Guwahati Court January 2002 Judgments

Union of India (Uoi) Vs. Bhadreswar Hira

Court: Guwahati

R.S. Mongia, C.J.1. The question involved in this appeal is whether a member of Border Security Force (in short, BSF), who has resigned from his post after serving for 10 or more years but less than 20 years, is entitled to pension/pensionary benefits under the relevant provisions of Border Security Force Act. 1968 (hereinafter called the Act) and the Border Security Force Rules, 1959 (hereinafter called the BSF Rules) or the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as the CCS (Pension) Rules) ?2. The aforesaid question has arisen under the following fact and circumstances:3. Respondent - Writ petitioner L/Nk Bhadreswar Hira was enrolled in the BSF as a Constable on 20.2.1982. After completion of 15 years 9 months and 10 days of service; he submitted his resignation before the competent authority for acceptance On the ground of domestic problems. He was interviewed by the Commandant 193 BN BSF. The resignation of the writ petitioner (now respondent) was ac...

State of Mizoram Vs. Pu Shvanhnu at

Court: Guwahati

P.C. Phukan, J. 1. We have heard the learned Additional Advocate General, Mizoram appearing for the review petitioner State of Mizoram represented by the Secretary, Home Department, Govt. of Mizoram. 2. This petition is for review of the order dated 8.12.1999 passed by the Division Bench of this court disposing of the Writ Appeal No. 69/ 98 preferred against the order dated 7.1.1998 passed by the learned Single Bench of this court dismissing the Civil Rule No. 2112/ 92 filed by the opposite party No. 1, the writ petitioner Pu Shvanhnu At, President of Mizo Chief Council. 3. As per Sl. 2 of the Registry's Check Slip the appeal was disposed of on 8.12.1999 and the review petition was filed after 169 days and hence is barred by limitation, and no condemnation petition has been filed. 4. In the State of Gujarat v. Sardarbegum and Ors. (1976) 3 SCC 416, the Supreme Court found that the High Court allowed a writ petition under Article 226 of the Constitution directing the State respondents ...

Mahesh Chandra Gupta Vs. State of Arunachal Pradesh

Court: Guwahati

R.S. Mongia, C.J., 1. This judgment and order of ours would dispose of the Writ Petition (C) No. 892(AP)/2001, Writ Appeal No. 341/2001, Writ Appeal No. 343/2001 as well as the Misc Case No. 161/2001. 2. The brief facts for the disposal of these cases may be noted. On 25.07.2001 the appellant. Sri Mahesh Chandra Gupta, appellant in Writ Appeal No. 341/2001; who was working as Agronomist at Tawan was ordered to be transferred as Deputy Director (Plant Protection) under the Directorate of Agriculture, Naharlagun vice Sri Jombom Padu, the petitioner in Writ Petition (C) No. 892 (AP)/ 2001. On 26.07.2001 the writ petitioner Joniboni Padu was relieved from Naharlagun and the appellant Mahesh Chandra tookover on 30.07.200.1 at: his new place of posting. However, on 26/27.07.2001 the writ petitioner Jombom Padu (who is respondent No. 3 in W.A. No. 341/2001) made representation against his transfer. Since nothing was heard regarding the representation Sri Jombom Padu filed a writ petition ...

United Bank of India and ors. Vs. Rafiulla Tea and Industries (P.) Ltd ...

Court: Guwahati

R.S. Mongia, CJ 1. The Writ Petitioner (now respondent) had purchased a Cash Certificate from the appellant Bank. After the Cash Certificate had matured for payment, the Writ Petitioner presented the same for realisation of the amount on maturity. The amount on maturity was Rs. 1,10,200.00 It may be observed here that on the body of the Cash Certificate, the following is the endorsement :'The Bank subject to rules in this regards undertakes to pay on maturity upon presentation and surrender of this certificate at the above Branch to the under noted persons.'2. The Appellants, who were the respondents before the Writ Court, had put in their appearance through their counsel yet no counter was filed to the writ petition. Since the payment on maturity had not been released by the Bank, the writ petition was filed to realise the amount of the Cash Certificate. The learned Single Judge allowed the writ petition by observing that there was no earthly reason for not releasing the amount of th...

Tushar Kanti Dey Vs. Sulata Choudhury and ors.

Court: Guwahati

A.H. Saikia, J. I have heard Mr. A.R. Banerjee, learned Senior Counsel assisted by Ms. B. Choudhury, learned counsel appearing-for the petitioner. None appears for the Respondents/opposite parties. 1. This Revision Petition is directed against the Judgment & Order dated 30.3.1996 passed by the learned Assistant District Judge, Dhubri in Title Appeal No. 23 of 1994 dismissing the Appeal and thereby affirming the Judgment dated 8.8.1994 passed by the learned Musniff No. 2, Dhubri in Title Suit No. 55 of 1986 by which the suit for eviction of the Petitioner-Defendant was decreed directing the Defendant/Petitioner to vacate the suit premises within a period of one month from the date of decree and thereafter the plaintiff/ Respondent to take Khas possession of the suit house. 2. The moot question involved in this Revision Petition is whether the Defendant/Tenant is liable to be ejected without deciding as to when the rent becomes due for payment. 3. The facts, briefly stated, of ...

Hara Mohan Sen and ors. Vs. Divisional Manager, National Insurance Co. ...

Court: Guwahati

A.H. Saikia, J.1. This appeal was filed by the appellants under Section 39(1) of the Arbitration Act, 1904 assailing the impugned judgment and order dated 20.5.1995 passed by the learned District Judge, Karimganj in Misc. (Arbitration) Case No. 134/91 setting aside the Award of the Arbitrators. The firm of the appellant's M/s Kara Mohan Sen, dealing in goods like stationery, plastic goods, glass bangles, imitation jewelleries and other goods, etc., was situated at Madan Mohan Road at Karimganj Town. The entire stocks of the goods of the firs was insured with the then Hindustan General Insurance Society Ltd., which was lateron taken over by the National Insurance Company vide Notification dated 31.12.1973 (for short 'the Insurance Company') by two policies being No. 226793 dated 31.1.1969 for Rs. 10,000 and 226649 dated 30.12.1968 for Rs. 30,000. A devastating fire broke out on 15.11.1969 at Karimganj Bazar arid the Petitioners/Appellants' firm was gutted causing damage of goods worth ...

United Bank of India and ors. Vs. Rafiulla Tea and Industries (P.) Ltd ...

Court: Guwahati

Reported in: [2002]110CompCas427(Gauhati)

R.S. Mongia, CJ 1. The Writ Petitioner (now respondent) had purchased a Cash Certificate from the appellant Bank. After the Cash Certificate had matured for payment, the Writ Petitioner presented the same for realisation of the amount on maturity. The amount on maturity was Rs. 1,10,200.00 It may be observed here that on the body of the Cash Certificate, the following is the endorsement :'The Bank subject to rules in this regards undertakes to pay on maturity upon presentation and surrender of this certificate at the above Branch to the under noted persons.'2. The Appellants, who were the respondents before the Writ Court, had put in their appearance through their counsel yet no counter was filed to the writ petition. Since the payment on maturity had not been released by the Bank, the writ petition was filed to realise the amount of the Cash Certificate. The learned Single Judge allowed the writ petition by observing that there was no earthly reason for not releasing the amount of the...

Rakesh Kumar Vs. Union of India (Uoi) and ors.

Court: Guwahati

D. Biswas, J. 1. The petitioner is presently working as Superintendent, E&M; Grade-11 in the General Reserve Engineer Force - Group-C, hereinafter referred to as 'the GREF'. The petitioner joined the GREF in 1984 as Chaege Mechanic. He was deputed for Diploma Course In Electrical and Machanical Engineering to the College of Military Engineering, Pune in 1990. He has successfully completed the course by obtaining First Class. Presently he is aggrieved because some of his juniors in the rank of Superintendent, E&M; Grade-II have been promoted to Grade-I whereas his case for promotion has not been considered on the ground that he is a diploma holder of two year's course from the College of Military Engineering. 2. The respondents in their affidavit-in-opposition denied thecontentions raised by the petitioner and reiterated that the petitioner being a diploma holder in Electrical and Mechanical Engineering in two years' course was not entitled for consideration for promotion to Grade-I. A...

129 Haria Dublong Meen Samabay Samity Ltd. and anr. Vs. State of Assam ...

Court: Guwahati

D. Biswas, J.1. This petition under Article 226 has been filed for appropriate directions to allow the petitioner Society to continue operation in No. 129 Haria Dublong Fishery. Their claim is that the Society is a registered po-pperative society under the Societies Registration Act consisting of 100% fishermen belonging to Scheduled Cast community. The fishery was settled with the petitioner Society by an order dated 19.11.1999. the settlement was made after cancellation of the then existing lease by the Assam Fisheries Development Corporation for a period of 7 years ending in 2006. The petitioner Society deposited Rs. 4131 as security and also paid instalments for the period ending 18.11.2000. The settlement order dated 19.11.1999 was challenged in W.P. (C) No. 5828/99. The said writ petition was disposed of on 21.8.2000 quashing the above settlementand the matter was referred back to the State authorities for settlement afresh within a period of two months permitting the petitioner...

Ashish Kumar Sengupta Vs. State of Assam and ors.

Court: Guwahati

D. Biswas, J. 1. The petitioner is a Graduate in Science and he was appointed as Assistant Teacher in the then Ledo Bazar High English School by the Managing Committee by an order passed on 25.2.1967. Since then he has been working in the school and on a number of occasions had the opportunity to act as Incharge Assistant Headmaster/ Headmaster. The respondent No. 4 was appointed as a Teacher under the Half-a-Million-Job Programme. His initial appointment was as a stipendary teacher at a fixed salary of Rs. 150 per month. He was outside the cadre of regular teachers till 1986. In 1986, the services of all the teachers throughout the State of Assam were encadred except the teachers appointed under Half-a-Million-Job Programme. The school in question was recognised in 1972 and provincialised in 1977. The seniority list maintained in the school placed the petitioner at serial No. 1 and the respondent No. 4 at serial No.4. Despite that, on 11.4.1996, the respondent No. 3, the Inspector of...