Guwahati Court October 2001 Judgments
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Sh. Rohluma Vs. State of Mizoram
Court: Guwahati
Decided on: Oct-10-2001
B.B. Deb, J. 1. By this petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C. the petitioner assailed the order of conviction dated 30.8.2001 passed by the learned court of Magistrate 1st Class, Aizawl District, Aizawl in Criminal Trial (Ex) No. 174 of 2001 under Section 8(1) of MLTP Act, 1995 and also the revision order dated 13.9.2001 passed by the learned court of Additional District Magistrate (J), Aizawl in Criminal Revision No. 47 of 2001.2. Briefly, the petitioner was apprehended by the Excise personnel on 23.2.2001 at about 6.30 P.M. from his residence with sixteen polythene packs of rakzu (country-made liquor) having no permission for possessing the same. Prosecution was launched. The learned Magistrate vide order dated 12.3.2001 framed charge against the accused-petitioner who pleaded guilty. The learned Magistrate instead of recording conviction on that day itself, allowed the petitioner to be released on bail fixing 26.3.2001 for examinatio...
Monju Seal Vs. Secretary, Social Welfare, Women and Children Developme ...
Court: Guwahati
Decided on: Oct-10-2001
N.S. Singh, J.1. Upon hearing Mr. T. Siram, learned counsel for the petitioner and also Ms. G. Deka, learned Govt. Advocate for the State respondents as well as on perusal of the available materials on record, I am of the view that this matter can be disposed of at this stage considering the simple nature of the case and, accordingly, this writ petition is hereby disposed of with the following short order.2. The petitioner questioned the validity of the impugned transfer order dated 8.5.2001 by contending, inter alia, that her husband is working/serving at NERIST, Nirjuli whose service is not transferable and her husband is suffering from phy-choneusosis disorder and he has been under medical treatment at Tejpur Mental Hospital, Assam as well as Guwahati and, as such, a prolonged treatment is required for his full recovery and her presence at this stage is also extremely required with him for speedy recovery. Raising these points, the petitioner approached the Director of Social Welfar...
Santalal Mehendi Ratta (Huf) Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Oct-09-2001
Ranjan Gogoi, J.1. Heard Dr. A.K. Saraf, learned senior counsel assisted by Mr. S. Saikia, learned counsel for the petitioner. Also heard Mr. N.C. Phukan, learned State counsel.2. The instant writ petition is projected against an order dated 30.4.1996 passed by the Deputy Commissioner of Taxes, Tinsukia Zone, Tunsukia in exercise of suo motu revisional powers under Section 36(1) of the Assam General Sales Tax Act, 1993 (hereinafter referred to as the Act). By order dated 25.4.1991, the assessment of the petitioner for the period ending 30.9.1988 was completed by the Assessing Officer under Section 9(4) of the Assam Finance (Sales) Tax Act, 1956. The aforesaid assessment order was passed after taking into consideration the report submitted by the Inspector of Taxes acting under the provisions of the Act. Tax to the extent mentioned in the assessment order was assessed and recovered. Thereafter, it appears that a notice for reopening the aforesaid assessment under Section 18 of the Act,...
Mahendra Prasad Mehta Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Guwahati
Decided on: Oct-08-2001
1. This application under Section 19 of the Administrative Tribunals Act, 1985 has arisen and is directed against the action of the respondents for adhering to the sealed cover procedure in the matter of promotion of the applicant in the following circumstances.The applicant joined as an Officer in the Railway service and initially he was assigned to the Central Railway Cadre and subsequently transferred to the N.F. Railway. He was promoted to the Junior Administrative Grade on ad hoc basis in September 1996. The name for empanelment of Junior Administrative Grade came up for consideration in the year 1997. A panel was approved on 13.11.97. The case of the applicant was considered and kept in sealed cover. By order dated 1.12.97 the respondents appointed 35 officers belonging to the applicant's batch to officiate in Junior Administrative Grade from the date of their taking over the post. The applicant's name did not figure in the list. The applicant submitted representation before the...
Drupadi Deora and anr. Vs. State of Assam
Court: Guwahati
Decided on: Oct-05-2001
P.G. Agarwal, J.1. This appeal is directed against the judgment and order dated 29.9.2000 passed by the Addl. Sessions Judge, Dibrugarh in Sessions Case No, 13 of 1997 convicting the accused appellants u/s 304B, IPC and sentencing the accused Sri Ramesh Deorah to suffer imprisonment for life and sentencing the accused appellant Smti. Drupadi Deora to suffer rigorous imprisonment for seven years.2. Heard Mr. J.M. Choudhury, learned counsel for the appellants and Mrs. K.Deka, learned P.P., Assam assisted by Mr. K. Agarwal, learned counsel for the respondent.3. Brief facts of the case are as follows:-This is a case of tragic death of a house wife Kabita Devi Deora who sustained burn injuries on 15.2.1994 at about 11-30 AM at her in-law's place. The occurrence took place at a time when her cousin sister's marriage was being solemnised at a nearby place. The neighbours of the deceased informed the matter to the brother of Kabita and the victim was removed to Nursing Home at about 4 PM. The...
Subhas Ch. Roy Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Oct-05-2001
B.B. Deb, J. 1. By this writ petition under Article 226 of the Constitution of India, the petitioner seeks for issuing a writ of certiorari cancelling the final seniority list bearing No. F. 1 (203)-ICAT/86/ESTT/5815-33 dated 27.7.1990 and also for directing the fresh seniority list to be prepared placing the petitioner at serial No. 21 instead of his present position at serial No. 38 in the post of Forum Supervisor, subsequently to the redesignated post of Information and Cultural Officer under the Directorate of ICAT, Govt. of Tripura.2. The petitioner's case, in short, is that while the petitioner was serving being promoted in the post of Information Officer in the pay scale of Rs. 1700-3980, he along with as many as twenty-five other incumbents have been entertained against the re-designated post of Information & Cultural Officer w.e.f. 10.12.1987 vide Memo. No. F.6(1)-ICAT/87/ESTT/7514-44 dated 6.9.1990. Prior to amalgamation the posts of Forum Supervisor, Feature writer, Ass...
Th Dinesh Singh Vs. Suprintendent of Police and ors.
Court: Guwahati
Decided on: Oct-04-2001
A.K. Patnaik, J.1. The petitioner while working as Sub-Inspector of Reserve Police, Sekmai Police Station, was detailed for election duty in connection with the 13th Lok Sabha in the Outer Parliamentary Constituency of Manipur by order dated 26.9.1999 of the Superintendent of Police, Imphal West. By the said order, the petitioner was to be Commander of the Striking Reserve No. 6 consisting of 20 armed personnel of the 9th Bn. Manipur Rifles to be stationed at Sekmai Police Station which was re-deployed at Tungam village in Senapati District. In course of discharge of such duties, some armed men suspected to NSCN (IM) militants over-powered the party under the petitioner's command and took away the automatic weapons and ammunitions issued to the police personnel under his command on 4.10.1999. Disciplinary proceedings were initiated against the petitioner on the charges that he failed to discharge the duty expected from a trained Police Officer, and more so as Commander of the Striking...
Ranganath Mukharjee Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Oct-03-2001
A.H. Saikia, J.1. Heard Mr. P.R. Barman, learned counsel for the appellant and also heard Mr. D.K. Bhattacharjee, learned counsel appearing on behalf of the respondents.2. This Writ appeal is directed against the impugned Judgment and Order dated 8.1.1999 passed by the learned Single Judge in Civil Rule No. 305/96 by which the Writ Petitioin preferred by the appellant/Writ Petitioner was dismissed holding that the continuation of the Departmental Proceeding against the appellate was in accordance with law as well as since no penalty as laid down in Rule 11 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short, 'the Rules') was imposed on the appellant, the provisions of Rules 16(i)(d) and Rules 27(2) of the Rules, are not attracted and no procedural illegality or irregularity was committed by the Inquiry Officer.3. The facts, briefly stated, as emerged out from the pleadings of the parties, are that the appellant while serving as Asstt. Head-Master at A...
H. Dawngi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Oct-03-2001
H.K.K. Singh, J. 1. Heard Mr. A.R. Malhotra, learned counsel for the petitioner as well as Mr. B. sharma, learned Addl. CGSC appearing on behalf of the respondents. 2. Petitioner's husband, Hav. Dila Ram Gurung joined the service of Assam Rifles on 9.11.1935, retired from service on 1.5.1957 and subsequently died on 25.1.1986. Petitioner got married to Dilaram Gurung in the year 1941. After retirement, petitioner's husband was enjoying his retiral benefits including his monthly pension vide PPO No. CAR-17233; but on his death, petitioner approached the Assam Rifles authority for allowing her to receive family pension, however her request was rejected under letter dated 25.9.1986 (Annexure-IV) which reads as follows : 'No. 80025/8AR/F/11-P/94-56/NE25 Sept' 86 Smt. H. Dawngi Bungkawn (W) P.O. Aizawl (Mirozam) Pin-796001 APPLICATION FOR THE GRANT OF FAMILY PENSION TO THE FAMILY OF THE CENTRAL GOVT. EMPLOYEES WHO RETIRED OR DIED BEFORE 1.1.1964 OR OTHERWISE NOT RECOVERED BY THE FAMILY ...
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