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Bibekananda Das Vs. State of Assam and ors.

Court : Guwahati

Subject : Service

Acts : Constitution of India - Articles 14, 16, 31(2), 32, 162, 226 and 309; Assam Police Service Rules, 1966 - Rules 2, 4, 4(1), 5, 5(1), 5(1)(6), 6, 7, 7(1), 7(4) to 7(7), 8, 8(1), 8(1)(6), 8(2), 10, 13, 14, 18, 18(1), 19, 22, 23, 29 and 56; Assam Police Service (Recruitment) Rules - Rule 5(1); Assam Executive Business Rules, 1968 - Rules 10(1), 10(2) and 17; Assam Administrative Tribunal Act, 1977 - Sections 4, 4(1), 4(2), 5 and 5(1); Assam Police Service Regulations - Regulation 3, 3(1) and 3(4A); Limitation Act; Kerala General Sales Tax Act - Sections 8 and 10; Residuary Rules - Rule 3; Jammu and Kashmir Public Service Commission (Limitation of Functions) Regulations, 1957 - Regulation 4; Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 - Rules 5, 23 and 37;

Advocate for Respondent : B.R. Bhattacharjee, G.N. Sahewalla, H.N. Sharma, B.P. Kataki, K.P. Pathak, K.N. Choudhury, N. Dutta, A.K. Thakur and T.C. Chutia, Advs.

I.A. Ansari, J.1. Our constitutional scheme for governance is based on the rule of law. Absence of arbitrary power, as the Apex Court observed in S.G. Jaisinghani v. Union of India and Ors. : [1967]65ITR34(SC) ,...

Surendra Singh and ors. Vs. State of Assam and ors.

Court : Guwahati

Subject : Property

Acts : Assam Fixation of Ceiling on Land Holdings Act, 1957 - Sections 2(2), 3, 4(2) and 7(4); Constitution of India - Article 226;

Advocate for Respondent : B. Banerjee, Govt. Adv. and B.P. Kataky, Adv.

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...

Utpal Rajkonwar Vs. Office of the Dibrugarh University and ors.

Court : Guwahati

Subject : Civil

Acts : Indian Penal Code (IPC) - Sections 120(B), 409, 468 and 471; Dibrugarh University Employees Service Conditions Ordinance, 2000 - Article 33

Advocate for Respondent : B.P. Kataky, Adv.

Ranjan Gogoi, J. 1. The question as to whether a criminal proceeding as well as a departmental enquiry, on the same set of facts, can proceed simultaneously, which has frequently arisen, confronts the Court in the...

Tripura Government Employees' Association Vs. State of Tripura and Ors ...

Court : Guwahati

Subject : Labour and Industrial

Acts : Tripura State Civil Services (Revised Pay) Rules, 1988; Constitution of India - Articles 14 and 19 (1)

Advocate for Respondent : A. Chakraborty, B.P. Kataki, G.A. Ghosh and A. Ghosh, Advs.

V.K. Khanna, C.J. 1. The petitioner federation is a federation of various Associations of the Tripura Government Employees, Semi-Government Employees and Employees of Tripura Government Undertakings, etc. formed with the prime object of espousing afeeling of...

Bijumoni Saharia and anr. Vs. State of Assam and ors.

Court : Guwahati

Subject : Service

Advocate for Respondent : B.J. Talukdar, G.A. Assam, B.P. Kataki and R. Sarma, Advs.

Ranjan Gogoi, J.1. Heard Mr. D. Mazumdar, learned counsel for the petitioners and Mr. B.J. Talukdar, learned Govt. Advocate, Assam. Also heard Mr. B.P. Kataki, learned counsel for the Respondent No. 4.2. The challenge in the...

Utpal Choudhury Vs. State of Assam and ors.

Court : Guwahati

Subject : Labour and IndustrialService

Acts : Constitution of India - Article 226

Advocate for Respondent : A.K. Bhattacharya, Adv.

I.A. Ansari, J.1. Can a candidate, who in a competitive examination or interview held by an educational institute to select a member of teaching staff, stands lower, in order, in the merit list, be arbitrarily refused...

Oil India Executive Employees' Association Vs. Union of India (UOi) an ...

Court : Guwahati

Subject : Service

Acts : Constitution of India - Article 226

Advocate for Respondent : B. Sarma, Addl. CGSC for the respondent Nos. 1 & 2 and S.N. Sharma, Sr. Adv. for the respondent No. 3

1. Heard Mr. B.P. Kataki, the learned senior counsel for the petitioners Association; Mr. B. Sarma, the learned Addl. CGSC for the respondent Nos. 1 and 2 and Mr. S.M. Sarma, the learned senior counsel for...

Dr. M. Laitphlang and ors. Vs. State of Meghalaya and ors.

Court : Guwahati

Subject : Labour and Industrial

Acts : Meghalaya Health Service Rules, 1990; Constitution of India - Articles 16 and 226

Advocate for Respondent : N. Dutta, B. Bhuyan, S.P. Mahanta, A. Sarma, B. Dutta, A.C. Borbora, B. Gunadhar Singh, G.B Das, H. Roy and K. Goswami, Advs.

P.P. Naolekar, C.J.1. A batch of four writ petitions, namely, WP(C) No. 274(SH)/ 2001, WP(C) No. 275(SH)/2001, WP(C) No. 276(SH)/2001 and WP(C) No. 277(SH)/2001, involving similar questions of facts and law, were heard together by the...

Central Bank Canteen Boys Association Vs. Central Bank of India

Court : Guwahati

Subject : Labour and Industrial

Acts : Banking Regulation Act, 1949 - Sections 45(5); Factories Act

Advocate for Respondent : B.P. Kalaki and M.R. Pathak, Advs.

J.N. Sarma, J. 1. This writ application has been filed by the Central Bank Canteen Boys Association a registered Trade Union represented by its General Secretary claiming the following reliefs: (i) to absorb the members of...

Bisheswar Badri @ Khetrapal Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 164; Evidence Act - Sections 24

Advocate for Respondent : P. Bora, Addl. PP

I.A. Ansari, J.1. True it is that a crime must not go unpunished, but in its anxiety to do justice, Court cannot admit inadmissible evidence nor can Courtrely on unreliable evidence. This case reminds us of...