Guwahati Court June 2006 Judgments
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Sunrise Biscuits Co. Ltd. and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-21-2006
I.A. Ansari, J.1. The material facts and the chronology of events, which have led to the present writ petition and which are not seriously in dispute, may, in brief, be set out as follows:(i) By a notification, dated December 25, 1986 the Government of Assam announced its industrial policy of 1986 promising thereunder a new package of incentives for establishment of various industries in the State. The incentives, so announced, remained in force from January 1, 1987 to March 31, 1990 and by subsequent notification, this package of incentives was extended till March 31, 1991. This Scheme aimed at encouraging growth and promotion of industries based on local resources, local demands, local conditions of scarcity and local environment. The petitioner No. 1, which is a limited company, incorporated under the Companies Act, 1956, having its registered office, at Guwahati, established an industry for manufacturing of biscuits, in the year 1986, the said industrial unit of the petitioner-com...
Anil Sarkar Vs. State of Tripura
Court: Guwahati
Decided on: Jun-20-2006
I.A. Ansari, J.1. By the impugned judgment and order, dated 31-8-2001, passed in S.T. No. 125 (W.T/K) of 2000, by the learned Additional Sessions Judge, West Tripura, Khowai, the 3 (three) accused-appellants stand convicted under Section 376(2)(g) of the I.P.C. and each of them stands sentenced to suffer imprisonment for life and pay fine of Rs. 10,000/- and, in default, suffer rigorous imprisonment for a further period of 3 (three) months.2. The case against the accused-appellants, as unfolded at the trial, may, in brief, be described thus : The victim, R, used to live along with her 12 years old son, at the house of one G at Ganki, and earn her livelihood by doing domestic work at the houses of different people in her village. On 20-8-1991, when R was asleep and her son was not at home, the present two accused-appellants along with one Bidhu Paul and Shyamal Sutradhar came to her house at about 12 o' clock at night and called her from outside asking her to open the door of the house...
Wood Enterprise Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-20-2006
I.A. Ansari, J.1. In the present writ application, the petitioner has challenged not only the legality of the show cause notice, dated March 3, 2006, issued by the Assistant Commissioner of Taxes, Tinsukia, but also the vires and validity of Section 8(3)(iv)(a) of the Assam General Sales Tax Act, 1993 (in short, 'the Act of 1993') on the ground that Section 8(3)(iv)(a) is beyond the legislative power and competence of the State.2. The material facts, in brief, are thus : The petitioner is engaged in sale and supply of electrical goods and it executed various works contract with the railways and other public bodies. The petitioner submitted, under the Act of 1993, its return of turnover, in respect of not only supply of goods and services, but also in respect of works contract for the assessment years 2002-03 and 2003-04. The Superintendent of Taxes, Tinsukia, upon verification of the records of the petitioner, assessed, vide assessment orders, dated October 18, 2004 and March 11, 2005...
Dr. Bijaya Goswami and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jun-20-2006
B.K. Sharma, J.1. This criminal petition has arisen out of two orders passed by the learned CJM, Kamrup in respect of committal of a case under Section 209 CrPC. While, by the first order, the learned CJM, Kamrup was of the opinion that the case is not one to be tried under Section 304 (Part-II) IPC, by the second order the case has been committed to the learned Sessions Court, Kamrup, Guwahati holding that the earlier order was an inadvertent mistake. It is the second order, aggrieved by which, the petitioners who are the accused have invoked the jurisdiction of this court under Section 482 CrPC seeking quashing of the said order.2. Adverting to the facts of the case, the informant, represented by his learned Counsel in this proceeding had lodged an FIR with the Panbazar Police Station on 25.10.2004 alleging that his wife Smt. Monorama Kakati Bhuyan died in the operation theatre on 24.10.2004 due to the criminal negligence on the part of the Doctors involved in the operation. The FIR...
State of Assam Vs. Tarulata Devi
Court: Guwahati
Decided on: Jun-16-2006
B.P. Katakey, J.1. Smti. Tarulata Devi, the mother of Pankaj Sarma, a young boy of about 25 years and victim of the custodial death, filed a writ petition being Civil Rule No. 1333 of 1995 against the State of Assam and others praying for a direction to initiate a judicial inquiry for the purpose of fixation of liability/responsibility upon the wrongdoers involved in the killing of her son while in custody in Mangaldoi police station on 4.12.1994 registration of a Criminal Case under Section 302 IPC and punish such person (s) found responsible for the killing of her son and also to pay suitable compensation for such custodial violence. The learned Single Judge upon hearing the learned Counsel for the parties and on the basis of the materials available on record vide judgment and order dated 26.4.2001 directed payment of a sum of Rs. 2 lakh by the State to the writ petitioner for the wrongs on the part of the State and its failure to discharge its solemn duties to protect the fundament...
Padmawati Supply Agencies Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-16-2006
B.P. Katakey, J.1. The writ petitioner, who is a registered dealer under the Assam General Sales Tax Act, 1993 (in short, 'the 1993 Act') and the Central Sales Tax Act, 1956 (in short, 'the 1956 Act'), by the present writ petition has challenged the action of the Commissioner of Taxes, Assam, directing the Superintendent of Taxes to realise security money on the truck load of iron scrap moved from places within the State of Assam and to places outside the State of Assam at the check gate.2. The case of the petitioner is that it has entered into an agreement with M/s. Gaurav Metal Corporation and appointed the said firm as its consignment agent vide consignment agency agreement dated March 9, 1999 for ensuring smooth sales of non-ferrous metal scraps in wider market of Delhi and its adjoining areas/regions. Pursuant to such agreement, the petitioner dispatched all types of non-ferrous scraps to other States by way of stock transfer otherwise than by way of sales and such scraps belongi...
Rahul Das Vs. Oriental Insurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Jun-15-2006
A.H. Saikia, J.1. Heard Mr. K.K. Mahanta, learned senior counsel assisted by Mr. A. Samua, learned Counsel for the petitioner. Also heard Mr. A. Ahmed, learned Counsel appearing for the Oriental Insurance Company Ltd. ('the company').2. The case of the petitioner herein is that his vehicle which was duly insured with the company for the period from 1.2.2003 to 31.1.2004 was taken on 24.5.2003 by the driver with the passengers therein on hire for the journey to and fro from Nagaon to Golaghat and since then whereabout the vehicle including the driver was not known. In this regard a police case was registered with the Nagaon Police Station being Nagaon P.S.G.R. No. 1100 dated 26.5.2003 under Section 406/420 IPC.3. The petitioner, having the valid insurance policy, approached the concerned authority of the insurance-company claiming compensation of the vehicle under the head of theft.4. However, vide order dated 8.6.2004 (Annexure-15 to the writ petition) the respondent-insurance company...
Pradhan Baskey and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Jun-15-2006
A.H. Saikia, J.1. Heard Mr. P.K.R. Choudhury, learned Counsel for the petitioners. Also heard Mr. K.C. Mahanta, learned standing counsel appearing for the State respondents.2. By means of this writ petition presented under Article 226 of the Constitution of India, the petitioners have sought for a direction from this court to hold an enquiry to be conducted by the Central Bureau of Investigation and to submit its report and thereupon to award adequate compensation for the death of their relatives, namely, Som Murmu, husband of the petitioner No. 4, Smti. Tolamoy Hembram, daughter of the petitioner No. 3, Renta Soren, son of the petitioner No. 2 and Smt. Baha Baskey, daughter of petitioner No. 1 who were killed in the police firing that took place in Kachugaon Adivasi Relief Camp on 7.5.1998.3. This Court by order dated 19.1.2005, taking note of non-filing of the affidavit by the Government since 2002, directed the learned District Judge Kokrajhar to hold an enquiry into the matter and...
Tripura Physical Education Employees Association and ors. Vs. State of ...
Court: Guwahati
Decided on: Jun-14-2006
I.A. Ansari, J.1. I have heard Mr. A.K. Bhowmik, learned senior counsel, appearing on behalf of the petitioners, and Mr. R.B. Sinha, learned State counsel, appearing for the respondents.2. The controversy, in the present writ petition, lies a very narrow compass : Following their promotion, vide order, dated 31.12.1984, from Physical Instructor Grade-II to Physical Instructor Grade-I, re-designated as Senior Physical Instructor, the petitioner Nos. 2 to 9 have been functioning in the grad of Senior Physical Instructors with effect from 1.1.1985. The names of the petitioner Nos. 2 to 9 also appear in the tentative seniority list published, on 11.4.197, in respect of the Senior Physical Instructors. The Physical Instructors, working under the Department of Education, Government of Tripura, originally, consisted of two grades, These two grades being Physical Instructor Grade-I and Physical Instructor Grade-II. By virtue of the Revision of Pay Rules, 1988, (the ROP Rules, 1988’) pub...
Kamal Goswami Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-14-2006
A.H. Saikia, J.1. Heard Mr. S. Medhi, learned Counsel appearing for the petitioner and Mr. K.C. Mahanta, learned State counsel appearing for the official respondents. None appears for the GMC as well as private respondents despite notice when the matter is taken up for final hearing today.2. The correctness and validity of the order dated 31.10.1998 passed by the Commissioner and Secretary to the Government of Assam, Gauhati Development Department (for short, 'the Commissioner') has been challenged in this writ petition.3. Against order dated 15.7.97 passed by the Standing Appeal Committee, Gauhati Municipal Corporation (for short, 'the G.M.C.') in Appeal Case No. GCL/53 of 1996 preferred by the Respondent No. 4 herein as the appellant against the petitioner and others, an application under Section 420 of the Gauhati Municipal Corporation Act, 1971 (for short, 'the Act') was filed on 28.10.1998 by the petitioner narrating following facts: The case in brief is that late Bhuban Ch. Gosw...
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