Guwahati Court May 2001 Judgments
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Samir Bhattacharjee Vs. State of Tripura and ors.
Court: Guwahati
Decided on: May-24-2001
1. This writ petition has been filed for a direction to allow the writ petitioner to continue as Honours Graduate Assistant Teacher of Secondary School w.e.f. 1.4.1974 and further to allow him the scale of pay of Rs. 5000-10300 w.e.f, 1.1.1996 along with quashment of the Notification No. F. 4(1-2885) - DSE/99 dated 16.5.2000.2. The petitioner was appointed as Assistant Teacher, Secondary School on 1.4.1974 after selection initially on ad hoc basis. He was allowed to continue as such. In 1991, he acquired Master degree in History. He was confirmed with effect from 1.1.1974 as Assistant Teacher of Secondary Schools and allowed to draw Honours graduate pay scale. Long thereafter it was detected that the petitioner was not a Honours graduate, the minimum educational eligibility prescribed for the post of Assistant Teacher in Secondary School. The Director of School Education by order dated 16.5.2000 directed recovery of the excess pay paid to the writ petitioner on the ground that he was...
NabIn Chandra Saika @ Jiban Bania and anr. Vs. State of Assam
Court: Guwahati
Decided on: May-24-2001
1. Heard the learned counsel for both sides. 2. On 10.2.1988, the informant Shri Ghanashyam Das filed an FIR before Nagaon Police Station stating inter alia that on that day when he alongwith Tularam Das went to Saikia Jewellers, an altercation took place between them on one side and the accused on the other side and when the complainant tried to intervene and settle the matter, accused Jiban Bania and his son threw some acid on their body causing injury on the person. The injured were removed to hospital and they were treated by the doctor. Police after usual investigation submitted charge sheet and GR Case No. 202/88 was registered. Charge was framed against both the accused person and on conclusion of the trial, learned Addl. Chief Judicial Magistrate, Nagaon convicted the two accused persons Under Section 326/34, IPC and sentenced them to suffer imprisonment for four years and to pay a fine of Rs. 2,000 each i/d to undergo further imprisonment for three months. Feeling aggrieved,...
Putul Chutia Vs. State of Assam
Court: Guwahati
Decided on: May-24-2001
P.G. Agarwal, J.1. This appeal by the convict Putul Chutia is directed against the judgment and order dated 3.11.1998 passed by the learned Sessions Judge, Lakhimpur in Sessions Case No. 69(NL)/97, whereby the appellant was convicted under Section 302 IPC and sentenced to imprisonment for life and pay a fine of Rs. 500, in default to further imprisonment for one month. According to the prosecution case, the appellant Putual Chutia married Queen @ Saikia sometime in the year 1995 and thereafter they lived as husband and wife. They were working couple. The wife was serving in a Minor Irrigation Department and the husband was serving as a Clerk in a College. The couple was blessed with a son sometime in the month of July 1996 and within 2 1/2 months of the said birth of the child, the present incident took place leading to the death of a young good looking wife of the appellant.2. The factual matrix as unfolded by the evidence on record shows that on 11h September, 1996 after taking thei...
State of Tripura Vs. Sitesh Chandra Das
Court: Guwahati
Decided on: May-22-2001
1. This Second Appeal under Section 100 of CPC has been directed against the judgment and decree dated 27th July, 1992 passed by the learned District Judge, North Tripura, Kailashahar in Title Appeal No. 9 of 1992.2. This appeal was admitted by this Court by an order passed on 31-1-1996 for a decision on the following substantial question of law:- 'Whether the Civil Court has jurisdiction to decide the question of title in respect of land which has been acquired under the Land Acquisition Act.' 3. The disputed land measuring 2.29 acres was acquired by the State by a notification dated 9.3.1981 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the LA Act'). The respondent claimed compensation on the ground that he was the Jotedar of the acquired land and entitled to compensation as per provision of the LA Act. Initially, the Collector by an order dated 28.8.1981 decided that the respondent was the Jotedar of the land acquired by the State. The State preferred a Rev...
Ahri Abdul Jalil Vs. State of Assam
Court: Guwahati
Decided on: May-22-2001
1. The petitioner is a resident of Kangter village in the District of Karimganj, Assam and has challenged the order dated 24.12.1999 of the Managing Director, Assam Fisheries Development Corporation Ltd. Gauhati by which the respondent No. 4 has been allowed to operate the Kangter Fishery of Karimganj District on contract basis for a period of 5 years with effect from 1.4.2000 to 31.3.2005 on payment of the annual revenue as follows:- From 1.4.2000 to 31.3.2001 = Rs. 10,474.00 From 1.4.2001 to 31.3.2002 = Rs. 11,521.00 From 1.4.2002 to 31.3.2003 = Rs. 12,673.00 From 1.4.2003 to 31.3.2004 = Rs. 13,940.00 From 1.4.2004 to 31.3.2005 = Rs. 15,334.00 Rs. 63,942.00 2. Mr. N.C. Das, learned counsel for the petitioner submitted that in a recent judgment in 129 Haria Dablong Min Manal Samabai Samiry Ltd. v. Assam Fisheries Development Corporation Ltd. and Ors. (Writ Appeal No. 260/99) a Full Bench of this Court has held, inter alia, that the Assam Fisheries Development Corporation Ltd. does ...
Mrinal Kanti Ghosh and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-21-2001
1. As identical questions of fact giving rise to common questions of law are involved, both the writ petitions were heard together and are being disposed of by this common judgment.2. The essential facts necessary for resolving the controversy that has arisen in the present proceedings are enumerated hereinbelow.An advertisement dated 31.8.1992 was issued calling for applications for preparation of a selection list for appointment to few posts of Lower Division Assistant-cum-Typist in office of the District and Below District Level Officers of Dhubri district. The petitioners in both the Civil Rules submitted applications in response to the said advertisement dated 31.8.1992 and on the basis thereof were asked to appear in the written examination to be held on different dates. The petitioners appeared in the written examinations and the authority of the Central Recruitment Committee which was entrusted with the responsibility of making the selection, published a list of candidates who...
State of Meghalaya and ors. Vs. Meghalaya Contractors Association and ...
Court: Guwahati
Decided on: May-19-2001
D. Biswas, J. 1. This Writ Appeal by the State of Meghalaya and others has been preferred against the judgment and order dated 2.7.1999 passed in Civil Rule No. 217(SH) of 1997 by the learned Single Judge.2. We have heard Mr. NN Lahiri, the learned Advocate General of the State of Meghalaya and Mr. DP Chaliha. the learned senior counselfor the respondents. 3. The respondent Association, namely, the Meghalaya Contractors Association field the aforestated Civil Rule before the Shillong Bench of this Court for issue of a writ of mandamus directing the respondents not to realise royalty from the members of the petitioner Association on forest produce as per schedule of rates prescribed under the Meghalaya Forest Regulation (Application and Amendment) Act, 1973. 4. The members of the petitioner Association are registered contractors with the Public Works Department, Government of Meghalaya and in execution of the contractual works they consume a huge quantity of building materials procur...
Doson Chemicals Pvt. Ltd. and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-19-2001
H.K. Sema, AG. C.J.1. This appeal is directed against the judgment and order of the learned single Judge dated August 25, 1998 passed in Civil Rule No. 3748 of 1991 dismissing the petition. This appeal was conclusively heard on April 21, 2001. As the parties would like to furnish citations and some relevant documents to support their contentions, the order was reserved.2. Facts leading to filing the present writ appeal may, briefly be recited. The appellant is a private limited company. The appellant industry was established some time in the year 1961 as small-scale sector and it was registered with the respondent No. 5. It is stated that there were about 58 employees in the industry besides shareholders and directors. In order to boost industrial development the Government of Assam issued the Industrial Policy of 1982 and thereafter it was reviewed in 1986. It is stated that in the aforesaid policy of 1986 an existing unit which undertakes expansion, modernisation and diversification...
Robindra Nath Sarma and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-19-2001
D. Biswas, J.1. This petition has been filed seeking the following reliefs: '(i) to publish the select list for the post of Forester Grade-I;(ii) to fill up the posts of Foresters Grade-I from the select list in accordance with merit;(iii) to quash the appointments of the persons appointed as Forester Grade-I without publishing the select list;(iv) to appoint the petitioners in terms of order of merit of the select list and/or pass any such further or other order or orders as your Lordships may deem fit and proper.'.2. The petitioners in pursuance of an advertisement issued on 26.2.1991 applied for the post of Forester Grade-I. Physical Test was carried out on 15.2.1992 and all of them were declared qualified. Thereafter, they were summoned for written test on 8.3.1992. They appeared and, according to them, fared well. But the result has not been published till date. Besides, the respondent No. 2 appointed the private respondents without following the selection process. Hence, this pe...
Shyamal Sarkar Vs. State of Tripura and ors.
Court: Guwahati
Decided on: May-18-2001
1. I have heard Mr. A. Chakraborty, learned senior Counsel assisted by Mr. P.K. Pal, learned Counsel appearing on behalf of the petitioner, Also heard Mr. U.B. Saha, learned Govt. Advocate assisted by Mr. J. Majumder, learned Counsel for the respondents.2. The sole question raised in this writ petition under Article 226 of the Constitution of India is whether the petitioner, a Constable under Tripura Armed Police, 1st Battalion, is entitled to for promotion from Constable to the rank of Assistant Sub-Inspector of Police (Unarmed Branch), in short ASI, without appearing in further departmental examination though he once appeared and failed.3. For the sake of proper discussion of the case in hand it would be necessary to refer to two Memorandum dated 3.1.1981 and 10.11.1987 issued by the Govt. of Tripura, Home Department in pursuance of Rule 11 of the existing Recruitment Rules relating to Departmental examination for promotion to the rank of ASI which are annexed as Annexures-6 and 6A ...
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