Guwahati Court February 2007 Judgments

Dharmeswar Barman Vs. Dipjyoti Sarma and ors.

Court: Guwahati

I.A. Ansari, J.1. This revision is directed against the judgment and decree, dated 22.08.2003, passed, in Title Appeal No. 68 of 1997, by the learned Civil Judge (Senior Division) No. 2, Guwahati, dismissing the appeal and upholding the judgment and decree, dated 26.09.1997, passed by the learned Civil Judge (Junior Division) No. 3, Guwahati, in Title Suit No. 16 of 1988, decreeing the suit of the plaintiff-opposite party.2. The case of the plaintiff may, in brief, be described thus: The plaintiffs has an Assam type house, situated within the municipal area, and, on being approached by the defendant No. 1, the plaintiff let out the house to the defendant, as a monthly tenant, for a fixed period of six months, because of the fact that the defendant required the house to live, while constructing his own residential house on a piece of land, which is situated at a distance of about one kilometer from the plaintiff's suit property. Believing in the assurances given by the defendant, the p...

Faruque Rahim Vs. Akbari Begum and ors.

Court: Guwahati

I.A. Ansari, J.1. This revision is directed against the judgment and decree, dated 23.11.04, passed by the learned Civil Judge (Senior Division), Dibrugarh, in Title Appeal No. 6 of 2002, dismissing the appeal and affirming thereby the judgment and decree, dated 21.5.02, passed by the learned Civil Judge (Junior Division) No. 1, Dibrugarh, in Title Suit No. 85/98, whereby the plaintiffs-opposite parties' suit for ejectment of the defendant-petitioner from the suit premises, as a tenant, on the ground that he is a defaulter, was decreed.2. I have heard Mr. B.K. Goswami, learned Senior counsel appearing on behalf of the defendant-petitioner, and Mr. R. Barpujari, learned Counsel for the plaintiffs-opposite parties.3. The plaintiffs instituted the suit aforementioned for recovery of Khas possession of the suit premises by ejecting the defendant therefrom and also for realization of arrear rent, the case of the plaintiffs being, in brief thus: The plaintiffs are the owner of the suit prem...

Smt. Dipti Doley Basumatary, Vs. Union of India (UOi) and Ors.

Court: Guwahati

Reported in: (2007)211CTR(Gau)127,2007(3)GLT348,[2007]290ITR498(Gauhati)

D. Biswas, Actg. C.J.1. This batch of writ appeals arises out of a common judgment and order dated June 22, 2005, (see NEEPCO Tribal Employees' Welfare Association v. Union of India ) passed by the learned single judge of this court in Writ Petition (C) No. 200(SH) of 2001, Writ Petition (C) No. 340(SH) of 2002, Writ Petition (C) No. 14(SH) of 2004, Writ Petition (C) No. 15(SH) of 2004 and Miscellaneous Case No, 188 (SH) of 2001.2. The writ petitions were filed claiming exemption from payment of income-tax on the ground that the writ petitioners are members of the Schedules Tribes as defined in Clause (25) of Article 366 of the Constitution residing in the area specified either in Part I or Part II of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution. Precisely, the dispute raised by the writ petitioners centres around the scope and ambit of Section 10(26) of the Income-tax Act, 1961, vis-a-vis the constitutional provisions. Before the question is addressed, ...

Borpathar Tea Estate Vs. Presiding Officer, Labour Court and anr.

Court: Guwahati

A.H. Saikia, J.1. Heard learned Counsel for the parties.2. This writ petition has been pending since 1999.3. The correctness and validity of the award dated 31.12.98 passed by the Presiding Officer, Labour Court, Guwahati in Reference case No. 4/98 is the subject matter of challenge in this writ petition. 4. The basic facts relevant for the purpose of proper adjudication of the issue raised herein is that initially the workman was dismissed on 21.9.85 from service while working as a clerk in Borpathar Tea Estate on the sole ground of disobedience with the allegation that he refused to obey the order of the Management to go to Thengalbari Tea Estate (for short, 'the Tea Estate'). On 1.7.85 as per verbal order of the Management of Borpathar Tea Estate the workman went to the Tea Estate to join there on his deployment but on the same day he had to come back due to non-availability of the accommodation and the said fact was reported by him to the Management of Borpathar Tea by handing ove...

Bhaben Mohan and ors. Vs. State of Assam and ors.

Court: Guwahati

B.P. Katakey, J.1. This batch of writ petitions is relating to the selection and appointment to the post of Field Worker (FW)/Superior Field Worker (SFW)/Surveillance Worker (SW)/Laboratory Technician/Laboratory Assistant Driver under Health & Family Welfare (A) Department, Government of Assam. The petitioners in W.P.(C) No. 4833/06 (in short, '1st writ petition') are praying for a direction to the respondents to complete the process of selection initiated vide communication dated 17.12.2005 issued by the Joint Director of Health Services (Malaria), Assam to the Director of Employment & Craftsmen Training, Assam requesting to sponsor the candidates as well as the notices published in the newspapers, to publish the select list and also to make appointment pursuant to such select list. The petitioners in W.P.(C) No. 5221/06, W.P.(C) No. 5162/06, W.P.(C) No. 5163/06, W.P.(C) No. 5164/06, W.P.(C) No. 5035/06, W.P.(C) No. 5033/06, W.P.(C) No. 5032/06, W.P.(C) No. 5034/06, W.P.(C) No. 5473/...

All Assam Modern Chakki Mill Association and anr. Vs. State of Assam a ...

Court: Guwahati

B.K. Sharma, J.1. The prayer made in both the writ petitions is for a direction to the respondents to allot PDS wheat to the Modern Chakki Mills on the basis of the prevalent practice as was existing prior to 1999. The writ petitions have been heard together and are being disposed of by this common judgment and order.2. While the first writ petition being W.P. (C) 4000/2004 has been filed by registered Association, namely All Assam Modern Chakki Mills Association representing its members, the second writ petition being W.P. (C) No. 4782/2004 has been filed by an individual who is the owner of the Atta Chakki Mill in the name and style of M/s. Shree Khatawat Oil Mill.3. The facts leading to filling of the instant writ petition are as follows:4. The Modern Atta Chakki Mill used to receive 90 per cent of the total allotted quantity of PDS wheat, while the remaining 10 per cent was allotted to Roller Flour Mills. Such a practice was prevalent till 1999. Pursuant to the policy decision of ...

Amstar Lyngdoh Vs. State of Meghalaya and anr.

Court: Guwahati

A. Hazarika, J.1. Petitioner and the local people of Shillong town at large have been trying to protect the ecology of Shillong by ventilating their grievances at various forms and levels, but to no avail. Hence this petition in the nature of Public Interest Litigation (PIL for short).2. Mandamus has been sought for in this PIL petition for a direction to the respondent Nos. 1 and 2 to immediately stop all the activities including construction in the Lawsohtun area, Shillong and also for a direction to the authorities to restore the forest to its pre 1998 status i.e., to restore it to the Raid Laban for better management of the forest cover so as to preserve and protect the water catchment area of Shillong as per custom and practice prevailing in the area.3. Heard Mr. R. Kar, learned Counsel for the petitioner, Mr. N.D. Chullai, learned senior Government Advocate, Meghalaya for the respondent No. 1 and Mr. S.C. Shyam, learned Central Government Counsel for the Union of India (responde...

Banikanta Das and ors. Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. All these writ petitions being interconnected and their consequences being interdependent were heard together and are being disposed of by this common judgment and order.For a better appreciation of the commonness and inter-dependence of the writ petitions and also to effectively appreciate the questions arising therein, the facts of each of the cases; the contentions advanced by the rival parties and the point/points arising may be briefly noted.2. (i) W.P. (C) No. 134 of 2004(a) In this writ petition the petitioner, Md. Momtazuddin Ahmed, challenges the selections and promotions of the private Respondents 4 to 14 to the rank of Additional Chief Engineer in the Public Works Department (in short PWD) made on the basis of the Select List dated 24.7.2002 as also the Select List dated 19.12.2003. The case projected is that the petitioner's exclusion from the Select List dated 24.7.2002 for promotion from the post of Superintending Engineer to the post of Additional Chi...

West Bengal State Electricity Board and ors. Vs. Shanti Conductors Pvt ...

Court: Guwahati

Amitava Roy, J.1. The petitioners seek a declaration that the Court of the learned Civil Judge (Senior Division) No. 1, Kamrup, Guwahati lacks territorial jurisdiction to try Title Suit No. 101/1996 instituted by the Opposite Party. They contend that, inspite of the objection to its competence having been raised at the earliest, the learned Court below has failed to attend to the plea. The supervisory jurisdiction of this Court under Article 227 of the Constitution of India has thus been resorted to.2. I have heard Mr. S.R. Bhattacharjee, Senior Advocate assisted by Mr. T.K. Ghosh and Mr. S. Bhattacharjee, Advocates for the petitioners and Mr. S.R Roy, Advocate for the Opposite party.The factual background of the aforementioned suit may, at the threshold, be stated. The petitioners, on 27.02.1990 had floated a tender inviting sealed bids for supply of 5000 K. Ms 30 Sq. mm 'Weasel' conductors (H 0037008) in connection with Minor Irrigation Projects under the World Bank Scheme. The Oppo...

Niyati Majumder and ors. Vs. National Insurance Co. and anr.

Court: Guwahati

T.N.K. Singh, J.1. Unsuccessful claimants preferred the present appeal under Sub-section (1) of Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 31.7.1998 dismissing the case of T.S. (MAC) No. 328 of 1997 filed by the claimants-appellants before the Motor Accident Claims Tribunal, West Tripura, Agartala.2. Heard Mr. S. Deb, learned senior counsel assisted by Mr. A. Das, learned Counsel appearing for the appellants as well as Mr. P. Gautam, learned Counsel for the respondents.3. A core question i.e., whether the deceased Manik Majumder (husband of the appellant No. 1, brother of the appellant No. 2 and the son of the appellant No. 3) died due to an accident on 2.7.1997 arising out of use of the motor vehicle insured with the respondent No. 1 i.e., National Insurance Co. Ltd., Agartala Branch, 42, Akhoura Road, Agartala or not is required to be answered in the present appeal. In order to decide this core question it would be required to understand the res...