Guwahati Court March 2005 Judgments

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court: Guwahati

I.A. Ansari, J.1. The five appeals enlisted above are being disposed of by this common judgment and order, for all these appeals have arisen out of the common judgment and order, dated May 31, 2004 (see ), whereby as many as nine writ petitions were disposed of ; all these appeals have posed the common questions of law based on identical facts and have been heard together.2. We have heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. S. Shyam, learned counsel appearing on behalf of the writ petitioner-appellants in Writ Appeals Nos. 240 of 2004, 239 of 2004, 350 of 2004 and 354 of 2004, which have arisen out of W. P. (C) Nos. 1552 of 2000, 7008 of 2000, 6965 of 2000 and 137 of 2000, respectively, and Mr. K.P. Pathak, learned Additional Solicitor General, assisted by Mr. U. Bhuyan, learned counsel, appearing on behalf of the respondents in the four appeals aforementioned. We have also heard Mr. K.P. Pathak, learned Additional Solicitor General, assisted by Mr. U. Bhuyan,...

M.S. Associates Vs. Uoi

Court: Guwahati

I.A. Ansari, J. The five appeals enlisted above are being disposed of by this common judgment and order, for all these appeals have arisen out of the common judgment and order, dated 31-5-2004 (see M.S. Associates v. Union of India , whereby as many as nine writ petitions were disposed of ; all these appeals have posed the common questions of law based on identical facts and have been heard together.2. We have heard Mr. KN. Choudhury, learned senior counsel, assisted by Mr. S. Shyam, learned counsel appearing on behalf of the writ petitioner-appellants in Writ Appeal Nos. 240 of 2004, 239 of 2004, 350 of 2004 and 354 of 2004, which have arisen out of W.P. (C) Nos. 1552 of 2000, 7008 of 2000, 6965 of 2000 and 137 of 2000, respectively, and Mr. K.P. Pathak, learned Additional Solicitor General, assisted by Mr. U. Bhuyan, learned counsel, appearing on behalf of the respondents in the four appeals aforementioned. We have also heard Mr. K.P. Pathak, learned Additional Solicitor General, as...

Kausik Ranjan Dutta Vs. State of Tripura and ors.

Court: Guwahati

A.B. Pal, J.1. The petitioner is an Assistant Teacher and by order dated 8.11.1994, he was posted in Sri Krishna Girls' High School, Khowai. His wife is also an Assistant Teacher, who was posted in Chebri Senior Basic School, Chebri, Khowai by order dated 12.9.1986. She had been attending her school from her parent's house at Lalcherra even after her marriage as the petitioner was residing at Bagabil, which was at a distance of 28 km from his in-law's house at Lalcherra. The respondent No. 2 issued a show cause notice on 4.7.1992 (Annexure-5) to the effect that he and his wife were found to be residing in the same house and both of them were drawing house rent allowance, which was in contravention of the Finance Department Memo. No. 5(15)-FIN(G)/75 dated 2.1.1976 and 17.1.1989 and the violation of that memorandum attracted the provision of Rule 3(1) of the Tripura Civil Services (Conduct) Rules, 1988. Therefore, the petitioner was asked to show cause as to why disciplinary action woul...

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court: Guwahati

Reported in: (2005)196CTR(Gau)318,[2005]275ITR502(Gauhati)

I.A. Ansari, J.1. The five appeals enlisted above are being disposed of by this common judgment and order, for all these appeals have arisen out of the common judgment and order, dated May 31, 2004 (see ), whereby as many as nine writ petitions were disposed of ; all these appeals have posed the common questions of law based on identical facts and have been heard together.2. We have heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. S. Shyam, learned counsel appearing on behalf of the writ petitioner-appellants in Writ Appeals Nos. 240 of 2004, 239 of 2004, 350 of 2004 and 354 of 2004, which have arisen out of W. P. (C) Nos. 1552 of 2000, 7008 of 2000, 6965 of 2000 and 137 of 2000, respectively, and Mr. K.P. Pathak, learned Additional Solicitor General, assisted by Mr. U. Bhuyan, learned counsel, appearing on behalf of the respondents in the four appeals aforementioned. We have also heard Mr. K.P. Pathak, learned Additional Solicitor General, assisted by Mr. U. Bhuyan, ...

Uttam Kumar Sarkar Vs. Ratan Kumar Barman

Court: Guwahati

Reported in: [2005(106)FLR594]

A.H. Saikia, J.1. Heard Mr. K.H. Choudhury, learned Sr. Counsel assisted by Mr. A. Sarma, learned Counsel appearing for the applicant/respondent No. 3 in the writ petition. Also heard Mr. H.K. Barman, learned State Counsel for the State respondents and Mr. B.D. Konwar, learned Counsel for the opposite party/writ petitioner.By this Misc. application, the applicant has sought for alteration/modification/cancellation of the interim order dated 19.1.2005 which was subsequently allowed to continue vide order dated 4.2.2005 rendered in the connected writ petition i.e., WP(C) No. 464/05.2. Only ground which has been pressed into service in this Misc. application for cancellation/modification of the interim order, as mentioned above, is that since the order under challenge i.e., 12.1.2005 has been passed by the Government by applying the doctrine of pleasure, this Court ought not to have entertained the writ petition by working Article 226 of the Constitution and thereby ought to have refraine...

Board of Trustees for the Port of Kolkata, Vs. Official Liquidator, Ga ...

Court: Guwahati

Ranjan Gogoi, J.1. This order will cover Misc. Case No. 3294 of 2004 filed by the ICICI Bank, one of the secured creditors of the company in liquidation, Him Containers Limited (hereinafter referred to as the 'company') for appropriate orders for disbursement of the sale proceeds of the assets of the 'company' amongst the secured creditors ; Misc. Case No. 382 of 2005 filed by M/s. Scrapt Traders Limited, the purchaser of the assets of the 'company' for a direction from this Court for renewal/transfer of the leasehold right earlier granted to the company by the owner of the leased land Kolkata Port Trust as well as Company Application No. 6 of 2004 filed by the Kolkata Port Trust under Section 446 of the Companies Act, 1956 for a direction to the official liquidator for payment of arrear rent amounting to Rs. 1,11,04,114 for the period from July 16, 2001 (date of taking over possession of the land by the official liquidator) till September 13, 2004 (date of completion of sale by the o...

Bata India Ltd. and ors. Vs. United Publishers and anr.

Court: Guwahati

B.P. Katakey, J.1. The opposite parties along with one Sri Bhagwan Das, as plaintiffs, filed Title Suit No. 127 of 1985 in the Court of the learned Assistant District Judge No. 1, Guwahati against the revision petitioners, as defendants, praying for a decree for ejectment from the suit premises on the ground of defaulter and bona fide requirement and also for arrear rents. The case of the opposite parties/plaintiff in the plaint is that the opposite party No. 1 is a registered partnership firm of which the opposite party No. 2/plaintiff No. 2 as well as the plaintiff No. 3 are the partners. The revision petitioner/defendant who were original tenants under Smti. Gigi Agarwallani in respect of the suit premises attorn to the plaintiffs as the landlord, after the plaintiff No. 2 purchased the said plot of land along with the suit house as a proprietor of plaintiff No. 1 firm. Though there was no written agreement executed between the plaintiffs and the defendants, they continued to pay ...

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

Court: Guwahati

B.P. Katakey, J.1. The writ petitioner by the present writ petition has challenged the communication dated 12th February, 2002 issued by the Regional Director, National Savings, Assam Region, Government of India, Ministry of Finance rejecting the prayer for appointment on compassionate ground for the reason that in spite of repeated request and reminders issued by the authority he did not submit the requisite papers for appointment as Peon on compassionate ground and on the other hand insisted for appoint as Lower Division Clerk and also on the ground of subsequent abolition of all the vacant posts in Group 'C' and Group 'D' cadres in the National Savings Organisation as a measure of economy by the Government of India vide communication dated 11th June, 2001. The writ petitioner by the present writ petition has also prayed for directing the respondents to appoint him on compassionate ground.2. I have heard Mr. A. K. Goswami, learned Senior Counsel for the petitioner assisted by Mr. M....

Board of Trustees for the Port of Kolkata, Vs. Official Liquidator, Ga ...

Court: Guwahati

Reported in: [2006]130CompCas595(Gauhati),(2006)5CompLJ130(Gau),(2006)2GLR644

Ranjan Gogoi, J.1. This order will cover Misc. Case No. 3294 of 2004 filed by the ICICI Bank, one of the secured creditors of the company in liquidation, Him Containers Limited (hereinafter referred to as the 'company') for appropriate orders for disbursement of the sale proceeds of the assets of the 'company' amongst the secured creditors ; Misc. Case No. 382 of 2005 filed by M/s. Scrapt Traders Limited, the purchaser of the assets of the 'company' for a direction from this Court for renewal/transfer of the leasehold right earlier granted to the company by the owner of the leased land Kolkata Port Trust as well as Company Application No. 6 of 2004 filed by the Kolkata Port Trust under Section 446 of the Companies Act, 1956 for a direction to the official liquidator for payment of arrear rent amounting to Rs. 1,11,04,114 for the period from July 16, 2001 (date of taking over possession of the land by the official liquidator) till September 13, 2004 (date of completion of sale by the of...

National Insurance Co. Ltd. Vs. Biswajit Bank and ors.

Court: Guwahati

I.A. Ansari, J.1. The present set of three writ petitions are against three judgments and awards, which were passed, on 21st August, 2001, 7th August, 2001 and 21st August, 2001 by the learned Member, M.A.C.T., on analogous hearing of three claim petitions made under Section 166 of the Motor Vehicles Act, 1988, namely, T.S.(M.A.C) No. 160/99, T.S.(M.A.C) No. 157/99 and T.S.(M.A.C) No. 147/99 respectively.WP (C) No. 180 of 2002 T.S. (M.A.C.) No. 160/992. Heard Mr. A. Lodh, learned Counsel for the petitioner, and Mr. A Gon Choudhury, learned Counsel appearing on behalf of the respondent No. 4. Also heard Mr. T. Ali, learned Counsel appearing on behalf of the respondent Nos. 2 and 3.3. The case of the claimant may, in brief, be stated as follows:On 18th February, 1999, at about 10 a.m., when Biswajit Banik, aged about VA years, was travelling with his mother, Bina Debbarma, in an autorickshaw bearing registration No. TRT-2089 over the Agartala Airport Road, the autorickshaw collided aga...