Court : Guwahati
Reported in : AIR2003Gau162,(2004)2GLR187
S.K. Kar, J.1. This is an appeal under Order XLIII, Rule 1(u) of the CPC filed by the appellant, M/a. Akshay Automobiles, a firm which was plaintiff in connected Money Suit No. 17/85 before Asstt. District Judge, Jorhat. The suit was dismissed on contest with cost. Against the dismissal an appeal was filed before the District Judge who passed an order allowing the appeal and remanding the suit for fresh disposal.2. The case for appellant/plaintiff firm is that respondent No. 3 Asatt. Engineer electrical Sub-Division, C.P.W.D. Joirampur, Arunachal Pradesh, plaqed his vehicle ART-750 at the workshop of the appellant/plaintiff for replacement of parts and repairs vide order dated 7-5-85. The vehicle was received on 10-5-82 and the appellant/plaintiff completed the repairing works and replacement of parts and delivered the vehicle to respondent/defendant No. 3 along with Bill No. 30/ 82-83 dated 29-6-82 for Rs. 22,986,20 paise as repairing charges inclusive of cost of the spare parts etc, ...
Tag this Judgment!Court : Guwahati
Reported in : AIR2003Gau162; (2004)2GLR187
1. This is an appeal under Order XLIII, Rule 1(u) of the CPC filed by the appellant, M/a. Akshay Automobiles, a firm which was plaintiff in connected Money Suit No. 17/85 before Asstt. District Judge, Jorhat. The suit was dismissed on contest with cost. Against the dismissal an appeal was filed before the District Judge who passed an order allowing the appeal and remanding the suit for fresh disposal.2. The case for appellant/plaintiff firm is that respondent No. 3 Asatt. Engineer electrical Sub-Division, C.P.W.D. Joirampur, Arunachal Pradesh, plaqed his vehicle ART-750 at the workshop of the appellant/plaintiff for replacement of parts and repairs vide order dated 7-5-85. The vehicle was received on 10-5-82 and the appellant/plaintiff completed the repairing works and replacement of parts and delivered the vehicle to respondent/defendant No. 3 along with Bill No. 30/ 82-83 dated 29-6-82 for Rs. 22,986,20 paise as repairing charges inclusive of cost of the spare parts etc, But in spite...
Tag this Judgment!Court : Guwahati
I.A. Ansari, J. 1. Being adventurist by nature, man has, generally, opted to take risks. Being unable to bring under control his instinct for greed, man has been indulging in adventurist activities, which may make him own worldly materials. Thus, a combined instinct of adventurism and greed has always drawn man to gambling and betting. Though detested from time immemorial, gambling and betting have continued, sometimes, on account of man's failure to win over his instinct of adventurism and greed and, sometimes, at the initiative taken by others to draw man to gamble in order to reap benefits. Lottery has been one of such forms of gambling since 100 B.C. It was Cheung Leung of China's Hun Dynasty, who created game of lottery of keno to raise funds for his army in the year 100 B.C. By drawing his war-tired people to indulge in this game of chances, he not only made them contribute to his army, but also helped fund the Great Wall of China. As a game of chance, lottery became nothing bu...
Tag this Judgment!Court : Guwahati
Judgment and Order (CAV) [1] The basic issue involved in these two writ petitions is as to whether the Governor of a State is to act only with the aid and advice of the council of Ministers in all circumstances or the Governor is empowered being the custodian of an executive and other powers under various Articles of the Constitution of India is entitled to exercise independent/discretionary powers. The other issues including the right of the Governor to address and send messages to the Legislative Assembly was legally permissible in the fact situation involved in this case. The concerned Articles of the Constitution of India in this regard are Article 174 and Article 175. The other issues involved are incidental to the above issues. [2] The background facts involved in this proceeding have seen set out in the interim order passed on 17.12.2015, which reads as follows: BACKDROP 3. The party wise composition of the Arunachal Pradesh State legislature in the 60 member House is Congress-4...
Tag this Judgment!Court : Guwahati
B.B. Deb, J.1. The aforesaid three petitions filed by three accused-petitioners under Section 438, Cr. P.C. seeking pre-arrest bail pertaining to Silchar Police Station Case No. 1568/2000 under Sections 342/325/307, 302/34, I.P.C. and as such, taken together for disposal.2. One Smt. Parbati Das of village Rongpur P3. Silchar, Assam, lodged FIR on 10-12-2000 against Shri Dinabandu Das, Shri Joy Krishna Das and Shri Krishna Das (petitioners in the related petitions) narrating facts constituting offence, ex facie, under Sections 324/325/307/302/34, I.P.C. and the Police Station concerned registered the FIR being Silchar P3 Case No. 1568/2000 (dated 10-12-2000).3. The petitioners sought for anticipatory bail under Section 438, Cr. P.C. at Shillong Bench of Gauhati High Court. The question posed as to whether the Shillong Bench of the Gauhati High Court has territorial jurisdiction over the matter. The learned counsel for the petitioner, Mr. DK Das Choudhury, having referred to Article 231...
Tag this Judgment!Court : Guwahati
I.A. Ansari, J. 1. The petitioners, in this batch of writ petitions, who are involved in various commercial activities, in the State of Arunachal Pradesh, and import various goods from other States, have challenged the constitutionality, legality and validity of the Arunachal Pradesh Goods Tax Act, 2005 (in short, 'the Act') and, particularly, Section 3(2)(b) thereof, which imposes tax on the entry of goods, other than non-taxable import, for consumption, use or sale thereof into the local area of the State of Arunachal Pradesh.2. The levy has been challenged, broadly speaking, on three grounds, namely, (i) that the levy is violative of Article 301 of the Constitution of India inasmuch as the impugned legislation imposes unreasonable restrictions on the freedom of trade, commerce and intercourse and even if the impugned legislation is treated to impose, in public interest, reasonable restrictions, on the freedom of trade, commerce and intercourse, the impugned legislation cannot survi...
Tag this Judgment!Court : Allahabad
Devi Prasad Singh, J.1. Substantial questions of law involved in the present writ petition are:A. Whether Government may withdraw the rebate granted in pursuance to notification issued under Section 5 of the U.P. Trade Tax Act (in short hereinafter referred as the Act)? In case, Government has got power then under what circumstances?B. Whether in case industry is established and availing the rebate will entitle to avail the benefit for the remaining period even after withdrawal of notification issued under Section 5 of the Act under the principle of promissory estopple ?2. Brief facts are as under: Section 5 of the Act is an enabling provision which confers power on the state government to issue a notification in public interest along with rebate up to full amount of tax on sale and purchase of public goods or on sale or purchase of any goods by such person or class of person. The notification is issued in public interest to encourage the establishment of industries as well as to secur...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISIDCTION CIVIL APPEAL NOS. 6203-6204__OF2016(Arising out of SLP(C) Nos. 1259-1260 of 2016) Nabam Rebia, and Bamang Felix Appellants versus Deputy Speaker and others Respondents JUDGMENT Jagdish Singh Khehar, J.1. Leave granted.2. The 5th session of the Arunachal Pradesh Legislative Assembly (hereinafter referred to as, the Assembly/House) was concluded on 21.10.2015. On 3.11.2015, the Governor issued an order summoning the 6th session of the Assembly, to meet on 14.1.2016 in the Legislative Assembly Chamber at Naharlagun. The instant order was passed by the Governor, on the aid and advice of the Chief Minister, and in consultation with the Speaker of the House. The 6th session of the House was preponed by the Governor from 14.1.2016 to 16.12.2015, by an order dated 9.12.2015 indicating inter alia the manner in which the proceedings of the House should be conducted. In its support, the Governor issued a message on 9.12.2015....
Tag this Judgment!Court : Guwahati
1. By this application under Article 226 of the Constitution the petitioners Boving Fouress Ltd. and a Director thereof have prayed for issuing an appropriate writ directing the respondent State of Arunachal Pradesh to pay to the petitioner company an amount of Rs. 933.50 lacs in respect of works executed and supplies made in three Micro Hydel Projects in Arunachal Pradesh. 2. I have heard at length Mr. Bharati Agarwal, learned sr. counsel for the petitioners assisted by Mr. Dhrub Agarwal and Mr. MK Choudhury, learned counsel for the petitioners as well as Mr. P. Chidambaram, learned sr. counsel assisted by Mr. S. Sarma and Mr. A. Choudhury, learned counsel for the respondents. I have also carefully considered the records of the case and the voluminous documents produced by the parties. 3. The brief facts not in dispute are that on 28.1.1993 the Department of Power, Govt. of Arunachal Pradesh, invited tenders for execution of three Micro Hydel Projects at Sirnyuk, Domkhrong and Kush ...
Tag this Judgment!Court : Patna
1. The petitioners, through this writ application under Article 226 & 227 of the Constitution of India, have approached this court for quashing the First Information Report, which led to the registering of Miao P.S. Case No. 40 of 2006 in the district of Changlang within the State of Arunachal Pradesh, for the alleged offences under sections 498A, 506/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. The alternative prayer is for direction to the State of Arunachal Pradesh for transferring the investigation of the above case to the State of Bihar for being investigated by the competent officer of the police station under whose jurisdiction the alleged offences were committed.2. The case of the petitioners, in short, is that admittedly no cause of action has taken place in the State of Arunachal Pradesh where the aforesaid case has been registered against the petitioners as no allegations have been attributed against the petitioner constituting the aforesaid o...
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