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Guwahati Court January 2002 Judgments

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Jan 03 2002

Sreeniwas Basudeo Vs. Union of India (Uoi) and ors.

Court: Guwahati

Decided on: Jan-03-2002

D. Biswas, J.1. The appellant has preferred these appeals against the decisions of the Learned Railway Claims Tribunal, Guwahati Bench, rejecting a part of claim in each of the different applications. All the appeals, the controversy being circumscribed on common question of law and fact; are proposed to be disposed of by this common judgment. The appeals have been-filed for recovery of the amount as indicated below:(i)M.A. (F) No. 68 of 1994Rs. 11.592;(ii)M.A. (F) No. 69 of 1994Rs. 22,931(iii)M.A. (F) No. 70 of 1994Rs. 34.182(iv)M.A. (F) No. 71 of 1994Rs. 12.338(v)M.A. (F) No.72 of l994Rs. 24.267(vi)M.A. (F) No. 73 of 1994Rs. 40.544(vii)M.A. (F) No. 74 of 1994Rs. 17.096(viii)M.A. (F) No. 75 of 1994Rs. 15,091(ix)M.A. (F) No. 76 of 1994Rs. 11,577 and(x)M.A. (F) No. 77 of 1994Rs. 7, 1982. The above claims in different applications have been rejected on the ground that the rice booked at the booking station was not weighed by the Railway Staff and the weight indicated by the sender was a...


Jan 03 2002

Md. Habibur Rahman Barbhuya Vs. State of Assam and ors.

Court: Guwahati

Decided on: Jan-03-2002

D. Biswas, J.1. The petitioner was appointed as Assistant Jailor purely on temporary basis subject to termination without notice and he had joined the post on 19.3.1984. The appointment letter reads as follows:'No. PRI.77/81/166 - Subject to termination without notice and without assigning any reasons therefor, the following person is appointed temporarily as Assistant Jailor in the scale of pay of Rs. 580-20-680-EB-25-805-EB-30-1165 P.M. plus, other allowances as admissible under the rules with effect from the date of his joining and posted to the Jail against his name :Name Place of PostingShri Habibur Rahman District Jail, Silchar.Barbhuiya Sd/- T.L. Baruah Inspector General of Prisons, Assam.', 2. In 1987, written and viva-voce tests were conducted for regularisation of services of the petitioner along with other candidates, A list of 17 candidates was published showing the petitioner at serial No. 14 along with fresh candidates. It was stated that petitioner's seniority would be ...


Jan 02 2002

Sunil Ghosh Vs. Dijendra Lal Das and ors.

Court: Guwahati

Decided on: Jan-02-2002

R.S. Mogia, C.J. 1. The petitioner as plaintiff had filed a suit (T.S. No. 59/91 (N) renumbered as T.S. 93/93 (H) in the Court of the Assistant District, Judge, Nagaon for declaration of right, title and interest of the plaintiff over the suit land and for khas possession. In paragraph 1 of the plaint, it was averred as under : 'That a plot of land measuring 2B-0K-0Lochas covered by bag No. 455 of P.P. No. 97 of lumding town kissam under Lumding mouza, Dist. Nagaon (Assam) comprises the suit land. The detailed description of the suit land is given in the Schedule below. The schedule may be treated as part of the plaint.' 2. In the schedule to the plaint, the suit property is described as under: 'An area 2B-0K-4 Lochas of land covered by Dag No. 455 of P.P. No. 97 of Lumding town kissam in Mouza Lumding, Dist. Nagaon, Assam bounded by - North; A.P. Land in possession of Kalu Chetri; South : A.P. Land in possession of Digendra Lal Das; East: River and plaintiffs own land; West: Road...


Jan 02 2002

Sunil Ghosh Vs. Dijendra Lal Das and ors.

Court: Guwahati

Decided on: Jan-02-2002

R.S. Mogia, C.J.1. The petitioner as plaintiff had filed a suit (T.S. No. 59/91 (N) renumbered as T.S. 93/93 (H) in the Court of the Assistant District, Judge, Nagaon for declaration of right, title and interest of the plaintiff over the suit land and for khas possession. In paragraph 1 of the plaint, it was averred as under : 'That a plot of land measuring 2B-0K-0Lochas covered by bag No. 455 of P.P. No. 97 of lumding town kissam under Lumding mouza, Dist. Nagaon (Assam) comprises the suit land. The detailed description of the suit land is given in the Schedule below. The schedule may be treated as part of the plaint.' 2. In the schedule to the plaint, the suit property is described as under: 'An area 2B-0K-4 Lochas of land covered by Dag No. 455 of P.P. No. 97 of Lumding town kissam in Mouza Lumding, Dist. Nagaon, Assam bounded by - North; A.P. Land in possession of Kalu Chetri; South : A.P. Land in possession of Digendra Lal Das; East: River and plaintiffs own land; West: Road.' 3. ...


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