Guwahati Court March 2009 Judgments

Dipak Choudhury and anr. Vs. State of Tripura

Court: Guwahati

Reported in: 2009CriLJ2912

ORDERC.R. Sarma, J.1. Heard Mr. S. Lodh learned Counsel appearing for the petitioners also heard Mr. A. Ghosh, learned Additional Public Prosecutor for the respondents.2. At the request of the learned Counsels for the parties and considering the nature of the case, the same is taken up for final hearing and disposal.3. This is an application Under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.) for quashing and setting aside the judgment and order dated 22-7-2008 passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar imposing punishment of simple imprisonment for 2 (two) years with a fine of Rs. 3,000/- (three thousand), in default to suffer simple imprisonment for 3 (three) months in Criminal Appeal No. 12(2)/2008 thereby modifying the judgment and order dated 11-3-2008 passed by the learned Judicial Magistrate, Dharmanagar, North Tripura in G.R. Case No. 373 of 2007 convicting the petitioner No. 1 Shri Dipak Choudhury under Section 498A of the...

Assam State Electricity Board Vs. R.N. Dutta

Court: Guwahati

Reported in: AIR2009Gau117

B.P. Katakey, J.1. This appeal Under Section 37 of the Arbitration and Conciliation Act, 1996 (in short, 1996 Act) is directed against the judgment dated 17-10-2007 passed by the learned District Judge at Guwahati in Misc. (Arb.) Case No. 6 of 2005 rejecting the application filed Under Section 34 of the 1996 Act praying for setting aside the arbitral award passed by the Industrial Facilitation Council (in short, IFC) acting as an arbitrator in respect of the matter referred to it under Sub-section (1) of Section 6 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial undertakings Act, 1993 (in short, 1993 Act).2. Pursuant to an order dated 9-3-1998 for supply of 400 Nos. of pilfer-proof steel meter boxes of particular specification, the respondent supplied the materials to the appellant on 14-5-1999, whereafter a bill for Rs. 7 lakh was raised on 2-6-1999. The appellant on 10-1-2000 paid the billed amount to the respondent. The respondent thereafter on 14-1-2000 a...

Jaiprakash Associates Limited (Cement Devision) Vs. State of Arunachal ...

Court: Guwahati

I.A. Ansari, J. 1. The petitioners, in this batch of writ petitions, who are involved in various commercial activities, in the State of Arunachal Pradesh, and import various goods from other States, have challenged the constitutionality, legality and validity of the Arunachal Pradesh Goods Tax Act, 2005 (in short, 'the Act') and, particularly, Section 3(2)(b) thereof, which imposes tax on the entry of goods, other than non-taxable import, for consumption, use or sale thereof into the local area of the State of Arunachal Pradesh.2. The levy has been challenged, broadly speaking, on three grounds, namely, (i) that the levy is violative of Article 301 of the Constitution of India inasmuch as the impugned legislation imposes unreasonable restrictions on the freedom of trade, commerce and intercourse and even if the impugned legislation is treated to impose, in public interest, reasonable restrictions, on the freedom of trade, commerce and intercourse, the impugned legislation cannot survi...

Patel Engineering Ltd. Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

Reported in: (2009)24VST481(Gauhati)

I.A. Ansari, J.1. The petitioner herein, which is a company, incorporated under the Companies Act, 1956, has been executing various works at Kameng Hydro Electric Project, in the district of West Kameng, Arunachal Pradesh. The petitioner is also involved in the business of construction of infrastructure facilities like dams, tunnels, powerhouse, etc., all over the country. Pursuant to the work orders, issued by North East Electric Power Corporation Ltd. (NEEPCO), in favour of the petitioner, the petitioner has been executing various civil works. The petitioner is a 'registered dealer' under the Arunachal Pradesh Goods Tax Act, 2005, and possesses a certificate of registration issued, in this regard, by the appropriate authority.2. The Arunachal Pradesh Goods Tax Act, 2005 (in short, 'the Act of 2005') has been enacted with the object of levying consumption tax, on goods consumed in the State of Arunachal Pradesh, through a combination of tax on entry of goods into the local area as def...