary savings scheme, she had taken three policies (Policy No. 441541269 dated 28.9.2001, No. 441541268 dated 28.9.2001 and No. 441541379 dated 28.9.2001) under the salary savings scheme from the LIC. The Headmaster of the School as per contract was to deduct the premium from her salary each month and to remit the same to the Life Insurance Corporation of India. She fell seriously ill and was under treatment of SDM and HO Dhansiri Sub-Division with effect from 22.3.2003 to C 31.5.2003. During that period, she was also not paid her salaries for want of sanction a ad retention of post. She being seriously ill was not in a position to know as to what had happened about the payment of premium. Eventually, she expired on 16.7.2003 leaving behind the petitioner (husband) and three minor children. On her death, the petitioner along with the death certi...

Amit Kumar JaIn Vs. State of Nagaland

Court: Guwahati

I.A. Ansari, J.1. Heard Mr. S. P. Roy, learned counsel appearing for the accused-petitioner, and Mrs. Aungla Aier, learned Junior Govt. Advocate, Nagaland.2. This revision is directed against the orders, dated 7.1.2005 and 8.1.2005, passed by learned Additional Deputy Commissioner (Judicial) Dimapur, Nagaland, in GR Case No. 465/2004 (corresponding to Dimpaur East P. S. Case No. 161/04) under Sections 420/464/467/468 IPC.3. Before coming to the directions contained in the orders impugned in the present revision, it is necessary to set out, in brief, hereinbelow, the various stages, which have led to the passing of the impugned orders aforementioned :-(i) An order was passed, on 25.10.2004, by the learned Additional Deputy Commissioner (Judicial) Dimapur, Nagaland, in G.R. 465/04, aforementioned granting bail in favour of the accused-petitioner subject to the following conditions:(1) To deposit a sum of Rs. 25 lakh in cash towards recovery of public money misused by him.(2) Undertaking...

Assam Urban Water Supply and Sewerage Board Vs. Subhash Projects and M ...

Court: Guwahati

Ranjan Gogoi, J.1. Both the appeals being directed against two identical orders dated 01.6.2004 and 05.06.2004 passed by the learned District Judge, Kamrup, were heard together and are being disposed by this common judgment and order.2. The respondent No. 1 in the two appeals under consideration was appointed as the contractor for execution of the works, relating to 'Construction of Tezpur Town Water Supply Scheme' and 'Tinsukia Town Water Supply Scheme'. Certain disputes and differences having arisen between the parties under the above contracts, the same were referred to arbitration by one Shri M.N. Bhagawati as the sole arbitrator. The sole arbitrator made two separate awards, both dated 22.08.2003, in terms of which certain amounts of money has become payable to the respondent-contractor. The appellant received both the awards on 26.08.2003. On 02.01.2004 the appellant filed two separate applications before the learned District Judge, Kamrup, Guwahati under Section 34 of the Arbit...

Naresh Bhuyan Vs. State of Assam

Court: Guwahati

A. Hazarika, J. 1. This appeal has been preferred by the appellant from jail challenging the judgment and order dated 14.12.2000 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 75/2000 convicting the appellant under Section 302, India Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 100 in default, further rigorous imprisonment for one month. The facts leading to this appeal are as follows -2. The written ejahar was lodged by one Shri Ramen Bhuyan, son of late Ramrupa Bhuyan, Badulipara, Raunakhati Nepali Basti, Rangamati to the Officer-in-Charge, Dergaon Police Station contending that on 13.12.1994 the accused Naresh Bhuyan, son of Kartick Bhuyan of the same village has killed his father by hacking him in the head with an axe, while he was sleeping alone inside the house and requested the police to take appropriate action in the matter.3. Before the police swung into action, the accused surrendered himself at the Golaghat Poli...

Pratima Baruah Vs. Assam State Co-op. Agri. and Rural Development Bank ...

Court: Guwahati

I.A. Ansari, J. 1. Heard Mr. N. Dutta, learned senior counsel for the petitioner, and Mr. D.R. Gogoi, learned counsel, appearing on behalf of the respondent Nos. 1, 2, 3 and 4. Also heard Mr. K.N. Choudhury, learned senior counsel, as amicus curiae, and Mrs. V.L. Singh, learned Government Advocate, appearing on behalf of the respondent No. 5.2. By making this application under Article 226 of the Constitution of India, the petitioner, while working as Branch Manager(i/c) of the Assam State Co-operative Agricultural and Rural Development Bank Ltd. (hereinafter referred to as 'the said Co-operative Bank'), Pragjyotishpur Branch, Khetri, approached this Court seeking issuance of appropriate writ or writs commanding the respondents not to give effect to the order, dated 10.10.1994, issued by respondent No. 2, namely, the Chief Executive Director of the said Co-operative Bank, whereby the petitioner was transferred to Guwahati Branch of the said Cooperative Bank as Supervising Officer.3. Th...

Md. Rajab UddIn Ahmed Vs. Numaligarh Refinery Limited and ors.

Court: Guwahati

Ranjan Gogoi, J.1. An order, dated 31.7.2001 passed by the Advisor (HR), Numaligarh Refinery Limited, dismissing the writ petitioner from service has been put to challenge in the present writ application.2. The facts relevant to the present adjudication as revealed by the pleadings of the contesting parties and the other materials placed on record, may, in brief, be recited hereunder :The petitioner, after due selection, was appointed as a Graduate Engineer Trainee (Mechanical) in the Numaligarh Refinery Limited (hereinafter referred to as (NRL) by an order dated 7.8.1998. Immediately, after his appointment, the petitioner was seconded (deputed) to render service in the I.B.P. Company Limited, a co-promoter of NRL. Thereafter, by an order dated 3.11.1998, the petitioner was appointed in the post of Officer (Retail) in the Company owned and Company operated Retail Outlet at Numaligarh. According to the employer of the petitioner, in the course of a visit and inspection by the Additiona...

Tapan Das and ors. Vs. State of Tripura

Court: Guwahati

A.B. Pal, J.1. Four appellants having been convicted under section 376(1) IPC and three of them also under section 354 IPC on the charge of committing rape and outraging modesty in Sessions Trial No. 147(WT/ A) of 1999 have challenged in this appeal their conviction and sentence imposed by the learned Addl. Sessions Judge, West Tripura, Agartala by the impugned judgment dated 10-12-2001.2. The facts as set in by the prosecution is that on 9-6-98 at about 6 PM when the victim Saraswati Das, an unmarried girl aged about 20 years was returning home from her brother's shop, the appellants getting her alone on the road suddenly swooped on her, dragged her in a nearby bush and while appellant Tapan Das committed rape on her the other 3 appellants aided him by pressing her down to the earth. She managed to raise cry which attracted some villagers including one Sarma of the Tripura State Rifles (TSR) who rescued and brought her to her house. The victim immediately narrated the incident to her...

Shahejul HussaIn Saikia Vs. State of Assam and ors.

Court: Guwahati

Reported in: [2005(106)FLR711]

D. Biswas, A.C.J. and Amitava Roy, J.1. Are the wards of retired teachers belonging to any level from the Primary to the Secondary stage of education in the State of Assam entitled to be accommodated on appointment against the quota of vacancies reserved for them without facing a selection for assessment of merit is the question raised in the present bunch of appeals. The learned Single Judge in the impugned judgment and order has answered in the negative.2. We have heard Mr. J. Ahmed, learned Counsel for the appellants and Mr. S. Munir, learned Standing Counsel, Education Department for the respondents.As the appeals bear a common question, dilation on individual facts is not called for. Suffice it to mention that the appellants are the wards of retired Assistant Teachers/Head Masters of Lower Primary and Middle English Schools of the State. Following their superannuation, the appellants applied for their appointments against the reserved quota of vacancies earmarked for them in terms...

Cit Vs. Hynoup Food and Oil Ind. (P) Ltd.

Court: Guwahati

D.A. Mehta, J.The Tribunal, Ahmedabad Bench A, Ahmedabad, has referred the following question for the opinion of this court under section 256(1) of the Income Tax Act, 1961 (the Act), at the instance of the CIT, Gujarat Central, Ahmedabad :"1. Whether the Tribunal is right in law and on facts in deleting the disallowance made under section 40A(3) holding that the exceptions to that section in rule 6DD(j) can be applied for payments which were made in the course of a business outside the books ?"2. The assessment year is 1986-87 and the relevant accounting period is the year ended on 31-10-1985. The respondent-assessee originally filed return of income declaring nil income. The same was revised declaring total income of Rs. 1,65,757. It appears that in the said revised return net profit as per revised working was shown at Rs. 11,28,863. The assessing officer disallowed a sum of Rs. 43,35,715 being the purchase price which was paid in cash in relation to the business which was...

Md. Jahur Ali Vs. State of Manipur and ors.

Court: Guwahati

T. Nandakumar Singh, J.1. Heard Mr. N. Ibotombi, learned counsel for the petitioner and Mr. Jalal learned GA for the respondents.2. These two writ petitions, i.e., WP(c) No. 658/2004 and WP(c) No. 976/2004 are filed by the same petitioner against the same respondents for challenging the wireless message (W.T. Message) dated 2.8.04 for discontinuing their services in the District Rural Development Agency, Ukhrul and also cancellation order dated 23.8.04.3. Accordingly these writ petitioners are taken up jointly for passing a common judgment and order.4. The District Rural Development Agency ('DRDA' for short) is a government society registered under the Societies Registration Act and funded by the Central Government and State Government to the extent of 75% and 25% respectively. The DRDA, Ukhrul has to take up schemes for development of Ukhrul District, Manipur. The DRDA, Ukhrul is also following the stalling pattern mentioned in the guidelines of the Central Government and according t...