Guwahati Court February 2007 Judgments

Bhuban Chandra Sharma Vs. the State of Meghalaya

Court: Guwahati

I.A. Ansari, J.1. This criminal revision has raised a question of law of great significance and the question is : Whether the trial, in the Court of an Additional Sessions Judge, of a person, who is an accused of an offence, triable exclusively by a Court of Session, shall stand vitiated if the case has not been made over to him, by general or special order, of the Sessions Judge for trial or if the High Court has not, by special order, directed the Additional Sessions Judge to try the case This question, in turn, rise to another important question and the question is : Whether the expression 'Court of Session', occurring in the Code of Criminal Procedure 1973 (hereinafter referred to as 'the new Code), shall, always and invariably, mean the Sessions Judge alone and not Additional and/or Assistant Sessions Judge or does the expression 'Court of Session' means and includes, unless the context otherwise requires, not only' the Sessions Judge, but also the Additional and the Assistant Se...

Union of India (Uoi) Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. This unusual confrontation pitches the union of India represented by the NF Railway, Maligaon against the State of Assam, over a challenge to the notifications dated 16.12.2006 of the Deputy Commissioner & Collector Kamrup (Metro), District-Guwahati, under Section 3(1) of the Assam Land (Requisition & Acquisition) Act 1964 (hereafter referred to as the 'Assam Act), seeking to requisition the land and building described in the schedules thereto. The Union of India as the writ petitioner, questions the legality and the validity of the said notifications.2. I heard Mr. G.N. Sahewalla, Senior Advocate assisted by Mr. J. Singh, Advocate for the petitioner and Mr. K.N. Choudhury, Addl. Advocate General, Assam assisted by Ms. R. Chakraborty and Mr. Patwari Advocates for the State respondents.3. The prefatory facts, constituting the foundation of the rival stands, are provided in the pleadings. The petitioner has maintained that the land involved, was acquired by the State o...

Rathindra Lal Chakraborty and anr. Vs. Paramartha Sadhak Sangha

Court: Guwahati

T.N.K. Singh, J.1. The present appeal under Section 299 of mejndian Succession Act, 1925 is directed against the judgment and order dated 09.04.99 passed by the learned Additional District Judge, Shri S. Paul, West Tripura, Agartala in Misc. (Probate) Case No. 7 of 1988 granting probate of the Will dated 21.03.88 made by Late Hiran Prabha in favour of the respondent.2. Core questions i.e., (1) Whether the Court of Probate under the Indian Succession Act, 1925 is only concerned with the question as to whether the document (Will) put forward as the last Will and testament of a deceased person was duly executed and attested in accordance with law? (2) Whether at the time of such execution the testator had sound disposing mind? (3) Whether the probate Court is competent to decide the question of title of the property bequeathed by Will? Put up by the appellants in the present appeal for answers from this Court had already been answered in a Catena of cases by the Apex Court as well as thi...

Ajit Barman Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. The tender process for awarding the contract to run the catering restaurant in the Gauhati Medical College Hospital, Guwahati is the subject matter of challenge in the instant proceeding. Pending decision of the assailment, this Court permitted the petitioner to run the said canteen.2. I have heard Mr. A.M. Bujarbaruah, learned Counsel for the petitioner and Mr. K.N. Choudhury, learned Additional Advocate General, Assam for the official respondents.3. The petitioner has averred that on being asked to start the canteen for the pressing need of the Gauhati Medical College Hospital (hereinafter referred to as the 'GMCH'), he did so and the arrangement was approved by the Superintendent, Gauhati Medical College on 14.6.1990. As required, he deposited the running water and the electric charges with effect from 1.7.1990. He was in the year 2002 asked to shift the canteen to another room within the hospital campus as the earlier room was required to open the Blood Bank. The...

Assam Marble Industries Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. The writ jurisdiction of this Court is sought to be invoked to interfere with the order dated 21.11.2000, passed by the Deputy Commissioner of Taxes, Guwahati Zone-C, Guwahati, respondent No. 6 under Section 36(1) of the Assam General Sales Tax Act, 1993 (hereinafter also referred to as the 'Act'), directing fresh assessment of the taxable turnover of the petitioner for the assessment years 1995-96, 1996-97, 1997-98, as well as the consequential demands made. While issuing rule on 4.5.2001, this Court had suspended the operation of the impugned order and the proposed exaction2. I have heard Mr. G.K. Joshi, Senior Advocate assited by Mr. R.K. Joshi, Advocate for the petitioner and Mr. R. Dubey, learned Standing counsel, Finance Department for the respondents.3. The pleaded facts in short, are that the petitioner is a sole-proprietorship concern and is registered as a small-scale industrial unit with permanent registration certificate No. 02/05/05182, dated 19.3.1994, ...

Commissioner of Income-tax Vs. Parimal Kanti Chanda

Court: Guwahati

P.G. Agarwal, J.1 Heard Mr. U. Bhuyan, learned Counsel appearing on behalf of the appellant, and Dr. A.K. Saraf, learned Counsel for the respondent.2 The appeal was admitted for hearing on the following substantial questions of law--1. Whether, on the facts and circumstances of the case, the Tribunal was justified and correct in law in holding that the Commissioner of Income-tax (Appeals) did not violate the provisions of Rule 46A of the Income-tax Rules, 1962, and in upholding the decision of the Commissioner of Income-tax (Appeals) in admitting additional evidence ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified and correct in law in confirming the deletion by the Commissioner of Income-tax (Appeals) of the addition of Rs. 23,00,000 being income from undisclosed investments, when the assessee failed to discharge his primary onus of showing that the apparent was not the real ?3. Whether, on the facts and in the circumstances of the case, is n...

Swapan Kumar Sharma Vs. Namita Chakraborty (Smt.)

Court: Guwahati

T.N.K. Singh, J.1. This revision petition under Section 115 of the Code of Civil Procedure, 1908 is directed against the judgment and order dated 28.11.2002 passed by the learned Civil Judge (Junior Division) Court No. 1, West Tripura, Agartala in Misc. Case No. 68/2002 rejecting the prayer of the petitioner for correction of the decree, prepared in pursuance to the judgment and order dated 15.10.2001 passed in Title Suit No. 10/97, by amending the description of suit land mentioned in the decree in consonance with the report of the Survey Commissioner dated 22.11.2000 (Exhibit 'X')2. Heard Mr. D.K. Biswas, learned Counsel appearing for the petitioner and Mr. D. Chakraborty, learned Counsel appearing for the respondent.3. The concise facts, which should be sufficient for deciding the Civil Revision are that the petitioner filed Title Suit No. 10/97 in the Court of Civil Judge (Junior Division) Court No. 1, West Tripura, Agartala against the present respondent. The facts pleaded by the...

Ajoy Kar Vs. State of Assam and ors.

Court: Guwahati

Reported in: [2007(113)FLR280]

B.K. SHARMA, J.1. Heard Mr. H.K. Deka, learned Sr. Counsel for the petitioner. Also heard Mr. A.K. Goswami, learned Sr. Counsel and S.C., K.A.A.C., assisted by Mr. Banik, learned S.C., K.A.A.C.2. The petitioner, a Lower Primary School teacher being aggrieved by the termination of his service on ground of gross negligence of duty, has invoked the writ jurisdiction of this Court.3. The petitioner was first appointed as L.P. School teacher on 27.1.1986. His appointment order was issued by the Secretary, Primary Education Board, Karbi Anglong Autonomous District Council, Diphu. Eventually he became the head Pandit of the L.P. School in which he had been serving.4. The petitioner was placed under suspension by order dated 1.7.1997 and the same was issued pending drawl of the departmental proceeding. He was issued with charge-sheet on 16.10.1997 containing the following charges:(1) That while you were regularly irregular since August, 1996 in your school duty. You are therefore charged with....

Assam Brook Limited Vs. Borgong Catholic Hospital

Court: Guwahati

H.N. Sarma, J.1. The challenge made in this revision petition filed under Article 227 of the Constitution of India is an order dated 27.11.2006 passed in Money Suit No. 23 of 2003 by the learned Civil Judge (Sr. Divn.), Karimganj.2. By the impugned order, the learned trial Judge accepted certain additional documents filed by the plaintiff in the suit, which were, admittedly, not filed at the time of presentation of the suit. The plaintiff/respondent instituted the aforesaid Money Suit, inter alia, praying for a decree for Rs. 13,17,773/- against the defendant on account of medical services rendered to the patients of the defendant on diverse dates, pendentilite interest and for other reliefs. Along with the suit, the plaintiff filed as many as 717 documents, which are the bills allegedly issued on different dates by the plaintiff to the employees of the defendant/petitioner.3. The basic cause of action, as disclosed by the plaintiff, is at paragraph 6, which reads as follows:That the ...

Anju Devi Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. The petitioner, a student of the Gauhati University (hereinafter referred to as the 'University') is before this Court, her results for the TDC Part III having been withheld.2. I have heard Mr. S. Bhattacharjee, learned Counsel for the petitioner and Mr. L.P. Sharma, learned Standing Counsel for the University appearing for the Respondent Nos. 2 to 5. Mr. Dutta, learned Standing Counsel, Education Department appears for the Respondent No. 1. None has entered appearance on behalf of the Respondent No. 6, Principal, Handique Girls' College, Guwahati.3. The pleaded case of the petitioner is that, her father who is a Subedar in the Indian Army is presently posted at Army Unit in the Narengi Cantonment near Guwahati. He being on a transferable job, the petitioner had to accompany him at his places of posting. The pursue the Bachelor of science course, she got admitted in the Deb Samaj College, Ferozepur city under Punjab University and passed the Part-I examination thereo...