Guwahati Court August 2000 Judgments

Parama Nanda Deka Vs. Union of India (Uoi) and ors.

Court: Guwahati

J.N. Sarma, J.1. This writ petition depicts the highhanded and cavalier attitude on the part of the Commandant in throwing out the petitioner from service treating him as if he is a bonded labour or as if the petitioner is his personal employee. The petitioner herein joined Border Security Force (in short 'BSF) on 29.6.1981 as a Sepoy in 63 Bn BSF and he to the rank of Naik in 1993 and his last place of posting was a Khemkoran in the State of Punjab. The petitioner applied for 60 days leave in April, 1997 and his leave for those period was sanctioned by the authority on 4.5.1997 and pursuant thereto, petitioner handed over charges to his reliever. Sanctioning of the leave is admitted by the authority in para 7 of the affidavit-in-opposition. Para 7 is quoted below :'7.That with regard to the statement made in para 3 of the writ petition the deponent beg to state that the petitioner had applied for 60 days leave on 30.04,97 which was sanctioned by the competent authority on 1.5.1997. B...

Ram Prasad Sarma Vs. Mani Kumar Subba and ors.

Court: Guwahati

1. The petitioner in Election Petition No.l of 1999 was a candidate for No.9-Tezpur Parliamentary Constituency in the elections heldin September-October, 1999. In the said election the respondent No. 1 was declared elected on 7.10.1999 from the said Parliamentary Constituency. The petitioner has alleged in the Election Petition that the respondent No. 1, his agents and his people have resorted to large-scale rigging and booth capturing in different polling stations and have therefore adopted corrupt practice in the aforesaid election. Prayers have been made in the Election Petition to declare the election of the respondent No. 1 to be void, and to declare the petitioner to have been duly elected. A prayer has also been made in the Election Petition for re-counting of votes. On 4.1.2000, notices were issued to the respondents. After receiving notice, the respondent No.l has filed Misc. Case No. 28 of 2K with a prayer to dismiss the Election Petition under section 86 of the Representat...

Runu Rajkumari (Phukan) Vs. State of Assam and ors.

Court: Guwahati

1. This is an application under Article 226 of the Constitution relating to the claim of a Government servant of the Government of Assam for reimbursement of expenditure made by her for kidney transplantation and monthly expenses incurred by her for purchase of medicines etc. after the kidney transplantation.2. The relevant facts as stated in the writ petition are that the petitioner has been working as Assistant Teacher in Karanga Gazipuria High School, at Gajpuria, Jorhat, since 1.1.82. In the year 1992, the petitioner fell seriously ill and she was brought to the Gauhati Medical College & Hospital. Guwahati, on 5.5.92, where she was treated as indoor patient in the Nephrology Unit. At the Gauhati Medical College & Hospital, it was detected that the petitioner was suffering from chronic renal failure and that both her kidneys were damaged. At the time of her discharge on 9.5.92 from the Gauhati Medical College & Hospital, Gauhati, she was advised to come back after seven months with ...

Bappi Paul Vs. Ranjan Paul

Court: Guwahati

1. This is an application under section 24 of the Code of Civil Procedure, 1908, filed by the petitioner for transfer of Title Suit (Divorce) No. 62 of 1999 filed by the opposite party in the court of learned District Judge, West Tripura at Agartala in the State of Tripura to the court of learned District Judge, Cachar at Silchar in the State of Assam.2. The grounds indicaled in paragraphs 6 and 7 of the application for transfer of the aforesaid suit from the court of learned District Judge, West Tripura at Agartala to the Court of learned District Judge. Cachar at Silchar is that the petitioner-defendant is a lady without any financial resources and has no income of her own, and lives under the care of her parents. She is also not accustomed to moving alone by herself. Her father is about 60 years old and a sick person and there is no one except her minor younger brother to escort her to Agartala to attend the court. It has further been stated in paragraph-7 of the application that th...

Ram Prasad Sarma Vs. Mani Kumar Subba and ors.

Court: Guwahati

Reported in: AIR2001Gau59

1. The petitioner in Election Petition No.l of 1999 was a candidate for No.9-Tezpur Parliamentary Constituency in the elections heldin September-October, 1999. In the said election the respondent No. 1 was declared elected on 7.10.1999 from the said Parliamentary Constituency. The petitioner has alleged in the Election Petition that the respondent No. 1, his agents and his people have resorted to large-scale rigging and booth capturing in different polling stations and have therefore adopted corrupt practice in the aforesaid election. Prayers have been made in the Election Petition to declare the election of the respondent No. 1 to be void, and to declare the petitioner to have been duly elected. A prayer has also been made in the Election Petition for re-counting of votes. On 4.1.2000, notices were issued to the respondents. After receiving notice, the respondent No.l has filed Misc. Case No. 28 of 2K with a prayer to dismiss the Election Petition under section 86 of the Representatio...

Runu Rajkumari (Phukan) Vs. State of Assam and ors.

Court: Guwahati

1. This is an application under Article 226 of the Constitution relating to the claim of a Government servant of the Government of Assam for reimbursement of expenditure made by her for kidney transplantation and monthly expenses incurred by her for purchase of medicines etc. after the kidney transplantation.2. The relevant facts as stated in the writ petition are that the petitioner has been working as Assistant Teacher in Karanga Gazipuria High School, at Gajpuria, Jorhat, since 1.1.82. In the year 1992, the petitioner fell seriously ill and she was brought to the Gauhati Medical College & Hospital. Guwahati, on 5.5.92, where she was treated as indoor patient in the Nephrology Unit. At the Gauhati Medical College & Hospital, it was detected that the petitioner was suffering from chronic renal failure and that both her kidneys were damaged. At the time of her discharge on 9.5.92 from the Gauhati Medical College & Hospital, Gauhati, she was advised to come back after seven months with ...

R. Laldingliana Vs. State of Mizoram and ors.

Court: Guwahati

1. This petition has been filed by the petitioner Sri R. Laldingliana who is the senior most Surveyor in the Forest Department of Government of Mizoram. His prayer is for issue of an appropriate writ directing the respondents to review its decision taken in the D.P.C. meeting held on 29.4.1998 and to consider the case of the petitioner for promotion to the post of Forest Ranger against the vacancies reserved for the departmental candidates and to promote the petitioner to the post of Forest Ranger with effect from the date on which his senior colleagues in the Cadre of Surveyor have been promoted as Forest Ranger. 2. I have heard Mr. George Raju, learned counsel for the writ petitioner and also Mr. N. Sailo, the learned State counsel. 3. It is an admitted fact that there were altogether nine vacant posts of Forest Ranger out of which seven posts were to be filled up by direct recruitment and two posts by promotion. The respondent authority advertised the posts for direct recruitment ...

Naba Welly and ors. Vs. State of Assam and anr.

Court: Guwahati

1. This is an application under Section 407 of the Criminal Procedure Code (hereinafter referred to as 'the Act') for transferring the case from Civil Judge (Senior Division) Sonitpur to District Magistrate, Seppa East Kameng (Arunachal Pradesh) on the ground that the accused and the complainant both reside within the jurisdiction of Arunachal Pradesh. Although the occurrence has taken place in this case within the Jurisdiction of Sessions Court, Sonitpur and in normal circumstances only that Court would have the jurisdiction to try the offence, yet Section 407 of the Code empowers the High Court to transfer cases and appeals when it is made to appear to the High Court that an order under the aforesaid section is required or would tend to the general convenience of the parties or witnesses or is expedient for the ends of justice. The relevant section is reproduced below: - 407. Power of High Court to transfer cases and appeals. -(1) Whenever it is made to appear to the High Court: (a...

Suryakant M. Parekh Vs. Bhagwatiprasad H. Jani and ors.

Court: Guwahati

J.N. Bhatt, J.1. In this appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the old Act'), the appellant-original claimant has challenged the quantum awarded for personal injuries to him in M.A.C.P. No. 293 of 1979 by the Motor Accident Claims Tribunal (Main), Mehsana, under which he came to be awarded an amount of Rs. 1,32,000/- with running interest at the rate of 6% p.a. from the date of application till the date of realisation against the claim of Rs. 2 lakhs.2. After having taken into account the facts and circumstances emerging from the record in general and the medical evidence in particular, age, avocation of the claimant, nature and number of injuries, period and length of treatment in three different hospitals including two at Mumbai, expenditure, physical impairment sustained by the claimant, we are of the opinion that the amount claimed, originally in the petition, is quite reasonable and the Tribunal, in restricting the amount to Rs. 1...

R. Laldingliana Vs. State of Mizoram and ors.

Court: Guwahati

1. This petition has been filed by the petitioner Sri R. Laldingliana who is the senior most Surveyor in the Forest Department of Government of Mizoram. His prayer is for issue of an appropriate writ directing the respondents to review its decision taken in the D.P.C. meeting held on 29.4.1998 and to consider the case of the petitioner for promotion to the post of Forest Ranger against the vacancies reserved for the departmental candidates and to promote the petitioner to the post of Forest Ranger with effect from the date on which his senior colleagues in the Cadre of Surveyor have been promoted as Forest Ranger.2. I have heard Mr. George Raju, learned counsel for the writ petitioner and also Mr. N. Sailo, the learned State counsel.3. It is an admitted fact that there were altogether nine vacant posts of Forest Ranger out of which seven posts were to be filled up by direct recruitment and two posts by promotion. The respondent authority advertised the posts for direct recruitment and ...