Guwahati Court September 2005 Judgments

Bibhu Charan Barua Vs. Nani Gopal Deva Goswami

Court: Guwahati

Reported in: (2006)2GLR413

H.N. Sarma, J.1. Heard Mr. K.N. Choudhury, learned senior counsel for the appellant and Mr. A. Sarma, learned Counsel for the sole respondent.2. In this appeal, the impugned order dated 31.5.2005 passed in Misc. Case No. 22/2005 arising out of Title Suit No. 43/2004 by the learned Civil Judge (Sr. Division), Jorhat refusing to grant temporary injunction as prayed for by the appellant is challenged.3. The appellant as plaintiff has filed the TS No. 43/2004 for recovery of possession of the suit property which is a Tea Garden, namely, Jogibhela T.E. in the district of Jorhat under Section 6 of the Specific Relief Act, 1963 alleging his dispossession by the respondent without taking recourse to law. The said suit was filed on 19.8.2005 and is pending for adjudication before the learned trial court. During the course of the proceeding, the appellant noticing certain subsequent developments, filed an application under Order 39, Rules 1 and 2, read with Section 151 of the CPC praying for gra...

Dhanjit Bayan Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2006)(1)SLJ188CAT

1. Both these cases relate to grant of compassionate appointment to dependents of Postal Department employees who had died in harness under a scheme for compassionate appointment published by the Government of India, Department of Personnel and Training (for short DOPT) O.M. No.14014/6/94-Estt. (D) dated 9.10.1998 and subsequent orders. Since both these applications relate to the compassionate appointment under the dying in harness scheme in the Postal Department and since the issues involved in both these cases are common these two cases are being disposed of by a common order.2. Heard Mr. B. Pathak, learned Counsel for the applicants and Mr. A.K.Chaudhuri and Ms. U. Das, learned Addl. C.G.S.C. for the respondents in O. A. Nos. 234/2004 and O. A. 85/ 2005 respectively.3. The applicant in O.A. No. 234 of 2004 is the son of late Upendra Nath Bayan who died while in service as a Group 'D' employee on 1.6.1999. The applicant, it is stated, had obtained a death certificate of his father o...

Chengajan Krimijan Fishery Samabai Samity Ltd. Vs. Govt. of Assam, Fis ...

Court: Guwahati

B.K. Sharma, J.1. By means of this writ petition the petitioner has assailed the legality and validity of the Annexure-XII order dated 5.11.2004 by which the fishery in question has been settled with the respondent No. 4. On an earlier occasion, the petitioner had approached this Court by filing the writ petition being W.P. (c) No. 4930/04 apprehending the settlement of the fishery in question, namely M/s. Chengajan Krimijan Fishery Samabai Samity Ltd., Dhemaji, in favour of the respondent No. 4 in that case, i.e., M/s. Sisi Srikalijan Fishery Co-operative Society Ltd. The writ petition was disposed of by order dated 4.8.2004 providing consideration of the case of the petitioner and the respondent No. 4 by the competent authority taking into account the respective claim.2. Pursuant to the aforesaid order dated 4.8.2004, the Government of Assam in the Fishery Department considered the respective claim of the contenders and eventually by the impugned order dated 5.11.2004 settled the fi...

Shri Shantanu Chakraborty Vs. the State of Tripura

Court: Guwahati

B.P. Katakey, J.1. This revision petition is directed against the judgment dated 22-6-1999 passed by the learned Additional Sessions Judge,' Belonia, South Tripura in ' Criminal Appeal No. 11(1) of 1999 dismissing the appeal filed by the revision petitioner by upholding the judgment of conviction dated 18-1-1999 passed by the learned Sub Divisional Judicial Magistrate, Belonia, South Tripura in G.R. Case No. 340 of 1996 convicting the revision petitioner under Section 325, IPC and sentencing him to undergo rigorous imprisonment for 2 years and directing payment of compensation of Rs. 25,000/- in the light of Section 357 of Cr.P.C. to the victim Ratari Baidya, for the loss of his right hand.2. A criminal proceeding was set in motion pursuant to the first information lodged by Durgacharan Baidya, P.W. 4, father of the injured Ratan Baidya, P.W. 1, alleging that on 25-11-1996 at about 17.30 hours while Ratan Baidya, injured, on way to Belonia town, he had an altercation with the revision...

Sikaria Sons (P.) Ltd. and anr. Vs. Commissioner of Taxes and ors.

Court: Guwahati

Ranjan Gogoi, J.1. The petitioner is a dealer registered under the provisions of the Assam Sales Tax Act, 1947, which was in force at the relevant point of time. He was engaged in the manufacture and sale of food items like atta, made, suji, besan, bran, etc., which were exempted items under the Act. For the periods ending 31.3.1988, 30.9.1988, 31.3.1989, 30.9.1989, 31.3.1990, 30.9.1990, 31.3.1991, 30.9.1991, 31.3.1993, 30.9.1992, 31.3.1993 and 30.9.1993 the petitioner was assessed to tax on the containers in which the exempted goods were sold by him. Aggrieved, petitioner had filed revision petitions against the assessment orders in question. The point involved being common all the revision petitions were disposed by a common order dated 11.7.1998 upholding the assessment orders passed. Aggrieved, the present writ petition has been filed.2. The Assessing Officer, upon examination of the respective cases of the parties and the documents brought before him in the course of the assessme...

State of Tripura and ors. Vs. Smt. Narayani Sharma

Court: Guwahati

B.P. Katakey, J.1. This appeal by the State of Tripura and others, who were respondents in civil Rule No. 482 of 1998, is directed against the judgment and order dated 23-6-1999 (reported in 1999 Cri LJ 3642) passed by the learned single Judge in the said writ petition, directing the appellants to pay a sum of Rs. 2,50,000/- as compensation to the writ petitioner/respondent herein for the custodial death of her son who was about 16 years old, at the relevant point of time.2. The facts leading to the filing of the writ petition is that on the basis of a complaint lodged by one Birendra Debbarma, Assistant Sub Inspector of Police, Ambassa Police Station, in the State of Tripura, Ambassa Police Station Case No. 9(7) of 1991 under Section 457/380 of the Indian Penal Code was registered on the allegation that on the night of 27/28th July, 1991 in between 1.30 hours to 5.00 hours some unknown miscreants entered into his Government quarter by opening the back door and stole away one V.I.P. S...

PorcelaIn India (P.) Ltd. Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J. 1. The writ petitioner, a Private Limited Company, is a dealer registered under the Assam Finance (Sales Tax) Act, 1956 (since repealed). Claiming to be an exempted unit under the 1982 Industrial Policy promulgated by the Government of Assam, the petitioner has challenged a common revisional order dated 14.6.1999 dismissing the revision applications filed by the petitioner against the orders of assessment for the periods ending 30.9.1985, 31.3.1986, 30.9.1986, 31.3.1987, 30.9.1987, 31.3.1988, 30.9.1988, 31.3.1989 and 30.9.1989.2. Under the 1982 Industrial Policy in force in the State of Assam during the relevant period, exemption from payment of sales tax was granted to eligible industries both in respect of purchase of raw materials for manufacture of the finished goods as well as on the sale of the finished goods by such an eligible unit. To give effect to the exemptions from payment of sales tax as contained in the Industrial Policy, the Assam Industries (Sales Tax...