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ARUN DEV CHOUDHURY
RCN Constructions Pvt. Ltd. – Appellant
Versus
State of Assam, Rep. by the Comm. and Secy. to the Govt. of Assam – Respondent
JUDGMENT :
Heard both Mr. K.N. Choudhury and Mr. B.D. Das, learned Senior counsels for the petitioners. Also heard Mr. P.N. Goswami, learned Additional Advocate General, Assam and Mr. B. Gogoi, learned standing counsel, Finance Department, Assam.
2. Common issues involving questions of law out of similar set of fact arises in the present batch of writ petitions and all the learned counsels appearing for the contesting parties have agreed that the matters need to be heard analogously. Accordingly, matters were heard analogously. Though the learned counsel for the petitioners, submitted the fact of the each cases, the argument on the question of law was led by Mr. K.N. Choudhury, learned Senior counsel and Mr. B.D. Das, learned Senior counsel.
3. The issues:
The issues involved in the present batch of writ petitions, can be summarized as follows :
ii. Whether the decision of the Division Bench on the first issue in Musilm Ali Vs. State of Assam
Point of Law : It is well settled that to maintain certainty, stability and consistency in legal system, courts generally abide by things/issues already decided. Legal principles or rules that have b....
The main legal point established in the judgment is that the deduction of Forest Royalty from the bills of the Petitioner was unauthorized as there was no contractual provision mandating the procurem....
Contractors are liable to pay royalties only upon extraction of minerals, not based on purchasing, and may not be compelled to produce certificates without proper liability.
The employer has the competence and jurisdiction to recover forest royalty from the bills of the contractors, and recovery cannot be made without giving an opportunity to the contractors to produce p....
Royalty obligations under the Assam Minor Mineral Concession Rules 2013 do not extend to private construction projects, only applying to government-related works.
Royalty obligations under the Assam Minor Mineral Concession Rules 2013 do not extend to private construction projects, only applying to government-related works.
The specific terms of a contract regarding deductions take precedence over general judicial observations, and failure to comply with these terms permits such deductions.
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