Guwahati Court March 2014 Judgments
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M/s. Hindustan Unilever Ltd Vs. Commissioner of Central Excise
Court: Guwahati
Decided on: Mar-05-2014
A.M. Sapre, C.J. Heard Mr. A Chetia, learned counsel for the appellant. Also heard Mr. R Dubey, learned Standing Counsel, Central Excise for the respondent. This is an appeal filed by the appellant (assessee) under Section 35G of the Central Excise Act, 1944 against the impugned order No.M-35/A-87/KOL/2013 dated 26.3.2013 passed by the Customs, Excise and Service Tax Appellate Tribunal (for short hereinafter called the Tribunal) in Excise Appeal No.E/198/2010. By the order impugned, the Tribunal dismissed the appeal filed by the appellant on the ground of limitation. Since the appeal was dismissed on the ground of limitation, the Tribunal did not examine the issue involved in the appeal on merits. So the short question that arises in this appeal is whether the Tribunal was justified in dismissing the appeal on the ground of limitation. It is apposite to reproduce the entire order passed by the Tribunal in verbatim infra; 26.3.2013 1. This is an application filed by the applicant seekin...
Kollol Kumar Dutta, Guwahti Vs. The Union of India, Represented by the ...
Court: Guwahati
Decided on: Mar-05-2014
1. Heard Mr. G.P. Bhowmik, the learned counsel appearing for the petitioner. The National Insurance Company Ltd. (hereinafter referred to as the Insurance Company) is represented by the learned Sr. Advocate Mr. S.N. Sarma. 2. The petitioner superannuated on 31.12.2003 as the Regional Manager, Guwahati of the Insurance Company and he challenges the order dated 23.05.2005 (Annexure-5), whereby the penalty of reduction in pension by Rs.500/- p.m. plus recovery of Rs.20,000/- against the pensioner was ordered by the disciplinary authority. The resultant appeal filed by the aggrieved pensioner was rejected by the Appellate Authority through the order dated 19.05.2006(Annexure-6). FACTUAL BACKGROUND 3.1 National Insurance Co. Ltd. booked 2 (two) numbers of Premiere Padmini Delux BU cars with M/S Dynasty Walford Ltd. for 2 (two) Development Officers of Golaghat Branch of the Company for which a sum of Rs.4,60,277.08 was paid to Dynasty Walford Ltd. on 08/10/96. But the said Dynasty Walford in...
Phunstok Dolma Vs. The State of Assam and Others
Court: Guwahati
Decided on: Mar-05-2014
AM. Sapre, CJ. 1. This is a revision filed by the petitioner under Section 81 of the Assam Value Tax Act, 2003 challenging the validity of the order dated 06.01.2014 passed by the Assam Board of Revenue, Guwahati, District Kamrup (Metro) Assam in Case No. STA 21 of 2011, dismissing the appeal filed by the petitioner in which the challenge was to the appellate order dated 31.3.2011 passed by the Deputy Commissioner of Taxes, Guwahati, Zone A, (Appeal) which in turn arose out of assessment order dated 10.05.2010 passed by the Superintendent of Taxes Unit D, Kar Bhawan, Dispur, Guwahati, District Kamrup (Metro) Assam. By impugned order, the Tribunal dismissed the appeal filed by the petitioner (dealer) and in turn affirmed the order of assessment passed by the assessing authority. So the question, which arises for consideration in this revision petition, is whether Tribunal was justified in dismissing the petitioners appeal and in turn justified in affirming the assessment order of the a...
Union of India, Represented by Secy, New Delhi and Another Vs. Musstt, ...
Court: Guwahati
Decided on: Mar-05-2014
(Oral). 1. The Judgment and award dated 21.1.2006 passed by the learned Member, MACT, Cachar, Silchar , Assam in MAC Case No.1632 of 2003 is under challenge in the instant appeal, which has been filed by Union of India. By the said impugned judgment the tribunal has awarded total compensation Rs.7,45,820/- with interest @ 6% per annum from the date of filing of the claim application by the legal heirs of the deceased. The compensation amount has been directed to be apportioned equally in between Insurance Company and the Union of India in as much as, the accident took place due to head on collision between two vehicles, one belonging to the CRPF department and the other one was a truck insured with M/S Oriental Insurance Co Limited. 2. Heard Smti R Bora, learned CGC for the appellant and Smti B Sharma, learned counsel for the respondent Nos. 1 to 7 (claimants). The insurance company has not contested the appeal. I have also gone through the impugned judgment and other documents annexed...
Badal Singh Lama Vs. The Director, National Malaria Eradication Progra ...
Court: Guwahati
Decided on: Mar-04-2014
A.M. Sapre, C.J. Heard Mr. MK Boro, learned counsel appearing for the petitioner. By filing this writ petition under Article 226 of the Constitution of India, the writ petitioner who is applicant in OA No.25/2013 seeks to challenge the order dated 22.7.2013 passed by the Tribunal in the aforementioned OA. The order impugned reads as under;- 22.07.2013 (Camp Shillong) None appears for the applicant. Mr. Kankan Das, learned Addl. CGSC for the respondents are present. On 19.05.2013, Mr. MK Boro, learned counsel for the applicant prayed for time to file condonation petition. On 10.06.2013, Mr. MK Boro was absent to due to ho his illness. On 28.06.2013, again, Mr. Boro prayed for adjournment of the matter, and, accordingly, matter was adjourned to 22.07.2013 i.e., today. Inspite of granting several adjournments and sufficient time, neither condonation petition has been filed nor learned counsel for the applicant is present today. Applicant in this case, prays for setting aside the order dat...
Pawan Kumar Agarwala Vs. The Union of India, Represented by the Secret ...
Court: Guwahati
Decided on: Mar-04-2014
(Oral) 1. Heard Mr. S. Shyam, the learned Counsel appearing for the petitioner. The Respondent Nos.2 to 7 are represented by Mr. S.S. Sharma, the learned Sr. Counsel. 2. The petitioner was a Deputy Manager in the State Bank of India (SBI) and in pursuant to a disciplinary proceeding, he was removed from service through the impugned order dated 29.04.2006 (page.198). Questioning the legality of the disciplinary proceeding and the foundation of the adverse conclusion, the present case is filed under Article 226 of the Constitution of India. 3. The misconduct alleged was in connection with the petitioners stint as the Branch Manager of the Phulbari Branch of the SBI, where he was posted from 21.07.1996 to 19.06.2001. The disciplinary proceeding was drawn up under Rule 67 and 68 of the SBI Officers Service Rules with the charge memo dated 28.10.2004 (Annexure-7), where the following 2 charges and six allegations were leveled against the Deputy Manager:- CHARGE-I While you were posted as Br...
Naser Khosroo Vs. The State of Assam and Others
Court: Guwahati
Decided on: Mar-04-2014
This case was heard on 28-02-2014 and today is fixed for delivery of order. Heard Mr. D.Das, learned Senior Counsel for the petitioner and Mr. J.I. Borbhuyan, learned Standing Counsel, Public Health Engineering (PHE) Department. Also heard Mr. P. Bora, learned Counsel appearing for respondent No.7. This is an application under Article 226 of the Constitution of India whereby the petitioner has challenged the legality and validity of the notification dated 24-12-2013 issued by the Secretary to the Government of Assam, PHE Department whereby respondent No.7 has been transferred and posted as Executive Engineer at Sivasagar (PHE) Division vice the petitioner transferred and posted as Executive Engineer at Additional Chief Engineer (PHE) Upper Assam Zone, Nagaon with immediate effect and until further order. Case of the petitioner is that he was posted as Executive Engineer in the Dhemaji PHE Division in the month of May, 2010. Thereafter, by order dated 25-01-2012, he was transferred and ...
Md. Anuwar Hussain, Assam Vs. Union of India, Represented by the Minis ...
Court: Guwahati
Decided on: Mar-04-2014
(CAV), J. 1. By way of this petition under article 226 of the Constitution of India, petitioner has challenged the legality and correctness of the order dated 25-04-2013 passed by the Foreigners Tribunal (1st), Morigaon in FT (D) Case No.1482/2007 whereby petitioner has been declared to be a foreigner having migrated to Assam after 25-03-1971. 2. Case of the petitioner as projected in the writ petition is that he is a permanent resident of village Paliguri under PS- Jagiroad in the district of Morigaon (Assam). He was born on 01-02-1976 at village Kuranibori under PS- Mayang in the district of Morigaon. His parents, both deceased, were Md. Abdul Samed and Mustt. Sahina Khatoon. His paternal grandfather was Abdul Gani @ Abdul Gani Mistry. Petitioner studied upto class VIII in the Buraburi High School and as per school register, his date of birth is 01-02-1976. Around 1990, petitioner shifted his residence from Kuranibori village to Paliguri village and has been residing there since then...
Chandan Das Vs. The State of Assam
Court: Guwahati
Decided on: Mar-04-2014
1. This appeal is directed against the judgment and order, dated 30.04.2013, passed by the learned Additional Sessions Judge No. IV, FTC, Kamrup, Guwahati, in Sessions Case No. 114(K)/2012. 2. By the impugned judgment and order aforesaid, the learned Sessions Judge convicted the appellant for the offence under Section 376(1) IPC and sentenced him to suffer RI for eight years and also to pay fine of Rs.5,000/-, in default, suffer RI for three months. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal. 3. The prosecution case, in brief, as may be required for disposal of this appeal is as follows: On 01.12.2011, at about 8 A.M., when the victim girl, who was staying in the house of the informant, had gone towards the nearby Panchayat Office for disposing garbage into a ditch, the appellant, finding her alone, grabbed her and committed rape. 4. The informant, coming to know about the incident from the victim girl, lodged an FIR ...
Jibesh Das, Tinsukia, Assam Vs. State of Assam, Represented by the Com ...
Court: Guwahati
Decided on: Mar-03-2014
(CAV), J. 1. The case was heard on 28-02-2014 and today is fixed for delivery of order. 2. Heard Mr. M. Biswas, learned Counsel for the petitioner and Mr. Nur Mohammad, learned Government Advocate, Assam. 3. Though initially the writ petition was filed challenging the legality and validity of the order dated 13-07-2009 imposing on the petitioner the penalty of stoppage of annual increment for two consecutive years without future benefit, during the course of his argument, learned Counsel for the petitioner has limited the challenge to withholding of annual increment beyond the period of two years and promotion of the petitioner to the next higher rank of Assam Battalion Inspector. 4. Case of the petitioner as highlighted in the writ petition is that he joined service as Police Constable in the year 1982. In the course of his service, he was promoted to the rank of Assam Battalion Sub-Inspector. At the relevant point of time, petitioner was posted in the 3rd Assam Police Battalion, Tita...
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