Guwahati Court April 2006 Judgments
State of Nagaland and ors. Vs. Sentimeren Ao, Laboratory Assistant and ...
Court: Guwahati
Decided on: Apr-28-2006
M.B.K. Singh, J.1. A Single Bench of this court passed a common Judgment and Order on 21.4.2005 disposing of the WP(C) Nos. 178 (K)2002, 192(K) 2002, 205(K) 2002, 212(K) 2002, 188(K) 2002, 219(K) 2002, 208(K) 2002, 223(K) 2002, 207(K) 2002, 215(K) 2002, 224(K) 2002, 209(K) 2002 and 211(K) 2002 in favour of all the writ petitioners and quashing the order of the Director of Higher and Technical Education, dated 26.9.2002, which was challenged in all the said writ petitions, insofar as the writ petitioners were concerned. The impugned order, dated 26.9.2002, was regarding the retention and termination of the then existing work-charged and casual employees in the Department of Higher and Technical Education, Government of Nagaland. It was, purportedly, issued on the direction of the State Government, vide its letter No. HTE/1-32/2001/231 dated 8.5.2002, after getting the approval of the State's Cabinet in respect of the recommendation of the Nagaland Work-Charged and Casual Employees Comm...
Tag this Judgment!Akham Ibodi Singh and anr. Vs. Akham Biradhwaja Singh and anr.
Court: Guwahati
Decided on: Apr-28-2006
T. Nandakumar Singh, J.1. The power and jurisdiction of the High Court in an application under Section 19(4) of the Family Court Act, 1984 against the judgment and order of the Family Court disposing of the application for maintenance under Section 125, Cr.P.C., 1973 is akin to revisional jurisdiction of the High Court under Section 401 read with Section 397 of the Cr.P.C.2. Heard Mr. S. Rupachandra Singh, learned Counsel for the petitioner and also Mr. R. K. Nokulsana Singh, learned Sr. counsel assisted by Mr. R. K. Milan, learned Counsel appearing for the contesting respondent No. 2, Shri Akham Joykumar Singh.3. The short fact which gives rise to the filing of the present application is that petitioner No. 1, Shri Akham Ibodi Singh, aged about 74 years and petitioner No. 2, Smt. Akham (Ongbi) Chaobi Devi, aged about 71 years are the parents of the respondents. The respondent No. 1, Shri Akham Biradhwaja Singh is the eldest son of the petitioners and he was educated up to M.Sc. (Phys...
Tag this Judgment!Tata Finance Ltd. Vs. Naresh Ch. Deb
Court: Guwahati
Decided on: Apr-27-2006
H.N. Sarma, J.1. By this revision petition the petitioner has challenged the order dated 25.8.2003 passed by the learned Civil Judge (Senior Division), Karimganj, in Title Suit No. 3/02 rejecting the prayer of the petitioner for stay of the suit and/or referring the matter for arbitration in view of the existence of such arbitral clause in the agreement relied on by the parties.2. The plaintiff took a TATA truck on hire purchase basis from the petitioner by executing a hire purchase agreement. The vehicle was registered as AS-10-2873. accordingly, the plaintiff instituted the aforesaid Title Suit No 3/2002 in the court of the learned Civil Judge (Senior Division), Karimganj, on illegal threat to repossess the vehicle by defendants praying for declaration that the plaintiff is entitled to get Rs. 12,019.00 after adjustment of the balance premium and to get the duplicate key of the vehicle bearing registration No AS-10-2873 (TATA truck) and the specified form duly signed by the defenda...
Tag this Judgment!Marthala Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-27-2006
I.A. Ansari, J.1. Heard Mr. S. Jamir, learned Counsel for the petitioner, and Mr. B.N. Sarmah, learned standing counsel, Railways, appearing on behalf of the respondents.2. In a nut-shell, the case of the writ petitioner may be stated as follows :While working as a Senior Rakshak in Railway Protection Special Force at Panagarh, West Bengal, the petitioner's eldest son, SRK Nungsangmeren (since deceased), was run over by a train on 9.8.1977 and died on the spot. The petitioner's said son used to contribute, out of his meagre salary, a sum of Rs. 180 per month for the family, which consisted of his parents, his brothers and sisters. The petitioner is the widowed mother of the said deceased and she was largely dependent on the income of her said deceased son, for, the petitioner's husband's annual income was barely Rs. 4,000. At the time, when the petitioner's son died, the Railways did not have any extraordinary pension rules of their own ; but by virtue of Rule 273 of the Railway Prote...
Tag this Judgment!Md. SanajuddIn Ahmed Vs. Nalini Prasad Sarma
Court: Guwahati
Decided on: Apr-26-2006
H.N. Sarma, J.1. The judgment and decree dated 29.7.2003 passed in Title Appeal No. 18/2002 by the learned Civil Judge, Senior Division, Darrang dismissing the appeal filed by the petitioner and reversing partly the judgment and decree dated 5.10.2002 in Title Suit No. 18 of 1998 passed by the learned Civil Judge, Junior Division No. 2, Darrang, Managaldoi is the subject matter of challenge in this revision petition.2. The case of the petitioner, inter alia, is that the T.S. No. 31 of 1997 was filed by the landlord/respondent as plaintiff impleading him as sole defendant praying for passing decree against him for eviction from the suit premises and for arrear of rent. The pleaded case of the plaintiff/respondent, inter alia, is that the defendant/petitioner is monthly tenant in respect of the suit room which is a part of three storied building situated at Ward No. 3 Mongaldoi Town covered by holding No. 186 and the monthly rent is Rs. 500 per month. Initially, the rent for the suit ro...
Tag this Judgment!North Eastern Electric Power Corporation Ltd. Vs. S. Marbaniang
Court: Guwahati
Decided on: Apr-26-2006
B.P. Katakey, J.1. The North Eastern Electric Power Corporation Ltd. ('NEEPCO'), the appellant herein, being aggrieved by an interim award of Rs. 296,458778 Lakh passed by the Arbitral Tribunal under Section 31(6) of the Arbitration and Conciliation Act, 1996 ('the Act') filed an application under Section 34 of the Act on 4.4.2004, which was registered as Arbitration Case No. 1(T) of 2004, in the Court of learned Deputy Commissioner, East Khasi Hills District, Shillong, challenging the said interim award, who in turn on 11.4.2004 endorsed the same to the Court of learned Additional Deputy Commissioner, for disposal. The respondent herein, namely, S. Marbaniang, at the first instance filed an application on 14.6.2006, being No. 319/04 before the learned Addl. Deputy Commissioner, challenging the jurisdiction of that court on the ground that since the Arbitrators were appointed by the High Court, such court only has the jurisdiction to entertain the application under Section 34 of the A...
Tag this Judgment!The Assam Tribune Vs. Commissioner of Income Tax and anr.
Court: Guwahati
Decided on: Apr-25-2006
B.P. Katakey, J.1. This appeal under Section 260A of the Income-tax Act, 1961, is preferred by the assessee against the order dated July 31, 2000, passed by the learned Income-tax Appellate Tribunal, Guwahati Bench, Guwahati, in I. T. A. No. 432 (Gau) of 1997 and Cross Objection No. 12 (Gau) of 1998, relating to the assessment year 1991-92, vacating the order of the Commissioner of Income-tax (Appeals) and allowing the appeal preferred by the Revenue in so far as it relates to the decision of the Commissioner of Income-tax (Appeals) deleting an amount of Rs. 3,41,911 being the employees' contribution towards provident fund, from the income of the assessee, deduction of which was disallowed by the assessing authority under Section 43B(b) of the Income-tax Act, 1961 (in short 'the Act').2 The appeal was admitted vide order dated April 30, 2001, on the following substantial questions of law:1. Whether Section 43B of the Act empowers the assessing authority to make addition to the income ...
Tag this Judgment!Dayal Hari Paul and ors. Vs. Pradip Kumar Lahkar and ors.
Court: Guwahati
Decided on: Apr-24-2006
H.N. Sarma, J.1. This revision petition is directed against the judgment and decree dated 12-10-2001 passed in title Appeal No. 5/96 passed by the learned Civil Judge (Senior Division) No. 2, Guwahati, reversing the judgment and decree dated 6-11-1995 passed by the Munsiff, Rangia, in Title Suit No. 22/88 dismissing the suit of the plaintiffs/respondents.2. I have heard Mr. A.R. Benarjee, learned senior counsel for defendant /petitioners assisted by Ms. B. Choudhury, learned Counsel and Mr. P.K. Kalita, learned Counsel for the plaintiffs.3. In order to properly appreciate the contentions raised by the learned Counsel for the parties, a brief discussion of relevant facts is necessary.The plaintiffs/respondents filed a Title Suit No. 130/76 in the Court of Sadar Munsiff, Guwahati against the predecessor in interest. After the death of the original defendants Sri Radheshyam Paul, the names of the present petitioners were substituted by the Trial Court vide order dated 18-5-1985. The plai...
Tag this Judgment!Tapasi Trading Private Limited and anr. Vs. Neigrihms and ors.
Court: Guwahati
Decided on: Apr-21-2006
A. Hazarika, J.1. The Notice Inviting Tender (NIT in short), issued by the respondent No. 2, one of the eligibility criteria of the tender being submission of turn over certificate of Rs. 5 crores per year for two years (2003-04, 2004-05), as a 'Pre-qualification Bid', is under challenge before this Court, being violative of Wednesbury Principles of unreasonableness.2. The respondents herein, North Eastern Indira Gandhi Regional Institute of Health, Medical Science (NEIGRIHMS in short), floated a NIT dated 16th January, 2006 in the daily published English news paper, 'Indian Express', dated 28th January 2006, inviting tenders from manufacturers/authorised agents of manufacturers for supply, installation, testing and commissioning of the Medical Furniture for NEIGRIHMS, Shillong. The period of validity of the tender is one year from the date of opening of price bid and remain valid for the period of one year.3. The tender has to be submitted in three bids. The first part relates to 'Pr...
Tag this Judgment!Bijay Deka Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-13-2006
B. Sudershan Reddy, C.J.1. Heard Mr. T.C. Khetri, learned senior counsel for the appellant.2. The Divisional Forest Officer, Sonitpur West Division invited tenders from intending bidders for settlement of Dhirai Sand and Gravel Mahal for the years 2005-07 through sale notice dated 21-12-2005. The appellant, in response to the said sale notice, offered his bid of Rs. 3,65,505. That, another tenderer by name one Nani Paul of Kacharigaon, Tezpur also submitted his tender by duly complying with all the formalities. The Divisional Forest Officer, Sonitpur, according to the writ appellant, having found both the tenders as valid forwarded the same through the Conservator of Forests, Tezpur Circle, Tezpur to the Chief Conservator of Forests, Guwahati, the respondent No. 2 in this appeal, with his own recommendation to settle the mahal in favour of the writ appellant.3. The case set up by the writ appellant is that the 2nd respondent had chosen to reject the offer of the writ appellant as well...
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