Guwahati Court May 2001 Judgments
Kabita Deb Vs. State of Tripura and ors.
Court: Guwahati
Decided on: May-31-2001
A.M. Saikia. J.1. Heard Mr. A.K. Bhowmick, learned senior counsel, assisted by Mr. S. Ghosh, learned counsel for the appellant. Also heard Mr. U.B. Saha, learned senior Government Advocate, assisted by Mr. T.D. Majumder, learned counsel for the respondents.2. The impugned Judgment and order dated 3.3.2000 passed by the learned Single Judge in W.P. (C) No. 398/99 is under challenge in this writ petition. The learned Single Judge dismissed the writ petition filed by the petitioner holding that the petitioner was not entitled to the benefit of compassionate appointment under die-in-harness scheme of the Government.3. The only question involved in the present adjudication is as to whether under the Government's 'die-in-hamess scheme' the married son already employed in Government service and living separately from the family would be treated as a member of the family of the deceased government servant to exclude other member for compassionate appointment.4. Before going to have detailed d...
Tag this Judgment!Sushil Ranjan Nath and ors. Vs. Satyabrata Dey and ors.
Court: Guwahati
Decided on: May-31-2001
P.C. Phukan, J.1. Heard Mr. B.R. Dey, learned counsel for petitioners arid Mr. P.K. Roy Choudhury, learned counsel for opposite parties.2. This revision petition is directed against the judgment and order date 2.4.1997 passed by the learned Sessions Judge, Kamrup, Guwahati in CR No. 11/97 setting aside the order of the Executive Magistrate in Case No. 230m/95 under Section 133 CrPC whereby the learned Magistrate passed order for removing a portion of 6 feet wall for public path measuring 10 ft. from North to South.3. The facts leading to filing this revision petition may be stated as follows:4. The present petitioners filed a petition before Deputy Commissioner, Kamrup, Guwahati for removal of blockage in public road in patta No. 1 of Odalbakra FS Grants stating therein that by blocking the Bye Lane No. 2 of Green Wood Lane near the plot of S.B. Dey, great inconvenience has been caused to the residents of the locality. The police report was called for and by preliminary order dated 2...
Tag this Judgment!Nanda Nath Gam Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-31-2001
A.H. Saikia, J. 1. Heard Mr. B.P. Kataki, the learned Sr. counsel assisted by Mr. B. Buragohain, learned counsel for the petitioner as well as Mr. B. Choudhury, learned Addl. Sr. Govt. Advocate, Assam on behalf of respondents 1, 2 and 3 and Mr. T. Chutia, learned counsel on behalf of respondent No. 4. 2. Despite adequate notice, no affidavit-in-opposition has been filed on behalf of the State-Respondents. The matter had been pending in this Court from 1997 but nothing has been brought on record on the part of the State Government to counter or deny the contentions advanced on behalf of the petitioner and as such, in view of the settled principles of law the averments made by the petitioner are deemed to be accepted by the State-Respondents. 3. Today at the time of hearing, the record has been produced by the learned Govt. counsel. 4. The case of the petitioner in short is that while he was serving as I/C Deputy Inspector of Schools, Lakhimpur Sub-Division, the petitioner was placed ...
Tag this Judgment!Phatik Chandra Choudhury Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-30-2001
1. Heard Mr. JP Sharma, learned counsel appearing on behalf of the petitioner. Also heard Mr, B. Goswami, learned Jr. Govt. Advocate,1. The grievances of the petitioner in this writ petition are three-fold i.e.:-(i) Non-payment of his pension, gratuity and other service benefits since his retirement on attaining superannuation on 31.8,1995,(ii) Non-payment of upgraded scale of pay of Class-I Officer from 5.12.1992 to 31.8.1995 (i.e. the date of retirement) in terms of notification dated 5.12.1992 and letter dated 26.5.1999 (Annexure-I & II appended to the Writ Petition respectively)(iii) Non-payment of arrears of travelling allowances and other bills of Rs. 23,283 together with interest @ 12% per annum.2. The petitioner who was working as Fodder Development Officer under the Animal Husbandry & Veterinary Department at the time of retirement, he was initially appointed as non-Gazetted Officer inthe said Department on 1.2.1956 and he had been continuing to serve in the said post upto 31...
Tag this Judgment!Jamuna Shah and ors. Vs. Bhuben Chandra Kalita
Court: Guwahati
Decided on: May-25-2001
P.G. Agarwal, J. 1 Heard Mr. K. Agarwal, learned counsel for the petitioners and Mr. J.M. Choudhury, learned counsel for the respondent.2. This is an application under Section 482, CrPC, for quashing of the complaint case No. 260C/1997 Under Section 427, IPC, pending in the Court, of Judicial Magistrate, 1st Class, Tinsukia.3. The respondent complainant Bhuban Ch. Kalita filed a written complaint on 12.3.1997 before the Chief Judicial Magistrate, Tinsukia alleging inter alia that on 11.1.1997 the accused persons forcibly dismantled the stair case constructed by him and also removed certain construction materials causing damage to the tune of Rs. 75,000. Learned Chief Judicial Magistrate forwarded the complaint to the O/C, Tinsukia Police Station to register Tinsukia P.S. Case No. 134/97 Under Section 427/506/379/511, IPC. The case was investigated and thereafter police submitted Final Report No. 140/ 97 on 23.5.1997. Notice was issued to the complainant wherein it was stated that th...
Tag this Judgment!Gulam Ali Alias Babu Ali Vs. the State of Assam and anr.
Court: Guwahati
Decided on: May-25-2001
N.S. Singh, J.1. In this revision petition, the petitioner Sri Gulam All alias Babu All had questioned the validity of the orders dated 3-1-2001, 4-1-2001 and 8-1-2001 passed by the learned Chief Judicial Magistrate, Sibsagar in Sibsagar PS Case No. 208 of 2000 giving the custody of the k/girl, namely, Nazifa Nazneen Rasul to her father namely Md. Eunus All, the 2nd respondent herein thus rejecting the prayer of the present petitioner for allowing k/girl to live with him, by contending inter alia, that the petitioner fell in love with Smt. Nazifa Naznnen Rasul, a student of B.A. 2nd Year and she eloped with him and married as per. Muslim Rites and customs and also under Special Marriage Act, 1954. But on the complaint by her father, Md. Eunus Ali a case being Dibrugarh PS Case No. 67/2000 was registered and accordingly, they were apprehended by police and they were produced before the learned Chief Judicial Magistrate and the learned Chief Judicial Magistrate after recording the state...
Tag this Judgment!Badan Mia @ Jalal UddIn and ors. Vs. Sunil Chakravorty and ors.
Court: Guwahati
Decided on: May-25-2001
A.K. Patnaik, J. 1. The opposite parties filed TS No. 49/75 in the Court of the Assistant District Judge, Cachar, Silchar. The said suit was decreed by Judgment and Decree dated 22.8.1975. The petitioner preferred an appeal in TA No. 23/75 before the learned District Judge, Cachar, Silchar and the learned District Judge set aside the judgment and decree passed by the Assistant District Judge, Cachar, Silchar. The opposite parties then filed Second Appeal No. 70/81 before this Court and in the said Second Appeal, the matter was remanded to the learned District Judge for hearing. When the matter was placed before the learned District Judge, the Sharistadar of the Court of the learnedDistrict Judge, Cachar, Silchar, submitted a report to the effect that the provisions of Bengal. Agra and Assam Civil Court Act, 1887, had been amended in the meanwhile by the Assam Act VII of 1993 and as a consequence of the said amendment, the appeal can no longer be heard by the District Judge but by th...
Tag this Judgment!Sushama Chettri Vs. State of Tripura and ors.
Court: Guwahati
Decided on: May-24-2001
1. I have heard Mr. D.K. Biswas, the learned counsel for the writ petitioner. Also heard Mr. B. Das, learned senior counsel for the State-respondent and Mr. K.N. Bhattacharjee, the learned senior counsel for the private respondents. 2. The dispute at hand relates to a question whether the writ petitioner Smti Sushama Chettri belongs to 'Lepcha' Community or not. Her admission to the Medical College against seats reserved for Scheduled Tribes Community was challenged in Writ Petition No.WP(C) 365 of 2000 filed by Smti Pallavi Debbarama. The aforesaid writ petition was disposed of by the judgment and order dated 11th August, 2000 taking note of the decision of the Supreme Court in para 10 of the judgment in Director of Tribal Welfare, Govt. of Andhra Pradesh, v. Laveti Giri and another reported in AIR 1995 SC 1506. The said Civil Rule was disposed of with the following direction:- '8. Accordingly, I dispose of the interim matter with a direction to the authority concerned to allow the ...
Tag this Judgment!Priya BuragohaIn and ors. Vs. State of Assam
Court: Guwahati
Decided on: May-24-2001
P.G. Agarwal, J. 1. This criminal appeal is directed against the judgment and order passed on 26.3.1997 by the learned Sessions Judge, Shivsagar in Sessions case No.61 (S-S)/86. As many as 10 accused-persons were Wed for the offence under Section 302/427 IPC read with Section 34 IPC, It may be mentioned here that Police had submitted chargesheet against 13 accused persons out of which Gautam Borgohain was tendered pardon as he turned approver. Accused Dimbeswar Borgohain died during the pendency of the trial and another acqused Shyam Borgohain absconded and the case against him was splittedup. On conclusion of the trial, accused-appellants Priya Borgohain and Kumud Borgahain were convicted under Section 302/34 IPC. They were also convicted for the offence under Section 427/149 IPC. Accused Bhuperi Borgohain. Jitu Borgahain and Kukil Borgohain were convicted under Section 427/149 IPC. Six other accused persons were acquitted. The present appeal has been filed by the accused-appellants...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Member, Motor Accident Claims Tribuna ...
Court: Guwahati
Decided on: May-24-2001
A.K. Patnaik, J.1. By these two writ petitions under Article 226 of the Constitution, the petitioner New India Assurance Co. Ltd. has challenged the order dated 12.6.2000 passed by the Member, Motor Accident Claims Tribunal, Kamrup, Gauhati in M.A.C. Case No. 714 of 1999 and M.A.C. Case No. 715 of 1999. By the said impugned order dated 12.6.2000, the Tribunal has directed the petitioner to pay no fault liability to the claimant in respect of an accident which occurred on 8.8.1999 at about 6.30 a.m.2. Mr. A. Ahmed, learned Counsel for the petitioner submitted that the claimants were travelling in a bus (AS 25-A 5454) which was proceeding from Latibari via Pub Kasukata near Baralia project. The overhead electric line touched the roof of the bus and as a result the entire vehicle got electrified and while some persons travelling in the bus died on the spot, some others sustained injuries. According to Mr. Ahmed, this was, therefore, a case of negligence on the part of the authorities of...
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