Guwahati Court November 2002 Judgments
Nazrul Islam Vs. Chairman, Assam State Warehousing Corporation and ors ...
Court: Guwahati
Decided on: Nov-29-2002
S.K. Kar, J.1. Being inflicted with minor punishment of withholding of 2 increments with cumulative effect, petitioner Sri Nazrul Islam has approached this court on 24.2.1997 to invoke power of this court under Article 226 of Constitution alleging violation of Articles 14, 311 and provisions of Assam State Warehousing Corporation (in short ASWC) (Staff) Regulation, 1980 and violations of Assam Civil Services (Discipline and Appeal) Rules, 1964 etc. (It is stated by respondents that Regulations of 1980 has since been replaced by ASWC (Staff) Regulations, 1989.)2. The petitioner was appointed as Technical Assistant under ASWC in the year 1980. He attended training at New Delhi successfully and thereafter was transferred to and posted at Tangla, Maidamgaon and Karimganj. He was then posted at Silchar by order dated 23.10,1992 and entrusted with responsibility to open proposed Silchar Centre II of ASWC. He was facing staff shortage and by repeated letters asked for the experienced staffs ...
Tag this Judgment!Kshirode Chandra Debnath Vs. State of Tripura
Court: Guwahati
Decided on: Nov-28-2002
H.K.K. Singh, J. 1. Heard the learned P.P. 2. This Appeal is directed against the judgment and order of conviction and sentence by the learned Session Judge, North Kailashahar on 11.4.1996 in Sessesions Trial No. 2(NT/K)95 by which the appellants were convicted under Section 304 Part II read with Section 34 IPC and sentenced to undergo 7 years R.I., under Section 326 read with Section 34 IPC sentencing them to undergo six months' R. I. under Section 323 read with Section 34 IPC.3. The three accused persons along with three others (altogether six accused persons) ware tried for the offence under Sections 148, 302, 326 and 323 read with Section 149 IPC for causing death of one Binanda Nath Choudhury, grievous hurt to Smt. Sandhaya Nath Choudhury and simple hurt to Ranjit Nath Choudhury in the night between 21.9.1991 and 22.9.1991. On trial, out of the six accused persons, the three accused appellants namely, (1) Shri Kshirode Chandra Debnath, (2) Shri Rabindra Malakar (alias Rabi Malak...
Tag this Judgment!Assam Cycle Company Vs. Motilal Bothra and ors.
Court: Guwahati
Decided on: Nov-28-2002
Ranjan Gogoi, J. 1. This revision application, at the instance of the defendants is directed against the judgment and decree dated 18.3.1997 passed by the learned Civil Judge, Senior Division, Sonitpur, Tezpur in Title Appeal No. 1 of 1994. The Judgment and decree dated 1.12.1993 passed by the learned Sadar Munsiff in Title Suit No. 24 of 1986 dismissing the plaintiffs suit having been reversed by the impugned Judgment and decree dated 18.3.9197, the present revision has been filed.2. Title Suit No. 24 of 1986 was instituted by the present apposite parties as plaintiffs praying for a decree of eviction of the present petitioner, i.e., the defendant in the suit. According to the plaintiffs, the defendant was a tenant in respect of the suit premises and as per the agreement between the parties, rent was required to be paid after the expiry of each month according to English calendar. The defendant, it was alleged, failed to pay rent for the month of June, 1985 and, therefore, had become...
Tag this Judgment!Union of India (Uoi) Vs. Hemlata Mudoi
Court: Guwahati
Decided on: Nov-27-2002
P.P. Naolekar, C.J. 1. An application under Section 16 of the Railway Claims Tribunal Act, 1'987 was, filed by Smt. Hem Lata Mudoi, mother of the deceased Mridul Mudoi claiming compensation to the tune of Rs. 4,00,000 for the death of her son who met his death in an untoward accident at Digaru Railway Station while travelling by Kapili Inter City Express.2. The brief facts on the basis of which the compensation was claimed are that the deceased Mridul Mudoi was working as ASM at Digaru Railway Station under NF Railway. On 1.6.1999 the deceased was travelling by 67 UP Kapili Inter City Express from Guwahati in to Jagiroad Railway Station. The deceased was holding a 2nd Class ticket for travelling with the Railways. There was a heavy rush in the train and the deceased fell down from the train at Digaru Railway Station as a result thereof sustained his death. The incident took place at about 11.10 AM. The dead body was sent to the Gauhati Medical College Hospital where the post mortem w...
Tag this Judgment!Assam Jatiya Vidyalaya and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-25-2002
Ranjan Gogoi, J. 1. Aggrieved by the selection of the respondent No. 4 for the grant of a contract for designing, supplying, installation, testing & commissioning of Son-Et-Lumiere (Sound & Light) at Srimanta Sankardev Kalakhetra at Guwahati, the writ petitioner, a unsuccessful tenderer, has approached this Court challenging the decision making process leading to the award of the aforesaid contract.2. The facts as unfolded by elaborate pleadings of the parties as well as the records in original as produced by the respondent No. 2 may be briefly noted as hereunder :- A notice dated 15.9.2000 was published in the newspaper on 27.9.2000 inviting sealed tenders for the grant of the contract as noted above. The last date of submission of tenders was 11.10.2000 which date was however subsequently extended to 24.10.2000 and thereafter to 27.10.2000. On 27.10.2000 the tenders received (three in number) were opened in the presence of the tenderers or their authorized representatives. A...
Tag this Judgment!Hemanta Kumar Talukdar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-25-2002
A.H. Saikia, J. 1. Heard Mr. B.K. Sharma, learned senior counsel assisted by Mr. U.K. Nair, learned counsel for the petitioner. Also heard Mr. A. Thakur, learned State counsel appearing on behalf of the State-respondents. 2. The grievances narrated in this writ petition are that initially the petitioner was appointed in the post of Child Development Project Officer in the Social Welfare Department under Regulation 3(f) of the Assam Public Service Commission (Limitation & Functions) Regulations, 1951 (for short the Regulation) vide Notification dated 7,8.1993 with a condition that the petitioner was liable to qualify within the existing vacancies, in the next interview to be conducted by the Assam Public Service Commission (for short, APSC), the Respondent No. 3 failing which their services will be terminated and the same is evident from Appointment Notification dated 7.8.1993 itself (Annexure-1 to the writ petition). But the petitioner's services was terminated w.e.f. 6.2.1999 vide...
Tag this Judgment!Mahmadul Haque Laskar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-20-2002
I.A. Ansari, J. 1. Terming arbitrary manipulative, mala fide and on extraneous considerations, the declaration of the result of the election of the respondent No. 5 as President of No. 10 Silchar Anchalik Panchayat, the petitioner has approached this Court, with the help of his present writ application made under Article 226 of the Constitution, challenging the said election, held under Section 37 of the Assam Panchayat Act, 1994, as violative of Rule 45(1) of the Assam Panchayat (Constitution) Rules, 1995, and seeking issuance of writ/ writs setting aside and/or quashing the impugned order, dated 31.3.2002 (Annexure 5 to the writ petition), whereby the respondent No. 5 was declared as President of the Panchayat aforementioned and commanding the respondents to hold afresh, in accordance withprovisions of Rule 45, election to the office of President and Vice-President of the Panchayat aforementioned 2. Whether Section 129 read with Section 127 of the Panchayat Act, 1994, bars jurisdic...
Tag this Judgment!Darog Ali and ors. Vs. Musstt. Netgjan Ness and anr.
Court: Guwahati
Decided on: Nov-18-2002
1. Heard Mr. A.B. Choudhury, learned Counsel for the petitioners. None appears on behalf of the respondents despite notice. 2. This Criminal Revision has been directed against the impugned judgment and order dated 6.9.2001 passed by the Learned Sessions Judge, Bongaigaon in Case No. C.M6(2)/2001 by which the attachment order dated 11.4.2001 under Section 146(1) Cr.PC passed by the Learned Executive Magistrate, North Salmara, Abhayapuri in Case No. 47/2001 by drawing up proceeding under Section 145 Cr.PC was upheld. 3. Mr. Choudhury, Learned Counsel for the petitioners assailing the impugned judgment, has argued that the Learned Sessions Judge totally ignored the provisions of law laid down under Section 146 Cr.PC as regards attachment of the disputed land in drawing up proceeding under Section 145 Cr.PC. Drawing attention to the initial order dated 11.4.2001 which was challenged before the Sessions Judge, Mr. Choudhury learned counsel for the petitioners has contended that the order ...
Tag this Judgment!Motiur Rahman Vs. United Commercial Bank and ors.
Court: Guwahati
Decided on: Nov-18-2002
Ranjan Gogoi, J. 1. The validity of the disciplinary proceeding initiated against the writ petitioner by a charge memo dated 29.9.2000 and a notice dated 12.4.2001 asking the writ petitioner to show cause against the proposed penalty after holding the writ petitioner guilty of the charges brought is the subject-matter of challenge in the present proceeding.2. The facts of which the instant challenge is founded, may be recited very briefly.The petitioner who was at the relevant point of time working as a Clerk-cum-Assistant Cashier at Debok Branch of the respondent-Bank was charge sheeted by a charge memo dated 29.9.2000. The essence of the charges brought against the writ petitioner is that while the writ petitioner was employed in the aforesaid capacity in the concerned Branch of the respondent-Bank, against receipt of different amounts in cash deposited by the customers of the Bank, the writ petitioner had signed and affixed the seal of the Bank on the counterfoils of pay-in-slips ...
Tag this Judgment!Amit Nitik and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Nov-15-2002
I.A. Ansari, J. 1. When the Government has the choice to retain and/or re-appoint one out of its two temporary/ad-hoc employees, whether the Government can opt to retain and re-appoint the junior one in service between the two is the question, which this writ petition has raised for consideration by this Court.2. With the help of the present application, made under Article 226 of the Constitution of India, the petitioner has approached this Court seeking issuance of appropriate writ/writs setting aside and quashing the continuation of the respondent Nos. 3 to 9 as Village Level Workers (Junior), hereinafter referred to as 'the VLW (Jr.)', under the Directorate of Agriculture, Government of Arunachal Pradesh, and commanding the respondents to reularise the services of the petitioners as VLWs(Jr.) on the basis of their satisfactory performance of duties and/or to allow the petitioner to continue to remain in service as VLW (Jr.).3. In a nutshell, the case of the three petitioners, as fi...
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