Guwahati Court October 2002 Judgments
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Tapan Malakar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-08-2002
D. Biswas, J. 1. The petitioner was initially appointed as a Process Server Peon by the order dated 8th November, 1994 passed by the District Deputy Registrar of Cooperative Societies. Thereafter, he was absorbed as Lower Division Assistant by an order passed by the same authority on 31.12.1997. His absorption was challenged by another Process Server Peon. The Additional Registrar of Cooperative Societies, by the order dated 17th April, 2000 (Annexure-4) informed the Zonal Joint Registrar of Cooperative Societies that the appointment of the petitioner to the post of Lower Division Assistant was made in contravention of the existing Rules. The Zonal Joint Registrar by the letter dated 8th May, 2000 (Annexure-5) directed the Deputy Registrar of Cooperative Societies to take necessary action in this behalf. The petitioner filed this petition challenging the aforesaid decisions communicated vide letter dated 17th April, 2000 and 8th May, 2000. This Court while issuing notice of motion s...
Pradip Kumar Tomer Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Oct-07-2002
B. Biswas, J.1. The petitioner joined the 24 Assam Rifles on December 9, 1987 as Nursing Assistant. At the relevant time, he was serving in the 26 Assam Rifles on transfer. The petitioner was charged with the offence of unauthorized absence from duty for the period of 40 days with effect from December 30,1999. The charge reads as following : 'TENTATIVE CHARGE SHEET The accused No.371051W Rfn/NA Pradeep Kumar Tomer of 26 Assam Rifles is subject to the Army Act under the provision of Army Act Section 4(1) reads with SRC 318 of 06 December 62 and charged with:Army Act section 39(b)without sufficient causa overstaying leaving granted to himIn that he. at field, on llth October, 1999 having been granted leave of absence (60 days ELPw.e.f. llth October 1999 to 09th December 1999 and extension of 20 days HPL wef 10th December 1999 to 29th December 1999 failed without Sufficient cause to rejoin duty on expiry of the said leave and later voluntarily rejoined on his own accord on 07th Feb 200...
Pioneer Co-op. Marketing Ltd. and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-04-2002
D. Biswas, J.1. This petition is directed against the orders communicated by the letter dated 13th July, 2000 (Annexure-15) issued by the Assistant Registrar of Cooperative Societies, Guwahati refusing to approve the proceedings of the Annual General Meeting of the petitioner Society held on 30.6.2000 and the order dated 15th/17th July, 2000 (Annexure-16) passed by the Registrar of Cooperative Societies constituting an Ad hoc Committee replacing the petitioner's Society.2. This Court while issuing notice of motion stayed the order dated 15th/17th July, 2000 for the reason that the Registrar of Cooperative Societies was influenced by the letter dated 14.7.2000 written by the Minister of Cooperation, Assam to the Zonal Joint Registrar requesting him to form an Ad hoc Committee. Thereafter this Court by the order dated 1.8.2000 directed the Deputy Commissioner, Kamrup to manage the affairs of the Society either by himself or by an officer to be appointed by him.3. The Assistant Registrar...
Md. Siddique HussaIn Vs. the State of Assam
Court: Guwahati
Decided on: Oct-03-2002
S.K. Kar, J.1. Both these Crl. Revn. and Crl. Appeal are directed against the same judgment of Addl. Sessions Judge, Nagaon, passed in Sessions Case No. 166 (N)/97 on 23-9-98. The revision-petition filed wrongly was substituted by Crl. Appeal later and both have been tagged together for disposal.2. By the impugned judgment and order of conviction and sentence the appellant was convicted Under Sections 457 and 323 of IPC and sentenced to undergo S.I. for one year and to pay a fine of Rs. 500, in default of fine, to further S.I. for one month for offence u/S. 457, IPC. He was also sentenced to one year S.I. for offence Under Section 323, IPC. Both sentences were ordered to run concurrently. Being aggrieved this appeal has been presented.3. I have heard learned lawyer for the appellant, None appeared for the respondent. Perused the materials in the Lower Court Records, that was called for, including the impugned judgment and evidence on record in particular.4. The quintessence of the all...
National Insurance Co. Ltd. Vs. R. Wonghiuba and ors.
Court: Guwahati
Decided on: Oct-03-2002
B. Lamare, J. 1. Heard Mr. B.N. Sarmah, learned counsel for the petitioner as well as Mr. A. Zhimomi, learned counsel for the respondents. 2. The case in brief is that on 9.2.1998 the deceased R. Throngso was travelling from Tuensang to Kohima in Gypsy bearing registration No. NL/10-2114. While escorting the minister at around 6:30 P.M. in between Silonijan and Bokajan the vehicle met with an accident with night super bus bearing registration No. NL-01-0835 which came from the opposite direction. Due to injuries sustained in the said accident the deceased died at Metro Hospital, Dimapur on the same day. For the death of the deceased his parents, two brothers and two sisters submitted a claim petition before the MACT at Dimapur. The case was registered as MACT No. 20/98. 3. By judgment dated 8.4.1999, the learned Tribunal awarded the compensation as follows :'1.For loss of future dependency Rs. 2700 x 12 x 17=Rs. 5,50,8002.Funeral expense=Rs.2,5003.Solatium to parents=Nil4.Pain and su...
Kastoor Chandel Vs. the Chairman and Managing Director, Hpc Ltd. and o ...
Court: Guwahati
Decided on: Oct-03-2002
B. Lamare, J. 1. Heard Ms. C. Jajo, learned counsel assisted by Ms. Z. Zhimomi, learned counsel for the petitioner and Mr. P. C. Deka, learned Sr. Counsel assisted by Mr. J. Roy and Mr. C.T. Jamir, learned counsel for the respondents.2. The Nagaland Pulp and Paper Company Limited (NPPC for short) was incorporated as company and registered under the Companies Act on 14th September, 1971. The total share capital of the company was 10,000 shares out of which 8750 shares were held by the Hindustan Paper Corporation Ltd. (HPC) in short) and 1250 shares by the State Govt. of Nagaland. It is a private Company within the meaning of Companies Act, 1956.3. On 2.6.1980, an employment notice was issued by the HPC for recruitment of personnel for the HPC as well as for NPPC. The advertisement was issued by the HPC as a holding Company having the majority shares in the NPPC at Tuli. One of the posts advertised for NPPC is Superintending Engineer (Mech.) for Paper Machine. The petitioner applied for...
Karunamoy Sarmah Vs. State of Assam
Court: Guwahati
Decided on: Oct-03-2002
S.K. Kar, J.1. The appellant/accused Sri Karunamoy Sarmah was convicted in connection with Sessions Case No. 75 of 1994 under Section 307/448, IPC by Sessions Judge, Karimganj, vide judgment and order dated 28-6-95. He was sentenced to rigorous imprisonment for 7 years and also to a fine of Rs. 500/- in default of fine to further R.I. for 3 months for the offence under Section 307, IPC and to another term of R.I. for 3 months under Section 448, IPC, Sentences were to run concurrently.2. Being dis-satisfied and aggrieved by the impugned judgment and order he has preferred this appeal on several grounds as mentioned in the appeal-petition.3. I have heard learned counsel appearing for the appellant and also learned Public Prosecutor Mr. P. Boara appearing for State/respondent.4. Briefly stated, the case for the prosecution (FIR version) is that on 8-3-92 at about 4-15 p.m. at the place called Rangamati under Patharkandi Police station of District Karimganj, the informant Sri Sunil Ch. Ma...
Manager, Bhooteachang Tea Estate Vs. Presiding Officer, Labour Court a ...
Court: Guwahati
Decided on: Oct-03-2002
Ranjan Gogoi, J.1. The Government of Assam by notification dated 21.11.1992 referred the following two questions to the learned Labour Court, Assam at Guwahati for adjudication : 1. Whether the Management of Bhooteachang T. E. are justified in dismissing Shri Raghu Munda and Shri Jatindra Tanti from service with effect from 29.9.1987 ?2. If not, are the said workmen entitled to reinstatement with full back wages and other benefits, if any, or any other relief in lieu of reinstatement ?After reference was made by the aforesaid notification, Reference Case No. 14 of 1992 between Shri S. S. Rautola, Manager, Bhooteachang T. E. and the Akhil Bharatiya Chah Mazdoor Sangha, Branch Office Rangapara, PO - Rangapara, Dist- Darrang, Assam, was registered and notices were sent to the management in the name of Shri S. S. Rautola, Manager, Bhooteachang T. E. As the management did not appear before the learned Labour Court, Assam at Guwahati, the learned Labour Court, after examining one of the wor...
S. Chaoba Singh Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Oct-01-2002
H.K.K. Singh, J.1. The petitioner joined service in the Border Security Force (for short 'B.S.F') on 24.12,1966 as constable and he was promoted to the rank of Naik and thereafter, to the rank of Head Constable. While he was attached to 143 BN. BSF which was stationed at Malda, on 10.8.1990 he along with another personnel namely, LNK Ishu Bhai were put under suspension by the Commandant. Thereafter, the petitioner along with the aforesaid companion namely, LNK Ishu Bhai were tried by a Summary Security Forces Court on the charges at Annexure-A/4 to the Writ Petition which is reproduced below :-No. 69966739 Head Constable S. Chaoba Singh (Accused No. 1 and No. 87005712 L/NK Ishu Bhai (Accused No. 2) of 143 BN BSF is charged with :-BSF Act Abetment of commissions of an offence by a public servant Sec. 46 under Section 7 punishable under Section 12 of Prevention of Corruption Act, 1988.In that, they while on OP duty at OP Point, Nawada Gate, on 8.8.1998 at 1045 hrs. allowed safe passage...
N.S. Vangmila Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Oct-01-2002
Ranjan Gogoi, J.1. Though facts and events that had occurred during the pendency of the present writ application has changed its complexion, compelling the writ petitioner to seek additional/alternative reliefs, a recital of the complete facts of the easels considered necessary.2. The writ petitioner who is the mother of one N. S. John had originally instituted the present writ proceeding praying for a writ of habeas corpus for production of her son N. S. John and for appropriate orders setting him at liberty. According to the writ petitioner her son was, at the relevant point of time, employed as a Rifleman in the Assam Rifles and posted at Charduar in Sonitpur District of the State of Assam. On 8.8.1995, a Column of 31 Assam Rifles personnel posted as Charduar consisting of amongst others, the son of the petitioner, went to Kangpokpi outpost in Senapati District of Manipur on official duty. According to the petitioner, the said Column of Assam Rifles camped at Kangpokpi outpost for ...
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