Court : Guwahati
n.s. singh, j. 1. the order dated 19 may, 1998 passed by the learned member, election tribunal, imphal, manipur in election petition misc. case no. 1 of 1998 (ref: electionpetition no. 1 of 1998) is the subject matter under challenge in this writ petition. 2. supporting the case of the writ petitioner. mr. n. kotishwor singh, the learned counsel contended inter alia, that the writ petitioner, the respondent no.4 and other 4(four) persons were the contesting candidates in the election to the pradhan of seat no.7/18, kairang khomidok gram pancnayat and that the election was held smoothly on 31-1-1997; the writ petitioner was declared to have been elected by over 60 (sixty) votes more than his nearest rival candidate, namely, the respondent no.4 and accordingly, on the same day a certificate of election was issued by the respondent no. 3 in favour of the petitioner but the petitioner heard that his election has been nullified by the respondent no.3 and subsequently, a notice was issued on 8th february, 1997 by the respondent no.3, thereby cancelling the certificate issued in favour of the writ petitioner as null and void, thus notifying the respondent no.4 as the returned candidate for the said. gram panchayet: and being aggrieved by the impugned notification dated 8th february, 1997, the writ petitioner had challenged the validity of the said notification dated 8th february, 1997 before the election tribunal, manipur, coupled with a prayer for declaring the election .....
Tag this Judgment!Court : Guwahati
j.n. sharma, j. 1. in order to appreciate the scope of this matter now pending before the full court, the order dated july 28, 1994 passed by the learned judge may be quoted - 'the question for determination in these two writ petitions is as to whether a crafts inspector or instructors working in the basic training institute of the government of manipur is a workman within the meaning of rule 3(b) and the note appended thereto of the manipur service laws (1st amendment) rules, 1976 liable to retirement from service at the age of 60 years instead of 58 years. the petitioners' case is that they were workmen as has been held by a division bench of this court in judgment dated january 18, 1984 in civil rule no. 31 of 1983. the respondent's case, on the other hand, is that the petitioners being instructors are doing the work essentially that of a teacher and the supreme court in the case of a.s. sundarambal v. goa, daman and diu reported in (1989-i-llj-61) has held that a teacher does not do any skilled or unskilled manual work or supervisory work or technical work or clerical work and hence is not a workman within the meaning of section 2(s) of the industrial disputes act, 1947. mr. jagatchandra, learned additional government advocate, submits that in view of the said decision of the apex court, the judgment dated january 18, 1984 of the division bench of this court in civil rule no. 31 of 1983 is no longer good law. mr. kh. chonjohn singh and ms. ch. shantibala devi, learned .....
Tag this Judgment!Court : Guwahati
sarma, j. 1. the question of law involved in this case is that whether a single judge can entertain a writ appeal and pass an interlocutory order when a division bench is not available in the station/in an outlying bench in view of the rule 2(2) of chapter v-a of the gauhati high court rules. this rule was amended on 19-8-1992. prior to that this rule reads as follows. '2. every such application shall be made and heard before the division bench except where the chief justice otherwise directs ; provided that during the vacation such application may be made before the vacation judge: provided further that when or where no division bench is sitting or available it shall be competent for a single judge to pass any interlocutory orders in such application and direct the same to be placed before a division court for orders :provided also that all interlocutory matters including stay and condonation of delay application and substitution petitions shall be dealt with by a single judge unless otherwise ordered by a division bench.' 2. after amendment this rule 2 relevant for the case reads as follows :-- '2. an appeal from the judgment and order of a single judge disposing of an application shall lie to the division bench if preferred within thirty days of the date of such judgment and order. the division bench may condone the delay in filing any appeal, if good and sufficient cause is shown.'3. we have not quoted the proviso as it is not relevant for the decision of the question. .....
Tag this Judgment!Court : Guwahati
d. biswas, j.1. the appellants shri madan lal sharma and shri kedar nath gupta were tried for an offence under section 16 read with section 7 of the prevention of food adulteration act, 1954 (for short 'the act'). the learned chief judicial magistrate, nagaon convicted both the appellants and sentenced them to undergo r.i. for 6 (six) months and to pay a fine of rs. 2,000/- each and in default to undergo r.i. for one month more. the learned additional sessions judge, nagaon vide judgment dated 2-4-93 confirmed the judgment and order of conviction and sentence in criminal appeal no. 1 (n-l) of 1992. hence this revision has been preferred by the accused persons named above.2, dr. n.k. choudhury, food inspector, nagaon, inspected the premises of m/s. shiva hotel and restaurant situated at hojai town and in presence of p. ws. 2 and 3, office peons, purchased samples of cows milk kept in the restaurant for sale from shri madan lal sharma, the manager of the restaurant. the sample of milk purchased was divided into three parts as per provisions of the act and the prevention of food adulteration rules, 1955 (for short 'the rules'). one part of the samples was sent to the public analyst and the remaining part were sent to the local health authority in accordance with statutory requirements. the public analyst reported the said sample of cows milk as adulterated. accordingly, prosecution was launched against the vendor shri madan lal sharma and the owner shri kedar nath gupta. the .....
Tag this Judgment!Court : Guwahati
p. k. sarkar, j.1. the present four writ appeals have been directed against the common judgment and order passed by the learned single judge on 7.12.1998 in civil rule nos. 1222 of 1998 and 1226 of 1998. the controversy between the medical officers appointed in grade iv of the manipur health services on ad hoc basis in one side and the unemployed doctors who applied for direct recruitment through manipur public service commission (mpsc) leads to the filing of many writ petitions and writ appeals in which conflicting orders have been passed by the high court. in order to decide all the disputes, it has become imperative to pass a uniform order covering all the cases so that the disputes between these two groups can be settled once for all. accordingly, these four appeals which involve same question of fact and law are disposed of by this common judgment and order. it has been proposed to dispose of writ appeal no. 10/99 and other writ petitions which are now pending in imphal bench of the gauhati high court. accordingly all the cases have been listed and the learned counsel of all the parties in these appeals as well as other appeals and connected writ petitions, have been heard. however, mr. h. s. paonam who is representing the appellants of w.a. no. 10/99 and other respondents in other appeals and also for petitioners in some writ cases could not be heard because of his absence on various dates of hearing of these cases. in spite of assurance of given by mr. paonam, ld. .....
Tag this Judgment!Court : Guwahati
d. biswas, j. 1. the petitioners have approached this court for issuing necessary directions to the respondents in exercise of its powers under article 226 of the constitution calling them not to give effect to the letter dated 12-3-1981 including the alleged exchange of land and for further directions to issue pattas in favour of the writ petitioners in respect of 2 kathas 8 1/2 lechas of land pertaining to dag no. 43 of demow f.s. grant 76/32 which, according to them are in their possession from the time of their predecessors-in-interest.2. the land in dispute is a road side land situated by the side of national highway. the said land along with other lands covered by dag no. 43 of the aforesaid grant belonged to moran tea company. the aforesaid dag no. 43 along with other lands were declared ceiling surplus under the provisions of the assam fixation of ceiling on land holdings act, 1956 (for short, 'the act of 1956'). final statement in accordance with the provisions of law was prepared and assessed on the basis of the declaration made by the moran tea company limited. the petitioners/their predecessor-in-interest applied for settlement of the said plot of land measuring 2 kathas 8 1/2 lechas as it was under their continuous possession since 1962. the deputy commissioner, sibsagar called for a report from the additional deputy commissioner. the additional deputy commissioner after obtaining reports and information from the senior assistant settlement officer and assistant .....
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m. sharma, j. 1. these writ petitions under article 226 of the constitution have been filed challenging the orders dated january 25, 1994 and june 6, 1994, passed by the assistant commissioner of income-tax, circle-tds, panbazar, guwahati, under section 201(1) of the income-tax act, 1961 (annexure-xiii to the cr no. 405 of 1994 and annexure-vi to the cr no. 2786 of 1994), respectively. by the order dated january 25, 1994, respondent no. 1 asked the petitioner to deposit a sum of rs. 2,80,16,800 within three days from the date of receipt of the said notice of demand as the petitioner failed to deduct tax at source in respect of the lottery draws held during the period from november 16, 1993 to december 31, 1993. in cr no. 2786 of 1994 by the impugned order dated june 6, 1994, respondent no. 1 raised a demand of rs. 7,92,06,400 on the petitioner on account of alleged short deduction of tax at source under section 194b of the income-tax act in respect of 1494 nos. of lottery draws held during the period from february 6, 1992, to december 12, 1992. 2. as the civil rules involve common questions of law and facts i propose to dispose of these two writ petitions by a common judgment and order. 3. pursuant to the powers conferred on the states under article 298 of the constitution of india the state of assam has been carrying on the business of state organised lottery through its organising agents, after executing the agreements between the parties. lotteries are run under various .....
Tag this Judgment!Court : Guwahati
..... as prayed for by the learned counsel for the petitioner, we have checked the credentials of the members of the selection committee and find that both the selection committees were manned by persons of equal or similar status. .....
Tag this Judgment!Court : Guwahati
patnaik, j. 1. this is a public interest litigation filed by the petitioner who belongs to the manipuri community and who speaks manipuri language. the relevant facts briefly are that by a notification dated 27-11-75, the government of assam published a list of other backward classes in the state of assam who would be entitled to reservation in public services. against serial 13 of the said list published by the notification dated 27-11-75 'manipuri including manipuri brahmins and manipuri muslims' were mentioned as an other backward class. on 16-11-92, the judgment of the supreme court in indra sawhney v. union of india was delivered. b.p. jeevan reddy, j. delivering the majority judgment held in para 117 of the judgment as reported in air 1993 sc 477 that there ought to be a permanent body, in the nature of a commission or tribunal, to which complaints of wrong inclusion or non-inclusion of groups, classes and sections in the lists of other backward classes could be made and which would tender its advice/opinion to the government, and accordingly directed that such body be constituted both at central level and at the level of the states within four months. pursuant to the said directions, at the central level the national commission for backward classes act, 1993 was made by the parliament under which the central government was to constitute a body to be known as national commission for backward classes to examine the requests for inclusion of any class of citizens as a .....
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patnaik, j. 1. in this application under article 226 of the constitution of india, the petitioners have prayed for declaring the tripura tea companies (taking over of certain tea units) ordinance 1986 and the tripura tea companies (taking over of management of certain tea units) act, 1987, as ultra vires the constitution and for quashing the notification and orders issued thereunder as well as the certificate proceedings leading to the sale of the tea estates belonging to the petitioners in course qf the said certificate proceedings and for a direction on the respondents to pay proper compensation with interest at 18% per annum for the damages suffered by the petitioners on account of the take over of the lea estates of the petitioners.2. the relevant facts briefly are that the petitioner no. 1 is a limited company registered under the indian companies act, 1913 and was the owner of the tufanialonga tea easte located at tebaria. the petitioner no. 2 is also a limited company registered under the indian companies act, 1913 and was the owner of the laxmilonga tea estate located at tebaria, tripura west. the petitioner no. 3 is a director of the petitioner nos. 1 and 2 companies. the petitioner's have been carrying on the business of producing and manufacturing of tea in the said tea estates since 1918-19. on 13-11-86, the tripura tea companies (taking over of management of certain tea units) ordinance, 1986, was promulgated by the governor of tripura. by the said ordinance, .....
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