Court : Guwahati
J.N. Sarma, J. 1. These cases raise the question of legality, validity and constitutionality of Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter called 'the Act'), and other actions related to the Debt Recovery Tribunal at Guwahati constituted under the Act ('Tribunal' hereinafter). 2. In all 350 cases were filed before the Debt Recovery Tribunal at Guwahati and out of such proceedings 211 writ petitions were filed before this court and stay was granted in those cases. There are some cases five in number arising out of cases filed by co-operative banks for recovery of their dues. The Debt Recovery Tribunal entertained them. The borrowers/ debtors have challenged this action on the ground that the Tribunal does not have the power to decide a suit filed by a co-operative bank, as the definition of 'bank' in the relevant Act does not cover a co-operative bank. These cases are separated from this bunch and they have been heard separately and separate judgm...
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Judgment and Order, (Cav) 1. Drillmec S.p.A., a Company registered in Italy and working in the area of manufacture and supply of land rigs for the purpose of exploration and development of Oil and Gas, has filed the present petition praying for a writ in the nature of mandamus directing the Oil India Limited (in short, OIL) to settle the tender process initiated vide tender notices Nos.SDG9008P11/07 and SDG7289P13/07 in strict compliance of the mandatory provisions of law and other guidelines formulated and also restraining the respondent OIL from awarding the contract in favour of the respondent No.4, apart from a direction to award the contract in favour of the petitioner by quashing the 430th meeting of the Corporate Business Committee (in short, CBC) held on 27th December, 2012 in relation to the aforesaid tender notices, contending inter alia that though the petitioner, the respondent No.4 and the respondent No.5 were found to be technically responsive in the technical bids, there...
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D.N. Chowdhury, J. 1. The first Appeal No. 115 of 1997, preferred by the National Insurance Company Ltd. is directed against the judgment and award dated March 11, 1997 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in case No. T.S. (W/C) 29 of 1994 upon a claim petition under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') awarding compensation to the claimants under the said Act. The Claimants also made a cross-objection against the said judgment and award against the Insurance Company. Both the matters were taken up together for hearing:2. Broad facts are cited herein below :-The deceased Ajit Gope was the son of the Claimant No. 2, Smt Sushama Gope and: husband of the claimant No. 1., Smt Sabita Gope. Ajit Gope was a driver of a Truck bearing No. TRL - 3974 owned by Shri Amalendu Saha, Opposite Party No. 1 in the claim petition. On May 7, 1993 deceased Ajit Gope was sent on duty from Khowai to Guwahati along with P.W...
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Dr. T.N. Singh, J. 1. Environmental compulsions of the modern age are increasingly motivating governmental activities adding an edge to State's regulatory functions. Necessarily, matching measures have to be, and are. evolved to promote public good. Rapid strides in technological and scientific advancement with the growth of commerce and industry following in its wake carry inevitably their impress on regulatory laws. Measures conferring powers on public officials enabling them to discharge public duties under such laws pose jural problem of great variety and complexity. Balancing of conflicting individual interests apart, the dominant social and/or economic purposes underlying such measures obligate Courts in a constitutionally mandated welfare State like ours to extend their forensic insight beyond the pale of fact-situation of the lis. The interpretation of Section 31 of the Motor Vehicles Act 1939 (shortly, the Act) lies at the heart of the lis in the instant case raising an impo...
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P.G. Agarwal, J.1. Heard Mr. S.N. Sharma, learned senior advocate for the petitioner Hindustan Paper Corporation Ltd. and Mr. N. Majarbuyan, learned counsel for the respondent/employee.2. The respondent Samsul Uddin Mazumdar an ex-employee of the Hindustan Paper Corporation Ltd., (hereinafter referred as the Corporation) raised an industrial dispute whereby vide Annexure 2 dated August 12, 1999, the Central Government made the following reference under the Industrial Disputes Act:'Whether the action of the Management of the Hindustan Paper Corporation Ltd., in denying the employment to Shri Samsul Uddin Mazumdar verbally w. e.f. April 25, 1992 is justified? If not, to what relief the workman is entitled?'3. The Corporation raised a preliminary objection before the Presiding Officer, Industrial Tribunal, Guwahati in the related Reference Case No. 27(c)/99 to the effect that the Central Government is not the appropriate authority and as such the reference is bad in law and vide impugned...
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B. Sudershan Reddy, C.J.1. On 24.12.1997 the Govt. of India, Ministry of Industry, Department of Industrial Policy and Promotion announced its new Industrial Policy and other concessions to new industries in the North Eastern Region. The policy recognised the continued backwardness of the North Eastern Region and noted that a new and synergetic incentive package was widely felt to stimulate development of industries in the region. The origin of the new industrial policy is traceable to a statement made on October 27th, 1996 by the hon'ble Prime Minister of India and as well as the views and recommendations of various interdepartmental Committees constituted for the specific purpose to suggest remedial measures in order to accelerate the process of industrialisation in the backward North Eastern Region. The following are the salient features of the new Industrial Policy.A. Development of Industrial Infrastructure(i) Currently the funding pattern for the growth, centers envisages a Cent...
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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...
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B.P. Katakey, J.1. This appeal is directed against the judgment and award dated 6th May, 2002 passed by the Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in M.A.C. Case No. 632 of 1999 awarding an amount or Rs. 2 lakh inclusive of no-fault liability as compensation for the death caused to one e Abdul Ali, husband of the appellant No. 1 and father of the appellant Nos. 2 to 4. Appellants filed the present appeal for enhancement of the quantum of compensation as awarded by the learned Tribunal.2. The brief fact leading to the filing of the claim petition is that one Abdul Ali, the husband of appellant No. 1 and father appellant Nos. 2-4 was knocked down on 17th June, 1999 at about 9.00 a.m. by vehicle No. AS-01 F-3744 driven by the driver in rash and negligent manner. Said Abdul Ali succumbed to his injury in Guwahati Medical College and Hospital. According to the appellants the deceased was a poultry and vegetable trader earning about Rs. 5,000 per month and left behind the ...
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Judgment and Order: Ansari, J. 1. By this common judgment and order, we propose to dispose of these two appeals, preferred under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act), against the orders, dated 19.03.2010, passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as the learned Tribunal), Guwahati, in Income Tax Appeal (in short, ITA) Nos. ITA 52/Gau/2009 and ITA 95/Gau/2007 inasmuch as these two appeals, as would be seen, cover all the four subsidies, namely, transport subsidy, interest subsidy, power subsidy and insurance subsidy, which form the subject-matter of controversy in the present set of appeals. While disposing of the two appeals, as indicated above, the learned Tribunal took the view that the assessee-respondents are entitled to claim deduction either under Section 80IB or under Section 80IC of the Act, though the Revenue contends that the assessee-respondents are not entitled to receive, and could not have been le...
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Reported in : (2009)26VST233(Gauhati)
I.A. Ansari, J.1. Apart from the fact that all these three writ petitions, involving identical facts, have been filed by the same petitioner, these writ petitions, as would transpire, are inextricably linked with each other and have raised common questions of law for determination Hence, all these writ petitions have been heard on the request made by the learned Counsel for the parties, analogously and are being disposed of by this common judgment and order.2. The prominent questions, which this set of writ petitions has raised, are : (i) When the 'transporters' as a class, do not fall within the definition of the term 'dealer', in a given fiscal statute, whether it is constitutionally permissible to impose legal obligations on the functioning of the 'transporters' so as to ensure that the acts or omissions of transporters' do not help evasion of tax by 'dealers'? (ii) Whether contravention of such statutory obligations, imposed on the 'transporters' can be made offences? (iii) Whether...
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