Guwahati Court June 1995 Judgments
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Jorhat Consumer Goods Wholesale Co-operative Society Ltd. Vs. Indian O ...
Court: Guwahati
Decided on: Jun-28-1995
Khanna, C.J. 1. The present appeal has been filed against the judgment of the learned single Judge dated 26-4-1995, passed in Civil Rule No. 5200/94. 2. We have heard Mr. G.N. Sahewalla, the learned counsel for the petitioner/ appellant, Mr. H. Roy appearing for respondent No. 3, the Oil Selection Board, North East, Mr. B.D. Das, the learned counsel appearing on behalf of respondent No. 4, Shri Ramani Tanti, and Mr. A.R. Banerjee, the learned counsel appearing on behalf of respondents Nos. 1 and 2, the Indian Oil Corporation Ltd. and the Sr. Area Manager, Indane Area Office, Indian Oil Corporation, Noonmati, Guwahati. 3. The brief facts for the purposes of adjudicating the controversy involved in thepresent appeal are that respondents Nos. 1 and 2 issued notice inviting applications for dealership of Indane LPG for Bongaigao, Jorhat and Guwahati by making an advertisement in the Dainik Janambhumi, an Assamese Daily, in its issue dated 16th January, 1994. In pursuance of the aforesaid...
State of Assam and ors. Vs. Rajeev Dey and ors., Etc. Etc.
Court: Guwahati
Decided on: Jun-28-1995
Patnaik, J. 1. In this batch of 27 writ appeals, the common judgment dated 28-9-1994 of the learned single Judge in 27 Civil Rules directing admission of 27 candidates for the session 1993-94 in order of merit in seats likely to be available in Medical Colleges in the State of Assam for the session 1994-95 is under challenge.2. The brief facts leading to the filing of these appeals are that the aforesaid 27 candidates applied for admission to the 1st Year M.B.B.S. Course in the Medical Colleges of the State of Assam for the session 1993-94 but were denied admission. Aggrieved, some of them approached this Court under Article 226 of the Constitution contending that admissions had been granted to candidates who had marks less than them in the qualifying examination and were thus less meritorious than them. When these Writ Petitions came up for hearing, the learned single Judge passed orders on 12-8-1994 on Civil Rules No. 2919/94 directing publication of notice in the local Daily 'The A...
Shri Saikat Mallik Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-27-1995
J.N. Sarma, J. 1. There is a set of Rules called, the Medical Colleges of Assam/Regional Dental College (Regulation of Admission of Under-graduates Students) Rules, 1994. 2. In pursuance of that Rules, an advertisement was called for admission to the Medical Colleges of Assam that advertisement was appeared in the Assam Tribune on June 11, 1994 and other dailies. Thereafter, an application form was issued by the authority and in page 4 of that application, form, there is a column regarding permanent residential certificate of parents in the State of Assam. That column is quoted below:-- THIS IS TO CERTIFY THAT Shri/Smt. __________________________________________ Father/ Mother of (Name of parent)Shri/Smt. _____________________________ aged _________________________ (Name of applicant)Years has been residing continuously on a mutated plot ofland in his/her name under Dag No. ____________ P.P. No. _____________ of Village/Town __________ Holding No. ___________ Ward No. __________...
Chariduar Brahmaputra Kholoibil Fishery Co-operative Society Limited, ...
Court: Guwahati
Decided on: Jun-22-1995
J.N. Sarma, J. 1. This matter is taken up for disposal at the stage of admission itself as agreed to by both the parties. 2. This application has been filed challenging the legality and validity of the U. T. Message dated 1-4-95 sent by the Department of Co-operation, Government of Assam dissolving/removing the Managing Committee headed by Sri Nandeswar Hazarika, Chairman of the Committee without giving any hearing. The U. T. Message is Annexure-D to the Writ Application and is quoted below.' ANNEXURE-D. FROM------ COOP ASSAM DISPUR AAA TO----- THE ZONAL JOINT REGISTRAR OF COOP SOCIETIES, TZP AAA INFO-----DEPCOM SONITPUR TZP AAA/ARCOOP TZP AAA NO. COOP 337/77/ PT-1/204 ORDERED ISSUED BY YOUR LETTER NO. ZCTFPP/ 3/92/71.DT.2/1/95 IN RESPECT OF THE CONSTITUTION OF ADHOC MANAGING COMMITTEE HEADED BY SRI NANDESWAR HAZARIKA FOR CHARI-DUAR BRAHMAPUTRA ARU KHALOI-BIL FISHERY COOP SOCIETY IT IS HEREBY SET ASIDE AND THE MANAGING COMMITTEE CONSTITUTED IN THE GENERAL ASSEMBLY ON 22/5/94 AS APPR...
Teachers Association, Silchar Medical College and anr. Vs. State of As ...
Court: Guwahati
Decided on: Jun-22-1995
J.N. Sarma, J. 1. This application under Article 226 of the Constitution of India has been filed by the Teachers Association, Silchar Medical College, Silchar and Professor Gobinda Chandra Chakravarty, Department of Chest and Tuberculosis diseases of the Silchar Medical College, Silchar praying the following reliefs :-- (i) To quash Rule 6(i) of 1994 for the Medical College of Assam and Regional Dental College (Regulation of Admission of Under-Graduate Students) Rule, 1994 as ultra vires and further prayed for a direction to insert a clause in the said Rules reserving seats for the sons and daughters of the Teachers of Medical College, Assam. 2. On 3rd of May, 1994, the Health and Family Welfare (B) Department, Government of Assam issued a notification which reads inter alia, as follows :-- 'No. HLB.96/83/70 -- In superession of the Medical Colleges of Assam/Regional Dental College (Regulation of Admission of Under-Graduate Students) Rules, 1992, except as respects things done or omi...
New India Assurance Co. Ltd. Vs. Ajoy Medhi and anr.
Court: Guwahati
Decided on: Jun-16-1995
M. Sharma, J.1. This appeal has been preferred by the Appellant Under Section 30 of the Workmen's Compensation Act, 1923, against the judgment dated January 16, 1992 by the Commissioner, Workmen's Compensation, Dhubri in W.C., No. 7/89.2. Respondent No. 1 is a driver. He filed a claim case before the Commissioner at Dhubri under the Act, seeking compensation for the injuries suffered by him. The Respondent No. 1 on January 28, 1989 was driving the Vehicle bearing Registration No. ASG 3493, in the capacity of driver and coming from Chapor towards Kokrajhar. The said vehicle's owner was Respondent No. 2. Respondent No. 1 met an accident near the Kokrajhar Police Station. Police stopped the car and dragging out the Respondent No. 1 from the vehicle assaulted him in the Chapor Police Station causing grievous injuries as a result of which the right eye of the Respondent No. 1 was seriously injured. He was admitted in the Dhubri Civil Hospital on January 29, 1989 till March 11, 1989 as an i...
Salt Marketing Centre Guwahati Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-15-1995
D.N. Baruah, J. 1. In this application under Article 226 of the Constitution the petitioner has prayed for issuance of an appropriate writ or direction. 2. The case of the petitioner is that a rake of salt was allotted to M/ s. Saikia Enterprises of Khanapara, Guwahati by the Govt. of Assam. The said allottee asked M/s. ABC Enterprises. Gandhidham to load the allotted rake. Accordingly it was loaded on 14/15-5-95 at Chirai Railway Station and thereafter sent to Guwahati-the destination Station. The weight of the consignment was given in details in forwarding note. During transit, the goods were weighed for the first time at Kankaria Railway Station and on weighment the Railway authority found some excess weight of the goods. Accordingly 1550 bags of salt were off-loaded in the said Station and the rests were sent to the destination Station. The distance from the place of booking and the place of weighment was not much. However, at the weighment of the rake, neither the consignor nor...
Shri Lakshmi Chowhan and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-13-1995
Khanna, C.J. 1. This appeal has been filed against the judgment of the learned single Judge dated 7-9-93, passed in Civil Rule 1736/90. 2. We have heard Mr. R. L. Yadav, the learned counsel appearing for the petitioners-appellants and Mr. A.C. Sarma, the learned Addl. Sr. Govt. Advocate appearing for the State-respondents. 3. According to the petitioners/appellants by an order dated 7-1-67, the Undersecretary to the Govt. of Assam, Forest Department, directed the Conservator of Forest for settlement of two hundred Bighas of land t o twentyfive families. On 26-7-79, the petitioners/appellants were also allotted two Bighas of land. To these thirteen persons, the Conservator of Forest further decided to allot another sixtyfive Bighas of land i.e., five Bighas of land to each person and these thirteen persons wanted to have the land by taking possession of the same. On 21-9-79, the Divisional Forest Officer stayed this order and directed the Range Officer not to handover possession of t...
Prabhat Kr. Bhuyan Vs. the State of Assam and anr.
Court: Guwahati
Decided on: Jun-13-1995
Singh Neelam, J.1. This criminal revision petition is so filed under Sections 397/401 read with Section 482 of the Cr.P.C. against the order dated 11-12-1991 passed by the learned Sessions Judge, Silchar in criminal revision No. 24(2)/90 by virtue of which he has reversed the order dated 19-4-1990 passed by Asstt. Sessions Judge, Silchar by which he has rejected the prayer so made by the learned P.P. for withdrawal of the sessions case No. 22(s-s)/1988. Since the learned Sessions Judge vide his order dated 11-2-1991 has set aside the order of the Assistant Sessions Judge by which permission for withdrawal of the sessions case was not accorded and since the learned Sessions Judge has held that the sessions case in question pending before the learned Asstt. Sessions Judge is treated as withdrawn, this criminal revision petition is so filed with the prayer that the impugned order so passed by the learned Sessions Judge be set aside and the order so passed by the learned Asstt. Sessions J...
Musstt. Rahima Khatoon Vs. Musstt. Saburjanessa and ors.
Court: Guwahati
Decided on: Jun-08-1995
M. Sharma, J. 1. This appeal has been preferred by the appellant against the order dated 30-4-93 passed in G.C. No. 52/91 by the learned District Judge, Barpeta. 2. The appellant as petitioner filed an application on 29-7-91 praying for granting of Guardianship certificate with respect to the person of her minor daughter Anowara aged 9 years. The appellant's husband who was a U. B. Constable died in a road accident leaving behind the appellant and her minor daughter Anowara. The Respondent No. 1 Mstt. Saburjannessa along with 4 others were made the opposite parties in that petition in which the respondent No. 1, the mother-in-law of the appellant contested. After hearing the parties, the learned District Judge, Bar-pela by his order dated 8-11 -9 i issued guardianship certificate in favour of appellant -- Rahima Khatun. After sometime the opposite party No. 1 the mother-in-law of the appellant filed an application on 11-8-92 in G.C. No. 52 of 1991 alleging that the appellant, since ...
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