Guwahati Court March 2005 Judgments
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Silcoorie Tea Estate Vs. General Secretary, Cachar Ch. Sramik Union an ...
Court: Guwahati
Decided on: Mar-15-2005
A.H. Saikia, J.1. Heard Mr. N. Choudhury, learned Counsel for the petitioner. None appears for the respondents despite notice.2. The award dated December 29, 1997 rendered by the learned Presiding Officer, Industrial Tribunal, Silchar in Reference Case No. 21 of 1992 to the extent of directing the garden authority/the petitioner to give all the back wages alongwith extra Re. 1/- per day to the workman represented by the Respondent No. 1, is the subject matter of challenge in this Civil Rule.3. Referring to the term of reference 'Whether the Management of Silcoorie Tea Estate are justified in demoting Sri Ibrahim Ali from Carpenter's work and withdrawing the daily extra payment of Rupee one which he was allowed so long and if not, what relief is the said workman entitled to', Mr. Choudhury, learned Counsel for the petitioner has contended that the learned Tribunal committed an error apparent on the face of record and acted without jurisdiction in acting beyond the terms of reference by...
Chandan Das and anr. Vs. State of Assam
Court: Guwahati
Decided on: Mar-11-2005
P.G. Agarwal, J.1. All the above three revisions have been heard together and disposed of by this common judgment as the question of law raised in these revisions are identical.2. Heard Mr. J M Choudhury, Mr. B B Narzary and Mr. S S Sharma, learned counsel appearing for the petitioners and Mr. F H Laskar, learned Public Prosecutor for the respondents.3. The facts of Criminal Revision No. 394/2000 are detailed to appreciate the question of law raised. The petitioners before us are the vendor and owner of grocery shop M/S Mahadev Store. The Food Inspector collected sample of 'besan' by purchasing 600 gm of 'besan' against payment and after issuance of notice in Form No. VI the sample was sent to the public analyst who opined that the sample is adulterated. The prosecution was launched against the vendor as well as the owner of the said grocery shop. The trial court convicted the vendor as well as the owner of the shop for selling adulterated 'besan', which as per the public analyst repo...
Assam Co. Ltd. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-11-2005
Amitava Roy J.1. This batch of petitions register a challenge to the notices issued under Section 148 of the Income-tax Act, 1961 (hereafter referred to as 'the Act'), purportedly initiating a proceeding/action under Section 147 thereof on the ground that the income of the assessees/writ petitioners as computed therein had escaped assessment for the different assessment years mentioned therein. The notices though are differently dated and relatable to varying assessment years, a substantial homogeneity in the contextual background being evident and common questions of law having been raised, the petitions deserve to be disposed of by this common judgment and order.2. I have heard Mr. R.P. Agarwalla, senior advocate assisted by Mr. R.L. Jain, advocate, for the petitioners in W. P. (C) No. 1163 of 2003, W. P. (C) No. 1258 of 2003, W. P. (C) No. 1259 of 2003, W. P. (C) No. 1260 of 2003 and W. P. (C) No. 6630 of 2003 and Mr. G.K. Joshi, senior advocate assisted by Mr. R.K. Joshi and Ms. U...
Dipak Kumar Chakraborty Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-10-2005
B.K. Sharma, J.1. The petitioner who is a retired Commandant of Border Security Force (B.S.F.) has assailed the legality and validity of the order of penalty passed against him and subsequent denial of promotion to the rank of Addl. Deputy Inspector General, B.S.F., at per with his juniors.2. The facts as narrated in the writ petition are that the petitioner while was serving under the respondents, i.e., the B.S.F., as Commandant was taken up for proceeding under General Security Force Court (G.S.F.C.) on the following charges:'1st Charge, BSF Act, 1968 Section 40:An act prejudicial to good order and discipline of the force:In that he, at SHQ N & M while performing the duties of presiding officer for the Recruitment test of HC(RO/Fitter) held with effect from 24th to 29th July, 2000 knowingly had altered Roll No. of the Answer sheet of chest No. 9 to read as No. 29 with a mala fide intension to make pass the candidate bearing chest No. 29 namely Md. Muzibur Rahman, who was actually fa...
A. Angoubi Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Mar-10-2005
T.N.K. Singh, J.1. These writ petitions involve common questions of facts and law and, as such, these writ petitions were taken up jointly for hearing. A common judgment and order is passed for disposing of these writ petitions. While passing the common judgment and order, the facts and reliefs granted in the respective writ petitions would be mentioned in different parts of the common judgment and order.2. By these writ petitions, the petitioners are praying for a direction to the respondents to pay/release the undisputed bills for the contract works admittedly completed by the writ petitioners for the Government of Manipur for the benefit of the public and also for quashing the letter of the Undersecretary (Finance), Government of Manipur being No. 9/20/2001-FR, Imphal, 30-11-2002 for informing all the Heads of Department, Govt. of Manipur that the Finance Department shall not entertain proposal for refund of security deposits.3. The writ petitioners, except the writ petitioner No. ...
National Insurance Co. Ltd. Vs. Kasheni and ors.
Court: Guwahati
Decided on: Mar-09-2005
Ranjan Gogoi, J.1. This appeal, by the insurer, under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') is directed against the judgment and award dated 15.11.2002, passed by the learned Member, Motor Accidents Claims Tribunal, Nagaland, Dimapur in M.A.C. Case No. 117 of 1998. By the aforesaid award dated 15.11.2002, learned Tribunal has granted compensation to the extent of Rs. 2,22,000 in favour of the respondent-claimant on account of the death of her son in an incident which has been found by the learned Tribunal to have arisen out of the use of a motor vehicle (autorickshaw) bearing registration No. NL 01-T 2217.2. To appreciate the challenge made, the cases brought by the respective parties before the learned Tribunal may briefly be noticed at this stage.Respondent No. 1, claimant, is mother of one Kughavi who, it is claimed, was travelling in an autorickshaw bearing registration No. NL 01-T 2217 on 11.10.1997 as a bona fide passenger. According to t...
United India Insurance Co. Ltd. Vs. Sahadev Ghosh
Court: Guwahati
Decided on: Mar-07-2005
A.M. Saikia, J.1. Heard Mr. D. Sur, learned counsel for the petitioner. The notice upon the sole Respondent is presumed to be complete in view of the Registry's order dated 23.2.2005. None appears for the Respondent.2. By this application under Section 5 of the Limitation Act, 1963, the applicant has sought for condonation of delay of 176 days in preferring the related MPA No. 115/04.3. In the case in hand, the learned Commissioner for Workmen's Compensation, Nagaon in W.C. Case No. 104/02 rendered the impugned judgment and award on 9.2.2004 awarding a compensation of Rs. 1,64,640 (Rupees one lakh sixty-four thousand six hundred and forty) only against the petitioner. Being aggrieved by the impugned judgment and order, the petitioner has filed the related appeal on 25.8.2004 thereby causing delay of 176 days as the limitation period of 60 days since expired on 9.4.2004.4. Such delay has been explained in paragraph 3 of this application and the same may be extracted as under :'That the...
Md. Sirajul Haque Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-05-2005
B.K. Sharma, J.1. By means of this writ application, the petitioner has prayed for his appointment as Lecturer of Economics in P. B. College, Gauripur in terms of the resolution adopted by the Governing Body of the College. The petitioner was initially appointed in the College way back in 1977. His such appointment was for a temporary period. Thereafter, his services was dispensed with. Placing reliance on certain subsequent events, after the dispensation of the services of the petitioner, the petitioner agitated his grievance by filing this writ petition in the year 1997. According to the petitioner he was illegally removed from the post by the Governing Body of the College and that he was entitled to be reinstated in his service.2. The respondents have filed an affidavit-in-opposition controverting the claim of the petitioner. The basic theme of the counter affidavit is that the post in which the petitioner was initially appointed in 1977 was abolished in the year 1981 by Annexure-O...
Sabuj Ranjan Dey Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-04-2005
B.K. Sharma, J.1. By means of this writ petition, the petitioner who at the time of filing of the writ petition was working as Assistant Teacher in M.E. School has prayed for setting aside and quashing of the orders of appointments/ promotion of the private respondents as Headmaster in the respective Schools and for a direction to the official-respondents to appoint/promote the petitioner as Headmaster of M.E. School.2. The facts as narrated in the writ petition are that the petitioner was appointed as an Assistant Teacher in S.K. Dev M.E. School in the district of Hailakandi way back in 1973 (10.8.1973) and till the date of filing the writ petition he was serving as such. According to the petitioner he was the seniormost qualified Assistant Teacher in the School after one Shri Bomkash Choudhury who retired from service w. e. f. 28.2.97, on attaining the age of superannuation. Although one Shri A.U. Laskar who also joined as Assistant Teacher along with the petitioner in the same year...
Arun Kr. Singh Vs. State of Assam
Court: Guwahati
Decided on: Mar-03-2005
P.G. Agarwal, J.1. Heard Mr. R.L. Yadav, learned Counsel for the petitioner and Mr. F.H. Laskar, learned Public Prosecutor, Assam.2. This revision is directed against the judgment and order dated 10.10.2001 passed by the learned Sessions Judge, Golaghat in Criminal Appeal No. 48/2001, arising out of judgment and order dated 6.8.2001 passed by the learned Chief Judicial Magistrate, Golaghat in C.R. Case No. 10/95 under Section 16 of the Prevention of Food Adulteration Act.3. In C.R. Case No. 10/95 the present-petitioner Sri Arun Kumar Singh along with one J.P. Singh were tried by the learned Chief Judicial Magistrate, Golaghat for commission of the offence under Section 16, read with Section 7 of the Prevention of Food Adulteration Act, for short the Act. The Prosecution case is that on 21.10.95, the Senior Food Inspector, Jorhat collected sample of Moth Dal from the vendor Arun Kumar Singh.4. On analysis the sample of Moth Dal was found to be artificially coloured with Coaltar tartraz...
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