Court : Guwahati
Decided on : Jan-20-2005
I.A. Ansari, J.1. It is not uncommon for the Courts to be invited to decide the contours of its own powers under a given provisions of law - constitutional or statutory. The present set of Writ Petitions as well as Civil Revision Petitions too call for determination of the scope of the powers of judicial review under Article 226 and power of superintendence under Article 227 of the Constitution of India, on the one hand, and the ambit of the revisional jurisdiction under Section 115 of the Code of Civil Procedure, on the other.2. Whether an insurer, under any circumstance, can impugn an award rendered by a Motor Accident Claims Tribunal in an application under Articles 226 and/or 227 of the Constitution of India and whether this constitutional remedy is completely barred so far as an insurer is concerned are the principal questions, which the present set of writ petitions have raised? What has also been raised is the question as to whether an insurer can invoke revisional jurisdiction...
Tag this Judgment!Court : Guwahati
Decided on : Mar-11-2005
Amitava Roy J.1. This batch of petitions register a challenge to the notices issued under Section 148 of the Income-tax Act, 1961 (hereafter referred to as 'the Act'), purportedly initiating a proceeding/action under Section 147 thereof on the ground that the income of the assessees/writ petitioners as computed therein had escaped assessment for the different assessment years mentioned therein. The notices though are differently dated and relatable to varying assessment years, a substantial homogeneity in the contextual background being evident and common questions of law having been raised, the petitions deserve to be disposed of by this common judgment and order.2. I have heard Mr. R.P. Agarwalla, senior advocate assisted by Mr. R.L. Jain, advocate, for the petitioners in W. P. (C) No. 1163 of 2003, W. P. (C) No. 1258 of 2003, W. P. (C) No. 1259 of 2003, W. P. (C) No. 1260 of 2003 and W. P. (C) No. 6630 of 2003 and Mr. G.K. Joshi, senior advocate assisted by Mr. R.K. Joshi and Ms. U...
Tag this Judgment!Court : Guwahati
Decided on : Jul-01-2005
A.B. Pal, J.1. The petitioner was a Medical Officer in Grade-Ill of the Tripura Health Services (for short THS') w.e.f. 14.12.1977 and was placed in-charge of the Department of Gynaecology in the Indira Gandhi Memorial Hospital (for short IGM Hospital), Agartala w.e.f. 12.8.1987. On 21.11.1990 he was promoted to Grade-II of the said service and posted as Head of the Department of Gynaecology of the said Hospital. He was, however, not happy with the working condition in the said hospital and awkward situation had often developed due to nonavailability of certain incentives for proper treatment of patients for which he had to face irate patient parties. The situation gradually turned worse compelling him to proceed on leave from time to time and from 1989, he had to take long leave, spell by spell. On 14.11.1990 he resumed duties after expiry of leave. Again he went on leave on several occasions and finally on 15.5.1991 he submitted a conditional resignation expecting that the State res...
Tag this Judgment!Court : Guwahati
Decided on : Aug-05-2005
B.P. Katakey, J.1. This writ petition is directed against the order dated 24.6.2005 issued by the Director, Health Services, Assam approving the rates quoted by the respondents No. 5 for supply of dietary articles to Mangaldai Civil Hospital during the year 2005-06, i.e., from 1.7.2005 to 30.6.2005, in groups I to VI and consequently issuing work orders for supply of the said articles.2. The facts in brief is that a notice inviting tender was issued by the Joint Director, Health Services, Darrang, Mangaldai on 28.3.2005 inviting tender for supply of dietary articles to the Superintendent, Mangaldai Civil Hospital, Mangaldai for the period commencing from 1.4.2005 to 31.3.2006 in VI groups, namely, group I, II, III, IV, V, and VI fixing 22.3.2005 is the last date for submission of tender, stipulating that the rate will be accepted groupwise and sample will be required for item No. 1 to 9 of the items of Group -1 and reserving right by the authority to accept any tender or not to accept...
Tag this Judgment!Court : Guwahati
Decided on : Dec-20-2005
D. Biswas, J.1. The Government of Nagaland signed a Memorandum of Understanding dated 25th January, 2005 with Emmanuel Hospital Association, New Delhi for the purpose of revitalizing and upgrading the Referral Hospital at Dimapur on terms and conditions incorporated therein which, inter alia, provide that the conduct and the business and affairs would be looked after by a Society to be registered as Christ Institute of Health Sciences and Research. The salient features provide for registration of the Society under the Societies Registration Act which will have a General Body and a Board of Directors to manage the affairs of the Society as per Articles of Association and By-laws. The cost of the project estimated at Rs. 4,012.92 lakh would be provided by the Government of Nagaland along with the land and buildings of the Referral Hospital to the Emmanuel Hospital Association. The Government of India in the Ministry of DONER also agreed to assist the project by providing fund to the ext...
Tag this Judgment!Court : Guwahati
Decided on : Feb-02-2005
R.B. Misra, J.The petitioners have prayed for directing the respondents for granting registration, as transporter, carrier and transporting agent as required under Section 38-B of the Tripura Sales Tax Act, 1976 (for short called, 'the Act') read with Rule 64-A of the Tripura Sales Tax Rules, 1976 (for short called, 'the Rules') without any security deposit.1. The brief facts necessary for adjudication of the writ petition are that the petitioners a partnership firm having five partners, are seeking registration under Rule 65 of Rules for running business as transporter, carrier and trading agent of taxable goods, had submitted an application dated October 7, 2002 to the Superintendent of Taxes, followed by other applications dated December 8, 2003, February 28, 2004, May 9, 2004 and July 9, 2004 to the Commissioner of Taxes, State Government of Tripura, stating that the firm shall abide by the rules and regulations and direction of tax authorities showing willingness to deposit Rs. 2...
Tag this Judgment!Court : Guwahati
Decided on : May-18-2005
D. Biswas, J.1. Both the petitioner Shri Padmanath Sarmah, hereinafter referred to as the 'election petitioner', and Shri Hitendra Nath Goswami (respondent No. 1), hereinafter referred to as the 'returned candidate', along with others took part in the general election offering their candidatures for election to the Assam Legislative Assembly from Jorhat Legislative Assembly Constituency No. 98.2. The election petitioner was set up by the Indian National Congress while the returned candidate by the Asom Gana Parishad for election to No. 98 Jorhat Legislative Assembly Constituency. On 13.5.2001, the Returning Officer declared the respondent No. 1 elected from the said constituency having secured highest number of votes. The petitioner has challenged the election of the returned candidate on the ground of corrupt practices committed by him, his agents and other persons with his consent. The returned candidate, it is alleged, was a cabinet minister in the AGP Government during the period ...
Tag this Judgment!Court : Guwahati
Decided on : Jun-20-2005
I.A. Ansari, J.1. This Letters Patent Appeal has a fairly long history. The plaintiffs-appellants instituted the suit for specific performance of the agreement for sale of the suit property. The trial Court decreed the suit. The defendants preferred the first appeal before the Judicial Commissioner, Tripura, which was, subsequently, transferred to this High Court. The learned single Judge of the High Court, on 5-7-1974, allowed the appeal of the defendant and set aside the impugned decree. The plaintiffs, on 3-8-1974, filed a Letters Patent Appeal in the High Court, but when the appeal came up for hearing, the same was dismissed on the ground that it was not maintainable in view of Section 100-A of the Civil Procedure Code (in short 'the Code'), which had come into force as a result of the amendment: of the Code, with effect from 1-2-1977. The plaintiff appellants, then, carried the matter to the Hon'ble Supreme Court and by judgment and order, dated 13-3-2001, passed in Civil Appeal ...
Tag this Judgment!Court : Guwahati
Decided on : Jun-22-2005
Amitava Roy, J.1. This batch of writ petitions raise a common question pertaining to the true purport of Section 10(26) of the Income-tax Act, 1961 (hereinafter referred to as the 'Act'). Contending that the benefit of exemption thereunder being extendable to the petitioners, consequential reliefs by way of annulment of the impugned orders and the related assessment proceedings have been prayed for.2. By separate orders passed at the time of issuance of the rule, this court had granted interim protection staying the realisation of the tax assessed denying the exemption.3. I have heard Mr. S.P. Sharma, learned Counsel for the petitioners, Mr. U. Bhuyan, learned Counsel for the Department and Mr. V.K. Jindal, senior advocate for the North Eastern Electrical Power Corporation Ltd. (hereinafter referred to as the 'NEEPCO').4. A brief narration of the individual facts is advisable.5. The petitioner in W.P. (C) No. 200 (SH)/2001 is a registered association comprised of the members of the Sc...
Tag this Judgment!Court : Guwahati
Decided on : Jun-22-2005
Reported in : (2007)211CTR(Gau)133,[2007]290ITR481(Gauhati)
Amitava Roy, J.1. This batch of writ petitions raise a common question pertaining to the true purport of Section 10(26) of the Income-tax Act, 1961 (hereinafter referred to as the 'Act'). Contending that the benefit of exemption thereunder being extendable to the petitioners, consequential reliefs by way of annulment of the impugned orders and the related assessment proceedings have been prayed for.2. By separate orders passed at the time of issuance of the rule, this court had granted interim protection staying the realisation of the tax assessed denying the exemption.3. I have heard Mr. S.P. Sharma, learned Counsel for the petitioners, Mr. U. Bhuyan, learned Counsel for the Department and Mr. V.K. Jindal, senior advocate for the North Eastern Electrical Power Corporation Ltd. (hereinafter referred to as the 'NEEPCO').4. A brief narration of the individual facts is advisable.5. The petitioner in W.P. (C) No. 200 (SH)/2001 is a registered association comprised of the members of the Sch...
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