Guwahati Court August 2001 Judgments
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State of Assam and ors. Vs. Muss. Mariam Nessa and anr.
Court: Guwahati
Decided on: Aug-30-2001
A.H. Saikia, J. 1. Heard Mr. B.M. Sarma, learned Govt, counsel appearing for the State of Assam. Also heard Mr. B.K. Goswami. learned Sr. counsel assisted by Ms. T Goswami, learned counsel appearing for the respondents. 2. This is an application for condonation of delay of 119 days in preferring the Second Appeal No. 87/97 by the State of Assam. Filing this application on 13.5.1997 the State-Petitioner has narrated the explanation of such delay in paragraphs 6 and 8 of the Petition which runs as follows: '6. That the appeal ought to have been filed on or before 4.11.1996 for it to be within time, but for reasons beyond the control of the petitioners, the same could be filed only on 5.5.1997 and as such, there is a delay of 180 days in preferring the appeal. 8. That the petitioners submit that because of the inherited bureaucratic nature of functioning of the Government, the petitioners are entitled to certain amount of latitude and pray that this Hon'ble Court may be pleased to cond...
Sipra Gupta Vs. Sankarlal Paul
Court: Guwahati
Decided on: Aug-30-2001
A.H. Saikia, J.1. Heard Mr. B K Goswami, learned Sr. Counsel assisted by Mrs. T. Goswami, also heard Mr. C R Day, learned counsel assisted by Mr. G P Bhowmick, learned counsel and Mr. R Hazarika, learned counsel appearing on behalf of the petitioners. Also heard Mr. CK Sarma Barua, learned counsel and Mr. P K Roy Choudhury, learned counsel appearing on behalf of the respondent.2. Since the basic question of law involved in all these Civil Revisions is similar, I propose to take up all these cases together for consideration and dispose of by this common judgment.3. In all these Civil revisions, the petitioners have challenged the legality and validity of the impugned order dated 25.6.2001 passed in Title Suit No.272/89 by the learned Civil Judge (Jr. Division) No. 1 at Karimganj by which the prayer for amendment of the plaint under Order 6, Rule 17 read with Section 151 CPC has been allowed.4. The facts In brief are that the plaintiff/respondent has filed the suit under Assam Rent Cont...
Parimal Kanti Chakraborty Vs. Tripura Jute Mills Ltd. and anr.
Court: Guwahati
Decided on: Aug-30-2001
P.C. Phukan, J.1. This appeal is directed against the judgment and order dated 17.7.1996 passed by the learned Single Judge in Civil Rule No. 162 of 1996 (Old No. C.R. 48/88).2. We have heard Mr. S. Deb, learned senior counsel for the petitioner and Mr. G.S. Das, learned counsel for the respondent company Tripura Jute Mills Ltd., a Govt. of Tripura undertaking.3. The petitioner's case in brief is that he was appointed as Pharmacist (Category-A) in the pay scale of Rs. 330-10-400-15-580 per month by the respondent company vide Memorandum dated 29.6.1981 (Annexure-2). Earlier by a resolution dated 24.12.1977 the respondent company adopted the Govt. of Tripura pay scales for its employees. Subsequent to such adoption, the pay scale of Pharmacist (Category-A) was revised to Rs. 400-15-550-20-750-25-900 per month. The petitioner was given this revised pay scale with effect from 1.12.1981 (Annexure-4). The pay scale of the post of Accounts Assistant/Overseer was also revised to Rs. 400-15-5...
State of Punjab Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Aug-29-2001
1. Both these Miscellaneous applications I.e. Misc. Case No. 784/2001 and 785/2001 have been filed by the applicant. State of Punjab, represented by the Jt. Secretary Govt. of Punjab (Finance-cum-Lotteries) Directorate of Lotteries, Chandigarh, Punjab seeking vacation/cancellation and/or modification of the order dated 19.5.2001 passed by this Court in W.P.C. Nos. 3511/2001 and 3510/2001 respectively wherein the present applicant State of Punjab has been arrayed as respondent No. 3. 2. Since common Issue is involved, both the Miscellaneous applications have been taken up together for consideration. For the purpose of adjudication of the present proceedings I would like to refer mainly to Misc. Case No. 785/2001 arising out of W.P.C. No. 3510.2001 as the lead case. 3. I have heard Mr. A. Chopra and Mr. A.C. Borbora, the learned counsel appearing on behalf of the applicant and also heard the learned senior counsel Mr. P.K. Goswami, assisted by Mr. S. Sarma, learned counsel and Mr. A. S...
Dy. Cit Vs. Lohit Co-operative General Stores Ltd.
Court: Guwahati
Decided on: Aug-29-2001
N.S. Saini, A.M.:This is an appeal filed by the department. After the filing of the appeal the registry office of this Tribunal noticed certain defects in the memorandum of appeal filed. The defects were made known by the registry office vide letter dated 14-9-1998.2. The defects pointed out in the memorandum of appeal were that two copies of grounds of appeal before the first appellate authority and two copies of statement of facts, if any, filed before the said appellate authority are not accompanied along with memorandum of appeal. Moreover, the appeal is prima facie time-barred by 9 days. Hence, the appellant was called upon to showcause as to why the appeal should not be dismissed as time-barred. In compliance with the aforesaid defects, the Income Tax Officer, Ward-1, Dibrugarh, vide his. letter dated 23-9-1998 has replied as under'1. Regarding submission of grounds of appeal before the first appellate authority and the statements of facts, I beg to submit that as the first appe...
Satya Deo Bhitha and anr. Vs. Rajkumar Devi and ors. L/H Late Babanji ...
Court: Guwahati
Decided on: Aug-27-2001
A.H. Saikia, J. 1. Heard Mr. S.S. Sharma, learned counsel for the petitioner and also heard Mr. A. Roy, learned sr. counsel assisted by Mr. A. Roy, learned counsel for the respondents. 2. By this Revision Petition, the petitioners had challenged the judgment dated 26.2.1996 and the decree dated 7.3.1996 passed in T.A. No. 6/95 by the District Judge, Bongaigaon dismissing the appeal preferred by the defendants/appellants being the tenants against the Judgment and decree dated 19.1.1995 passed by the Munsiff, Bongaigoan in T.S. No.22/88 decreeing the plaintiff/ defendants T.S. No.23/88 for ejectment of the defendants /plaintiffs and for recovery of arrear of rent. 3. Admittedly this revision is against the concurrent findings of both the Courts below. 4. The facts briefly stated are that the respondents as plaintiffs instituted a Suit being T.S.No. 167/81 originally at the Court of Munsiff. Goalpara. The suit was later transferred to Bongaingaon on creation of Bongaigaon District and ...
Biswajit Chowdhury Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Aug-24-2001
A.K. Patnaik, J.1. In these two Writ Appeals, the appellants have challenged the judgment and order dated 8.7.1996 of the learned Single Judge dismissing Writ Petitions Nos. 322/92 and 276/92.2. The facts briefly are that the Tripura Public Service Commission (for short the TPSC) issued Advertisement No. 14/88 dated 7.12.1988, notifying therein that a Combined Competitive Examination will be held by the TPSC in March/April, 1989 for recruitment to 27 posts of Tripura Civil Service Grade-II and 10 posts of Tripura Police Service Grade-II. In the said Advertisement No. 14/88, the closing date for receiving applications of candidates was indicated as 16th January, 1989. Pursuant to the said Advertisement the two appellants amongst others applied. The appellants were called for written examination in which they qualified for the personality test and they appeared before the TPSC for the personality test. Thereafter, the TPSC in its letter dated 14th March, 1990 to the Chief Secretary to ...
Oil and Natural Gas Corporation Ltd. Vs. Imdadur Rahman Rajkhowa and o ...
Court: Guwahati
Decided on: Aug-24-2001
R.S. Mongia, CJ (Acting)1. Heard Mr. P.K. Roy, learned counsel for the appellant and Mr. A.K. Goswami, learned counsel appearing for the respondents.2. The writ petitioners, three in number (now respondents) were the applicants for the posts of Junior Fire Supervisor and Junior Fireman in the Oil and Natural Gas Corporation Ltd. (ONGC). One of the requirement of physical standard was that the height should be not less than 5' 6' inches. It has been stated by the learned counsel for the appellant that the suitability of the candidates initially is judged on the basis of written examination, practical tests and interview. In the instant case, all the candidates were called for written tests. The candidates who qualified in the written tests were shot listed in theratio of 1:5, to be called for subsequent practical efficiency tests. In other words, the candidate who qualified in the physical standards would be permitted to appear in the driving test and the candidate who qualified in th...
State of Tripura and anr. Vs. Dr. Jogiraj Dutta and ors.
Court: Guwahati
Decided on: Aug-24-2001
1. This Writ Appeal is directed against the judgment and Order dated 1.8.2000 of the learned Single Judge in W.P.(C) No. 205/99. 2. The facts briefly are that the respondents are members of the Tripura Veterinary Service Grade V. After completing Higher Secondary (+2) state, they undertook studies of Bachelor of Veterinary Science (for short 'BVSc'), Thereafter the y were appointed in the Tripura Veterinary Service Grade V and have been working as Veterinary Assistant Surgeon under the Animal Resource Development Department. By notification dated 7.12.1992 the pay scale of Tripura Veterinary Service Grade V (for short 'TVS Grade V') has been fixed at Rs. 2100 - Rs.4530 per month. This was less than the pay scale of Medical Officers Grade V which was Rs. 2100 -Rs. 3000.00 (SL) - Rs.5000 per month. The members of the TVS Grade V demanded pay parity corresponding to pay scale of the members of the Tripura Health Services (for short 'THS Grade V'). The 4th Tripura Pay Commission consider...
P.C. Lalthanliana Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Aug-23-2001
Ranjan Gogoi, J. 1. This writ application seeks to challenge an order dated 31st March, 1999 passed by the Commandant. 3rd Battalion, Mizoram Armed Force, Aizawl terminating the services of the petitioner. The appellate order dated 16th July, 1999 dismissing the appeal filed by the writ petitioner against the aforesaid termination order has also been challenged in the present writ application.2. The petitioner who was appointed as a Constable in Mizoram Armed Force in the year 1988, was placed under suspension by order dated 5.1.1999. Thereafter, a Memorandum of Charge dated 28.1.1999 was served on the petitioner. The charge against the petitioner was one relating to absence from duty for 3 (three) periods, namely, from 21.10.1998 to 5.11.1998, 13.11.1998 to 12.12.1998, 31.12.1998 to 4.1.1999 without obtaining prior permission or leave from the competent authority. The petitioner submitted his reply and the matter was enquired into whereafter on the basis of the report of the Enquiry ...
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