Guwahati Court September 2000 Judgments
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A. Bimala Singha Vs. United Bank of India and ors.
Court: Guwahati
Decided on: Sep-06-2000
P.G. Agarwal, J. 1. This is an application under Article 226/227 of the Constitution of India against the order dated 28.4.2000 passed by the Assam Board of Revenue, Guwahati in case No. 2 BA(C)/98.2. The facts, in brief, leading to the present petition are that respondent United Bank of India, Sonai Branch at Sonai granted a bank loan of Rs. 20,000 to the present petitioner Smti. A. Bimala Singha under the self-employment for Educated Unemployed Scheme, 1988-89. For alleged non-payment of the said loan, the bank applied for and obtained a certificate under Bengal Public Demands Recovery act, for short, the Act. The petitioner filed a written objection stating interalia that the claim is barred by limitation and the amount is not recoverable under the Act in the absence of any written agreement in between the parties. The Certificate Officer, Cachar, Silchar vide order dated 8.11.1996 passed the Certificate Case No. 1543/95-96 dismissed case by observing as follows :- 'C.D.'s engaged...
Gautam Bahri Vs. Psc Engineers Private Ltd. and ors.
Court: Guwahati
Decided on: Sep-06-2000
J.N. Sarma, J. 1. This Writ Appeal has been filed challenging the legality and validity of the judgment dated 7.7.2000 passed by the learned Single Judge in W.P.(C) No.109 of 2000. 2. The brief facts are as follows:- On 31st March, 1999 a notice was issued in the Statesman regarding Notice Inviting Tender. It was for supply, erection, testingand commissioning of 132/33 KV, IX15 M.V.A. Sub-Station at Purba Kanchanbari in North Tripura District. There were three other works mentioned in the Notice, but we are not concerned with that. In the tender notice it was specifically mentioned that tenders are invited from the eligible enlisted contractors/agencies of appropriate class having experience in similar nature of works in the Department of Power, Tripura or under any State Electricity Department in the adjoining States. It was further stated that the tender form will be sold to those only who have got experience in similar nature of Job. 'Clause 03' of the tender notice provides as fol...
Ganesh Chandra Baruah and ors. Vs. Union of India and ors.
Court: Guwahati
Decided on: Sep-06-2000
1. Heard Mr. A. Dasgupta, learned counsel for the petitioners and Ms. B. Dutta, learne counsel for the respondents - Hindustan Fertilizer Corporation Ltd.2. By this common judgment both the Civil Rule No. 6451/98 and WP(C) no. 2822/99 are being disposed of as common question of facts and law arises in both the cases.3. Three writ petitioners were serving in Hindustan Fertilizer Corporation Ltd. (hereinafter referred to as 'HFC') which is a Govt. of India Undertaking. The age of retirement in the public sector undertakings was 58 years and vide office memorandum No. 20.5.1998 it was enhanced to 60 years. The three writ petitioners, therefore, approached this Court in Civil Rule No. 6451/98 for a direction that they should be allowed to continue till attaining the age of 60 years. Some interim order was passed by this Court. The respondent - HFC contested the matter by filing written statement stating, inter alia, that HFC is a sick organisation and in view of subsequent office memorandu...
Gautam Bahri Vs. Psc Engineers Private Ltd. and ors.
Court: Guwahati
Decided on: Sep-06-2000
J.N. Sarma, J.1. This Writ Appeal has been filed challenging the legality and validity of the judgment dated 7.7.2000 passed by the learned Single Judge in W.P.(C) No.109 of 2000.2. The brief facts are as follows:-On 31st March, 1999 a notice was issued in the Statesman regarding Notice Inviting Tender. It was for supply, erection, testingand commissioning of 132/33 KV, IX15 M.V.A. Sub-Station at Purba Kanchanbari in North Tripura District. There were three other works mentioned in the Notice, but we are not concerned with that. In the tender notice it was specifically mentioned that tenders are invited from the eligible enlisted contractors/agencies of appropriate class having experience in similar nature of works in the Department of Power, Tripura or under any State Electricity Department in the adjoining States. It was further stated that the tender form will be sold to those only who have got experience in similar nature of Job. 'Clause 03' of the tender notice provides as follows...
Surender Kumar Das and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-06-2000
A.K. Patnaik, J.1. This is an appeal against the judgment and order dated 20.5.1998 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 Diary 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 Husbandry, 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 prom...
Chandra Prova Sinha Vs. Union Territory of Mizoram and ors.
Court: Guwahati
Decided on: Sep-05-2000
1. This petition under Article 226 and 227 of the Constitution of India was filed by Kunjeswar Sinha an ex-Inspector of Police. He died during the pendency of the writ petition and his wife has been brought as legal representative. 2. The order of Inspector General of Police, Mizoram has been challenged in this petition which has been attached as Annexure-VIII, the order reads as under : 'Whereas Inspr. Kunjeswar Sinah, Inspector of Police, Lunglei has been placed under suspension w.e.f. 13.1.1997 (FN) since a criminal case was registered against him vide FIR No. 2(1) 77 u/s 161 I.P.C. r/w sec. 5(2) Prevention of Corruption Acts. And whereas the said accused Inspr. Kunjeswar sinha has been discharged from the case under sec. 239 Cr.P.C. by the Special Judge for Mizoram, Silchar On a careful consideration of the judgment aforesaid, the undersinged holds that the suspension was not wholly unjustified and, therefore, considers that the period of suspension may be treated as non-duty and...
Narayan Ch. Ghosh Vs. National Insurance Co. Ltd.
Court: Guwahati
Decided on: Sep-05-2000
1. I have heard Mr. S Deb, learned senior counsel for the appellant. None appears for the respondents.2. This appeal has been filed against the judgment dated 13.6.1995 passed by the Member, Motor Accident Claims Tribunal, South Tripura, Udaipur in Case No. T.S. (MAC) 10 of 1994.3. The admitted position in this case is that there was an accident on 18.9.1993 while the claimant-appellant was coming to Agartala from Udaipur. It is further admitted that because of the accident the claimant-appellant suffered a fracture in his left forearm and he was on leave for a period of 74 days. It is the further admitted position that the claimant-appellant was treated at G.B. Hospital, Agartala where this fracture was plastered. Some other cases arising out of this accident were settled in the Lok Adalat on 3.5.1995, but this case would not be settled as the parties did not appear. The learned Tribunal on consideration of materials on record awarded a sum of Rs. 5,500. Even no interest was paid.4. T...
Narayan Ch. Ghosh Vs. National Insurance Co. Ltd.
Court: Guwahati
Decided on: Sep-05-2000
1. I have heard Mr. S Deb, learned senior counsel for the appellant. None appears for the respondents.2. This appeal has been filed against the judgment dated 13.6.1995 passed by the Member, Motor Accident Claims Tribunal, South Tripura, Udaipur in Case No. T.S. (MAC) 10 of 1994.3. The admitted position in this case is that there was an accident on 18.9.1993 while the claimant-appellant was coming to Agartala from Udaipur. It is further admitted that because of the accident the claimant-appellant suffered a fracture in his left forearm and he was on leave for a period of 74 days. It is the further admitted position that the claimant-appellant was treated at G.B. Hospital, Agartala where this fracture was plastered. Some other cases arising out of this accident were settled in the Lok Adalat on 3.5.1995, but this case would not be settled as the parties did not appear. The learned Tribunal on consideration of materials on record awarded a sum of Rs. 5,500. Even no interest was paid.4. T...
Chandra Prova Sinha Vs. Union Territory of Mizoram and ors.
Court: Guwahati
Decided on: Sep-05-2000
1. This petition under Article 226 and 227 of the Constitution of India was filed by Kunjeswar Sinha an ex-Inspector of Police. He died during the pendency of the writ petition and his wife has been brought as legal representative.2. The order of Inspector General of Police, Mizoram has been challenged in this petition which has been attached as Annexure-VIII, the order reads as under :'Whereas Inspr. Kunjeswar Sinah, Inspector of Police, Lunglei has been placed under suspension w.e.f. 13.1.1997 (FN) since a criminal case was registered against him vide FIR No. 2(1) 77 u/s 161 I.P.C. r/w sec. 5(2) Prevention of Corruption Acts. And whereas the said accused Inspr. Kunjeswar sinha has been discharged from the case under sec. 239 Cr.P.C. by the Special Judge for Mizoram, Silchar On a careful consideration of the judgment aforesaid, the undersinged holds that the suspension was not wholly unjustified and, therefore, considers that the period of suspension may be treated as non-duty and he ...
Rohit Purkayastha and ors. Vs. Board of Secondary Education, Assam and ...
Court: Guwahati
Decided on: Sep-04-2000
Brijesh Kumar, C.J.1. These appeals are preferred against the judgment and order dated 21.7.2000 passed by the learned Single Judge in WP(C) No. 3617/ 2000. It appears that several writ petitions were disposed of by a common order.2. We have heard Shri N. Dutta, learned counsel for the appellants and Shri T.C. Chutia, learned counsel appearing for the Board of Secondary Education, Assam.3. The grievance which had been raised by the petitioners in the writ petition related to marks as allotted to them in practical paper in the subject of Fine Arts. According to the appellants, there is suspicion of under marking in the above noted paper. Certain averments have been made indicating the reasons. But at the very outset it may be indicated that it is not necessary to go into the reasons. The facts, however, which according to the petitioners, led to the inference of general under marking in the practical paper of Fine Arts are the most of the students who appeared in the said examination f...
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