Guwahati Court November 2006 Judgments
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Union of India (Uoi) and ors. Vs. Pradip Kumar Acharjee and ors.
Court: Guwahati
Decided on: Nov-07-2006
A.H. Saikia, J.1. Heard Mr. S. Sharma, learned Standing Counsel, N.F. Railway appearing for the petitioners as well as Mr. G. K. Bhattacharjee, learned Sr. counsel assisted by Mr. B. Choudhury, learned Counsel representing the respondent No. 1.2. By means of this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have sought for issuance of writ of or in the nature of Certiorari and/or Mandamus and/or any other appropriate writ, order or direction for quashment of the impugned judgment and order dated 27.4.2001 passed by the Central Administrative Tribunal Guwahati Bench (for short, 'the CAT') in O.A. No. 172, of 1998.3. On close perusal of the impugned judgment and order, it appears that the respondent No. 1, being aggrieved by the order dated 24.6.98 (i) promotion the nine officers, respondent Nos. 2 to 10, being junior to him, to the rank of Assistant Electrical Engineer superseding the respondent No. 1 as well as (ii) the selection process inc...
Deba Kanta Sarmah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-07-2006
Hrishikesh Roy, J.1. This matter came to be considered by the Division Bench in view of the different views taken by the two learned Single Judges of this court. The entitlement of the writ petitioner to pensionary and retirement benefits on the basis of service rendered in the higher posts as in charge Assistant Headmaster and in-charge Headmaster, in addition to his duties of Assistant Teacher, is the issue which is to be answered by this court.2. In order to appreciate the legal issues involved, it is important to take a note of the relevant facts. The petitioner while serving as Assistant Teacher in Chakalaghat High School, later on upgraded as Higher Secondary School was allowed to hold charge as Assistant Headmaster and thereafter as Headmaster for the period from 1.4.1991 to 30.4.1993 and 1.5.1993 to 31.3.1994 respectively in addition to his own duties. The petitioner was allowed to hold charge on the exigent happening of retirement of the regular incumbent. While functioning a...
Md. Makfur Rahman and anr. Vs. Md. Kajimul HussaIn Baruah and anr.
Court: Guwahati
Decided on: Nov-06-2006
I.A. Ansari, J.1. By making this application under Section 482 of the Code of Criminal Procedure, (in short 'the Code'), the petitioners, who are accused in Case No. 232/ 2006, have sought for quashing, amongst others, the order, dated 16-3-2006, whereby the learned Judicial Magistrate, 2nd Class, Guwahati, has taken cognizance of offence under Section 506 read with Section 34, I. P.C. against the accused-petitioners.2. The material facts and various stages, which have led to the filing of the present petition, may, in brief, be set out as follows:The present petitioners lodged a complaint against the opposite party No. 1 herein alleging, inter alia, that on 27-11-2005, at about 1.00 p.m., the opposite party No. 1 herein along with some others forcibly entered into the land of the complainant, removed the fencing, which had been raised by the complainant for preventing illegal parking of vehicles, destroyed the said fencing and when resistance was offered by the peon and security guar...
Deoki Nandan Bajaj and ors. Vs. Luku Barman and ors.
Court: Guwahati
Decided on: Nov-06-2006
Amitava Roy, J.1 .The petitioners -defendants/tenants challenge the judgment and order dated 12.1.2005 passed by the learned Civil Judge (Senior Division), Nagaon in Title Appeal No. 21/2003 affirming the judgment and decree dated 3.3.2003 passed by the learned Civil Judge (Junior Division No. 1), Nagaon in Title Suit No. 2/2000 thereby decreeing the suit for their ejectment from the premises involved.2. I have heard Mr. B.K. Gowami, Senior Advocate assisted by Ms. T. Goswami, Advocate for the petitioners and Mr. A.K. Goswami, Senior Advocate assisted by Mr. A.K. Sharma, Advocate for the respondents. The pleaded versions of the parties ought to be noticed before evaluating the competing arguments.3. The predecessor in interest of the respondent Nos. 1 to 4 i.e. Hemanta Kumar Barman (since deceased) and other respondents instituted the aforementioned suit against the petitioners as defendants praying for a decree inter alia for their ejectment from the suit premises described therein a...
Asstt. Commissioner of Vs. Mr. Peter Thorse
Court: Income Tax Appellate Tribunal ITAT Guwahati
Decided on: Nov-04-2006
1. On account of difference between the Ld. Members of Gauhati Bench of I.T.A.T. the following issue has been referred to me under Section 255(4) of the Income-tax Act, 1961: Whether the learned CIT(A) in the facts and circumstances of the case, has rightly allowed the appeal of the assessee without considering all the relevant facts and without obtaining the report of the A.O. on the necessary enquiries directed to be made by his predecessor? 2. The facts of the case are that a search was carried on the premises of Mr. A.A. Thorose, who was admittedly owner of St. Peter's School, Shilling, on 26-09-2001. During the course of said search, statement under Section 132(4) of Ms. D.D. Syiem was recorded. She claimed to be a teacher and after 1987 full-fledged Vice-Principal of the School. Mr.A.A. Thorose was stated to be the owner of the institution. As regards ownership of the St. Peter's College, she claimed that she along with Mrs. T. Blah was the owner of college having 50% share each...
Bina Rani Deb Vs. Land Acquisition Collector and anr.
Court: Guwahati
Decided on: Nov-03-2006
A.B. Pal, J.1. By a notification under Section 4 of the Land Acquisition Act (for short 'L.A. Act') dated 5.11.2000 certain lands were acquired for the public purpose of construction of new railway line from Agartala to Kumarghat and the Land Acquisition Collector (L.A. Collector) of the North Tripura District by order dated 4.1.2001 assessed the market value of the said lands situated at Mouja Ambassa in the North Tripura District awarding (i) Rs. 72,000/-per acre for Bastu, (ii) Rs. 54,000/- per acre for Nal/Lunga/Chara/Pukur/Doba, (iii) Rs. 48,000/- per acre for Bhiti, (iv) Rs. 30,000/- per acre for Tilla and (v) Rs. 14,400/-per acre for Layakpatit/Chara/Path The appellant herein had her land within the said acquired lands which were bastu and tilla, for which she received compensation at the rate of Rs. 72,000/- and Rs. 30,000/ per acre respectively. She also received Rs. 748/- for removal of her hut and Rs. 48,563/- for damage of her trees standing on the acquired lands. At her i...
Subhash Ch. Dey Vs. District Magistrate and Collector and anr.
Court: Guwahati
Decided on: Nov-03-2006
A.B. Pal, J.1. The judgment dated 10.08.1999 passed by the learned Civil Judge (Sr. Division), North Tripura, Kailashahar in Money Suit No. 19/1998 stands impugned in the present appeal. By that judgment, the learned Trial Court dismissed the claim of the plaintiff-appellant for an amount of Rs. 7,38,338/- being the sale proceeds of the seized rice from his possession along with interest at the rate of 18% per annum.2. I have heard Mr. D.K. Biswas with Mr. S. Lodh, learned Counsel for the appellant and Mr. A. Ghosh, learned Counsel for the respondents.3. The short fact given rise to the present proceeding may be noticed at the outset.The appellant Subhash Chandra Dey is the Proprietor of M/S Joy Ram Hardwares and Shibu Trading in Dharmanagar town, North Tripura District. On 21.03.1992, a Food Inspector of the State Government inspected his shop and seized 155215 Kg. of rice on the allegation that the same were ration rice meant for Public Distribution System. He also seized furniture,...
Pannalal Ghosh and ors. Vs. Sudhir Chandra Nag and ors.
Court: Guwahati
Decided on: Nov-03-2006
A.B. Pal, J.1. This civil revision petition has arisen from the order dated 30.6.1999 passed by the Civil Judge, Senior Division, Kailashahar, North Tripura in Miscellaneous Case No. 12/1998 in connection with 3 EX(T)/1992. By the said order which has been impugned in the present revision, the objection of the judgment-debtors under Section 47 of the Civil Procedure Code with regard to executability of the decree passed in Title Suit No. 98/1952 by learned Munsiff, Kailashahar has been allowed with the conclusion that the said decree cannot be executable.2. A brief narration of the material facts may be noticed at the outset.(i) One Akhil. Chandra Ghosh (the predecessor in interest of the petitioners herein) instituted Title Suit No. 98/1952 against one Sudhir Chandra Nag and 13 others, the respondents herein for declaration of title and recovery of possession by evicting the defendants from the suit lands appertaining to kayami taluk Nos. 37, 37/1, 37/2 and 37/3. The said suit was de...
Shafiqul Haque Mazumder Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Nov-03-2006
U.B. Saha, J1. The petitioner, in the present writ petition, under Article 226 of the Constitution, has assailed the order dated 5.8.2003, passed by the Central Administrative Tribunal, Guwahati Bench (in short, hereinafter referred to as Tribunal) in Original Application No. 326 of 2002, by which, the order dismissing the petitioner from service, dated 30.5.1997, passed by the Disciplinary Authority, the respondent No. 3 herein, was upheld.2. We have heard Mr. N. Dhar, learned Counsel for the petitioner and Mr. C. Barua, learned Central Govt. counsel for the respondents.3. The facts of the case, in a nutshell, are that the petitioner was initially appointed in the Postal Department as Postal Clerk in the year 1986. Subsequent thereto, he was promoted to the post of Upper Division Clerk ('UDC') after qualifying in the Departmental examinations and on the basis of his performance, and he was posted in the Saving Bank Control Organisation ('SBCO') of the Postal Department in different H...
Moosa (Md.) and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-02-2006
B.K. Sharma, J.1. This second appeal was twice decided, first in 1995 and secondly in 1997. However, on both the occasions, the matter was carried on appeal before the Hon'ble Supreme Court and on both the occasions, the matter was remanded back for fresh decision and that is how, the matter is again taken up. It will be appropriate to refer to the orders passed by the Apex Court at this stage.Order dated 3.3.1996 Civil Appeal No. 4798 of 1996 Chandra Das v. State of Assam and Ors. This appeal has been filed on behalf of the defendants to the suit for setting aside the judgment of the High Court in Second Appeal No. 171 of 1994.The suit in question had been filed on behalf of the respondent Nos. 6 and 7 (hereinafter referred to as the respondents). It was decreed by the trial court. The appeal filed on behalf of the appellant was allowed and the suit was dismissed. Being aggrieved by the judgment of the court of appeal, the second appeal was filed on behalf of the aforesaid respondent...
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