Guwahati Court September 2006 Judgments
Ananda Ram Baruah (Dr.) Vs. Guneswar Das and ors.
Court: Guwahati
Decided on: Sep-28-2006
H.N. Sarma, J.1. By this election petition filed under Section 80 read with Section 81 of the Representation of the Peoples Act, 1951, the petitioner has challenged the legality and validity of the election of the respondent No. 1, the returned candidate, from No. 82 Raha (SC) Legislative Constituency in the last general election, held on 10.4.2006.2.1. Apart from the returned candidate, the respondent No. 1, the election petitioner has also impleaded another candidate who contested from the aforesaid constituency as respondent No. 2, challenging the acceptance of his nomination paper as illegal and improper.2.2. As per the programme of the general election to the Assam Legislative Assembly declared by the Election Commission of India, so far it relates to No. 82 Raha (SC) Legislative Assembly Constituency were as follows:i) Last date of filing Nomination Papers : 24.3.2006ii) Date of scrutiny of Nomination Papers : 25.3.2006iii) Last date of withdrawal of candidature : 27.3.2006iv) D...
Tag this Judgment!M.S. Associates and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-28-2006
B.K. Sharma, J.1. This writ petition is directed against the Annexure-21 show cause notice dated 22.8.2006 issued by the Government of India in the Directorate General of Central Excise Intelligence, Kolkata Zonal Unit, Kolkata to the petitioner No. 1 represented by the petitioner No. 2 directing it to show cause as to why:(i) Amount of Rs. 20,78,23,780.00 being the amount of service tax payable as Business Auxiliary service provider on the value of taxable services realized by them from the Govt. of Meghalaya during the period from 1.7.2003 to 30.11.2005, and Education Cess on service tax amounting to Rs. 16,25,573.00 should not be demanded and realized from them under Sub-section 1(a) of Section 73 of Chapter-V of the Finance Act, 1994 as amended;(ii) Penalty should not be imposed upon them in terms of Section 76, 77 and 78 of Chapter-V of the Finance Act, 1994 as amended;(iii) Interest at the prescribed rate Under Section 75 of Chapter-V of the Finance Act, 1994 as amended should n...
Tag this Judgment!Dharmendra Pegu and ors. Vs. State of Assam
Court: Guwahati
Decided on: Sep-28-2006
P.G. Agarwal, J.1. This appeal is directed against the judgment and order dated 8.7.2002 passed by the learned Additional Sessions Judge No. 2, Sibsagar in Sessions Case No. 28 (S-C)/2001 [corresponding to Sessions Case No. 43(S-C) 88 (old)] convicting the accused appellants under Sections 148/302/325/323/ 149 IPC and sentencing them to suffer two years imprisonment under Section 148 IPC, to suffer rigorous imprisonment for life under Section 302 IPC read with Section 149 IPC and also to pay a fine of Rs. 500/- each, in default, to undergo further R.I. for six months. The accused appellants are also sentenced for 3 months R.I. under Section 323/149 and R.I. for 5 years each under Section 325 read with Section 149 IPC. All the sentences are to run concurrently.2. In Sessions Case No. 28 (S-C) 2001 as many as 10 accused persons were tried under Section 148/302/323/325/149 IPC. Accused Lakhi Pegu died during pendency of the case. During trial, prosecution examined as many as 14 witnesses...
Tag this Judgment!Anil Ramchiary Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-28-2006
B. Sudershan Reddy, C.J.1. The petitioner invokes the extra ordinary jurisdiction of this court under Article 226 of the constitution of India with a prayer to issue a writ in the nature of mandamus directing a judicial enquiry into the circumstances under which the petitioner's brother Sunil Ramchiary was killed by the army and bring the culprits to book and punish them as per law. It is also prayed to issue an appropriate direction directing the respondent to pay adequate compensation to the family of the deceased Sunil Ramchiary.2. The allegations levelled in the writ petition are that on 28th March, 2001 at about 2-30 A.M. a group of army personnel visited the residence of the petitioner at village Agardhowa under Barama P.S. in the District of Nalbari and forcefully took away the petitioner's brother Sunil Ramchiary along with them. The army personnel ignored the protest and request made by the family members not to take him away.3. It is further stated that even while the petiti...
Tag this Judgment!Must. Mosira Bibi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-28-2006
B.P. Katakey, J.1. The appellant, who was the elected President of Jhagrarpar Gaon Panchayat under Gauripur Anchalik Panchayat, filed the writ petition being W.P.(C) No. 7278 of 2005 challenging the resolution dated 28.9.2005, adopted in the special meeting of the said Gaon Panchayat expressing no confidence on her, on the ground of violation of the provision contained in Sub-section 1 of Section 15 of Assam Panchayat Act, 1994 ('the Act'), insofar as it relates to the time schedule given in the said provision of law for the purpose of holding the special meeting for consideration of no confidence motion brought against the President and Vice-President of a Gaon Panchayat. A notice of no confidence by eight out of ten members of the said Gaon Panchayat was given on 29.8.2005 expressing want of confidence on the appellant. The Secretary of the Gaon Panchayat on receipt of such notice placed the same before the appellant on 30.8.2005 seeking her approval to convene a special meeting for...
Tag this Judgment!Karna Kishore Deb Barma Vs. Ongc Ltd. and ors.
Court: Guwahati
Decided on: Sep-27-2006
A.B. Pal, J.1. The question that has fallen for consideration in this case is whether an employee under the Oil & Natural Gas Corporation Ltd. (for short 'Company'), who remains absent for a period of more than 7 (seven) months without any permission ceases to be in the employment of the said Company by operation of the provision contained in Rule 14 of the Oil & Natural Gas Corporation Limited Leave Rules, 1995.2. The short fact giving rise to the present proceeding is that the petitioner Shri Kama Kishore Debbarma was appointed as Fireman Grade-II under the Company on 11.01.1979 and got promotion to the post of Fire Supervisor on 31.01.1984. While serving as Fire Supervisor in the Tripura Project, he had fallen sick and remained absent from duties from 16.07.1995 without submitting any leave application. On 26.09.1995 he received a telegram from the Deputy Manager (P & A), the 4th respondent herein, asking him to resume duties followed by a memorandum dated 28.09.1995 declaring that...
Tag this Judgment!Real Biscuit Pvt. Ltd. and anr. Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Sep-27-2006
A.H. Saikia, J.1. Both the Writ Appeal No. 275 of 1998 and Writ Appeal No. 277 of 1998 witness a challenge to the common judgment and order dated August 7, 1998 passed by the learned single judge in Civil Rule No. 2721 of 1992 and Civil Rule No. 843 of 1993 respectively when in the Writ Appeal No. 362 of 1998 and Writ Appeal No. 182 of 2000 the judgments and orders dated August 3, 1998 [Reported as Assam Tin . v. Commissioner of Taxes [1999] 112 STC 405 (Gauhati)] and March 10, 2000 passed in Civil Rule No. 2053 of 1993 and Civil Rule No. 2052 of 1993 respectively have been assailed.2. As common question of law as well as facts were being raised in this batch of writ appeals, all the writ appeals were clubbed together for analogous hearing and are being disposed of by this common judgment and order.3. Heard the arguments advanced by the learned Counsel representing the parties including the Revenue and also meticulously examined the impugned judgments and orders.4. This host of writ a...
Tag this Judgment!Government Body of Dispur Law College Vs. Nalini Gopal Goswami and ors ...
Court: Guwahati
Decided on: Sep-27-2006
B.P. Katakey, J.1. The petitioner filed the writ petition praying for a direction to the respondent Nos. 1 and 2, namely, i.e., Governing Body of Dispur Law College, to publish the select list for the post of Principal of the college, as per selection held on 2.1.2005 and to appoint him, if he has been selected. The petitioner has also challenged the advertisement, dated 17.8.2005 issued by the President of the Governing Body of the said college calling for applications to fill up the said post of full time Principal of the aforesaid Law College.2. A Single Bench of this court passed an interim order on 7.10.2005 directing that the authority may proceed with the selection process, in terms of the advertisement dated 17.8.2005, but shall not pass any final order on such selection, without the leave of the court. The College Authority on 23.1.2006 filed an application for vacation/modification/ alteration of the said interim order dated 7.10.2005, which has been registered as Misc. Case...
Tag this Judgment!Sujata Pathak Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-27-2006
B.P. Katakey, J.1. The petitioner by the present writ petition has challenged the notice dated 28.7.2006 issued by the Commissioner, Guwahati Municipal Corporation asking her to show cause within 30 days as to why unauthorized construction/deviation mentioned in the said notice should not be demolished: The case of the petitioner is that she is the owner of the land, over which the said building has been constructed pursuant. to the no objection certificate issued by the Corporation for construction of the ground as well as first and second floor. According to the petitioner though, third floor has been constructed without there being any approved plan and the deviation mentioned in the said notice dated 28.7.2006, both being not in violation of the building bye law of the corporation, such unauthorized construction /deviation from the approved plan ought to have been regularised. According to the petitioner necessary direction therefore to be issued to regularise such unauthorized co...
Tag this Judgment!Shri Surendra Narayan Sukual Vs. Hirendra Chandra Chakravorty and ors.
Court: Guwahati
Decided on: Sep-26-2006
A.H. Saikia, J. 1. The instant reference has been placed before the Full Bench by the then Hon'ble the Chief Justice pursuant to an observation made by a Division Bench of this Court on 5-6-2002 while deciding the present Second Appeal in terms of the order of the Apex Court rendered on 10-10-96 in Civil Appeal No. 403/76 which runs as under:When leave was granted in this case, it was permitted in a manner to raise additional grounds. The ground emerging is that the second proviso to Section 5(1)(a) of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, as amended by the Act 16 of 1968, escaped to be applied by the High Court. This seemingly is so because the High Court has proceeded to decide the matter primarily on the main provision without resort to any of the two provisions. On the other hand, a Full Bench decision of the Assam High Court in Surendra Chandra Ghosh v. Sashi Prasad Barooah 1971 Assam Law Reports 370 goes to say that the introduction of the second proviso, afo...
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