Guwahati Court November 2000 Judgments
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Dr. Ashis Kr. Rakshit Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Nov-23-2000
ORDERD. Biswas, J.1. This appeal is directed against the judgment and order dated 19.9.2000 passed by the learned Single Judge in W.P.(C) No.412/ 2000.2. The appellant herein, as writ petitioner, filed the aforesaid writ petition challenging his order of transfer from I.G.M. Hospital, Agartala to Kanchanpur Hospital vide Annexure-2 to the writ petition. The said transfer order was challenged mainly on theground that he is an M.D. in Obstetrics and Gynaecology and this degree he obtained on being deputed by the State Government on the promise that after getting the training at the A1IMS he will be suitably employed by the sponsoring authority to work in the speciality in which training was provided at the AIIMS.3. We have heard Mr. D.K. Biswas, the learned counsel appearing for the appellant. Also heard Mr. U.V. Saha, the learned senior Govt. Advocate assisted by Mr. T.D, Majumder, Advocate for the respondents.4. Before we deal with the prime question involved in this case, it would be ...
R.L. Rikhye Vs. State of Assam and anr.
Court: Guwahati
Decided on: Nov-21-2000
1. This is an application under Section 482 Cr.P.C. for setting aside and quashing the proceedings in CR Case No. 514/92 pending in the court of SDJM, Biswanath Chariali and the impugned order dated 26.8.1992 passed therein as against the accused petitioner No. 1 Shri R.L. Rikhye, Director, George Williamson (Assam) Ltd. 2. I have heard Mr. S.N. Sarma, learned counsel appearing for the petitioner and Mr. J. Singh, learned PP, Assam appearing for the State Respondents. 3. This case arose out of a complaint filed by the Respondent No. 2 Medical Inspector under the Plantation Labour Act. 1951 before the SDJM. Biswanath Chariali on 25.8.1992 stating, inter alia, that on 5.6.1992 he inspected Boroi Tea Estate and found that the petitioner Sri R. L. Rikhye along with Mr. B.C. Saikia, Manager, Boroi Tea Estate violated Sections 26 and 27 of the Plantation Labour Act. 1951 by failing to produce certificate of fitness for non-adult worker of the plantation and also violated the provisions of...
R.L. Rikhye Vs. State of Assam and anr.
Court: Guwahati
Decided on: Nov-21-2000
1. This is an application under Section 482 Cr.P.C. for setting aside and quashing the proceedings in CR Case No. 514/92 pending in the court of SDJM, Biswanath Chariali and the impugned order dated 26.8.1992 passed therein as against the accused petitioner No. 1 Shri R.L. Rikhye, Director, George Williamson (Assam) Ltd. 2. I have heard Mr. S.N. Sarma, learned counsel appearing for the petitioner and Mr. J. Singh, learned PP, Assam appearing for the State Respondents.3. This case arose out of a complaint filed by the Respondent No. 2 Medical Inspector under the Plantation Labour Act. 1951 before the SDJM. Biswanath Chariali on 25.8.1992 stating, inter alia, that on 5.6.1992 he inspected Boroi Tea Estate and found that the petitioner Sri R. L. Rikhye along with Mr. B.C. Saikia, Manager, Boroi Tea Estate violated Sections 26 and 27 of the Plantation Labour Act. 1951 by failing to produce certificate of fitness for non-adult worker of the plantation and also violated the provisions of Rul...
Yaruingam Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Nov-14-2000
1. Heard Mr. R. Daniel, learned counsel assisted by Mr. U. Duidang, learned counsel for the petitioners and also Mr. L. Shyamkishore Singh, learned Sr. Counsel assisted by Mr. K. Jagat Singh, learned counsel for the respondent Nos. 1, 2, and 5 as well as Mr. R.K. Jayentakumar Singh, learned Addl. Govt. Advocate for the State respondent Nos. 3 and 4. 2. In this Writ Petition, the petitioners made a prayer for a direction to the respondents to appoint or to give posting of adequate number of teachers to meet the needs of the students of Soraphung Govt. J.B. School and to provide necessary aminities like sufficient class rooms for the students numbering about 200 and for giving status of a full fledged Govt. J.B. School by contending inter alia, that the petitioner No. 1 is the Headman of Soraphung Village and the petitioner No. 2 is a student reading in Class V in the said School being represented by the petitioner No. 1. The said School was establishing in the year 1986 and is located...
Yaruingam Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Nov-14-2000
1. Heard Mr. R. Daniel, learned counsel assisted by Mr. U. Duidang, learned counsel for the petitioners and also Mr. L. Shyamkishore Singh, learned Sr. Counsel assisted by Mr. K. Jagat Singh, learned counsel for the respondent Nos. 1, 2, and 5 as well as Mr. R.K. Jayentakumar Singh, learned Addl. Govt. Advocate for the State respondent Nos. 3 and 4.2. In this Writ Petition, the petitioners made a prayer for a direction to the respondents to appoint or to give posting of adequate number of teachers to meet the needs of the students of Soraphung Govt. J.B. School and to provide necessary aminities like sufficient class rooms for the students numbering about 200 and for giving status of a full fledged Govt. J.B. School by contending inter alia, that the petitioner No. 1 is the Headman of Soraphung Village and the petitioner No. 2 is a student reading in Class V in the said School being represented by the petitioner No. 1. The said School was establishing in the year 1986 and is located at...
thethem Kipgen Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Nov-13-2000
A.K. Patnaik,J.1. In this Habeas Corpus Petition under Article 226 of the Constitution the petitioner has prayed for releasing the detenu Sri Seikam Kipgen of Kangpokpi Bazar from detention under the National Security Act, 1980 (for short the Act, 1980) and for quashing the detention order dated 30.4.2000, 9.5.2000 and 31.5.2000 (Annexures A/1, A/3 and A/4 respectively).2. The relevant facts for disposal of this writ petition very briefly are that by order dated 30th April, 2000 passed by the District Magistrate, Senapati District, Senapati Sri Seikam Kipgen @ Sir Patrick Henry who is the husband of the petitioner was detained under the Act, 1980. The grounds of detention were prepared by the District Magistrate, Senapati on 5.2.2000. The case of the petitioner is that the said grounds of detention were served on the aforesaid detenu on 7.5.2000.3. Mr. A. Nilmoni, learned counsel for the petitioner submitted that under Sub-section 1 of Section 8 of the Act, 1980, when a person is deta...
Hindustan Paper Corporation Ltd. and ors. Vs. Suresh Ch. Prasad and or ...
Court: Guwahati
Decided on: Nov-09-2000
J.N. Sarma, J. 1. This appeal has been filed by the defendant and it is against the judgment and decree dated November 20, 1998 passed by the learned Civil Judge. Sr. Division No. I Hailakandi in TS 44/92. 2. The respondents herein filed a suit before the learned Civil Judge with the following reliefs; i) declaring that the plaintiffs are eligible for and entitled to be promoted to the upper supervisory pay scale of Rs. 2150-3850/-p.m. of the 2-Tier clubbed posts with all requisite benefits as per the existing corporation rules from the existing lower supervisory pay scale of Rs. 2000-3440/-p.m. ii) declaring that the plaintiff's are entitled to get proper house rent, annual increments and leave benefits for the existing post of service with retrospective effects i.e. January 1, 1987 as other non-technical promotee supervisors of the Corporation on the same pay scale. iii) declaring that the non-submissions of the names of the eligible plaintiffs for due recommendation for promotion, ...
Ram Sing Ronghang Vs. Karbi Anglong Autonomous Council and ors.
Court: Guwahati
Decided on: Nov-08-2000
1. These are two writ petitions filed under Article 226 of the Constitution of India relating to removal of a Member of the Executive Committee of the Karbi Anglong Autonomous Council (hereinafter referred to as 'the Council') and appointment of a Member to the Executive Committee of the said Council in his place. Since common questions of fact and law arise in these writ petitions, they are being disposed of by this common judgment. 2. The relevant facts briefly are that on 18.7.1996 nine members ofthe Executive Committee of the Council including the petitioner in Civil Rule No. 4711/98, Sri Ram Sing Ronghang, were appointed by notification issued by orders of the Governor of Assam. Sri Ram Sing Ronghang was given charge of the Food & Civil Supplies Department along with other Departments. Thereafter, differences arose between Sri Ram Sing Ronghang and the Chief Executive Member of the Council, and a notification was issued on 2.12.1997 by the Chief Executive Member of the Council r...
State of Assam and ors. Vs. Eastern Concrete Industry
Court: Guwahati
Decided on: Nov-07-2000
N.C. Jain, C.J. (Acting) 1. This appeal has been directed against the judgment and decree of the Assistant District Judge No. 1, Cachar, Silchar. decreeing the suit of the plaintiff for a sum of Rs. 3,60.594/- with 21% interest from the date of filing the suit till realisation of the decretal amount. The State of Assam has come up in appeal against the aforesaid Judgment and decree of the trial court. 2. The counsel for the decree-holder has taken up a preliminary objection, but we are of the considered opinion that it will be necessary to have a look at the pleadings of the parties before discussing preliminary objection. 3. The plaintiff averted in the plaint that it is a registered partnership firm and a small scale industrial undertaking. Paragraph 1 of the plaint is reproduced below :- That the plaintiff is a registered partnership firm and a small scale industrial undertaking as defined under the provisions of the Interest on Delayed Payments to Small Scale & Ancillary Ind...
Dalbir Singh Bisht Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Nov-07-2000
P.G. Agarwal, J. 1. Heard Mr. K. P. Sarma, learned Senior Advocate for the petitionerand Mr. P. Choudhury, learned Senior Central Govt. StandingCounsel for the Union of India.2. In this application under Article 226 of the Constitution of India, the petitioner has challenged the order dated 21.8.1993 passed by the Colonel Commandant, 29th Assam Rifles, whereby the petitioner was dismissed from service.3. The undisputed facts are that on the night of 14/ 15th January, 1993 the petitioner Dalbir Singh Bisht, a Naik under the Assam Rifle was detailed for Guard duty at Gate No. 2 of the Headquarter of the Assam Rifles. On that night itself the service weapons, i.e. a rifle 7.62 mm SLR along with cartridges issued to the petitioner was found missing. Thereafter a preliminary enquiry was held and the petitioner was tried for the commission of the offence under Section 7(k) of the Assam Rifles Act, 1941. The petitioner was found guilty and he was sentenced to imprisonment in civil jail for...
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