Guwahati Court December 2000 Judgments

Chayan Dasgupta Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

J.N. Sarma, J.1. This application has been filed by an employee of the Arunachal Pradesh State Cooperative Apex Bank Limited (respondent No.2). The grievance of the petitioner is that though he was eligible for promotion, his case for promotion has not been considered by the authorities. Earlier, the petitioner was removed from service and that order being found illegal, this Court in Civil Rule No. 1387/88 quashed the said order of termination and subsequently the order passed by the Single Judge was upheld in Writ Appeal No. 133/93. Thereafter, the petitioner was reinstated in service. The only ground taken by the respondent No.2 - Bank in this Civil Rule is that the case of the petitioner for promotion was not considered as earlier he was removed from service. That cannot be a ground inasmuch as right to be considered for promotion is fundamental right if he comes within the zone of consideration and the Apex Court has also laid down laws to that effect in Lt. Governor of Delhi and...

PrabIn Goswami Vs. State of Assam

Court: Guwahati

1. This Revision is directed against the judgment and order dated 11.3.93 passed by the learned Additional Sessions Judge, Jorhat dismissing the Criminal Appeal No. 32 of 1992 preferred by the accused-petitioner against his conviction and sentence passed in G.R. Case No. 2073/87 by the learned first class Judicial Magistrate U/S 406 IPC.2. The learned Judicial Magistrate sentenced him under section 406 IPC to 2 years rigorous imprisonment and also to pay fine of Rs. 2,000 in default to further 3 months simple imprisonment.3. I have heard Mr. D.C. Mahanta, learned senior counsel for the accused-petitioner and also Ms. K Deka, learned Public Prosecutor, Assam appearing for the State respondent. I have also considered the records of the case.4. The prosecution case in brief is that the accused Prabin Goswami during his tenure as President of Simaluguri Gaon Panchayat Samabai Samitee, collected on behalf of the said society, Tripti Banaspati valued about Rs. 1,84,025.00 from Banaspati Pla...

PrabIn Goswami Vs. State of Assam

Court: Guwahati

1. This Revision is directed against the judgment and order dated 11.3.93 passed by the learned Additional Sessions Judge, Jorhat dismissing the Criminal Appeal No. 32 of 1992 preferred by the accused-petitioner against his conviction and sentence passed in G.R. Case No. 2073/87 by the learned first class Judicial Magistrate U/S 406 IPC.2. The learned Judicial Magistrate sentenced him under section 406 IPC to 2 years rigorous imprisonment and also to pay fine of Rs. 2,000 in default to further 3 months simple imprisonment.3. I have heard Mr. D.C. Mahanta, learned senior counsel for the accused-petitioner and also Ms. K Deka, learned Public Prosecutor, Assam appearing for the State respondent. I have also considered the records of the case.4. The prosecution case in brief is that the accused Prabin Goswami during his tenure as President of Simaluguri Gaon Panchayat Samabai Samitee, collected on behalf of the said society, Tripti Banaspati valued about Rs. 1,84,025.00 from Banaspati Plan...

Bimen Bordoloi Vs. State of Assam and ors.

Court: Guwahati

1. Heard Dr. Y K Phukan, learned counsel for the petitioner and Mr. VM Thomas, learned counsel for the respondent Nos. 5 and 6.2. The petitioner Shri Rimen Bordoloi was initially appointed as lecturer in the department of Zoology at Sibsagar College for a period of 3 months w.e.f. 19.1.1990 on consolidated pay. The said temporary appointment was extended from time to time and while he was working, he was appointed as a temporary lecturer to fill up a lien vacancy upto 12.6.1991 on approved scale of pay subject to the approval of D.P.I. Thereafter, the Inspector of Colleges approved the appointment of the petitioner on a Hen vacancy from 13.6.1991 to 12.6.1992. The said vacancy arose when Dr. SP Biswas, Professor in the department of Zoology opted to proceed to Dibrugarh University. Later on, Dr. Biswas informed the authority that he is not returning back. After expiry of the said appointment, petitioner was again appointed as temporary lecturer with effect from 16.12.1992 (Annexure-7 ...

Fakir Chand Vs. State of Assam and ors.

Court: Guwahati

N.C. Jain, C.J. 1. This Writ Appeal was has been filed against the Judgment of the learned Single Judge granting compensation in the sum of Rs. 70,000.00 to the appellant, Fakir Chand, on account of the death of his wife, who died of electrocution as she came in contact with a snapped conductor. 2. The Writ Appeal is fixed for admission. We have thought it appropriate to dispose of the same on merits as both the counsel for the parties are present before us. 3. The learned Single Judge recorded a finding that there was negligence on the part of the Assam State Electricity Board (ASEB). The counsel for the appellant has vehemently argued that the woman being aged about 35 years and a housewife, her services were quite useful not only to the husband, but to her children as well and for that reason the compensation amount of Rs. 70,000.00 is on the lower side. 4. Mr. N.N. Saikia, the counsel for the ASEB, on the other hand, while opposing the prayer for enhancement, has with equal vehe...

Fakir Chand Vs. State of Assam and ors.

Court: Guwahati

Reported in: II(2001)ACC722,I(2002)ACC555,2002ACJ555

N.C. Jain, C.J. 1. This Writ Appeal was has been filed against the Judgment of the learned Single Judge granting compensation in the sum of Rs. 70,000.00 to the appellant, Fakir Chand, on account of the death of his wife, who died of electrocution as she came in contact with a snapped conductor. 2. The Writ Appeal is fixed for admission. We have thought it appropriate to dispose of the same on merits as both the counsel for the parties are present before us. 3. The learned Single Judge recorded a finding that there was negligence on the part of the Assam State Electricity Board (ASEB). The counsel for the appellant has vehemently argued that the woman being aged about 35 years and a housewife, her services were quite useful not only to the husband, but to her children as well and for that reason the compensation amount of Rs. 70,000.00 is on the lower side. 4. Mr. N.N. Saikia, the counsel for the ASEB, on the other hand, while opposing the prayer for enhancement, has with equal vehemen...

Niranjan Sarkar and anr. Vs. Swapna Dam and anr.

Court: Guwahati

1. 1. This is an application under section 114 of the Code of Civil Procedure, 1908, for review of the judgment and decree passed by this court on 2.5.1997 in Second Appeal No.30 of 1993. 2. The relevant facts for disposal of this review application briefly are that the respondent No.1 filed a suit for declaration of right, title and interest in the suit land for recovery of khas possession and perpetual injunction against the petitioners. The petitioners contested the said suit pleading, inter alia, in the written statement that the respondent No.1 had transferred the possession of the suit land to the petitioners in pursuance of a contract for sale and that the petitioners had legal and valid title to retain possession of the suit land, and to enforce the said contract for sale. The trial court after recording the evidence decreed the suit by judgment and decree dated 15.9.1992. The petitioners preferred an appeal, but the said appeal was also dismissed by the first appellate court...

Ashis Kumar Banik Vs. Tripura Co-operative Land Development Bank Ltd. ...

Court: Guwahati

1. In this application under Article 226 of the Constitution of India, the petitioner has prayed for quashing the order dated 13.12.1993 terminating his services as a Junior Grade Stenographer in the Tripura Co-operative Land Development Bank Limited, (hereinafter referred to as 'the Co-operative Bank'). 2. The relevant facts for the purpose of disposal of this writ petition briefly are that by Memorandum dated 15.12.1992 issued by the Administrator of the Co-operative Bank, the petitioner was offered appointment to a temporary post of Junior Grade Stenographer in the Co-operative Bank on the terms and conditions indicated therein. The petitioner accepted the said offer and by order dated 23.12.1992 of the Administrator of the Co-operative Bank the petitioner was temporarily appointed as Junior Grade Stenographer in the Co-operative Societies. Tripura, then addressed a letter dated 2.11.1993 to the General Manager of the Co-operative Bank. The petitioner joined in the said post of Ju...

Haripada Saha and anr. Vs. State of Tripura and ors.

Court: Guwahati

1. In these two writ petitions under Article 226 of the Constitution, the petitioners have prayed for directions on the respondents to pay compensation for the damage caused to their eyes at the Dr. B.R. Ambedkar Memorial Hospital at Hapania, in West Tripura. 2. The relevant facts as stated in the writ petitions are that the two petitioners in Civil Rule No. 514/96 were admitted in the Hospital on 17.6.1996 and their left eyes were operated by the Medical Officers of the said Hospital on 18.6.1996 and they were discharged from the said Hospital on 21.6.1996. The petitioner No. 1 in Civil Rule No. 557/96 was admitted in the Hospital on 18.6.1996 and his left eye was operated on 19.6.1996 by the Medical Officer and he was discharged on 21.6.1996. The petitioner No. 2 in Civil Rule No. 557/96 was admitted in the Hospital on 11.6.1996 and her left eye was operated on 12.6.1996 and she was discharged form hospital on 24.6.1996. The petitioner No. 3 in Civil Rule No. 557/ 96 was admitted o...

Ashis Kumar Banik Vs. Tripura Co-operative Land Development Bank Ltd. ...

Court: Guwahati

JUDGMENT 1. In this application under Article 226 of the Constitution of India, the petitioner has prayed for quashing the order dated 13.12.1993 terminating his services as a Junior Grade Stenographer in the Tripura Co-operative Land Development Bank Limited, (hereinafter referred to as "the Co-operative Bank"). 2. The relevant facts for the purpose of disposal of this writ petition briefly are that by Memorandum dated 15.12.1992 issued by the Administrator of the Co-operative Bank, the petitioner was offered appointment to a temporary post of Junior Grade Stenographer in the Co-operative Bank on the terms and conditions indicated therein. The petitioner accepted the said offer and by order dated 23.12.1992 of the Administrator of the Co-operative Bank the petitioner was temporarily appointed as Junior Grade Stenographer in the Co-operative Societies. Tripura, then addressed a letter dated 2.11.1993 to the General Manager of the Co-operative Bank. The petitioner joined in the said pos...