Guwahati Court April 2009 Judgments

Sri Dijen Sarmah S/O. Late Haren Sarmah and Sri Sahab UddIn Barbhuiya ...

Court: Guwahati

Hrishikesh Roy, J.1. Heard Dr. B Ahmed, learned Counsel appearing for the petitioners in W P (C) No. 3494/07. Also heard Ms. R Deka, learned Departmental counsel who represents the official respondents. Also heard Mr. K.K. Mahanta, learned senior counsel who appears for the petitioner in W P (C) No. 3811/07 and Ms. B Bhuyan, learned standing counsel of the Department who represents the official respondents. Mr. C Baruah, learned Counsel appears for the APSC. 2.The 3 petitioners, who are employed as Junior Engineers (J.E.) in the Public Works Department (PWD) have approached this Court seeking direction for consideration of their claim for promotion/direct entry, in the cadre of Assistant Engineer (Civil) as per the provisions incorporated in Rule 11(4)(c) of the Assam Engineering (Public Works Department) Service Rules, 1978 (hereinafter referred to as the Rules). The petitioners by virtue of possessing the higher Engineering Degree qualification which is the qualification prescribed ...

Sri Dijen Sarmah S/O. Late Haren Sarmah and Sri Sahab UddIn Barbhuiya ...

Court: Guwahati

Hrishikesh Roy, J.1. Heard Dr. B Ahmed, learned Counsel appearing for the petitioners in W P (C) No. 3494/07. Also heard Ms. R Deka, learned Departmental counsel who represents the official respondents. Also heard Mr. K.K. Mahanta, learned senior counsel who appears for the petitioner in W P (C) No. 3811/07 and Ms. B Bhuyan, learned standing counsel of the Department who represents the official respondents. Mr. C Baruah, learned Counsel appears for the APSC. 2.The 3 petitioners, who are employed as Junior Engineers (J.E.) in the Public Works Department (PWD) have approached this Court seeking direction for consideration of their claim for promotion/direct entry, in the cadre of Assistant Engineer (Civil) as per the provisions incorporated in Rule 11(4)(c) of the Assam Engineering (Public Works Department) Service Rules, 1978 (hereinafter referred to as the Rules). The petitioners by virtue of possessing the higher Engineering Degree qualification which is the qualification prescribed f...

Nachindra Rai S/O Late Sushanta Rammohan Rai Vs. State of Assam, Repre ...

Court: Guwahati

B.K. Sharma, J.1. This writ petition is against the order passed by the registrar of Co- operative Societies, Assam holding that the particular Annual General Meeting (AGM) of the society in question was not in conformity with the provisions of the Assam Cp-operative Societies Act and the Rules thereunder and accordingly canceling the same and constituting an Adhoc Managing Committee of the society providing that the said committee would hold the AGM/Election within 90 days from the date of issuance of the order.2.Briefly stated, the facts leading to initiation of the writ proceeding are that the Managing Committee of the society represented by the petitioner as its Chairman was elected in the meeting held on 27.7.2005. As per the provisions of the Assam Co-operative Societies Act, 1949 and the rules, its term was for three years. By order dated 23.5.2008, the Registrar of Co-operative Societies granted extension of the term of the Managing Committee upto 30.6.2008 for holding AGM/Ele...

Mrs. Subrata Borah Chowlek Wife of Chowken GohaIn and Mrs. Anima Gogoi ...

Court: Guwahati

B.K. Sharma, J.1. Both the writ petitions under same set of facts have been heard together and are being disposed of by this common judgment and order.2. For convenience sake and as agreed to by the learned Counsel for the parties, the facts stated in the writ petition being W.P. (C) No. 118/2006 are primarily discussed. Both the writ petitioners are with educational qualification of B.A. and B.Ed. They responded to the employment notice issued by the respondent-Corporation and published in the issue of 'The Assam Tribune' dated 20.10.1997 inviting applications from intending candidates for the post of teacher, primary school (English medium) against the permanent vacancies. As per the advertisement, the pay scale for the post was indicated as Rs. 2366 4521 plus other allowances as admissible under the Rules. It was also indicated that the appointed teachers would be entitled to Corporation's housing accommodation, C.P.F., Group Insurance, Leave Travel Concession, Gratuity, Medical fa...

Raj Kumar Agarwalla Vs. Md. Shaeriar MoIn Choudhury

Court: Guwahati

Reported in: AIR2009Gau169

ORDERH.N. Sarma, J.1. The subject-matter of challenge of this revision petition is an order dated 22-8-2008 passed in Title Suit No. 452/06 by which the learned Munsiff, No. 2, Kamrup, Guwahati rejected the prayer of the applicant for amendment of the plaint filed by the plaintiff/petitioner.2. I have heard Mr. S. Shyam, learned Counsel appearing for the plaintiff/petitioner and Mr. S. P. Rai, learned Counsel appearing on behalf of the defendants/respondent.3. The petitioner as plaintiff brought a civil action against the respondent and 2 others impleading them as defendants by filing Title Suit No. 154/04 in the Court of learned Civil Judge (Sr. Division) No. 3, Kamrup, Guwahati. Due to enhancement of pecuniary jurisdiction of the civil Courts, the said suit was transferred for disposal to the Court of learned Munsiff No. 2, Kamrup, Guwahati wherein it was renumbered as Title Suit No. 452/06.4. Upon service of summons, the defendants appeared and filed their joint written statements-c...

Pepsico India Holdings Pvt. Ltd. Vs. State of Assam and ors.

Court: Guwahati

Reported in: (2009)25VST41(Gauhati)

Ranjan Gogoi, J.1. The core issue arising in this revision petition filed by the petitioner-company is whether 'potato chips' manufactured and sold by the petitioner-company under the brand name 'Lays' and 'Uncle Chips' would be covered by entry 80 of Part A of the Second Schedule to the Assam Value Added Tax Act, 2003 (hereinafter referred to as, 'the Act') or the said product would fall under the residuary entry covered by the Fifth Schedule to the Act. The aforesaid question arises out of an order dated September 10, 2007 passed by the Commissioner of Taxes, Assam on an application filed by the petitioner-company under Section 105 of the Act.2. The Assam Value Added Tax Act, 2003, has been brought into effect from May 1, 2005. The Act contains five Schedules. The First Schedule enumerates goods that are exempted from payment of tax. The Second Schedule consists of three parts-Part A, Part B and Part C which deal with different items chargeable to tax at the rate of four per cent. Th...

N.E. thermion Private Ltd., Represented by Its Authorized Lawful Attor ...

Court: Guwahati

Ranjan Gogoi, J.1. The challenge in the writ petition i.e. WP(C) No. 2631 of 2006 being in respect of actions pursuant to the order of the learned Single Judge impugned in the writ appeal i.e. W.A. No. 181 of 2008, both the cases were heard analogously and are being disposed of by this common order.2.The facts in brief may be noticed at the outset.The Metal and Scrap Trading Corporation Ltd. (MSTC), as the selling agent of the respondent Indian Oil Corporation Limited (Assam Oil Division), invited tenders for sale of materials as described in the schedule of items/rates enclosed as Annexure-1 to a tender notice, the closing/opening date of which was fixed on 3.8.2006. In so far as the present proceedings are concerned, of the various items offered for sale as mentioned in the Schedule of items/rates, the following would be relevant.MATERIAL LIST CUM OFFER SHEETSl. No. LOT No. DESCRIPTION OF QUANTITY RATE (Excluding MATERIAL (APPROX.) taxes & duties) 1 1 Scrap KTU Plant, (233.926 MT 1...

N.E. thermion Private Ltd., Represented by Its Authorized Lawful Attor ...

Court: Guwahati

Ranjan Gogoi, J.1. The challenge in the writ petition i.e. WP(C) No. 2631 of 2006 being in respect of actions pursuant to the order of the learned Single Judge impugned in the writ appeal i.e. W.A. No. 181 of 2008, both the cases were heard analogously and are being disposed of by this common order.2.The facts in brief may be noticed at the outset.The Metal and Scrap Trading Corporation Ltd. (MSTC), as the selling agent of the respondent Indian Oil Corporation Limited (Assam Oil Division), invited tenders for sale of materials as described in the schedule of items/rates enclosed as Annexure-1 to a tender notice, the closing/opening date of which was fixed on 3.8.2006. In so far as the present proceedings are concerned, of the various items offered for sale as mentioned in the Schedule of items/rates, the following would be relevant.MATERIAL LIST CUM OFFER SHEETSl. No. LOT No. DESCRIPTION OF QUANTITY RATE (Excluding MATERIAL (APPROX.) taxes & duties)1 1 Scrap KTU Plant, (233.926 MT 1.00...

Speed Sales Private Ltd. Vs. Union of India (Uoi) and ors.

Court: Guwahati

Reported in: (2009)IVLLJ726Gau

H.N. Sarma, J.1. The subject-matter of challenge in this writ petition is a proceeding under Section 7-A of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952, wherein, the respondent authorities namely Assistant Provident Fund Commissioner (ENF), Guwahati vide order dated January 5, 2001 determined the liability of the petitioner to pay the contribution under the provisions of the Act: holding that the petitioner's firm is covered under the scheme namely the Employees' Provident Funds & Miscellaneous Provisions Act, 1952, w.e.f. June 1, 1997.2. I have heard Mr. L.P. Sharma, learned Counsel for the petitioner and Mr. D Borah, learned Counsel appearing for the respondent No. 2 & 3.3. The petitioner herein is a Private limited: Company, registered under the Indian Companies Act, having its registered office at Bhangagarh, Guwahati-5, as per the Articles of Association, the main object of the petitioner-company, inter alia, is to carry out the business as buyers, seller...

Management of Daisajan Tea Estate Vs. General Secretary, Bharatiya Cha ...

Court: Guwahati

Reported in: (2010)ILLJ608Gau

ORDERB.K. Sharma, J.1. This writ petition is directed against the award of the Labour Court answering the particular reference in favour of the workman who was dismissed from service pursuant to a domestic enquiry.2. The petitioner-Tea Estate is engaged in business of cultivation and production of tea, and for the purpose, it has to engage a large number of workmen. The particular workman namely, Ms. Kosten Taramoni was dismissed from employment for alleged gross misconduct on November 15, 1978. She was charge-sheeted for committing the misconduct during the working hour. The allegation levelled against her was that on October 24, 1978, she had reported late for duty in S.No. 14 at 8.55 a.m., which was beyond the scheduled time of reporting for duty. The Woman Mohurer told her that since she had come late, there would be no work for her on that day. Defying the order of the superior authority, she started plucking tea leaves and at about 1. p.m., she abused and assaulted the Woman Mohu...