Guwahati Court January 1999 Judgments
Hemanta Kumar and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-29-1999
M. Sharma, J. 1. This writ petition is preferred praying for a direction to the Respondent Gauhati University to allow the petitioners to attend classes in the 2nd year MBBS Course so as to fulfil the requisites as contemplated under Rules 2 of the Regulation of MBBS Examinations under Gauhati University and also declare the Regulation 2(b) of the Regulation, as ultra vires of the Constitution. 2. All the petitioners appeared in the first MBBS Examination held in July, 1998, result of which was declared on 2nd September, 1998. All the 63 writ petitioners in this writ petition are failed students, total unsuccessful students being 69 out of total 150 students. Referring Regulation 12(3) of Chapter V of the Regulation on Graduate Medical Education, 1997 it is contended that it is stipulated therein that there shall be one examination in a year and a supplementary to be held not later than six months after the publication of its results. That this guideline of Medical Council of India (...
Tag this Judgment!Naren Hazarika Vs. State Bank of India and ors.
Court: Guwahati
Decided on: Jan-28-1999
J.N. Sharma, J.1. This writ application has been filed by a person who has been removed from service. The petitioner herein was an employee of the State Bank of India (hereinafter called the Bank for the sake of brevity). The petitioner joined the service in the year 1991. The Respondent No. 4 on April 25, 1994 issued a charge sheet against the petitioner, that is, Annexure-A to the Writ Application. The allegations against the petitioner were as follows:'Annexure-IIStatement of Imputation of Lapses and Misconduct alleged against Shri N. Hazarika, OJM Ex passing Officer and Cash Officer/Offg. Branch Manager State Bank of India, Dibrugarh and Sangsangyu branches respectively in relation to the articles of charges (Charge I) framed against him vide Annexure-I.Allegation IIt is alleged that although the withdrawal form for Rs. 12,700 drawn on Savings Bank Account No.Q27/16577 of Smt. Binita Pegu was tendered at the Bank on July 26, 1991 by a third party without the relative Pass Book, y...
Tag this Judgment!Smt. Khumukcham Ningol Chandam Ongbi Ibeton Devi and ors. Vs. Khumumch ...
Court: Guwahati
Decided on: Jan-21-1999
H.K.K. Singh, J.1. This First Appeal is against the judgment and order dated 30-9-83 of the learned Additional District Judge, Manipur passed in Original Suit No. 2/82/3/82 by which the application of the respondent herein for grant of probate of the will dated 14-9-87 was allowed.2. The respondent as plaintiff filed an application for grant of probate of the Will dated 14-9-1978 executed by his father Khumukcham Brajamohon Singh. by which the whole portion of the home-stead under Palta No. 90/232 I.W. T. except a portion measuring 20 ft. breadth from north to south and running over the Ingkhol from east to south) on the northern portion of the aforesaid patta land in his favour. The said land bequeathed to the plaintiff is at Sched- ule 'A' of the plaint and by the same Will the portion at the northern side as stated above and described at Schedule 8 of the plaint was bequeathed in favour of one of the daughters of the testator who died on 15-1-1980 surviving by his 4 daughters and h...
Tag this Judgment!thermax Ltd., Pune and anr. Vs. North Eastern Electric Power Corporati ...
Court: Guwahati
Decided on: Jan-21-1999
D. Biswas, J. 1. In this writ petition construction of a Water Treatment System for 4 x 21 M. W. Agartala Gas Turbine Project has been stayed by an order issued by this Court on 14-4-98 at the instance of the writ petitioners. Utmost care has been taken to dispose of the petition expeditiously keeping in mind the observation of the Hon'ble Supreme Court rendered in para 32 of the judgment in Sterling Computers Ltd. v. M. and N. Publications Limited, (1993) 1 SCC 445 : (AIR 1996 SC 51 at P. 61). For the purpose of re-appraisal, the observation is quoted below :'32. Before we part with the judgment we shall like to strike a note of caution. It is a matter of common experience that whenever applications relating to awarding of contracts are entertained for judicial review of the administrative action, such applications remain pending for months and in some cases for years. Because of the interim orders passed in such applications, the very execution of the contracts, are kept in abeyance...
Tag this Judgment!Damodhar Bordoloi Vs. Mrinalini Devi Trust Board and ors.
Court: Guwahati
Decided on: Jan-18-1999
J.N. Sarma, J. 1. This is an appeal filed by the Objector Lombodhar Bordoloi against the decree in the suit for probate in respect of a Will left by one Mrinalini Devi by the learned Additional District Judge, Kamrup, Guwahati in P.T.S No. 52 of 1990. An application for probate was filed under Section 276 of the Indian Succession Act for probate of the will by five persons claiming themselves as the members of the Trust Board constituted by the Testator to properly manage her property described in the will.2. The Will is dated 26-6-1980 and it is at page 18 of the paper book. Earlier to this will the petitioner executed two wills, but both of them were annulled. The first will was executed on 24-9-1998 and it was annulled and the Second will was executed on 18-11-1966 and that was annulled by this Will dated 26-6-1980. The property in the will is the property given to Late Mrinalini Dcvi by her father and acquired by her. Mrinalini Devi left the place of her husband long back as he ...
Tag this Judgment!Shyam Sundar Chowkhani Alias Chandan and ors. Vs. Kajal Kanti Biswas a ...
Court: Guwahati
Decided on: Jan-18-1999
J.N. Sarma, J. 1. This appeal has been filed against the Judgment and decree dated 20-8-92 passed by the learned Assistant District Judge,Tinsukia in Title Suit No. 95 of 1986. 2. A suit was instituted by the plaintiff-Respondent for specific performance of contract. The case of the plaintiff is that the defendant No. 1 Shri Shyam Sundar Chowkhani and his father, the original defendant No. 2 late H. P. Chowkhani jointly owned a plot of land measuring 10 Bighas-3 kathas-3 Lechas at Digboi. They agreed to sell the suit land to the plaintiff, plaintiffs also agreed to purchase at the agreed value of Rs. 1,01,501/- (Rupees one lakh one thousand five hundred one). The defendant No. 1 received an amount of Rs. 26.501/- (Rupees twenty six thousand five hundred one) on 5-10-82. The defendant No. 2 received an amount of Rs. 15,000/-(Rupees fifteen thousand) on 9-11-92 and the defendant No. 1 received a further sum of Rs. 60,000/- (Rupees sixty thousand) on 23-11-82. Thus the defendants receiv...
Tag this Judgment!The Governing Body of Mayai Lambi College, Manipur Vs. State of Manipu ...
Court: Guwahati
Decided on: Jan-12-1999
N.S. Singh, J.1. The Government order dated 13-11-98 bearing No. 1/51/91-S/SE as in Annexure A/12 to the writ petition placing the Governing Body of the Mayai Lambi College under suspended animation with immediate effect and until further order and thus appointing one Shri N. Chura Singh the third respondent herein as Administrator of the said college during the period of suspended animation, is the subject matter under challenge in this writ petition.2. The petitioner, namely the Governing Body of Mayai Lambi College, represented by its Secretary is duly represented by its learned counsel namely Mr. N. Ibotombi and Mr. N. Kotiswar.3. At the very outset the learned counsel for the petitioner argued, that there is no provision under the related Manipur Education Code for placing the Governing Body of the Mayai Lambi College hereinafter referred to as Governing Body under suspended animation. Supporting this submission, the learned counsel has drawn my attention to Rule 27 (d) of Sectio...
Tag this Judgment!Panna Lal Saha Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jan-12-1999
D. Biswas, J. 1. The precise controversy that calls for adjudication in this writ petition relates to the selection process for admission of in-service candidates in North Eastern Regional Institute of Science & Technology (for short, NERIST). The State of Tripura is allotted a seat every year for admission of in-service candidate in the aforesaid Institute for prosecuting studies in Degree module course. The petitioner who is a diploma holder in Civil engineering was selected and sponsored for admission in the aforesaid course in the year 1997 as a State candidate of Government of Tripura. But the petitioner could not avail of the nomination in view of a writ petition filed by another candidate alleging that no proper circulation was made before the petitioner was selected. The Engineer-in-Chief, Public Works Department, Government of Tripura issued a memorandum on 7-8-98 inviting all Heads of offices to sponsor the names of willing candidates for consideration for admission to ...
Tag this Judgment!State of Assam and ors. Vs. Md. NizamuddIn Ahmed
Court: Guwahati
Decided on: Jan-11-1999
J.N. Sarma, J. 1. This appeal has been filed against the judgment and decree dated 16-3-1994 passed by the learned Assistant District Judge, Dhubri in Money suit No. 10 of 1987.2. A suit was filed for realisation of compensation damage for alleged illegal seizure of seeds and loss of business the claim was for an amount of Rs. 80,000/- with interest @ 18% till realisation with cost and other reliefs.3. The plaintiff being a seed merchant used tostore and sell seeds of different agricultural products such as jute, vegetables, oil seeds etc. The plaintiff also is a member of Indian Farmers Association. The name and style of the business of the plaintiff's was Hindusthan Seeds Company at Bilasipara under Dhubri District.4. On last 22-4-87 at 3 p.m. the defendant No. 6, O/c, Bilasipara Police Station by seizure list had taken possession of certain seeds from the shop of the plaintiff and seized some other seeds from the house of the plaintiff. The value of the goods so seized was claime...
Tag this Judgment!Shiv Kr. Pandit and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-08-1999
P.K. Patnaik, J. 1. In this batch of writ petitions, the petitioners have challenged the notification dated 18-10-96 issued by the Central Government in exercise of its powers under Sub-section (1) of Section 58 of the Motor Vehicles Act, 1988 specifying maximum gross vehicle weight and the maximum safe axle weight of each vehicle. 2. The case of the petitioners is that they owned vehicles of different makes and models and in the certificates of registration the maximum gross vehicle weights have been indicated. In accordance with the said maximum gross vehicle weights as indicated in the certificates of registration, the petitioners have paid road taxes and surcharge and have been plying the vehicles carrying loads. But by the notification dated 18-10-96 issued by the Central Government in purported exercise of its powers under Sub-section (l) of Section 58 of the Motor Vehicles Act, 1988 (for short 'the Act'), the Central Government has specified the maximum gross vehicle weight and...
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