Guwahati Court March 2007 Judgments
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Kundanmal Sharma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-17-2007
Amitava Roy, J.1. The proceedings witness successive stages of the challenge pertaining to transport subsidy for oil cake produced in the industrial unit of the petitioner. Whereas, the subject matter of impugnment in Civil Rule No. 5685/1997 is the decision against the admissibility of such subsidy for by products in a manufacturing process likely to include oil cake, the assailment in WP(C) No. 3979/2000 is on the direction for refund of Rs. 22,43,369/- paid to the petitioner on the said account for oil cake treating it to be a by product. By order dated 28.07.2000, this Court while issuing Rule had stayed the demand of refund contained in the impugned letter dated 27.06.2000. The foundational facts being the same and the primary issue common, the petitions were analogously heard and are being disposed of together. The essential facts are in WP(C) No. 3979/2000.2. I have heard Mrs. Millie Hazarika, Senior Advocate assisted by Ms. A. Ajitsaria, Advocate for the petitioner and Mr. B.C...
Sonaullah Sk. (Md.) and ors. Vs. Musstt. Aysa Bewa @ Aysa Khatun and o ...
Court: Guwahati
Decided on: Mar-17-2007
I.A. Ansari, J.1. This second appeal has arisen out of the judgment and decree, dated 29.4.1999, passed, in Title Appeal No. 6/1997, by the learned Civil Judge (Senior Division), Dhubri, allowing the appeal and reversing thereby the judgment and decree, dated 15.12.1997, passed, in Title Suit No. 288/93, by the learned Civil Judge (Junior Division), Dhubri, whereby the trial Court had dismissed the plaintiff's suit.2. Before I come to the substantial questions of law, which have been raised in this second appeal, necessary it is to take note of the respective cases of the parties concerned.3. The plaintiff s case is, in brief, thus: The plaintiff is the landowner of the land, measuring 50 Bighas, 2 Kathas, at village-Ravatari Part-I, covered by Dag No. 244, of Khatian No. 208, described in the schedule to the plaint, and has been in possession thereof by constructing his dwelling house thereon and raising various crops on the remaining land. The defendants Nos. 5, 6, 7, 8, 9, 10, 11 a...
Burlang Narzary Vs. State of Assam
Court: Guwahati
Decided on: Mar-16-2007
A.H. Saikia, J.1. Heard Ms. K. Dutta, learned Counsel who has been appointed by this Court as Amicus Curiae today itself due to absence of Mr. M.R. Pathak, learned Counsel who was earlier appointed as Amicus Curiae. Also heard Mr. B.B. Gogoi, learned Public Prosecutor, Assam.2. The conviction of the appellant Under Section 302 IPC and his subsequent sentence to rigorous imprisonment for life and also with fine of Rs. 2,000/-, in default of payment of fine, further rigorous imprisonment for one month, awarded by learned Sessions Judge, Bongaigaon vide judgment and order dated 25.07.01 in Sessions Case No. 17(B)/2001, has been assailed in this appeal being preferred by the appellant from jail.3. The facts in brief as unfolded by the prosecution are that the appellant, Sri Burlang Narzary married Smti. Bilani Narzary about 7/8 years ago of the incident. They were blessed with two children of their wedlock and living together under the same roof. On the eventful day on 25.07.00 at about 1...
Nandlall and Sons Tea Industries (P) Ltd. and anr. Vs. State of Assam ...
Court: Guwahati
Decided on: Mar-16-2007
Amitava Roy, J.1. The validity of the proceedings under the Payment of Wages Act, 1936 (hereafter referred to as the Wages Act) as well as that under the Bengal Public Demands Recovery Act, 1913 (hereafter referred to as the Recovery Act) before the Assistant Labour Commissioner, Tinsukia, respondent No. 2 and the Certificate Officer, Tinsukia, respondent No. 3 respectively, orders passed therein and the eventual auction sale of the petitioner's land pursuant thereto, constitute the subject matter of assailment in the instant petition. This Court by order dated 14.9.2004 while issuing notice of motion had in the interim directed the private respondents not to alter the features of the land to involved and the maintain the status quo thereof. The disbursement of the sale proceeds was also kept in abeyance.2. I have heard Mr. K. Agarwal, Advocate for the petitioner assisted by Mr. V.K. Bhatra, Advocate, Mr. B.J. Talukdar, Additional Sr. Government Advocate for the official respondents, ...
Manindra Ch. Paul Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Mar-16-2007
Mutum B.K. Singh, J. 1. The judgment and decree dated 4-1-1999 passed by the learned District Judge, West Tripura, Agartala in Money Appeal No. 11/1997 confirming the judgment and decree dated 18-7-1996 of the learned Civil Judge, Sr. Division, Court No. 2, West Tripura, Agartala passed in Money Suit No. 46/1993, has been assailed in this Second Appeal.2. The appellant herein was the plaintiff in Money Suit No. 46/1993 of the Court of the learned Civil Judge, Sr. Division, Court No. 2, West Tripura, Agartala and the respondents were the defendants in the said suit.3. Facts leading to this appeal are, in a nutshell, that the appellant as plaintiff instituted a Money Suit before the learned trial Court against the respondents (defendants). Before institution of the suit, the appellant's Advocate served notice upon the respondent No. 2 only. The suit was filed due to nonpayment of repairing charges of an office vehicle belonging to the respondent No. 2, which was repaired on the basis o...
All Manipur Jail Executive and Followers' Association and Ors. Vs. Sta ...
Court: Guwahati
Decided on: Mar-15-2007
B.D. Agarwal, J.1. A few Warders of Manipur Central Jail, under the umbrella of All Manipur Jail Executive and Followers Association, Imphal have filed this writ application seeking a writ in the nature of prohibition so as to direct the respondents not to utilize their services outside the Jail campus, more particularly, for the purpose of guarding the prisoner patients in civil or other hospitals. In other words, in the present writ petition, I am called upon to examine the nature of duties which can be done by the jail warders within the parameters of the Rules for Superintendence and Management of Jails. It may be mentioned here that rules framed by the State of Assam for this purpose have been adopted by the State of Manipur.2. I have heard Shri Ch. Nickel, learned Counsel for the writ petitioners. The respondents were represented by Shrithis Court Nepolean, learned Addl. Govt. Advocate, I have also perused the pleadings and documents filed by both the parties.3. It is the case o...
State of Manipur and ors. Vs. Khumanlambam Nilaroton Singh
Court: Guwahati
Decided on: Mar-15-2007
U.B. Saha, J.1. By this application Under Section 5 of the Limitation Act, 1963 read with Rule 2(2) of Chapter V-A of the Rules of Gauhati High Court, the petitioner prays for condonation of delay of 554 days in preferring the appeal against the judgment and order dated 07.01.05 passed by the learned single Judge in W.P. (C) No. 761 of 2004 wherein and whereunder the learned single Judge directed the petitioner-appellant to promote the respondent-writ petitioner in the next higher scale of pay w.e.f. the date of his completion of 12 years regular service as Inspector (Sericulture). The respondent-writ petitioner, as against the prayer for condonation of delay, filed objection by way of affidavit.2. Heard Mr. N. Ibotombi, learned Counsel for the petitioner appellant as well as Mr. Kh. Binoy Kumar, learned Counsel appearing on behalf of the respondent-writ petitioner.3. In support of the contention, as stated in the petition for condonation of delay, Mr. N. Ibotombi submits that the del...
Rajendra Rai and ors. Vs. Central Bureau of Investigation (Cbi) and or ...
Court: Guwahati
Decided on: Mar-14-2007
P.G. Agarwal, J.1. Criminal Appeal Nos. 268/2003, Criminal Appeal No. 269/2003 and Criminal Appeal No. 277/2003 have been heard analogously and disposed of by this common Judgment and Order as these three appeals have arisen out of the Judgment and Order dated 28.7.2003 passed by the Special Judge, Assam at Guwahati in Special Case No. 9 (CV2000 whereby the trial court convicted the accused appellants Under Section 120B, 420, 471 IPC r/w Section 13(1)(d), P.C. Act, 1988 and awarded different sentences and all the sentences were ordered to run concurrently.2. Heard the learned Counsel for both sides.3. The prosecution case in brief is that during the period 1985 to 1996 accused appellants were serving as Sub Inspectors, Line Inspectors, etc. The prosecution case is that all these accused persons pursuant to a criminal conspiracy, decided to cheat the Government in the Telecom Department and thereupon accused A-1 to A-6 fabricated false Experience Certificates in favour of accused A-7 t...
Lanu Jamir and anr. Vs. Bendangtoshi (Ungma)
Court: Guwahati
Decided on: Mar-14-2007
M.B.K. Singh, J.1. Heard Mr. C.T. Jamir, learned Counsel appearing on behalf of the revisionists and Mr. T. Pongener, learned Counsel appearing on behalf of respondent No. 1.2. This revision petition has been filed challenging the legality of the proceeding pending before the District Customary Court/District Dobashi Law Court, Mokokchung, Nagaland in connection with which the said Court has been taking steps for securing the attendance of the present 2 (two) revisionists before it.3. I have perused the records. It is ascertained that on failure to secure the attendance of the said two revisionists through summons issued to them and also through summons to their relatives, the said Court issued letter dated 18.8.2006 to Unger Council Chairman and Ungma Council Chairman to produce before it the two revisionists with three representatives of each of the two revisionists on 6.9.2006 at 10 A.M. It is also ascertained that the said proceeding before the said Court was in connection with a ...
State of Manipur Vs. All Manipur Petroleum Products Transporters Asson ...
Court: Guwahati
Decided on: Mar-14-2007
I.A. Ansari, J.1. The material facts and various stages, which have given rise to this appeal, may, in brief, be set out as follows:(i) As the State of Manipur is a land-locked State and railways do not function in the State, transportation of essential commodities depends entirely on movement of various motor vehicles. The State's requirement for various petroleum products, such as, MS (Petrol), Kerosene, HS Diesel (HSD) and Aero Turbine Fuel (ATF), etc., is met by transportation of these petroleum products by oil tankers through NH 39. When, therefore, the State of Manipur is without diesel and petrol, movement of vehicles stops and transportation of essential goods comes to stand-still. The respondent No. 1 herein is an Association formed and constituted by the oil transport contractors of the State of Manipur for welfare and development of its members. Respondent No. 2 herein is an Association formed and constituted by the owners of the oil tankers in the State of Manipur for the ...
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