Court : Guwahati
R.B. Misra, J.1. Heard Mr. K.C. Jaiswal, learned Counsel for the petitioner and Mr. B.L. Singh, learned Senior Government Advocate, Arunachal Pradesh.2. The present writ petition has been filed with prayer to admit the petition, issue notice to the respondents and upon hearing may pass orders in favour of the petitioner or such other orders which this Court may deem fit and proper in the interest of justice.3. The brief facts narrated in the writ petition are that the petitioner was deployed as contingent worker at Yingkiong, vide order dated 6.3.2001 (Annexure-A) in the office of the District Agriculture Officer (DAO) at Upper Subansiri District, who proceeded on leave for 65 days in connection with his marriage and on his arrival on 20.1.2005 he was not allowed to join duty. For and on behalf of the petitioner Shri K.C. Jaiswal, learned advocate, submitted an application dated 24.1.2005 to the Deputy Commissioner, Upper Subansiri, to allow the petitioner to join duty. Thereupon the ...
Tag this Judgment!Court : Guwahati
I.A. Ansari, J.1. We have heard Mr. V.K. Jindal, learned senior Counsel, for the insurer appellant and Mr. S.P. Mahanta, learned Counsel, appearing on behalf of the claimants-respondents.2. By this common judgment and order, we propose to dispose of all the appeals enlisted above, for, on the request of the learned Counsel for the parties, all these appeals have been heard together as the appeals involve largely identical facts and common questions of law, the same are capable of being disposed of together and it is conceded by the learned Counsel for the parties that the decision in any of these appeals will have a bearing on the outcome of the remaining appeals.3. We, first, cull together the material facts and various stages, which have led to the present appeals:(i) On 25.10.1999 at about 7 p.m., the bus bearing registration No. ML 05-9275, owned by the respondent No. 1 herein and driven by respondent No. 2 herein, while carrying contrary to the road permit, more than the permissi...
Tag this Judgment!Court : Guwahati
I.A. Ansari, J.1. It was in an age of struggle that India's struggle for independence achieved success, for, with the end of the Second World War, countries were struggling to overcome the disastrous consequences, which the war had brought. It was an age, when the people, all over the world, were struggling for space and everyone wanted to have greater say in the governance of their respective countries. British empire had fragmented and struggle to occupy he void created by the fall of the British empire had had fragmented and struggle to occupy the void created by the fall of the British empire intestified. It was in such a period of transition from colonial rule to a rule of self-governance that the constitution of India was in prepared. What our constitution-makers witnessed and experienced had its reflection in our Constitution. The concept of entry tax is a concept routed in history. Before the industrial revolution, the society, world over was mainly agriculture based, there w...
Tag this Judgment!Court : Guwahati
Hrishikesh Roy, J.1. Heard Mr. B.C. Das, learned senior counsel appearing for the appellant/writ petitioner. Also heard Mr. P. Pathak, learned Advocate General representing the respondents Nos. 1 and 2. Mr. AK Phookan, learned senior counsel has appeared and argued on behalf of the respondent No. 3.2. The present writ appeal is directed against the judgment and order dated 8-1-2007 passed in WP (C) No. 6165/2006. The challenge in the writ petition was to the notification dated 28-11-2006 whereby the Chief Executive Member of Mara Autonomous District Council (hereinafter referred to as 'the MADC') was directed to secure a vote of confidence in a special session on 8-1 -2007. By the said order it was further directed that only the elected Members of the District Council shall be permitted to vote in the vote of confidence. The writ petitioner who is a nominated Member of the District Council has challenged the said direction dated 28-11-2006 whereby the nominated Members have been kept ...
Tag this Judgment!Court : Guwahati
B.P. Katakey, J.1. The State Legislature of Assam, on obtaining previous Presidential sanction under proviso to Article 304(b) of the Constitution, enacted the Assam Entry Tax Act, 2001 (Assam Act 4 of 2001)(in short, 'the principal Act') with a view to levy tax on entry of goods, into any local area of Assam for consumption, use or sale therein, which came into force on October 1, 2001, on publication of a notification dated September 28, 2001 in the Assam Gazette (Extraordinary) specifying the said date, in terms of the provisions contained in Section 1(3) of the said Act. Clause (b) of Section 2(1) defines 'entry of goods into a local area' as entry of goods as specified in the schedule into a local area from any place outside the State for consumption, use or sale therein. Section 2(1)(d) defines 'importer' as a person who brings specified goods into the local area from any place outside the State for consumption, use or sale including for consumption or use of such goods in works...
Tag this Judgment!Court : Guwahati
Jasti Chelameswar, C.J.1. Heard Ms. M Deb, learned Counsel appearing for he petitioner. Also heard Ms. B Goyal, learned Govt. Advocate who represents the State respondents.2. The present petition has been filed seeking direction of the Court for conducting an enquiry into the killing of the petitioner's son Prakash Deka @ Mridul who was killed in police firing on 8-8-2007 and also for directions for paying compensation to the petitioner and for taking appropriate actions against the guilty police officers.3. Pursuant to the notice issued by this Court, counter affidavit on behalf of the Deputy Commissioner, Darrang, Mangaldoi of Darrang District is filed.4. It is not in dispute that the petitioner's son died on account of police firing, while he was driving accompanied by six others and proceeding in a Maruti Van. It is not in the dispute that in the process one of the other passengers Smti Gita Kalita also sustained a bullet injury in her leg. It is also not in dispute that the vehic...
Tag this Judgment!Court : Guwahati
Reported in : AIR2010Gau11
J. Chelameswar, C.J.1. A batch of writ petitions and writ appeals are pending for quite some time in this Court. The earliest of the batch, as can be traced out so far, is WP (C) No. 2275/2004. The said batch and connected appeals, as a matter of fact, are heard in part. Broadly speaking, the complaint in those cases is that a truck carrying cargo in the State of Meghalaya is being compelled to pay substantial amounts at innumerable points in the State of Meghalaya to various persons. Broadly such persons fall under four categories - (1) persons operating weighbridges on various terms and conditions stipulated by the State of Meghalaya; (2) the local tribal chiefs known as Syiems and Sardars; (3 the authorities purportedly implementing the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and (4) the police officers of the State of Meghalaya.2. It can be mentioned here that Sylems and Sardars, the local tribal chiefs, who are parties respondents to the various writ ...
Tag this Judgment!Court : Guwahati
Reported in : [2010]153CompCas579(Gauhati)
I.A. Ansari, J.1. The appellant, a private limited company, was, originally, incorporated, under the Companies Act, 1930, and is, therefore, an 'existing company' within the meaning of the provisions of the Companies Act, 1956. The appellant-company is in the business of manufacture and sale of tea and owns a tea estate, which is run under the name and style of Radhabari Tea Estate, situated in the district of Golaghat, Assam (hereinafter referred to as the 'appellant's tea estate'). For the last few years, the appellant's tea estate ran into losses. Consequently, the appellant's tea estate has not been able to make payment of its various dues, such as, electricity dues, creditors' dues, statutory levies as well as demands from the financial institutions. The electricity supply to the said tea estate stands disconnected since the year 2007 and the appellant's-bank has also declared the appellant-company as a non-performing asset and has accordingly initiated proceedings against the app...
Tag this Judgment!Court : Guwahati
1. By this common judgment and order, I propose to dispose of all these four writ petitions in as much as all these four writ petitions are in severally(sic) connected with each other and have raised substantially same questions of law and involve certain common facts. These writ petitions are, in fact, off-shoots of two previous writ petitions, namely, WP(C) 2779/2006 and 6578/2007, which involved the parties to the present proceedings. 2. In order to correctly appreciate the background in which the present writ petitions have come to be filed and call for this Court s decision, a careful analysis of the events of the past, which had given rise to the previous writ petitions, is imperative. BACKGROUND FACTS(i)Having noticed that the Railways had been adopting different terms and conditions, while giving contracts for washing of bedroll items and no standard terms and conditions of tenders had been formulated, Railway Board, constituted under the Indian Railway Board Act, 1905, issued ...
Tag this Judgment!Court : Guwahati
Judgment and Order: I.A. Ansari, J. 1. Standing before us, as the petitioner in this writ petition, made under Article 226 and 227 of the Constitution of India, is a decorated officer of the Indian Air Force, a recipient of Visistha Sewa Medal, presently holding the rank of Air Commodore after having served the Indian Air Force since 1983 as a fighter pilot of the highest caliber with an impeccable and unblemished service record. The petitioner has come to this Court, having been unsuccessful in invoking the jurisdiction of the Armed Forces Tribunal (hereinafter referred to as the AFT), the petitioners grievance being that he is a victim of harassment, humiliation and persecution in a systematic, concerted and vindictive manner by the respondents, because the petitioner had raised his voice against mal-administration and corruption leading to low quality of construction of Airbase for operation of well known Sukhoi-SU-30 MKI Aircrafts. 2. The case of the petitioner, leading to filing o...
Tag this Judgment!