Guwahati Court April 2010 Judgments

Sri Sushil Malakar Vs. Sri Swapan Malakar.

Court: Guwahati

1)This appeal is preferred challenging the legality and validity of the impugned judgment and decree dated 27/4/01 passed by the learned District Judge, Karimganj in Title (P) Suit No. 23/99 thereby declining to grant probate of the Will alleged to be executed in favour of the appellant. 2) I have heard Mr. BC Das, learned Senior Counsel assisted by Mrs. S. Roy, learned counsel for the appellant and Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. FU Barbhuiyan, learned counsel for the respondents. 3) The relevant facts necessary for disposal of this appeal which are not in dispute are as follows:One Hriday Malakar executed a Will on 7/1/93 in favour of the plaintiff. The said Will was registered in the office of the Sub-Registrar, Karimganj on the same day. By the said Will, the testator bequeathed all his movable and immovable properties in favour of the plaintiff and the plaintiff was also appointed as sole executor of the Will. The testator having expired on 10/4/94, the e...

Jyoti Forge and Fabrication and anr. Vs. State of Assam and ors.

Court: Guwahati

Reported in: (2010)31VST76(Gauhati)

R.S. Garg, C.J.1. The appellant, an assessee under the Assam General Sales Tax Act, 1993, being aggrieved by the judgment and order dated May 17, 2007 (Jyoti Forge & Fabrication v. State of Assam) passed by a learned single judge of this Court in W. P. (C) No. 6111 of 2002 confirming the orders passed by the learned Member, Board of Revenue and the revisional order passed by the Joint Commissioner of Taxes has come before us with a submission that the learned single judge so also the subordinate Tribunals were absolutely unjustified in not appreciating that the first order of assessment was contrary to or in violation of the principles of natural justice or the statutory requirements, then the said order would be null and void and any order of remand cannot extend the limitation as provided under Section 37 of the Assam General Sales Tax Act.2. The short facts necessary for disposal of the present writ appeal are that the appellant-writ petitioner is an assessee under the provisions of...

Sri GobIn Changmai Vs. the State of Assam.

Court: Guwahati

01. Being aggrieved by the decision of the Deputy Director of Elementary Education Assam, as conveyed by his letter dated 31. 10. 2009, effecting recovery of an amount of Rs. 2,43,402/-, from the petitioner's death-cum-retirement gratuity and arrear pension, consequent upon the alteration of his date of birth from 30. 11. 1947 to 01. 12. 1946, he is before this Court for redress. 02. I have heard Mr. M Sarania, learned counsel for the petitioner, Mr. SK Das, learned Standing Counsel, Education Department, Assam and Mr. BC Saikia, learned State Counsel, Assam for the Director of Pension, Assam. Also heard Mr. B Sarma, learned counsel for the respondent No. 7, the Ex-Block Elementary Education Officer, Dhemaji. 03. Briefly stated the petitioner's pleaded case is that after rendering over three decades of unblemished service, he retired as Headmaster of Subahi Pathar M. V School on 30. 11. 2006, on attaining the age of superannuation of 59 years as per the rules then in force. This was in...