Guwahati Court September 2000 Judgments
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Maharishi Vidya Mandir Guardian's Action Committee and anr. Vs. State ...
Court: Guwahati
Decided on: Sep-12-2000
1. The writ application has been filed by the Guardian Action Committee represented by its Co-Ordinator Shri Rajen Sarma. They are the Guardians of the students of Maharishi Vidya Mandir at Gauhati. The prayer made in the writ application is to quash the Circular dated 23.3.2000 and the revised Circular dated 18.4.2000 (Annexure-II and IV) and with prayer to arrange classes according to seniority of students in different floors. Annexure-II and IV are quoted below : In view of the general increase in prices and necessity for increasing emoluments of the staff due to upward revision of grades by the State & Central Government, it has become necessary to increase the fees charged in our Schools w.e.f. 1st April' 2000. The revised fee structures are given below and is to be followed strictly by our school w.e.f. 01-04-2000.Maharishi Vidya MandirSilpukhuri (Branch-I), GHY-3FEE STRUCTURE :CLASS-I to IICLASS-III to V(1)Annual Charge.1,200(1) Annual Charge.1,200(2)Quarterly Tuition Fee....
Tarajuli Tea Estate Vs. Presiding Officer, Labour Court and anr.
Court: Guwahati
Decided on: Sep-12-2000
J.N. Sharma, J. 1. I have heard Mr. S.N. Sarma, the learned Advocate for the petitioner and also heard Mr. A. Dasgupta, the learned Advocate for the respondent No. 2. 2. This writ application has been filed by the management challenging the legality and validity of the award dated August 30, 1994 passed in Reference Case No. 19/1993 by the Labour Court, Guwahati. The reference was made with regard to three issues. We are not concerned with all of them as the main question before us is Issue No. 1 which is quoted below: '1) Whether Shri Thomas Veeji is workman of Tarajuli Tea Estate?' 3. The Labour Court, on consideration of the materials on record, considered the matter in paragraphs 10, 11 and 12 and the finding in paragraph 12 is quoted below: 'After scrutinising evidence and documents on record it appears that although in the appointment letter it was mentioned that the workman was appointed as Superintendent. But in fact, he was a F Grade employee who was admittedly the workman u...
Mohan Lal Deb Roy Vs. Sub-divisional Officer and anr.
Court: Guwahati
Decided on: Sep-12-2000
1. Facts leading to the filing of the present writ petition in compendium are these Respondent No. 2 belonging to a member of Scheduled Tribe in the State of Tripura is the owner of land measuring 2.48 acres of Mouja Kanchanpur, Kamalpur, North Tripura, Jote No. 21, khatian No. 29, C.S. Plot No. 965/1184 measuring 1.60 acres and Jote No. 6, Khatian No. 10, C.S. Plot No. 46 measuring 0.88 acre. The 2nd respondent being a member of Scheduled Tribe community is forbidden to transfer his land to a member not belonging to Scheduled Tribe, except with previous permission by the Collector and after fulfilling all the requisite prescribed procedures as envisaged under the Act. A special provision has been made under Tripura State Land Revenue and Land Reforms Act in this regard which I shall be dealing in detail at appropriate time. On 10-4-1974 'an agreement for sale was executed between petitioner (who is not a member of Scheduled Tribe) an the respondent No.2 (a member of Scheduled Tribe)....
Union of India (Uoi) and anr. Vs. Mst. Azibun Nessa Khatun and ors.
Court: Guwahati
Decided on: Sep-12-2000
J.N. Sarma, J.1. This appeal has been filed by the defendants. The plaintiffs brought a suit being Title Suit No.43/89. The learned Munsiff No.2, Karimganj decreed the suit. An appeal being Title Appeal No. 16/93 was filed and that was dismissed by the learned District Judge, KarimganJ. Hence, this Second Appeal.2. During the pendency of the appeal respondent No. 1(e) died, but the heirs were not substituted. Looking to the matter I find that the estate is properly represented by other respondents on record. So the appeal has not abated.3. The brief facts are as follows:-That the plaintiff No. 1 is the owner of the Schedule land appertaining to Taluk 14875/186 Abul Md. and 14884/195 khow as Bakshi and some other land comprising some other taluks by mourashi right and the plaintiff Nos. 2 to 4 are his sons and the plaintiffs have right, title interest and possession over the suit land and they have been residing there since long years back. The homestead of the plaintiffs was originall...
Manager, Tarajuli Tea Estate Vs. Presiding Officer, Labour Court and a ...
Court: Guwahati
Decided on: Sep-12-2000
1. I have heard Mr. S.N. Sarma, the learned Advocate for the petitioner and also heard Mr. A. Dasgupta, the learned Advocate for the respondent No.2.2. This writ application has been filed by the Management challenging the legality and validity of the award dated 30.8.1994 passed in Reference Case No. 19/93 by the Labour Court, Guwahati. The reference was made with regard to three issues. We are not concerned with all of them as the main question before us is Issue No. 1 which is quoted below:-'(1) Whether Shri Thomas Veeji is workman of Tarajuli Tea Estate?' The Labour Court, on consideration of the materials on record, considered the matter in paragraphs-19, 11 & 12 and the finding in paragraph-12 is quoted below: -'After scrutinising the evidence and documents on record it appears that although in the appointment letter it was mentionedthat the workman was appointed as Superintendent. But in fact, he was a F Grade employee who was admittedly the workman under the Act in view o...
Mohan Lal Deb Roy Vs. Sub-divisional Officer and anr.
Court: Guwahati
Decided on: Sep-12-2000
1. Facts leading to the filing of the present writ petition in compendium are these Respondent No. 2 belonging to a member of Scheduled Tribe in the State of Tripura is the owner of land measuring 2.48 acres of Mouja Kanchanpur, Kamalpur, North Tripura, Jote No. 21, khatian No. 29, C.S. Plot No. 965/1184 measuring 1.60 acres and Jote No. 6, Khatian No. 10, C.S. Plot No. 46 measuring 0.88 acre. The 2nd respondent being a member of Scheduled Tribe community is forbidden to transfer his land to a member not belonging to Scheduled Tribe, except with previous permission by the Collector and after fulfilling all the requisite prescribed procedures as envisaged under the Act. A special provision has been made under Tripura State Land Revenue and Land Reforms Act in this regard which I shall be dealing in detail at appropriate time. On 10-4-1974 'an agreement for sale was executed between petitioner (who is not a member of Scheduled Tribe) an the respondent No.2 (a member of Scheduled Tribe). ...
Maharishi Vidya Mandir Guardian's Action Committee and anr. Vs. State ...
Court: Guwahati
Decided on: Sep-12-2000
1. The writ application has been filed by the Guardian Action Committee represented by its Co-Ordinator Shri Rajen Sarma. They are the Guardians of the students of Maharishi Vidya Mandir at Gauhati. The prayer made in the writ application is to quash the Circular dated 23.3.2000 and the revised Circular dated 18.4.2000 (Annexure-II and IV) and with prayer to arrange classes according to seniority of students in different floors. Annexure-II and IV are quoted below :'Annexure-IIMAHARISHI VIDYA MANDIRFEE STRUCTURE W.E.F. 1st April' 2000 Dated 23/03/2000 In view of the general increase in prices and necessity for increasing emoluments of the staff due to upward revision of grades by the State & Central Government, it has become necessary to increase the fees charged in our Schools w.e.f. 1st April' 2000. The revised fee structures are given below and is to be followed strictly by our school w.e.f. 01-04-2000. Maharishi Vidya MandirSilpukhuri (Branch-I), GHY-3FEE STRUCTURE :CLASS-I to IIC...
East India Consortium and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-11-2000
1. This writ application has been filed by a Firm petitioner No. 1 through its Proprietor No. 2 to quash the following: (i) The tender process initiated pursuant to the tender issued by the respondent No. 2 for purchase of Hand Held Search Light on rate contract. (ii) To quash the rate contract dated 25.2.2000 of the respondent No. 2 awarding rate contract for supply of Hand Held Search Light to the respondent No. 4. (iii) To issue the writ to the respondent No. 3 to complete and finalise the tender process initiated pursuant to the tender dated 28.9.1999. 2. The brief facts are as follows: The petitioner No. 1 is a proprietary firm. The respondent No. 3 issued a tender notice inviting tender on 28.9.1999 and the closing date of the said tender was fixed on 28.10.1999. The item which is concerned in this writ application is hand held search light and the said item is purchased centrally for various security forces of the Union as well as the State operating throughout the country. T...
Surendra Kumar Das and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-09-2000
A.K. Patnaik, J. 1. This is an appeal against the judgement and order dated20.5.1998 of the learned Single Judge in Civil Rule No. 5672/ 1997 dismissing the writ petition filed by the appellants. 2. The facts relevant for the purpose of disposal of this writ appeal are that the appellants No. 1, 2 and 4 are working as Subject Matter Specialist in the Department of Dairy Development, Government of Assam and the appellant No. 3 is working as Assistant Director in the said Department. In exercise of powers conferred under the proviso to Article 309 of the Constitution of India, the Governor of Assam has framed the Assam Animal Hushandry, Veterinary and Dairying Service Rules, 1988, (for short, 'the 1988 Rules'), which regulate the recruitment and conditions of service of members of the Assam Animal Husbandry, Veterinary and Dairying Service. Sub-rule (5) of rule 11 of the 1988 Rules provided that 25 % of the vacancies available in a year would be filled up by direct recruitment in all t...
Surendra Kumar Das and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-09-2000
A.K. Patnaik, J.1. This is an appeal against the judgement and order dated20.5.1998 of the learned Single Judge in Civil Rule No. 5672/ 1997 dismissing the writ petition filed by the appellants.2. The facts relevant for the purpose of disposal of this writ appeal are that the appellants No. 1, 2 and 4 are working as Subject Matter Specialist in the Department of Dairy Development, Government of Assam and the appellant No. 3 is working as Assistant Director in the said Department. In exercise of powers conferred under the proviso to Article 309 of the Constitution of India, the Governor of Assam has framed the Assam Animal Hushandry, Veterinary and Dairying Service Rules, 1988, (for short, 'the 1988 Rules'), which regulate the recruitment and conditions of service of members of the Assam Animal Husbandry, Veterinary and Dairying Service. Sub-rule (5) of rule 11 of the 1988 Rules provided that 25 % of the vacancies available in a year would be filled up by direct recruitment in all the p...
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