Court : Guwahati
ranjan gogoi, j.1. the challenge in the present writ petition is against an order dt. 28th sept., 2001, passed by the cit, guwahati, transferring the file of the petitioner to the dy. cit, circle-3(1), cuttack (orissa), i.e., respondent no. 3.2. the relevant facts may be briefly noticed at the outset.the petitioner is an income-tax assessee under the jurisdiction of the ito, ward-1, nagaon. the petitioner claims to have submitted her up-to-date returns. according to the petitioner, on 28th oct., 1998, a search and seizure operation was carried out in the house and premises of one dr. radha charan mohanty and dr. sujta mohanty, who are the parents of the petitioner. the said operation was also carried out in respect of one dr. madhumita mohanty, dr. jagat ballav jagdev, who is the sister and brother-in-law, respectively, of the petitioner as well as one m/s women's clinic and nursing home at cuttack, a partnership firm of the aforesaid relatives of the petitioner. according to the petitioner, it is evident from the assessment orders for the block period in respect of the aforesaid assessees, as enclosed to the writ petition, the said block assessments were completed under the provisions of the act in the months of october-november, 2000.3. the petitioner asserts that she received a notice dt. 28th sept., 1999 issued by the dy. cit, investigation circle, cuttack, requiring the petitioner to file her return for the block period. on receipt of the letter, the petitioner by .....
Tag this Judgment!Court : Guwahati
saikia, j. 1. this land acquisition first appeal is from the reference court judgment in misc. case no. 27 of 1966 arising out of l. a. case no. 24 of 1959. 2. the appellants' inherited land measuring 75b 3k 15l under dag nos. 208, 210, 212, 213 and 214 covered by k. p. patta no. 54 of noonmati village. panbari mouza, gauhati was acquired for construction of the railway marshalling yard (project no. iib) in l. a. case no, 24 of 1959 wherein the notification under section 4(1) of the land acquisition act, hereinafter referred to as 'the act', bearing no. rla.4/60/59, was issued on 8-10-1961 and the declaration under section 6 of the act, bearing no. rla. 4/60/60, was issued on 8-10-1961. the possession of the land was taken on 4-2-1960 even prior to the notification. the collector classified thereout 14b. 2k. ol. as homestead and 1b. 1k. 15l. as cultivable land. there were four standing houses and huts and a large number of standing trees, as shown in ext. 1, and 9 tanks, some with fish, and a barbed wire fencing around. 3. the collector in his award dated 5-5-64 gave @ rs. 12,000/- per bigha of homestead land and @ rs. 10,000/- per bigha of cultivable land, the total for land being rs. 1,86,300/-. he also awarded for the trees land crops rupees 11.652.87 p. and rs. 5,540.30 p. for the houses and huts rs. 5,994.00 and rupees 2.520.37. and solatium @ 150% amounting rs. 31,423.08 p; the total compensation allowed thus being rs. 2,43.430.62 p. 4. the reference made under section .....
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s.n. phukan, j. 1. an application under section 13 of the hindu marriage act, for short the act, was filed by the husband khanindra chandra das against his wife smt. kusum das before the learned district judge, kamrup at guwahati. by the impugned judgment and other the petition was dismissed and hence this appeal. 2. both the parties are hindu by religion and were married on 24-2-1974 according to hindu rites and they lived together till 2-3-1983. out of their lawful wedlock one daughter and one son were born on 29-10-76 and 17-11-80 respectively. according to petitioner both of them were maintaining good relationship including with other members of the family. the wife was attending knitting classes in the afternoon and on 2-3-1983 she went to attend the said school, but did not return home. the husband made attempts to locate his wife. she was not found at the residence of her father which is situated within guwahati city. all of them got worried and both the fathers of the husband and the wife lodged a missing report before the officer-in-charge of chandmari police station on 9-3-83. during this period of absence of the wife the son was taken seriously ill and he was admitted to the gauhati medical college hospital and subsequently taken to delhi for better treatment. petitioner alleged that after about 9/10 months from 2-3-1983 he came to know that his wife was residing at the house of her parents. he made attempts to bring her home through friend and well wishers, but .....
Tag this Judgment!Court : Guwahati
d.n. chowdhury, j.1. the issue for adjudication in this proceeding relates to constitution of governing/special body of a government aided college, which arises out of the following circumstances.2. by a notification dated 20-1-1999, issued under the signature of the joint secy, to the govt. of assam, education (h) department bearing no. b(2)h, 380/96/12, in exercise of the powers conferred under rules 2 and 3 of the assam aided college management rules, 1976, hereinafter referred to as the rules 1976, the governor of assam was pleased to constitute a special body for dibru college, district dibrugarh, with the following members :'1. dr. nagen saikia, president, assam sahltya sabha, professor, deptt.of assamese, d. u. .. president member2. sri bn jamuar, retd. principal, advocate .. member3. sri badan saikia, social worker, naliapul, dibru -garh. .. --do--4. mrs hasna baruah, retd. principal, dibrugarh govt. girls ii. s. school --do--5. sri s. i. ekka, advocate, dibrugarh --do--6. sri tankeswar borah, president, dibrugarh sa-hitya sabha --do7. principal of the college member secy.'by the said notification dated 20-1-1999, the governor of assam was further pleased to dissolve the existing governing body/ special body of the college constituted vide letter no. b(2)h.615/95/pt-l/25 dated 6-11-1997. on constitution of the special body of dibru college, the principal-in-charge and secretary of the body, convened a meeting of the special body on 9th of feb. 1999 vide his notice .....
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k.n. saikia, j. 1. this civil revision is from the appellate judgment and decree of the assistant district judge, karimganj, cachar, dismissing the appeal the defendant-petitioner tenant smt. provati devi was sued by the plaintiff-respondent no. 1 for arrears of rent for the suit holding @ rs. 70 per month and compensation, for the period from 16-8-76 to 31-7-77 totalling rs. 1,000. the pro formadefendant-respondent no. 2 shri nipu ranjan sana was the minor landlord. the plaintiff claimed to have purchased the suit holding by a registered sale deed dated 16-8-76 and to have acquired the right, title and interest thereon from the pro forma defendant and hence claimed arrear rent from the defendant-petitioner, or, if she has already paid to the pro forma defendant, from him. the defendant-petitioner resisted the suit on two grounds. first, the sale by the pro forma defendant to the plaintiff was collusive as the former having been a minor his father purna chandra saha earlier agreed to sell the suit holding to the defendant-petitioner for rs. 12,000 and to execute the sale deed, and pursuant to that agreement the defendant-petitioner incurred costs of electrical installations on the suit holding amounting to rs. 570.65 p. and she offered to pay the balance of rs. 11,429.35 p. on 1-8-77 and as such she was entitled to specific performance of that contract. secondly, the defendant-petitioner having denied the title of the plaintiff the rent suit simpliciter without a prayer for .....
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b. lamare, j.1. heard mr. k. agarwal and mr. m.b. baruah, learned counsel for the appellant and mr. d.k. das, learned standing counsel for cbi.2. the case of the prosecution in brief is that, accused no. 1 n.k. dutta bhowmik while functioning as branch manager, union bank of india (ubi), jorhat branch during 1982-83 entered into criminal conspiracy with accused no. 2, subhas chandra sharma, nawal kishore jain (since deceased) and accused no. 3, raj singh jain. accused n.k. jain and raj singh jain were partners of m/s. nawal enterprises (ne) and m/s. karbi anglong tea & industries (kati). accused no. 2, subhas ch. sharma was the manager of south eastern road carriers (serc) dibrugarh. m/s. ne enjoyed the facilities of documentary bill purchase upto the limit of rs. 4.50 lacs sanctioned by zonal office of ubi. m/s. kati do not have such facility of advance through documentary bill purchase. according to bank rules, documentary bill purchase provided for purchase of consignee copy of motor lorry receipts (mlr) of the transport company approved by the indian bank association covering despatch of goods. mlr are to be issued in coarse of the business transactions.3. the accused no. 1 n.k. dutta, during the period of 19.11.1982 to 15.12.1982 purchased 25 numbers of bills of m/s. ne cost at rs. 95,472 for each bill. he also purchased bills of m/s. kati of rs. 47,756. all the bills relates to mlr showing despatch of materials by late n.k. jain and accused r. s. jain on behalf of m/s. .....
Tag this Judgment!Court : Guwahati
lahiri, j. 1. we propose to dispose of the appeals by a common judgment as they arise out of a common award made by the arbitrator under the requisitioning & acquisition of immovable property act, 1952 (for short 'the act') and involve common questions of fact and law. the arbitrator awarded compensation for acquisition of land @ rs. 10,000/- per bigha fixed the annual recurring compensation for the requisitioned period at rs. 200/- per bigha and also awarded interest @ 6% per annum from the date of taking over possession of the land till the final payment. 2. by notification dated 22-7-67 lands belonging to the respondents were requisitioned and possession was taken over on 4-5-1968. thereafter the competent authority acquired the lands on 24-6-1971 under the provisions of 'the act'. the deputy commissioner awarded recurring annual compensation for the land at rates ranging from rs. 45/-to rs. 60/- per bigha, according to the classifications of the lands and awarded acquisition compensation @ rs. 4,000/- per bigha for paddy land, @ rs. 5,300/-per bigha for 'bustee land on the basis of the award of the arbitrator in another land acquisition case no. 228 of 1962, without making any endeavour to make any agreement, as required under 'the act.' the claimants being dissatisfied made representations and the arbitrator was appointed to determine compensation. on the basis of the claims and counter-claims of the parties, the arbitrator framed the following issues :-- (1) whether .....
Tag this Judgment!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-cum-counter-claim on 5-7-2004 denying the allegations made in the plaint. against the counter-claim of the defendants, the plaintiff also filed his written statement. upon passing through the pre trial stages the suit was set down for hearing and the plaintiff adduced evidences and witnesses by way of affidavit in the year 2004 itself. the suit was, thereafter, fixed for cross-examination of the plaintiffs witnesses. at that stage, the defendant no. 1, the constituted attorney of 2 other .....
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01. in assailment is the order dated 13. 03. 2006 of the registrar (admn. ), gauhati high court, guwahati conveying the decision of dismissal of the writ petitioner from service as a disciplinary measure, as well as of the rejection of his departmental appeal preferred against the same. 01. we have heard mr. a. k. bhattacharjee, senior advocate for the petitioner and mr. c. k. sarma baruah, senior advocate appearing for the respondents. 02. briefly stated, the petitioner's pleaded version is that after having joining the services of this court in the year 1972 as a typist, he was promoted to the rank of lower division assistant in the year 1988 and was at the relevant time posted in the copying section as the in-charge thereof. a departmental proceeding was initiated against him in the year 2000 under the gauhati high court services (appointment, condition of services and conduct) rules, 1967(hereinafter for short referred to as the rules) leveling the following charge-"that while working as lower division assistant in copying section you, made photocopy of judgment in civil rule no. 4314/97 on 7. 1. 99 and after comparing the same you put up to supdt. of the copying section for his signature putting your initial below the seal as a token of correctness of the content. the judgment of the said case was neither received from the civil rule (disposal) section through movement register as per procedure of the high court nor requisite fees was realized in respect of the said .....
Tag this Judgment!Court : Guwahati
(cav). 1. what procedure to be adopted by the learned sessions courts for conducting trial of cases registered on the basis of complaints lodged by the customs and revenue departments under ndps act i.e., cases instituted otherwise than on police report . 2. the aforesaid legal issue cropped-up while hearing the instant bail application, filed under section 439 of the criminal procedure code, 1973 by one of the accused seeking regular bail in connection with sessions (special) case no. 208(k) of 2004, pending before the learned sessions judge, kamrup (m), guwahati, arising out of dri case no. 1 of 2004 under section 20 (b) (ii) (c) of the narcotic drugs and psychotropic substance act, 1985 (in short ndps act). during the course of hearing the learned counsel for the accused pointed out that the accused is in judicial custody since last more than 5(five) years. when it came to light of the court that the case is pending for disposal since last one decade the court became inquisitive to ascertain as to what is the root cause for long period taken in the trial of ndps cases. hence, the aforesaid legal question was framed to decide and direct the trial courts to adopt such procedure which would provide speedy trial of the cases and promote the cause of justice. 3. heard smti sk nargis, learned counsel for the accused. also heard shri d. chakraborty, learned standing counsel for the dri. keeping in mind the wide ramification of this judgment the state of assam was also impleaded .....
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