Guwahati Court August 2006 Judgments
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Oriental Bank of Commerce Vs. Queens Palace and anr.
Court: Guwahati
Decided on: Aug-07-2006
H.N. Sarma, J.1. The challenge made in this revision petition is an order dated 7.4.2004 passed by the learned Civil Judge (Sr. Division) No. 1. Guwahati, in Misc. (J) Case No. 47/2002 arising out of Title Suit No. 39/95. By the impugned order, the prayer made by the plaintiff/petitioner to restore the suit which was dismissed for default and not for taking necessary steps for issuing summon in a substituted manner by publishing in the newspaper on the date fixed was rejected refusing to readmit the suit in exercise of power under Order 9, Rule 4, CPC.2. The plaintiff/petitioner filed the aforesaid T.S. No. 39/95 against the respondents for realization of a sum of Rs. 1,11,122.10, for sale of mortgaged property mentioned in Schedule A to the plaint for realization of the dues of the plaintiff payable by the defendant. The suit was filed on 4.3.1995 and the learned trial court admitted the plaint on 6.3.1995. The summon of the suit could not be served on the defendant in spite of issua...
Nilu Singha Roy and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Aug-04-2006
R.B. Misra, J.1. In Writ petition (C) No. 118 of 2006, the petitioners have challenged the Advertisement and Notice Inviting Tender (called 'NIT' in short hereinafter) for settlement of Foreign Liquor and Counrty Liquor shops by auction method under Notification F. 1(25)-Ex/S/2006/39 dated 21.01.2006 (Annexure-2 to the writ petition) and for renewal of their licenses under South Tripura District for the financial year 2006-2007, however the petitioners have not challenged any corrigendum.2. In W.P.(C) No. 117 of 2006 three (3) petitioner (Sri Bishnu Chandra Pal, Petitioner No. 1, who participated in the settlement process but was not successful, Petitioner No. 2, Sri Swapan Deb did not participate, Petitioner No. 3, Sri Tapan Deb said to have participated but was not declared successful) have challenged the advertisement and Notification No. 3688-89/F.IV-1(52) CEW/96(P-1) dated 18.01.2006, whereby, retail vend foreign liquor and country liquor shops proposed to be settled through auct...
A.i.A. Enterprise and ors. Vs. Guwahati Metropolitan Development Autho ...
Court: Guwahati
Decided on: Aug-04-2006
D. Biswas, J.1. Petitioner No. 1 is a proprietoral firm owned by the petitioner No. 2. A contract was executed between the firm and the respondent No. 1 on 8.10.2002 for improvement, of GMDA's Truck Parking Yard at Gotanagar on 'Build Operate and Transfer Basis'. It was agreed upon that the petitioner firm would invest an amount of Rs. 1,07,06,125 by mobilizing its own financial resources and would operate the parking yard for a period of five years with effect from the date of handing over the site and to pay a sum of Rs. 43.50 lakh annually to the GMDA. After construction/improvement, the yard was inaugurated on 9.4.2003. As per contract, the petitioner is entitled to operate till 8.10.2008. Despite satisfactory management strictly in terms of the contract, the petitioner firm was served with a notice dated 25.8.2003 to show cause as to why the agreement would not be terminated for violation of Clauses 5 and 9 of the additional condition of agreement because of complaints of extorti...
Binda Bimpak Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Aug-03-2006
B.P. Katakey, J.1. The Criminal Appeals are arising out of the judgment of conviction dated 16.6.2005 in B.S.R. Sessions Case No. 2/02 passed by the learned Additional Sessions Judge, Fast Track Court, Basar, Arunachal Pradesh convicting the accused/appellant under Section 302 IPC and under Section 27 of the Arms Act and sentencing him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 5,000 in default to undergo further rigorous imprisonment for 2 years for the conviction under Section 302 IPC and to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 2,000 in default to undergo further rigorous imprisonment for 6 months for conviction under Section 27 of the Arms Act. The reference has been made for confirmation of the sentence in view of the provision contained in Regulation 30(1) of the Assam Frontier (Administration of Justice) Regulations, 1945.2. On the basis of the FIR lodged by Dungsing Bimpak, PW5, on 10.12.1999 alleging that his fathe...
Jiten Bordoloi Vs. Chouhan Pandit and ors.
Court: Guwahati
Decided on: Aug-02-2006
I.A. Ansari, J.1. While the suit No. 88/2005 was lying fixed for ex parte hearing against the defendants in the suit, the defendant No. 2, who is opposite party in the present revision, filed a petition a long with his written statement praying to the court to pass necessary order(s) accepting the written statement. The plaintiff, who is petitioner in the present revision, raised objection to the prayer so made by the defendant No. 2 and also filed a petition urging, the court to pronounce, in terms of the provisions of Order 8, Rule 10 of the Code of Civil Procedure ('the Code'), the judgment, in the suit on the ground that the defendants had failed to submit their written statements within the time allowed by the court.2. Upon hearing learned Counsel for the parties on both the petitions, learned Civil Judge (Senior Division), Sibsagar, on 21.06.2004, parsed an order accepting the written statement and declining thereby to pronounce the judgment in the suit as had been sought for by...
Palan Chandra Barman Vs. Assam Fisheries Development Corporation and o ...
Court: Guwahati
Decided on: Aug-02-2006
B.K. Sharma, J.1. This matter was heard in the column of motion hearing on 31.7.2006. Upon hearing the parties on the basic plea of the petitioner that the settlement of the fishery called Tariachara Group Min-Mahal, in the district of Dhubri has been made with the caveator/respondent No. 4 on irrelevant and extraneous consideration at the behest of the Minister, Fishery, Government of Assam. Mr. G. Uzir, learned Standing Counsel, Assam Fishery Development Corporation (AFDC) representing the respondents Nos. 1. 2 and 3 was requested to obtain the records for perusal of this court.2. Mr. Uzir, learned Standing Counsel, AFDC has produced the file and the learned Counsel for the petitioner as well as the respondent No. 4 have made their submissions after going through the file and have agreed for final disposal of the writ petition on the basis of the materials on record.3. The petitioner is a contender for settlement of the fishery and so also the respondent No. 4. In response to a tend...
Commissioner of Income-tax Vs. K.U. Ltd.
Court: Guwahati
Decided on: Aug-02-2006
1. Heard Mr. U. Bhuyan, learned Counsel for the petitioner.2. The appeal is admitted for hearing on the following question:Whether, on the facts and in the circumstances of the case, is not the decision of the Tribunal perverse in deciding the case against the Revenue ignoring the fact that the assessee had adopted the colourable device evidenced by his conduct of incurring heavy losses from year to year in share transaction to avoid the payment of due tax?3. None appears for the respondent though the notice has been duly served as per office record.4. This appeal has been preferred by the Revenue under Section 260A of the Income-tax Act, 1961, challenging the order dated May 20, 2001, passed by the Income-tax Appellate Tribunal, Guwahati Bench, Guwahati, in I.T.A. No. 30 (Gauhati) of 1998 relatable to the assessment year 1994-95. Shorn of factual details, we would like to straight way answer the question relying upon a judgment of a Division Bench of this Court in CIT v. Janki Textil...
Kalyan Kumar Sarkar Vs. Alok Kanti Paul Choudhury and ors.
Court: Guwahati
Decided on: Aug-01-2006
B.P. Katakey, J.1. Sri Alok Kanti Paul Choudhury, respondent No. 1 herein, filed W.P.(C) No. 856 of 2006 challenging the notification dated 7.2.2006 issued by the Commissioner & Secretary to the Govt. of Assam, Education (Higher & Technical) Department 'transferring him from Guwhati to Bongaigaon as Principal of Bongaigaon Polytechnic vice the appellant Sri Kalyan Kumar Sarkar, who was transferred from Bongaigaon to Guwahati as Principal in Assam Textile Institute in place of the respondent No. 1-writ petitioner. Such transfer order was basically challenged on two grounds, namely, mala fide exercise of power and violation of the transfer policy formulated by the Government of Assam. The learned Single Judge vide order dated 10.3.2006 set aside the said transfer order dated 7.2.2006 on the ground that the same was passed in violation of the transfer policy by not recording the reason for transfer and without prior approval of the hon'ble Chief Minister and as desired by the Minister of...
State of Arunachal Pradesh and ors. Vs. Rajdhani Tractors and Agencies
Court: Guwahati
Decided on: Aug-01-2006
I.A. Ansari, J.1. This revision is directed against the judgment and decree, dated 28.1.2004, passed, in Money Appeal No. 04/2002, by the learned Civil Judge, (Senior Division), Tezpur, affirming and upholding the judgment and decree, dated 30.3.2001, passed, in Money Suit No. 11/1999, by the learned Civil Judge, (Junior Division), Tezpur, whereby the claim of the plaintiff-opposite party herein for realization of sale price of goods, namely, motor parts and accessories allegedly supplied to the defendant- petitioners has been decreed.2. The case of the plaintiff is, in brief, thus: From time to time, the defendants placed orders with the plaintiff for supply of motor parts, on credit, promising to make full payment of the materials after receiving the delivery thereof, in terms of the demands, so placed, the plaintiff supplied the motor parts, on credit, to the defendants, but the payment due therefor was not made. The plaintiff, then, served a notice under Section 80 CPC on the depe...
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