Court : Guwahati
Decided on : Mar-08-1999
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 pr...
Tag this Judgment!Court : Guwahati
Decided on : Aug-20-1999
..... objection and hold that the appeal has not stood transferred to the administrative tribunal under section 9(3) of the act and that division bench is competent to dispose of the letters patent appeal.' 239. accordingly, this writ application is allowed and the order dated september 23, ..... thereafter from the joint family business carried on by defendants nos. 2, 3 and 4. (h) costs of suit and costs incurred for notices, typing cost of plaints and typing' cost of copies of plaint as provided under order 20-a, rule 1, under the civil procedure code. (i) receiver. (j ..... were made subject-matter of article 323b by clause (2)(h) of the said article by the constitution (75th amendment) act, 1993. 39. the aforesaid amendments viz. ; the 32nd, 42nd and 75th amendments of the constitution clearly show that the word 'court' ..... 13, 1993. 'banks and financial institutions at present experience considerable difficulties in recovering loans and enforcement of securities charged with them. the existing procedure for recovery of debts due to banks and financial institutions has blocked ..... availability of residuary power : 1. the second gift-tax officer, mangalore v. d.h. nazareth : [1970]76itr713(sc) , wherein para. 5 the supreme court pointed out as follows (page 717) : 'if ..... amount of rs. 21.00 lakhs approx. the suit was transferred to the tribunal under section 31 of the act wherein it was registered as original application no. 150 of 1997. the suit now shall go back to the learned civil judge (senior .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-07-1999
D.N. Choudhury, J.1. The legality and validity of the order/communication dated 17-4-99, selecting the respondent No. 4. Tiken Das, for management of Charan Meen Mahal, is the subject-matter of this proceeding which arises in the following circumstances.Charan Meen Mahal in the district of Morigaon is under the control and management of the Assam Fisheries Development Corporation Ltd., hereinafter referred to as the Corporation. The fishery-in-question was settled by the Corporation for the period 1995-1999 with some oilier parly, but on the default of the lessee, the lease was cancelled and the respondent No. 4 was allowed to operate the fishery-in-question for the remaining period of the lease, i.e., for a period of three months at Ihe revenue of Rs. 43,700/- vide order bearing No. AFDC.40/94/3887 dated 12-1-99. An application seeking settlement of the fishery-in-qucstion in favour of the Baghara Kaitaguri Meen Palan Samity dated 17-3-99, was made before the Minister of Fisheries, A...
Tag this Judgment!Court : Guwahati
Decided on : Nov-30-1999
D.N. Chowdhury, J.1. By this petition the petitioner has assailed the detention order dated 8-4-99 of her husband T. Lokeshore Singh who was arrested on 9-3-99 in connection with the Cri. N.S.A. No. 1 of 1999 under Sections 3(2) and 3(3) of the National Security Act, 1980 in the following circumstances :The husband of the petitioner was arrested in connection with the aforesaid case on 9-3-99 and thereafter vide order dated 8-4-99 the detenu was detained under Section 3(3) of the National Security Act with a view to prevent him to do any act which is prejudicial to the security of the State and maintenance of public order. The ground of detention was served on the detenu on 12-4-1999 and his detention was confirmed on 11 -5-99 by the State Government. The detenu submitted his representation on 27-4-99 and according to the Petitioner, till filing of the petition, the detenu did not receive any communication about the disposal of the representation. Learned counsel Mr. H.S. Paonam submi...
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