Guwahati Court December 2002 Judgments
Dr. Nirmali Deka Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-20-2002
B. Biswas, J. 1. The dispute relates to fixation of inter-se seniority of the Lecturers of R.G. Baruah College in the stream of Political Science. The Director of Higher Education, Assam by letter dated 9th March, 1998 (Annexure-E) directed computation of seniority from the date when the UGC Scale was given on acquisition of UGC norms. Thus, the writ petitioner who had acquired UGC norms and given scale with effect from 8.2.1991 was placed above the private respondent No. 6 who had acquired the UGC norms on 3.5.1995 and given the UGC scale with effect from that date. 2. The said order of the Director was reviewed by the Commissioner and Secretary to the Government of Assam in the Education Department by the order dated 13.4.1999 (Annexure-1) on application of the private respondent and another Lecturer Smt. Silpi Das, no longer in the service of the College. The Commissioner directed computation of seniority from the date of joining the College. Aggrieved thereby, the petitioner file...
Tag this Judgment!National Insurance Co. Ltd. and ors. Vs. Gurbox Singh and ors.
Court: Guwahati
Decided on: Dec-20-2002
P.G. Agarwal, J. 1. Heard Mr. S. S. Sarma, learned counsel for the appellants and Mr. B. M. Sarma, learned counsel for the respondents. 2. This appeal is directed against the judgment and decree dated 8.12.1999 passed by Shri A. C. Bhuyan, Civil Judge (Sr. Division), Jorhat in Money Suit No. 14/95. 3. The facts in brief are that the respondent plaintiff Sri Gurbox Singh instituted Money Suit No. 14/95 stating, inter alia, that he is the owner of a vehicle No. NLZ-1563 and the same was insured with the appellant defendant National Insurance Co. Ltd. During the subsistence of the Insurance policy, i.e., on 29.6.1989 the vehicle was completely damaged by a mob at Sonaibali and Samaguri P. S. Case No. 130/89 under sections 147/148/149/353/337/338/333 IPC was registered in that connection. For the loss of the vehicle the plaintiff instituted M.A.C. No. 14/90 before the Member, Motor Accident Claims Tribunal, Nagaon and vide order dated 16.12.1994 the learned Tribunal non-suited the plai...
Tag this Judgment!Additional Sessions Judge Vs. State of Tripura
Court: Guwahati
Decided on: Dec-20-2002
B.B. Deb, J. 1. On a reference under Section 395(1) of the Code of Criminal Procedure, received from the learned Additional Sessions Judge, North Tripura, Dharmanagar in connection with Sessions Trial No. 48(NT/D) of 2001, this Criminal Reference Petition has been registered. 2. The facts leading to the registration of this case could be summarised thus: On the basis of a chargesheet involving five accused persons including accused Shri Gopesh Debnath, appears to be a juvenile, in the commission of offence punishable under Section 376(1), 323 read with Section 34 of I.P.C., the learned Magistrate took cognizance and committed the case to the learned Additional Sessions Judge, After thorough perusal of the materials available and after hearing the learned counsel for the parties, the learned Additional Sessions Judge framed charge under Section 376(1) of the I.P.C. against the juvenile accused Shri Gopesh Debnath and under Section 323/34 I.P.C. against five accused persons including ju...
Tag this Judgment!Bijoy Deb Barma and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-20-2002
B.B. Deb, J. 1. In this petition under Article 266 of the Constitution of India, the petitioners challenged the provision of Sub-rule (3) of Rule 14 of Tripura Civil Service Rules, 1967 (hereinafter called the Rules) being ultra vires on the ground that once a post is included in the feeder post for the purpose of appointment to the post of Tripura Civil Service Grade-II the right of the incumbents holding the said feeder post cannot be denied putting an impediment of qualification requirement.2. The petitioners have been serving as Inspector (Motor Vehicles) being appointed on different dates, but all of then in the meanwhile completed 5 years regular service. The recruitment rules for the post of Inspector prescribes requisite qualification as under: ''Essential:(i) Passed Madhyamik or equivalent examination of any recognised University/Board.(ii) Passed 3 years Diploma Course in Automobile Engineering/ Mechanical Engineering from a recognised Institution.(iii) Should have knowledg...
Tag this Judgment!Gopal Ghatwal Vs. State of Tripura
Court: Guwahati
Decided on: Dec-19-2002
B.B. Deb, J. 1. The sole appellant Shri Gopal Ghatwal preferred this Criminal Appeal against the judgment of conviction, recorded by the learned Additional Sessions Judge, West Tripura. Agartala on 24.11.1995 in Sessions Trial No. 176(WT/K)/1994, by which the appellant was convicted under Section 302 IPC with a sentence of rigorous imprisonment for life and a fine of Rs. 3,000, in default one year additional R.I. 2. Precisely, the prosecution case could be narrated thus : At dawn hour on 27.11.1993, Shri Krishna Ghatwal, the informant, Jagnanarayan Ghatwal (deceased). Shri Laxman Debnath and Shri Sridam Ghatwal were enjoying heat of fire under a mango tree at Ghatwal Basti within village Karangicharra under Khowai Police Station. Suddenly, the appellant Shri Gopal Ghatwal came to the fire place with a 'takkal' (dao, the traditionally used sharp cutting weapon) in hand and gave 'two successive blows' on the head of Jagnanarayan, as a result, Jagnanarayan received severe head injury, a...
Tag this Judgment!Borgaram Deuri Vs. Premodhar Bora and ors.
Court: Guwahati
Decided on: Dec-19-2002
Ranjan Gogoi, J. 1. The election of the respondent No. 1 to the Legislative Assembly of the State of Assam from the No. 109 Bihpuria Legislative Assembly Constituency in the election held on 10-5-2001 has been called into question by means of the present election petition. The notification calling upon the electors of all the Assembly Constituencies of the State including the No. 109 Bihpuria Legislative Constituency was issued on 16-4-2001 pursuant whereto as many as 9 (nine) candidates including the election petitioner and the respondent No. 1 filed their nominations from the constituency in question. The poll was held on 10-5-2001 and the counting of votes commenced from 13-5-2001. At the end of the counting, the petitioner having secured 1272 votes less than the respondent No. 1, the Returning Officer declared the respondent No. 1 to be duly elected from the said constituency. Aggrieved, the instant election petition has been filed. 2. The case of the election petitioner as unfol...
Tag this Judgment!Bharati Bhattacharjee Vs. Debotosh Bhattacharjee
Court: Guwahati
Decided on: Dec-19-2002
Ranjan Gogoi, J. 1. By this application under Section 24 of the Code of Civil Procedure, the petitioner-wife seeks the transfer of the proceedings registered as Divorce Suit No. 5(H) of 1997 pending before the learned District Judge, East Khasi. Hills District at Shilling. The aforesaid proceeding for divorce has been instituted before the learned District Judge at Shilling by the respondent-bus band. It may be noticed herein that the petitioner seeks transfer of the said proceeding from the Court at shilling of the Family Court at Cuwahati as she is residing at Guwahati. 2. The grounds on which the transfer of the present divorce suit has been sought are that the petitioner, apart from, having a 17 year-old son has no male member in her family to look after her. She is living at Guwahati with her aged and ailing mother and as she has no regular source of income, it would not be possible for her to go to Shilling for conducting the case and also to take her witnesses of Shilling fo...
Tag this Judgment!Ganeshka Kanoi Tea Co. (P) Ltd. Vs. Assam State Electricity Board and ...
Court: Guwahati
Decided on: Dec-18-2002
D. Biswas, J. 1. The writ petitions listed above pose identical questions. Hence, all the petitions are disposed of by this common judgment.2. The petitioners are existing consumers of power supplied by the Assam State Electricity Board, hereinafter referred to as the 'Board'. The writ petitioners have been served with notices of additional demand for payment of enhanced load security in pursuance of the amendment of Clause 7(c) of the Terms and Conditions of Supply, 1998 carried out by Resolution No. 9 dated 29.7.2000. The amendment was circulated by the Chief Engineer (Commercial) by letter dated 16.8,2000 which provide for deposit of an amount in cash/bank draft/bank guarantee against connected load as load security by the prospective and existing customers raised as per revised schedule of tariff. The petitioners, aggrieved by the demand, have filed the petitions challenging the amendment and the additional bills raised on such amendment.3. The grounds of challenge available in t...
Tag this Judgment!Star India Ltd. Vs. Arup Borah and ors.
Court: Guwahati
Decided on: Dec-18-2002
Ranjan Gogoi, J. 1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is directed against an ex parte order of mandatory injunction dated 8.10.2002 passed by the learned District Judge, Sonitpur, Tezpur in Misc (Arb) Case No. 178/2002. By the aforementioned order dated 8.10.2002, the appellant, who was impleaded as the defendant No. 1 in the proceedings before the learned Court below, has been directed to re-activate/re-connect the Star Plus, Star World, Star Movie and National Geography Channels to the principal respondent (herein 'the plaintiff) until the disputes between the parties are resolved through amicable negotiation or arbitration as per Clause 23 of the Contract Agreement executed by and between the parties. 2. The brief facts may be noticed as hereunder : The principal respondent in the present appeal filed an application dated 5.10.2002 in the Court of the learned District Judge, Sonitpur under Section 9 of the Arbitration and Conciliation Act, ...
Tag this Judgment!East Katigora Fishery Co-op. Society Ltd. Vs. Assam Fisheries Developm ...
Court: Guwahati
Decided on: Dec-18-2002
D. Biswas, J.1. Question to be answered in this petition is whether the Assam Fisheries Development Corporation have the powers of extension of settlement of a Fishery and, if so, what should be the period of extension. 2. The above question is formulated on the factual background of this case. Respondent No. 4 was settled with Shibnaryanpur Annua Fishery of Cachar District for a period of five years in June, 1996. A few months before expiry of the period of settlement, the respondent No. 2 by the impugned letter (Annexure-B) extended the term of Fishery for a period of five years expiring on 31.3.2006. This extension is undoubtedly for a long period. The petitioner Society questioned the propriety, legality and validity of the order of extension on the ground of unreasonableness. 3. In so far the powers of extension is concerned, the decision of this Court in 129 Haria Dublong Meen Sambai Samity Ltd. v. Assam Fisheries Development Corporation Ltd. and Ors. (2001) 1 GLT 454. (Full Be...
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