Court : Guwahati
(CAV), J. 1. This appeal is directed against the order dated 23.01.2014, passed by the learned Addl. Sessions Judge, Dimapur, in Civil Suit No. 3/2013, whereby and where-under the learned court below returned the plaint to the plaintiff to file it in the court having jurisdiction over the matter. 2. Being aggrieved and dissatisfied with such order, the plaintiff ( the appellant in this appeal who would be referred to as plaintiff) has preferred this appeal citing several infirmities in the order, under challenge. 3. The facts necessary for disposal of the present proceeding, in brief , are that M/s Vijay Industries, a Partnership Firm, engaged in the business of manufacturing of all kinds of edible oil, oil cakes, Ghee, Milk products and allied goods (hereinafter referred to as the 'said goods') as well as in selling of said goods under the trademark " SCOOTER ". Such a firm filed Title Suit No. 03/2013 in the court of Addl. District Judge, alleging of infringement of trade-mark, infri...
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N.S. Singh, J.1. This revision petition under Rule 36A of the Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills, 1937 arises from the judgment and order dated 6-2-1995 passed by the District Judge-cum-Additional Deputy Commissioner at Shillong, in Title Civil Appeal No. 2(T)/92 afirming the judgment and order dated 8-10-1991 passed by the learned Assistant to Deputy Commissioner, East Khashi Hills, Shillong in Title Suit No.27(T)/1984 decreeing the suit of the plaintiff, namely, Ka Sabina Mongrum, the respondent-opposite party herein and entitling her for a decree for eviction of the defendants including the defendant No. 7 i.e. the present petitioner herein from the suit house and out houses and also for arrear of rent, costs of the suit with certain interest thereon till the execution of the decree.2. The facts of the case in a very short compass are as follows :The plaintiff-respondent (Opposite Party No. 1 herein) instituted a suit for ejectment of ...
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I. A. Ansari, J.1. By making this application under Article 226 of the Constitution of India, the petitioner, who is father of deceased Cheniram Nath, has approached this Court seeking, inter alia, issuance of appropriate Writ or Writ(s) declaring the arrest and detention of the said deceased in the army custody as illegal and commanding the Central Bureau of Investigation (CBI) to equire into/investigate the circumstances in which the said deceased was apprehended and detained and what led to his death and also seeking the remedy of adequate compensation for the family members of the said deceased.2. In a nutshell, the case of the petitioner runes as follows : - Deceased Cheniram Nath, a registered contractor in the Public Health Department, Govt. of Assam, was an active social worker and President of Manab Adhikar Sangram Samittee (MASS) of Hatichung Anchalik, Nagaon. On 30.5.1997, while the said deceased was present at the house of his co-villager and brother-in-law to have his di...
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G. Mehrotra, J. 1. This is a miscellaneous appeal arising out of an execution proceeding. The respondent obtained a decree against the appellant and in execution of that decree he attached the tenancy right of the appellant, The appellant has a right under a lease to remain in possession of certain premises on payment of monthly rent. This right of the appellant is sought to be attached and sold in execution of the decree. An objection was raised by the judgment-debtor that this is not a property which is liable to be attached under Section 60, Civil Procedure Code. The objection was repelled by the Subordinate Judge and the present appeal has been filed against that order. 2. The main question is whether under Section 60 of the Civil Procedure Code the right of the appellant to remain in possession of the house as a tenant is liable to be attached or sold in execution of the decree or not. Section 60 of the Civil Procedure Code provides that any property which is saleable can be atta...
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H.N. Sarma, J.1. This revision petition has arisen out of the judgment and decree dated 15-9-2000 passed by the learned Civil Judge (Sr. Divn), Karimganj in Title Appeal No. 34/87 dismissing the appeal and affirming the judgment dated 17-6-1987 and decree dated 26-6-1987 passed by the learned Munsiff No. 1, Karimganj in Title Suit No. 58/85. 2. The petitioner is the tenant, the respondent is the landlord. The respondent landlord way back in the year 1985, to be more precise on 11-3-1985, filed a suit being Title Suit No. 58/85 in the court of the learned Munsiff No. 1, Karimganj. The plaintiffs' case, inter alia, was that the defendant was monthly tenant in respect of the suit premises and by a lease agreement dated 23-1-1978 (Ext-1) the suit premises was taken on rent at the rate of Rs. 50 per month. Along with the rent it was provided that the Municipal tax and electricity bill would be paid by the tenant. The tenancy started from 1st Baishak 1385 BS for a period of one year. The fu...
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N. Surjamani, J.1. Upon hearing the learned Counsel on both sides it appears to me that the petitioner, namely Meghalaya Plywoods Ltd. made a prayer in this writ petition for a direction to the respondents to refund to the writ petitioner-Company forthwith the sum of Rs. 5 lacs along with interest at the rate of 18 per cent per annum thereon so far deposited by the writ petitioner with the respondent on 12.12.86, and for a direction to the respondents to cancel, rescind and/or withdraw the impugned Show Cause Notice dt. 8.12.86 bearing No. V- 44/Adj/86 issued by the Collector, Customs and Central Excise, Shillong--the 2nd respondent herein, and for passing further or other order or orders which this Court deems it proper in the facts and circumstances of the case.2. According to the writ petitioner it is a Registered Company registered under the Companies Act, 1956 (Act I of 1956) having its registered office at Bawri Mansions, Dhankheti, Shillong, Meghalaya; and factory at Byrnihat, ...
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B.K. Sharma, J.1. This batch of writ petitions involves 61 petitioners, who have been declared as foreigners by the respective Foreigners Tribunals. They have invoked the writ jurisdiction of this Court assailing the legality and validity of such declarations. Since the issue involved is the same, which is - whether the petitioners are illegal migrants to Assam after the cutoff date i.e. 25.3.1971, all the writ petitions are being disposed of by this common judgment and order, dealing with each and every case independently.2. One interesting feature of all the cases, except three, is that the impugned judgments and orders passed by the Foreigners Tribunals are all Ex-parte. The petitioners, except in three cases, did not respond to the proceedings before the Tribunals, which the learned State counsel describes as a methodical ploy to prolong the proceedings on untenable grounds.3. Barring three, in all the cases, the common ground(s) is/are that the Ex-parte proceedings and judgments ...
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Sanjeeva Row Nayudu, C.J.1. In all these Civil Rules, the petitioners are the Maud Tea & Seed Company Ltd., Calcutta, and its director. In the petitioners' tea garden, tea bushes are grown and maintained and tea leaves are plucked from them and then carried to the factory maintained by the petitioners' estate for the purpose of being put through a manufacturing process, at the end of which the tea fit for marketing is produced. The income derived by the sale of the manufactured tea, therefore, comprises partly of the income derived from the agricultural produce and partly by the manufacturing process through which the tea leaves are put to until they reach the final shape and sold as tea in the market. The petitioners were charged to income-tax on the forty per cent. of the income and to agricultural income-tax under the Assam Agricultural Income-tax Act, 1939 (Act IX of 1939) (hereinafter referred to as 'the Assam Act'), in respect of the balance of income of sixty per cent. under R...
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Hrishikesh Roy, J.1. The issue raised in all these three cases pertains to the proposed move of the respondent Oil India Limited (OIL) to conduct' seismic survey' in the Brahmaputra River Bed Areas for exploration of Hydro Carbon reserves. The seismic survey is under challenge by the petitioners on the ground that such survey over the River Brahmaputra would endanger marine life and would have an adverse environmental impact on the River Brahmaputra and its surrounding areas.2. More specifically the petitioners in PIL No. 77/2006 avers that the respondents ought not to be permitted to conduct the 'seismic survey' as it is likely to have an adverse impact on the environment and the eco-system of the State and even for the possible generation of economic prosperity through such 'seismic survey', which might result in discovery of Hydro Carbon, considering the likely damage to the eco-system and flora and fauna, the survey is too risky a proposition to be permitted.2.1. The petitioners i...
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NAYUDU J.- These civil rules have been heard together as they involve a common question of constitutional law, namely, whether section 37(2) of the Indian Income-tax Act è(Act XI of 1922), infringes the fundamental rights guaranteed by the Constitution of India in articles 14 and 19(r)(f) and (g) thereof.Before this question is taken up for consideration, it would be useful and necessary that the facts alleged in the petitions are briefly set out.In Civil Rule 195 of 1962, the petitioner is one Senairam Doongarmall Agency (Private) Ltd., a company incorporated under the Companies Act and having its registered office at Tinsukia, in the Lakhimpur district, of the State of Assam. Shri K.E.Johnson, the Commissioner of Income-tax, Assam, Tripura and Manipur, is impleaded as the first respondent, apparently in his personal capacity. The second respondent is the Commissioner of Income-tax, Assam, Tripura and Manipur, having his office at Shillong, the headquarters of the State of Ass...
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