Guwahati Court August 2007 Judgments

Union of India (Uoi) and ors. Vs. Man Bahadur Chhetri and ors.

Court: Guwahati

T. Vaiphei, J.1. This bunch of writ appeals is directed against the judgment and five separate judgments and orders dated 22.2.2006 passed by the learned Single Judge in WP(C) Nos. 89(SH) of 2000, 8(SH) of 2001, 100(SH) of 2001, 163(SH) of 2001 and 212(SH) of 2002 cancelling the orders of the respondents compulsorily retiring the writ petitioners from service. The appeals, involving identical questions of law, were heard together and are being disposed of by this common judgment.2. In all these appeals, the validity of the notices issued by the Director General of Assam Rifles, in exercise of the powers conferred by Rule 56 of Fundamental Rules/Rule 48(1)(b) of the Central Civil Services (Pension) Rules, 1972, compulsorily retiring each of the respondents, who were Subedar Major, from service. For the sake of convenience, we shall first set out the facts in WA No. 8 of 2006, decide this case and apply the result thereto in the remaining cases. The facts of this case, bereft of unnece...

Assistant Commissioner of Income Vs. Peter Thorose

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (2008)115TTJ(Gau.)455

1. The appeal is directed at the instance of the Revenue against the order of the learned C1T(A).2. The AO while passing assessment order under Section 158BD r/w Section 158BC(b) and Section 144 of the Act vide order dt. 25th Sept., 2003 has arrived at the conclusion for the block assessment of Mr.Peter's Thorose, the order being passed treating him as the real owner of St. Peter's Higher Secondary School and College by virtue of both direct and circumstantial evidence.3. While arriving at the conclusion on the basis of statement of Miss Dancy Dora Syiem, officiating vice principal under Section 132(4) of the Act and statement of Smt. T. Blah under Section 131 of the Act recorded on 12th Nov., 2001 and seized documents.4. The assessee filed appeal before the learned CIT(A) and the learned CIT(A) has observed as under: In my considered opinion financial control would imply ownership of property or the acquiring of rights in such property, the receipt of income from such property and it...

Smt. Sushila Devi Jhawar and ors. Vs. State of Tripura and ors.

Court: Guwahati

B.K. Sharma, J.1. By means of this application, the petitioners have prayed for setting aside and quashing of the decision of the respondent-authority to cancel the tender submitted by the petitioners in respect of the particular work. Consequential prayer made, is for acceptance of the technical bid of the petitioners.2. The facts material for the purpose of disposal of this writ petition are in a narrow compass:By Annexure-1 tender notice dated 26-9-2006, the Director General of Police, Tripura invited sealed tenders comprising of two parts, i.e. technical and commercial bids from bona fide suppliers/manufacturers for supply of items of kits and uniform as indicated in the enclosed list. One of the conditions for validity of the tenders was submission of upto date sales tax clearance certificate from the competent authority. Such certificate was to be furnished along with the technical bid.3. The petitioners in response to the said tender notice submitted their tender, admittedly wi...

Bhuram Gogoi Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. The orders dated 8.6.2007 of the Director of Secondary Education, Assam, holding that the respondent No. 4 was entitled to be the in-charge Principal of Batgharia Higher Secondary School (hereafter referred to ac the School) in addition to his normal duties and his installation as such have been impugned in the instant proceeding. The petitioner claims to be the senior most Assistant Teacher of the School and thus entitled to hold the charge of the said office.2. I have heard Mr. D.C. Mahanta, Sr. Advocate for the petitioner and Mr. V.M. Thomas, learned Standing Counsel, Education Department for the official respondents. Also heard Mr. K.K. Phukan, learned Counsel for the respondent No. 4.3. The abridged facts pleaded by the petitioner are that being appointed as a Hindi Teacher of the above named school, he joined the institution on 1.4.1978. He thereafter passed the B.A. examination in the year 1985 and also acquired the B.Ed. in the year 1995. In the meantime, he ...

Afcons Infrastructure Ltd. and Hindustan Construction Co. Ltd. Vs. Sta ...

Court: Guwahati

I.A. Ansari, J.1. I have heard Dr. A. K. Saraf, learned Senior Counsel, appearing on behalf of the petitioners, and Mr. R. Dubey, learned Counsel for the respondents.2. The material facts, which have given rise to these two writ petitions, are thus : The writ petitioners are works contractors and engaged in civil construction works. In the course of execution of the works contract, the petitioners use various goods including the goods, which stand declared as goods of special importance in inter-State trade or commerce under Section 14 of the Central Sales Tax Act, 1956, and known as declared goods. When the Superintendent of Taxes informed the petitioners that all goods including declared goods, used in execution of works contract, shall, in terms of Schedule V to the Assam Value Added Tax Act, 2003 (in short, 'the Assam VAT Act'), be subject to levy of value added tax (in short, 'the VAT') at 12.5 per cent, the petitioners disputed the assertion that the declared goods too, used in ...

Sanjit Debbarma Alias Khurumpui Vs. State of Tripura

Court: Guwahati

U.B. Saha, J.1. Feeling aggrieved by the judgment and order dated 22-2-2007 passed by the learned Addl. Sessions Judge, West Tripura, Khowai in S.T. 15(WT/K) of 200(5 whereby and whereunder the appellant was convicted Under Section 364 read with Section 149 of IPC and also under Section 27(1) of the Arms Act read with Section 149, IPC sentencing him to suffer R. 1. for 7 years and also to pay fine of Rs. 4,000/- for the offence committed Under Section 364 and Under Section 149, IPC, in default, to suffer R.I. for 1 year and he was further sentenced to suffer R.I. for 3 years and also to pay a fine of Rs. 2,000/- for the offence Under Section 27(1) of Arms Act, in default, to suffer R.I. for 6 months, both the sentences will run concurrently, the convict-appellant (hereinafter referred to as the appellant) has preferred the present appeal.2. Heard Mr. H. Debnath, learned Counsel for the appellant as well as Mr. D. Sarkar, learned P.P. Tripura assisted by Mr. R.C. Debnath, for the State...

T.R. Gupta and anr. Vs. Vascon

Court: Guwahati

M.B.K. Singh, J.1. Since game issue is involved, Criminal Revision No. 4(K)07 and Criminal Revision No. 6(K)07, which are in between the same parties are heard jointly and being disposed of by this common judgment and order,2. I have heard Mr. T.B. Jamir, learned Counsel appearing on behalf of the revisionists and Mr. K.L. John, learned Counsel appearing on behalf of the respondents in both the cases.3. The revisionists are challenging the legality and the propriety of taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 as against them by the Judicial Magistrate First Class, Dimapur in two complaint cases being C.R. Case No. 4/07 and C.R. Case No. 6/07 and are praying in effect for quashing the proceeding of the said two cases in so far as they are concerned.4. The above said two complaint cases were filed by M/s. Vascon, who is the opposite party/respondent in these two revision-petitions, as against the two revisionists and two others praying f...

Kartick Kumar Shil and ors. Vs. State of Tripura

Court: Guwahati

U.B. Saha, J.1. This is an application under Section 438 of Cr.P.C. for grant of pre-arrest bail in favour of the accused applicants as they are apprehending arrest in connection with written complaint (not registered as FIR) lodged by Smt. Rupali Baul (Shil) with O/C of Ranirbazar Police Station.2. Hear Mr. Somik Deb, learned Counsel for the accused applicants.3. The case of the present applicants in brief is that on 9.10.2005 the applicant No. 1 Shri Kartick Kumar Shil was married to Smt. Rupali Baul (Shil) and after the marriage both of them were leading their conjugal life in the parental house of the applicant No. 1. As there was pressure on the applicant No. 1 from the side of his wife Rupali, he had to proceed in a separate mess in a rented accommodation leaving his other inmates of the parental house. And his wife, Rupali developed relationship with diverse male persons and as a result suspicion arose in the minds of the applicant No. 1 and as he raised objection to the activi...

Manoj Roy and ors. Vs. Gunendra Roy

Court: Guwahati

R.B. Misra, J.1. The present second appeal Under Section 100 of the Code of Civil Procedure has been filed against the judgment dated 30-3-1998 and decree dated 3-4-1998 passed by the learned First Appellate Court (District Judge, North Tripura Kailashahar) in Title Appeal No. 5 of 1993 preferred by tenant Gunendra Roy (defendant/appellants against the order dated 6-3-1993 passed Title Suit No. 1,7 of 1989 following the suit for eviction and, decree in favour of the land lord Sachindra Chandra Roy. Originally two sets of landlords (legal heirs of Sachindra Chandra Roy) and Harendra Kumar Roy field the present Second Appeal however after the death of Harendra Kumar Roy as bachelor his name was deleted as per order dated 26-2-2002 of High Court passed in CM. Application No. 39 of 2002.2. While admitting the present second appeal on 8-6-1998 preferred by the land-lords the following two substantial questions of law were framed for adjudication:(i) Whether after the Appellate Court was co...

Priya Vart Choudhury Vs. Bichitra Debnath and ors.

Court: Guwahati

R.B. Misra, J.1. Heard Mr. B. Das, learned Sr. Counsel assisted by Mr. D. Chakraborty, learned Counsel for the appellant. Also heard Mr. P.K. Pal, learned Counsel for the opposite party Nos. 1 to 7 and Mr. S. Deb, learned Sr. Counsel assisted by Mr. S. Chaudhury, learned Counsel for the opposite party No. 8.2. The present appeal under Section 173 of the Motor Vehicles Act, 1988 (in short called M.V. Act) has been preferred against the order dated 16.1.99 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala (for short, 'learned Tribunal') in TS (MAC) No. 166 of 1991 awarding an amount of Rs. 2,59,000/- with interest @ 12% per annum as compensation with effect from 17.12.91 payable to the opposite party Nos. 1 to 7 by the appellant herein/Priyavart Chaudhury.3. It appears that claimants/opposite party Nos. 1 to 7/preferred T.S. (MAC) No. 166 of 1991 under Section 166 of M.V. Act claiming compensation in reference to the death of Nagendra Debnath, the husb...