Guwahati Court June 2002 Judgments
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B. Sangkhumi and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jun-28-2002
P.C. Phukan, J.1. I have heard Mr. C. Lalramzauva, learned counsel for the petitioners and Mr. N. Sailo, learned Govt. Advocate Mizoram, appearing for the State Respondents Nos. 1, 2 and 3. None appeared for the private respondents Nos. 4 to 12 though notices were duly served on them.2. The petitioner No. 1 was initially appointed as Lecturer in Govt. College, Aizawl vide notification dated 26.7.1974 (Annexure-A/1) and is currently holding the post of Joint Director, (Technical) in the Directorate of Higher Technical Education, Govt. of Mizoram. The petitioner No. 2 was initially appointed as Lecturer in Govt. Graduate Teachers' Training Institute, Aizawl, vide notification dated 10.3.1975 (Annexure-A/4) and is currently holding the post of Principal, College of Teachers' Education, Aizawl. The petitioner No. 3 died during the pendency of this Writ petition and his name has been struck off. Thepetitioner No. 4 was initially appointed as Lecturer in Pachhunga University Govt. College,...
Pu Myllai Hlychho and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jun-27-2002
P.P. Naolekar, C.J.1. The question involved in both these appeals are analogous and, therefore, are decided together.Facts in brief relevant for the purposes of adjudication of the question in both these cases are :The Mara Autonomous District Council (hereinafter shall be referred to as 'MADC') has been constituted as per the provisions of Paragraph 20B of the Sixth Schedule to the Constitution of India (hereinafter referred to as the Sixth Schedule) and is a body corporate. The MADC consisted of 19 elected members elected through adult franchise and a maximum of four nominated members to be appointed by the Governor of Mizoram for a term of five years with effect from the first sitting of the Council. After the election of the members of MADC held on 9.2.2000, (1) Mrs. Lalbaiaktluangi Sailo, (2) Mr. Myllai Hiychho, (3) Mr. C. Lawbel and (4) Mr. S. Lalremthanga, were appointed as nominated members of MADC by the Governor of Mizoram on 8.8.2000, in exercise of the powers conferred un...
Phanidhar Medhi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-26-2002
J.N. Sarma, J. 1. This writ application has been filed by an employee of the Chief Judicial Magistrate, Morigaon challenging the order of dismissal dated 7.12.1998 passed by the Respondent No. 3, Chief Judicial Magistrate, Morigaon, Assam dismissing the petitioner from service. The petitioner was dismissed from service by holding an enquiry. Earlier this writ petitioner approached this Court by filing a writ petition being Writ petition (Civil) No. 299/99 and this writ petition came up for disposal before this court and on 8.2.1999 this court dismissed the writ petition on the ground that, there is alternative remedy available to the petitioner against the impugned order. Orders of the Chief Judicial Magistrate are appealable before the District & Sessions Judge, Morigaon and the petitioner should avail the alternative remedy. Accordingly an appeal was filed before the learned District & Sessions Judge, Morigaon under Rule 15 of the Assam Services (Discipline & Appeal) Rules, 1964. T...
Bakul Chandra Mazumdar and ors. Vs. State Bank of India and ors.
Court: Guwahati
Decided on: Jun-26-2002
D. Biswas, J. 1. The question to be answered in this writ petition is whether the refusal of promotion to the petitioner, an officer in MMG Scale-II of the State Bank of India to the next higher grade, MMG Scale-Ill was in accordance with the provisions of the Rules and Regulation of the bank and, if not, the relief to which the petitioner is entitled to.2. The petitioner after completion of Post Graduate studies in Science appeared in the Probationary Officers Examination. He was selected and appointed as such in the month of December, 1993. His initial posting was at Agartala Branch of the State Bank of India in the State of Tripura. On successful completion of the probation period of two years,' he was confirmed in the Junior Management Scale-I. In November, 1989 the petitioner was promoted to the Middle Management Grade-II. On completion of three years of service in the Middle Management Grade-II, the petitioner became eligible for consideration for promotion to the MMG Scale-II...
Bud International and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-26-2002
P.G. Agarwal, J. 1. Heard Sri K.P. Sarma, learned Senior Counsel for the petitioners,Sri B.M. Choudhury, learned counsel for the Assam Tourism Development Corporation Ltd. hereinafter referred as 'ATDC' and Sri Saikia, learned Government Advocate. 2. The facts that the petitioner, M/s Bud International, Guwahati, hereinafter referred as petitioner submitted a proposal to 'ATDC' for setting up a mini Appu Ghar at Guwahati sometime in the month of July, 1994. The then Managing Director, ATDC directed the petitioner to submit his detailed plan, estimate, terms and conditions etc. and accordingly, petitioner submitted his proposal on 19th of August, 1994 vide Annexure-B. the said proposal was forwarded to the Govt. of Assam by the ATDC on 16.11.1994 and thereafter, Govt. of Assam wrote a correspondence to the Director of Tourism on 29th August, 1998, Annexure - D1, a copy of the said letter was forwarded to the petitioner by the Director of Tourism vide Annexure - D dated 17th September,...
Lalit Das Vs. State of Assam
Court: Guwahati
Decided on: Jun-26-2002
D. Biswas, J. 1. This revision is directed against the Judgment and Order dated 9.3.1999 passed by the Learned Chief Judicial Magistrate, Tinsukia in C. R. Case No. 165 of 1997 convicting and sentencing the revision petitioner under Section 16 read with Section 7. of the Prevention of Food Adulteration Act, 1954 to suffer Simple Imprisonment for six months and to pay a fine of Rs. 1000, in default to further Simple Imprisonment for one month more and the Judgment and Order dated 3.5.2000 passed by the Learned Sessions Judge dismissing the Appeal No. 7(2) of 1999 preferred by the revision petitioner against the aforesaid judgment. 2. I have heard Mr. K. Agarwalla, learned counsel for the revision petitioner and Mr. S. K. Lahkar, learned Public Prosecutor for the State of Assam. 3. Shri Agarwalla, learned counsel at the very first instance argued that the petitioner was not supplied with the copy of the report of the Public Analyst in violation of the provisions of Section 13(2) of ...
Srimanta Pratim Barooah Vs. State Bank of India and ors.
Court: Guwahati
Decided on: Jun-25-2002
J.N. Sarma, J.1. This writ application has been filed challenging the legality and validity of the order dated January 4, 1998 (Annexure-L) by which the petitioner was dismissed from service, shortly for 'Breach of Trust' reposed on him by the Bank. There was an appeal against that order and by order dated March 1, 2000 the appeal was dismissed. That is Annexure-N. Hence, this writ application.2. The petitioner herein joined the Bank (State Bank of India) hereinafter called as 'SBI' in the year 1974 as a Clerk. In that capacity the petitioner served for 8 years and thereafter the petitioner was promoted to the Managerial cadre in the year 1981 and posted at Dispur Branch where he worked till 1988, thereafter the petitioner was transferred and posted as Manager (Agricultural Division) of SBI, Kohima where he served till September, 1990. Thereafter the petitioner was transferred and posted at Zonal Office of the Bank of Shillong. After sometime the petitioner was transferred and posted...
Sanu Saikia Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-21-2002
1. This Habeas Corpus application under Article 226 of the Constitution of India, has been filed by Sri Sanu Saikia, stating inter alia that on 4.12.1999 his brother Prafulla Saikia @ Manash Pratim Mech was picked up by Army personnel from the house of one Sri Bipul Gogoi @ Petua Mahari. The said detenue was assaulted and he was whisked away in any Army vehicle and since then his whereabouts are not known. The detenue was also not produced before the Magistrate or handed over to police as required. Upon filing of the present petition, this Court vide order dated 22.12.1999 directed the respondents to produce the detenue before the nearest Police Station.2. The respondent Union of India filed an affidavit denying the allegations. It is stated that Prafulla Saikia @ Manash was never picked up by the Army and as such there is no question of handing over the said person to the Police. In view of the above denial, this Court vide order dated 8.2.2001, directed the District & Sessions ...
N.V. Marketing Pvt. Ltd. and anr. Vs. State of Arunachal Pradesh and o ...
Court: Guwahati
Decided on: Jun-21-2002
I.A. Ansari, J. 1. Being adventurist by nature, man has, generally, opted to take risks. Being unable to bring under control his instinct for greed, man has been indulging in adventurist activities, which may make him own worldly materials. Thus, a combined instinct of adventurism and greed has always drawn man to gambling and betting. Though detested from time immemorial, gambling and betting have continued, sometimes, on account of man's failure to win over his instinct of adventurism and greed and, sometimes, at the initiative taken by others to draw man to gamble in order to reap benefits. Lottery has been one of such forms of gambling since 100 B.C. It was Cheung Leung of China's Hun Dynasty, who created game of lottery of keno to raise funds for his army in the year 100 B.C. By drawing his war-tired people to indulge in this game of chances, he not only made them contribute to his army, but also helped fund the Great Wall of China. As a game of chance, lottery became nothing bu...
Oil and Natural Gas Corporation Ltd. Vs. Ambuja Cement Eastern Ltd.
Court: Guwahati
Decided on: Jun-21-2002
P.P. Naolekar, C.J.1. The Appeal and the Civil Revision arise out of the same judgment and order dated 30.9.1996 passed by the Assistant District Judge, Sibsagar in Misc. (Arb) Case No. 49 of 1995, whereby the Assistant District Judge had granted injunction restraining the petitioner and the proforma Respondent from embarking upon and continuing with the Arbitration Proceeding arising out of the contract/supply order dated 23/26.6.1990.2. The petitioner is a company, which is carrying on the business of exploration and production of hydrocarbon and the Eastern Regional Business Centre of the Company is engaged in such activities in the North Eastern'States. The petitioner prepares various drill sites at various places as per geological data for the purpose of drilling rigs for exploration of hydrocarbon. The petitioner required ordinary Portland cement for various constructions at drilling sites. The petitioner for the purpose of procuring ordinary portland cement (OPC) invited open t...
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