Court : Guwahati
b.k. sharma, j.1. the basic issue raised in this writ proceeding is as to whether on permanent closing down of a place of employment or part thereof as defined under section 2(cc) of industrial disputes act, 1947, leading to termination of services of contract labourers can be said to be an industrial dispute as defined in section 2(k) of the act, so as to refer the same for adjudication as a 'reference' as contemplated under section 10 of the act.2. the facts leading to the initiation of the present writ proceeding are not in dispute. the petitioner is a government company under the companies act, 1956 and carries on business inter alia of refining and distributing petroleum products including the liquefied petroleum gas (lpg). it has refineries in various parts of india including one in guwahati which produces lpg wherein it had an lpg bottling plant up to october 30, 19993. a decision was taken to close the said lpg bottling plant with effect from october 1, 1999 and to construct a new and larger lpg bottling plant at a place called mirza at a distance of 35 km from guwahati. the plant at mirza started production from november, 2000.4. various activities in the said bottling plant were managed through the licensed contractor in accordance with the provisions of the contract labour (regulation and abolition) act, 1970. the term of contract was to expire on september 30, 1999. the respondents no. 3 to 23 were employed by the said contractor who is the respondent no. 24 in .....
Tag this Judgment!Court : Guwahati
lahiri, actg. c.j. 1. we propose to dispose of the appeals by a common judgment as they stem from a common award and involve common questions of law and facts.2. these appeals have been preferred by the deputy commissioner, kamrup, against the award made by the district judge-cum-arbitrator, gauhati, appointed under the requisitioning and acquisition of immovable property act, 1952 for short 'the act', in misc. (arb.) cases nos. 95 - 123 of 1971. 3. the relevant facts are as follows : lands owned by the respondents were requisitioned on 30-6-1963 and possession was taken over on 11-9-1963. in exercise of the power conferred under section 7 of 'the act' the collector-cum-deputy commissioner, kamrup, by his order no. rq. 1684/70 dt. 23-2-1970 acquired the land. there is no dispute that the acquired lands were in a common field situated at borjhar in mouza dakhin rani within the greater gauhati master plan area. without making any endeavour to determine the compensation by agreement with the land owners, the competent authority paid ad hoc compensation for compulsory acquisition of the land @ rs. 3000/- per bighas for basti land (homestead land) and @ rs. 2000/- -- 2500/- per bigha for arbable lands. similarly, the collector paid ad hoc compensation for jirats, trees etc. in lump sum. the collector also paid recurring compensation at the rate of rs. 70/- per bigha for the first year of requisition and @ rs. 45/-per bigha for the subsequent years of requisition, which was the .....
Tag this Judgment!Court : Guwahati
1. present appeal under sub-clause (5) of clause (1) of order 43 of the code of civil procedure, 1908, hereafter referred to as the code, has been filed by shri ram kumar, the defendant appellant for questioning the legality and propriety of the judgment and order dated 14.10.1999, passed by shri sn bezbarua, learned district judge, kamrup, gauhati in misc. (j) case no. 502/99 arising out of t.s. 1/99 which was filed by m/s jm agarwal tobacco co. plaintiff respondent no. 1 herein.2. this suit had been filed by the respondent u/s 105/106 of the trade and merchandise marks act, 1958, read with section 55 of copy right act, 1957, for the relief of permanent injunction, rendition of accounts and for permanent injunction for restraining the appellant, his agents, servants etc, from using the brand "bandar chhap tambacco" or "bandar brand tobacco" in the packing of chewing tobacco sold by them in the north eastern state with the device of "monkey sitting on the drum". main ground on which the injunction order was sought by the respondent was that he was registered firm engaged in the business of manufacture, processing and sale of chewing tobacco with the reputed trade mark of "bandar chhap tambacco or bandra brand tobacco" with the device of monkey sitting on the drum, with distinctive get up for the last 30 years. the said trade mark has been used and displayed prominently on the packing containing the chewing tobacco sold by him and it has been registered under the provisions of .....
Tag this Judgment!Court : Guwahati
amitava roy, j.1. the challenge in the instant proceedings is directed against the demolition drive of the gauhati municipal corporation (hereinafter referred to as the 'corporation') involving the 5th and 6th floors of the petitioner's building/apartment at tokobari satra, a.t. road, guwahati and the inaction of the authorities thereof, to act in terms of the directions of the standing appellate committee of the corporation (hereinafter referred to as the 'appellate committee') as contained in its judgment and order dated 05.05.2000 passed in appeal case no. gcl/16/2000.2. this court while issuing notice of motion on 28.08.2003, in the interim, restrained the corporation authorities from proceeding with the demolition exercise.3. i have heard m dutta, senior advocate, assisted by mn. srinivasan, advocate for the petitioner and m deka, learned senior standing counsel for the corporation.4. the factual matrix in short, is that the petitioner is a company with its registered office at tokobari satra, a.t. road, guwahati and on the basis of the permission granted by the corporation vide order no. gpl/28/13/99/31/902 dated 06.12.1999, started construction of its residential complex cum ownership apartments thereon. though, the petitioner had sought permission from the corporation to construct the building upto its 6th floor, the permission, only upto the 4th floor was sanctioned. being aggrieved, the petitioner preferred an appeal before the appellate committee under section 438 .....
Tag this Judgment!Court : Guwahati
amitava roy, j.1. being aggrieved by his superession in the matter of promotion to the post of superintendent and assistant registrar, in the service of the gauhati high court (hereafter referred to as the high court), the petitioner seeks to invoke the extraordinary jurisdiction of this court for redress.2.1 have heard mr. s.s. dey, advocate for the petitioner and mr. b.c. das, senior advocate and standing counsel of the high court for the official respondents. none appears for the other respondents.3. the factual prologue essential for better appreciation of the rival assertions is cullable from the pleadings. the petitioner's version is that he, a graduate in arts from the guwahati university, on being selected was appointed as lower division assistant (hereafter referred . to as the lda) in the establishment of the high court and joined the post on 28.9.1972, the very date of the appointment order. the respondent no. 4 being similarly appointed, however, joined later on 3.10.1972. respondents 5, 6 and 7 who were subsequent thereto appointed as lda were along with the petitioner and the respondent no. 4 confirmed in the said post by order dated 22.6.1977. the petitioner was thereafter promoted to the post of uda on 24.2.1982 and further rose to the rank of superintendent w.e.f. 2.5.1997. the private respondents also in due course made their way up through the ranks, according to the petitioner, by wrongly superseding him. the service profiles of the petitioner and the .....
Tag this Judgment!Court : Guwahati
a. hazarika, j.1. heard mr. c.r. goswami and mr. m. k. sharma learned counsel appearing on behalf of the petitioners, mr. p.k. musahari, sr. govt. advocate, assam assisted by mr. k.c. mahanta, addl. sr. govt. advocate, assam for respondent nos. 1 and 2 and ms. bharati devi, learned standing counsel, railway appearing on behalf of the respondent no. 3.2. the petitioner anukul nagar unnayan samiti, represented by its assistant secretary to the samiti on behalf of public of that locality, sri situ das has preferred the instant writ petition praying for a direction to the respondents not to evict the members of the anukul nagar unnayan samiti from their dwelling houses situated at anukul nagar, forest gate, narengi (near aseb complex), guwahati - 26.3. the petitioner's case is that, the members of the samiti have been residing at anukul nagar, constructing their dwelling houses and business establishments for the last 15 years. the area is adjacent to the railway line. on 8.9 2004 the railway authority with the help of local administration threatened all the 165 families of the said locality to leave their houses and informed that their house will be demolished within 48 hours.4. immediately they submitted an application before the local m.l.a. on 9.9.2004 requesting him to stay the eviction process and allow them some time to shift their properties some other place. annexure 'a' to the writ petition is the said application dated 9.9.2004, submitted before the local m.l.a, which .....
Tag this Judgment!Court : Guwahati
..... but during the trial he had deposed that a man came to him and informed him that somebody had cut the deceased. .....
Tag this Judgment!Court : Guwahati
sen, j.1. this is an application under article 226 of the constitution of india for the issue of a writ of habeas corpus after setting aside the order of detention dated 4-5-1974 passed by the district magistrate, kamrup, gauhati (annexure 'a') under section 3 (2) (a) of the maintenance of internal security act, 1971. hereinafter referred to as 'the act'.2. the impugned order of detention (annexure 'a') reads as under:whereas i am satisfied with respect to the person known as shri biswa goswami s/o late jamini kanta goswami of silpukhari, p. s. gauhati, district kamrup, that with a view to preventing him from acting in a manner prejudicial to the maintenance of services essential to the community, it is necessary to make the following orders:now. therefore, in exercise of the powers conferred on me under section 3 (2) (a) of the maintenance of internal security act, 1971, i shri b. p. singh. i. a. s., district magistrate, kamrup, gauhati do hereby direct that the said shri biswa goswami be detained with immediate effect and until further orders at gauhati jail.3. the grounds of detention which were furnished to the detenu, as required under article 22(5) of the constitution of india and section 8 (1) of the act, read as under:that, you. being a leader of the assam unit of the socialist party and vice-president of the n. f. railway mazdoor union, addressed meetings of railway employees on 16-3-1974. 20-3-1974 and 22-3-1974 at maligaon and incited the railway employees to .....
Tag this Judgment!Court : Guwahati
h.k. sema, j. 1. this petition has been preferred by two petitioners. facts leading to the filing of the present petition may be briefly recited. 2. the government of india, ministry of civil supply used to allot essential items like, wheat, rice, sugar and edible oil and fixed quota to the government of manipur, and these items are to be collected from the f.c.i. depot at gauhati/dimapur and other places by the agents/ stockists and transporters selected by the food and civil supply (fcs) department, government of manipur. the consumer items thereafter are to be distributed under the supervision of fcs department through fair price shop and other methods evolved by the state government. for the purpose of transportation of the items and stocking and selling, tenders were floated by the government by a notification dated 29.9.1992 inviting application in sealed cover from reputed firms/ dealers having licence for wholesale dealership of wheat/wheat products under the manipur trade article (control and licencing) orders, 1986, for transportation and handling of 3,000/- quintals of pds wheat per month from fci depot at dimapur/gauhati and other places for selling of wheat and wheat products under the pds.3. the tenders were floated for the period from 1.11.1992 to 31.12.1993. the aforesaid notifications stipulate the terms and conditions which were to be satisfied at the time of submission of forms. pursuant to the notification, petitioner no. 1 having fulfilled the .....
Tag this Judgment!Court : Guwahati
brijesh kumar, c.j. 1. this is an income-tax reference at the instance of the revenue in pursuance of an order passed by this court on january 29, 1996, in civil rule no. 4 (m) of 1995. the income-tax appellate tribunal, guwahati bench, guwahati, has referred the following questions : '(1) whether, on the facts and in the circumstances of the case, provision for expenses on foreign tour of the dealer amounting to rs. 3,41,043 is an allowable business expenditure and if so, whether the tribunal is correct in law in upholding the commissioner of income-tax (appeals) order deleting the disallowances made ? (2) if the answer to question no. 1 is in the affirmative whether such expenditure is in the nature of entertainment expenditure whose allowability is restricted as per provision of sub-section (2a) of section 37 of the income-tax act, 1961 ?' 2. we have heard shri g. k. joshi, appearing on behalf of the revenue, and shri a. k. maheswari, appearing for the assessee-respondent. 3. briefly the facts giving rise to the questions referred are that the assessee claimed sales promotion expenses to the tune of rs. 3,41,031 for the assessment year 1987-88. according to the assessee, the expenditure was so incurred, on account of incentive payable to different registered dealers of the assessee on the basis of the sales made by them. the incentive was to be given to the dealers by way of tours to different countries as well as by way of gifts on achieving given targets fixed by the .....
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