Guwahati Court March 2011 Judgments
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M/S. Kamakhya Plastics (P) Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-17-2011
1. Can a subordinate legislation be retrospective in operation,when the parent legislation, whereunder such a legislation standsmade, is prospective in nature? When a person is statutorilyentitled to be exempted from payment of sales tax, or is statutorilyentitled to pay tax at a reduced rate, can such benefit ofexemption, or payment of tax at a reduced rate, be denied to himon equitable consideration, because of the fact that the person hadalready availed exemption from payment of sales tax, or hadavailed of the benefit of payment of sales tax at a reduced rateduring the period, when he was not so entitled to avail suchbenefit? In short, whether, on equitable considerations, a personcan be denied the benefit of exemption from payment of sales tax,or the benefit of payment of sales tax at a reduced rate, which thelegislature has, otherwise, vested in him?2. In the answers to the questions, posed above, rest thedecision in this appeal. However, an incidental ques...
Sri Prabhat Baruah and anr. Vs. State of Assam
Court: Guwahati
Decided on: Mar-17-2011
1. Being aggrieved by the judgment and order dated 06.11.2003 passed by the learned Additional Sessions Judge (Ad Hoc), Jorhat in Criminal Appeal No. 47/2003 dismissing the appeal and upholding the judgment and order of conviction dated 19.07.2003 passed by the learned Chief Judicial Magistrate, Jorhat in GR Case No. 14 of 1999, whereby and whereunder both the accused petitioners were convicted under sections 324/34 of the Indian Penal Code ('IPC' for short) and sentenced them to undergo Rigorous Imprisonment ('RI' for short) for one year with a fine of Rs. 1500/- each, in default, to undergo further RI for a period of two months, both the accused petitioners have approached this Court by filing the instant petition under section 401/397 of the Code of Criminal Procedure, 1973 ('CrPC' for short) invoking revisional jurisdiction. 2. I have gone through the judgment and orders passed by both the courts below. Also heard Mr. TJ Mahanta, learned counsel appearing for the accused petitioner...
Smti Chandramati Devi Vs. Shri Rajib Bora and ors.
Court: Guwahati
Decided on: Mar-17-2011
1. This is an intra-court appeal against the judgment and order, dated 10.09.2008, passed, in Contempt Case (Civil) No.649/2006, whereby a learned Single Judge of this Court, while imposing punishment on the persons, who were proceeded against, further directed payment of compensation, but scaled down the quantum of compensation, which the appellant had demanded. It is basically scaling down of the quantum of compensation, which is under challenge in this appeal. 2. By judgment and order, dated 10.09.2008, passed in Contempt Case (Civil) No.649/2006, a learned Single Judge of this Court, while imposing punishment on the persons, who were proceeded against, further directed payment of compensation, but scaled down the quantum of compensation, which the appellant had demanded. It is against the scaling down of the quantum of compensation that this appeal has been preferred. 3. We have heard Mr. M.K. Choudhury, learned Senior counsel, for the appellant, and Mr. K.N. Choudhury, learned Add...
Motilal Tayeng Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Mar-17-2011
(1.) Heard Mr. T. Pertin, learned counsel for the petitioners, and Ms. G. Deka, learned Additional Senior Govt. Advocate, Arunachal Pradesh, appearing for the State respondents. Also heard Mr. M. Batt, learned counsel, appearing on behalf of the private respondents. (2.) The petitioners by filing this writ petition have sought for a direction from this Court to re-conduct the Physical Efficiency Test (Outdoor Test), for promotion to the post of Head Constable from the post of Constable by canceling the promotion given to the private respondents. (3.) Facts, leading to the filing of the present writ petition, may be stated, in brief, as follows: The petitioner Nos.1 and 2 above named have been serving as Naik and Constable continuously for 15 and 16 years respectively, under Arunachal Pradesh Police (hereinafter, in short referred to as 'APP'). In terms of the provisions of Head Constable of Police (Group C Post) Recruitment Rules, 1997 (hereinafter referred to in short as 'the Rules'),...
Gopal Goraik Vs. State of Assam
Court: Guwahati
Decided on: Mar-17-2011
GOSWAMI, J. (1.) This appeal is directed against the judgment and order dated 16.6.2006 passed by the learned Sessions Judge, Golaghat, in Sessions Case No 50/2005, convicting the accused appellant under section 302 IPC and sentencing him to suffer imprisonment for life and to pay fine of '. 5,000.00, in default, rigorous imprisonment for one year, for committing the offence of murder by intentionally causing death of one Haren Goraik. (2.) We have heard Mr P K Deka, learned Amicus Curiae and Mr Z Kamar, learned PP, Assam. (3.) Smt. Sumitra Goraik, wife of the deceased Haren Goraik, had filed an ejahar before the Officer-in-Charge, Kamarbandha Police Station on 11/1/2005, stating therein that on 10/1/2005, at about 4:30 PM, the accused appellant, Gopal Goraik @ Bubai, hacked her husband with a "Kalam Katari" (pruning knife), at the office premises of the tea estate while he was on duty. Her husband suffered serious injuries and accordingly, he was shifted to the Golaghat Civil Hospital...
Khokan Debbarma Versus State of Tripura
Court: Guwahati
Decided on: Mar-16-2011
U.B.SAHA, J. (1) The instant application is filed by the petitioner, Sri Khokan Debbarma, an accused in Agartala Women P.S case No. 24 of 2009 wherein the police ultimately filed charge sheet against the petitioner and the petitioner is facing trial in a sessions proceeding being ST 54(WT/A) 2010 under Sections 498A and 306 IPC pending before the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No.3 either to quash the entire proceeding or withdraw the case from the Court of the Additional Sessions Judge, West Tripura, Agartala, Court No.3 and transfer the same in any other Sessions Court within West Tripura District on the ground that the Presiding Judge of the aforesaid Court is a relation of Mr. B. B. Das, the ex-Chairman of Tripura Public Service Commission (TPSC) who is closely associated with Mr. B. K. Roy, a Commissioner to the Govt. of Tripura, against whom the petitioner moved an application wherein some accusations are made against him relating to the dea...
Rima Taipodia Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Mar-15-2011
(1.) Heard Mr. K. Ete, learned counsel for the petitioner. Also heard Ms. Geeta Deka, learned Addl. Senior Government Advocate, for the State respondents, and Mr. N. Tagia, learned standing counsel for respondent Aruanchal Pradesh Public Service Commission (hereinafter APPSC). (2.) The writ petitioner has challenged the termination order 14.07.2010, issued by the respondent Chief Secretary to the Government of Aruanchal Pradesh. (3.) The facts leading to filing of this writ petition may be stated, in brief, as follows: The petitioner is a physically challenged person, having orthopaedic disability certificate and identity card as well as Pass Book issued by the Deputy Commissioner, West Siang District, Aalo, on 19.02.2003. The petitioner applied in the selection process conducted by the APPSC, as per advertisement dated 25.07.2006, under 3% reserved quota for physically challenged person. On completion of the selection process, the petitioner was finally selected and was placed at seri...
Rnt Plantations Limited Vs. Union of India
Court: Guwahati
Decided on: Mar-15-2011
(1.) Heard Mr. S.K. Kejriwal, learned Counsel appearing for the petitioner. Also heard Ms. R. Bora, learned Central Government Counsel appearing for the respondents. (2.) The petitioner company owns 3 Tea Estates i.e. Lukwah and Khona (in Sivsagar district of Assam) and Dalgaon Tea Estate in Jalpaiguri, West Bengal. The Lukwah Tea Estate of the petitioner is duly registered with the Central Excise Department for manufacturing tea including tea waste, bearing Registration No. 3/SIB/Package Tea/1998 dated 27.4.1998. (3.) In this proceeding, the petitioner challenges the order dated 28.6.2002 of the Commissioner (Appeals) [Annexure-U], the follow up order dated 29.10.2004 of the Assistant Commissioner, Central Excise, Jorhat (Annexure-T) and the consequential Assessment Order dated 29th October 2004 of the Assistant Commissioner, whereby the petitioner is held liable to pay Rs.4,67,048/- as differential duty for package tea cleared during 2.6.1998 to 28.2.1999. The petitioner contends tha...
Commissioner of Central Excise Vs. Jellalpore Tea Estate
Court: Guwahati
Decided on: Mar-15-2011
MADAN B. LOKUR, CJ. (1.) This appeal has been filed by the Revenue under Section 35-G of the Central Excise Act, 1944 (for short the Act). According to the Revenue, a substantial question of law arises out of the order dated 18.6.2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, East Zone Bench, Calcutta (for short CESTAT) in Appeal No.EDM-472/2003. (2.) Broadly, the assessee had set up a unit for the purposes of manufacturing tea. In terms of Notification No.33/99-CE dated 8.7.1999 exemption from duty was granted to units set up in the North East after 24.12.1997 and also to existing units making an expansion of 25% or more of the installed capacity. According to the assessee, it had increased its installed capacity by more than 25% and therefore, claimed the benefit of Notification No.33/99-CE dated 8.7.1999. (3.) The entitlement of the benefit to the assessee came to be considered by the Assistant Commissioner of Central Excise, Silchar. By his order dated 29.4....
New India Assurance Co.Ltd Vs. Dri Langshiang
Court: Guwahati
Decided on: Mar-11-2011
(1.) This appeal under Section 173, Motor Vehicles Act, 1988 is directed against the judgment and award dated 30-1-2009 passed by the learned Member, Motor Accident Claims Tribunal, Shillong in M.A.C. Case No. 72 of 2006 awarding a compensation of '8,23,000/- together with interest at the rate of 9% per annum in favour of the claimant-respondent on account of the death of her husband in a vehicular accident. (2.) The facts leading to the filing of the appeal, as pleaded by the claimant-respondent, may be briefly noted at the outset. On 23-10-2006 at about 7.30 P.M., the deceased Stelin Phawa along with friend, namely, Shri Soo Suting, hitched a lift in a goods carrying truck bearing No. AS 01 X 6637 at Mookyndur Bridge and after getting down there, he was walking on the extreme left of the road, but all of a sudden, he was ran over by the back wheel of the truck and died instantaneously. The accident took place due to the negligence of the driver, who falsely, in collusion with the pol...
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