Guwahati Court June 2014 Judgments
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M/s. ABCI Infrastructure Pvt. Ltd. Vs. The State of Assam and Others
Court: Guwahati
Decided on: Jun-18-2014
Sapre, CJ. Heard Mr RK Joshi, learned counsel for the petitioners. Also heard Mr DC Chakraborty and Mr R Dubey, learned counsel for the respondents. The decision rendered in this petition shall also govern disposal of WP(C) 4819/2006 and WP(C) 5087/2006 because in all these petitions a common question of law is involved. By filing this writ petition under Article 226/227 of the Constitution of India, the petitioner has challenged the constitutional validity of Assam General Sales Tax Act, 2001. It is brought to our notice that this Act was declared ultra vires by this Court in a case reported in 2008 (15) VST Page 70 (State of Assam and Ors. vs- Chota Bhai Jetha Bhai Patel Tobacco Products Company Ltd. ) decided on 30.8.2007. It is also brought to our notice that against the said decision, the State has gone to Supreme Court in SLP being SLP Nos. 24934-25066 of 2007 which are pending for final disposal in Supreme Court. It may also be pertinent to mention that subsequent to the decisio...
M/s. Tinsukia Tea Trading Company and Others Vs. The Uco Bank and Othe ...
Court: Guwahati
Decided on: Jun-18-2014
A.M. Sapre, CJ. Heard Ms. B. Sarma, learned counsel for the petitioners and Mr. P. C. Goswami, learned counsel appearing for the respondent-Bank. By filing this writ petition under Article 226/227 of the Constitution of India, the petitioners (3 in number), by name, 1) M/S Tinsukia Tea Trading Company, 2) M/S Goipani Tea Company and 3) M/S Goipani Tea Garden, seeks to challenge the notice dated 16.04.2005 issued by the respondent-Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Annexure-13) and also seeks to challenge attachment notice dated 03.02.2006 (Annexure-14) for sale of the following four properties : (1). Dag No.4958(Part) and Patta No.1114 Town sheet No.12 measuring 2K 8.61L (7000 sq. ft.) in the name of Bipin Chetia. (2). Dag No.145/146 Patta No.88 Tinsukia Mouza in the name of Binit Chetia, measuring 7B 1K 18L. (3). Dag No.4958 (Part) and Patta No.1114 Town sheet No.12 measuring 1K 16.8L (...
M/s. Bogidhola Tea and Trading Co. Pvt. Ltd. and Others Vs. The Union ...
Court: Guwahati
Decided on: Jun-18-2014
(CAV) (A.M. Sapre, CJ). The decision rendered in this writ petition shall also govern the disposal of other two writ petitions being WP(C) No.3139/2006 and WP(C) No.142/2005 because all the three writ petitions involve common questions of law and fact and arise out of one controversy. By filing this writ petition under Article 226/227 of the Constitution of India, the writ petitioners seek to challenge the attachment order dated 7.3.2006 (Annexure- 4) and detention order dated 17.5.2006 (Annexure - 6) issued by Deputy Commissioner of Central Excise, Nagaon ( Respondent No.3 ) under the provisions of Central Excise Act read with Customs Act. Facts of the case lie in a narrow compass. They however need mention in brief. The writ petitioner is a Private Limited Company registered under the provisions of Companies Act. It was engaged at all relevant time in the business of manufacture and sale of tea. The petitioners own their tea garden/factory which is located at Letekujan, District Gola...
Sarif Ud Daula Vs. State of Assam and Others
Court: Guwahati
Decided on: Jun-17-2014
A.M. Sapre, C.J. Heard Ms. K.L.R. Yanthan, learned counsel for the appellant. Also heard Mr. D. Saikia, learned Additional Advocate General, Assam assisted by Mr. A. Deka, learned Standing Counsel, Education Department and Mr. A.M. Buzarbaruah, learned counsel for Respondent No.7. This is an intra-court appeal filed by the writ petitioner of WP(C) No.2005/2013 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 03/02/2014 passed by the Single Judge in abovementioned writ petition. By the impugned order, the learned Single Judge dismissed the appellants writ petition on the ground that the remedy of the writ petitioner lies in taking recourse to filing a civil suit rather than to pursue the writ petition under Article 226/227 of the Constitution of India because it involves disputed questions of fact. The learned Single Judge, therefore, declined to entertain the writ petition on merits and dismissed it on this ground alone. The short question, therefo...
Swalk, Dhubri (Ngo) and Another Vs. The State of Assam and Others
Court: Guwahati
Decided on: Jun-13-2014
A.M. Sapre, CJ. Heard Mr. G.P.Bhowmik, learned counsel for the petitioners and Mrs. B Goyal, learned Govt. Advocate, Assam for respondents. Having heard the learned counsel for the petitioners in support of this PIL filed by them under Article 226/227 of the Constitution of India and on perusal of the record of the case, we grant liberty to the petitioners which otherwise they have and allow them to approach the concerned authorities of the State by submitting a representation for raising their apprehended grievance for which they have filed this PIL. It is for the authorities to see whether alleged apprehended grievance sought to be raised by the petitioners has any substance or not and whether it has any merit. It is with these observations and liberty, we allow the petitioners to withdraw the petition. The writ petition thus fails and is accordingly dismissed as withdrawn with aforementioned liberty....
Pabhojan Tea Estate Vs. The Union of India, Represented by the Secreta ...
Court: Guwahati
Decided on: Jun-13-2014
A.M. Sapre, CJ. 1. By filing this writ petition under Article 226/227 of the Constitution of India, the assessee seeks to challenge the demand dt 27.4.2005 (Annexure 4) for Rs. 6,96,000, raised on it by Superintendent of Central Excise, Golaghat (respondent no 5 ) towards payment of interest on account of delayed payment made by the writ petitioner of (1) additional duty of excise payable under the Finance Act 2003, (2) cess payable under the Tea Act and (3) Education cess payable under the Finance Act on the Tea produced and sold by them during the period (April 2003 to December 2005.) The fact of the case lies in a narrow compass .Indeed, issue involved in the writ petition is purely legal. However, in order to appreciate the issue, it is necessary to set out facts with relevant legal provisions. The petitioner is a proprietorial concern. It is engaged in the business of manufacture and sale of Tea. It has a factory located at Barapathar in District Golaghat. The Tea is an excisable...
Md. Anowar Ali, Nagaon (Assam) and Others Vs. The State of Assam, Repr ...
Court: Guwahati
Decided on: Jun-13-2014
A.K. Goswami, J. 1. Heard Mr. A.K.Purkayastha, learned counsel for the petitioner. Also heard Mr.A.C.Buragohain, learned Additional Advocate General, Assam, appearing for the respondents No.1 and 3 as well as Mr. M. Bhagawati, learned Central Government Counsel, appearing for the respondent No.2. 2. The writ petition has been placed before the Full Bench consequent upon an order passed by the Honble the Chief Justice following an order dated 5.3.2013 passed by a learned Single Judge of this court. The question which requires answer by the Full Bench is:- Whether the orders passed by the IMDT ceased to exist after declaration of Illegal Migrants (Determination by Tribunals) Act, 1983 as unconstitutional by the Apex Court in Sarbananda Sonowal vs Union of India, reported in AIR 2005 SC 2920? In other words, whether such proceedings, which had already been decided by the IMDT prior to such declaration, have to be decided by the Foreigners Tribunal afresh? 3. At the outset, it will be rele...
Pallabi Das Vs. The State of Assam and Others
Court: Guwahati
Decided on: Jun-06-2014
A.M. Sapre, CJ. 1. This is an intra-court appeal filed by the writ petitioner of WP(C) No.5041/2012 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 08.04.2014 passed by the Single Judge in abovementioned writ petition. By impugned order, the learned Single Judge dismissed the appellants writ petition and declined to grant the relief to the writ petitioner which she had claimed in the writ petition. So the short question which arises for consideration in this writ petition is whether learned Single Judge was justified in dismissing the appellants writ petition. Facts of the case are simple and short. The dispute between the two private parties - both ladies -appellant (writ petitioner) and another lady respondent No. 7 is in relation to their selection and appointment to the post of Anganwadi Worker/Helper for the area called Khartolabori Nabajyot Sangha Anganwadi Centre No. 309 for which an advertisement was issued by respondent No. 4 and pursua...
Jagadish Deka and Others Vs. The State of Assam and Others
Court: Guwahati
Decided on: Jun-06-2014
A.M. Sapre, CJ. In order to appreciate the controversy involved in aforementioned pending appeals and the background, which led to making of the present reference to the Full Bench in aforesaid pending appeals, it is necessary to state the relevant facts. The State of Assam (Education Department) in the year 1988 and 1991, issued two advertisements inviting applications from eligible candidates for the posts of Assistant Teacher, Language Teacher and some other posts in the intermediate cadre in different provincialzed Higher Secondary Schools in several districts of Assam. Candidates in thousands, if not more, applied for these posts (around 300 or more). In the selection process undertaken by committee, several persons were appointed whereas many were not selected. Those appointed then joined the respective posts at different districts. However, after sometime, the State terminated the services of some appointees on the ground that since their appointment was made against the rules a...
Jagadish Deka and Others Vs. The State of Assam, represented by the Co ...
Court: Guwahati
Decided on: Jun-06-2014
A.M. Sapre, CJ. In order to appreciate the controversy involved in aforementioned pending appeals and the background, which led to making of the present reference to the Full Bench in aforesaid pending appeals, it is necessary to state the relevant facts. The State of Assam (Education Department) in the year 1988 and 1991, issued two advertisements inviting applications from eligible candidates for the posts of Assistant Teacher , Language Teacher and some other posts in the intermediate cadre in different provincialzed Higher Secondary Schools in several districts of Assam. Candidates in thousands, if not more, applied for these posts (around 300 or more). In the selection process undertaken by committee, several persons were appointed whereas many were not selected. Those appointed then joined the respective posts at different districts. However, after sometime, the State terminated the services of some appointees on the ground that since their appointment was made against the rules ...
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