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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 Appellant : N. Dutta, B.R. Bhattacharjee, H.N. Sharma, G.N. Sahewalla, B.P. Kataki, K.P. Pathak and K.N. Choudhury, 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) ,...

Midul Saikia Vs. Food Corporation of India

Court : Guwahati

Subject : Service

Advocate for Appellant : B.P. Kataki and T.J. Mahanta, Advs.

A.H. Saikia, J. 1. Heard Mr. B.P. Kataki, learned Sr. counsel assisted by Mr. T.J. Mahanta, learned counsel appearing on behalf of the petitioner and also heard Mrs. A. Hazarika, learned counsel appearing on behalf 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 Appellant : B.P. Kataky and M.R. Pathak, Advs.

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...

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 25, 28 and 31; Constitution of India - Articles 14, 248, 323A, 323B and 371A; Code of Civil Procedure (CPC) ; Transfer of Property Act; Nagaland Administration of Justice Rules, 1937 - Rule 33

Advocate for Appellant : A. Ajitsaria, N. Dutta, S.S. Dey, M. Nath, M. Choudhary, B.B. Narzary, S. Chouhan, R. Bordoloi, A.C. Das, B.P. Kataky, B.W. Phira, D. Das, D.K. Kothari, H. Sharma, H.L. Mourya, K.P. Sarma, N. Choudhu

J.N. Sarma, J. 1. These cases raise the question of legality, validity and constitutionality of Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter called 'the Act'), and other actions related to the...

Nanda Nath Gam Vs. State of Assam and ors.

Court : Guwahati

Subject : Service

Acts : Assam Services (Discipline and Appeal) Rules, 1964 - Rule 9(6)

Advocate for Appellant : B.P. Kataki, G. Uzir, B. Buragohain and J. Handique, Advs.

A.H. Saikia, J. 1. Heard Mr. B.P. Kataki, the learned Sr. counsel assisted by Mr. B. Buragohain, learned counsel for the petitioner as well as Mr. B. Choudhury, learned Addl. Sr. Govt. Advocate, Assam on behalf...

Bogamal GohaIn and ors. Vs. Lakhinath Kalita and ors.

Court : Guwahati

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101 - Order 41, Rules 13 and 31

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

B.P. Saraf, J. 1. The appellants 1 and 2 herein were defendants in a suit filed by the respondent No. 1 as plaintiff in the Court of the Munsiff, North Lakhimpur. That suit was numbered as...

Aditya Sonowal Vs. V.J. Sood

Court : Guwahati

Subject : CriminalContempt of Court

Acts : Contempt of Courts Act, 1971 - Sections 2, 12 and 12(1); Oaths Act, 1969 - Sections 5; Code of Criminal Procedure (CrPC) , 1974 - Sections 5(2); Gauhati High Court Rules (Contempt of Courts Act), 1971 - Rule 20; Constitution of India - Articles 20, 129 and 215

Advocate for Appellant : B.P. Kataky and R. Sarma, Advs.

J.N. Sharma, J.1. This is an application under Section 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India. This application of Contempt has been filed by 29 persons against...

Baren Roy Vs. State of Assam and ors.

Court : Guwahati

Subject : Service

Acts : Assam Services (Disciplinary and Appeal) Rules, 1964 - Rule 9(2) and (6)

Advocate for Appellant : B.P. Kataky, B.D. Goswami and P.P. Baruah, Advs.

A.H. Saikia, J. 1. I have heard Mr. B.P. Kataky, learned Sr. counsel assisted by Mr. PP Baruah, learned counsel appearing on behalf of the petitioner. Also heard Mr B J Talukdar, learned Govt. Advocate, Assam....

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 Appellant : N.M. Lahiri, G.N. Sahewalla, A.K. Goswami, P. Bora and B. Goyal, Advs.

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 Choudhury Vs. State of Assam and ors.

Court : Guwahati

Subject : Labour and IndustrialService

Acts : Constitution of India - Article 226

Advocate for Appellant : B.P. Katakey, 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...