Guwahati Court January 2003 Judgments
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Indian Oil Corporation Ltd. (Assam Oil Division) Vs. Presiding Officer ...
Court: Guwahati
Decided on: Jan-08-2003
1. With the help of the present application made under Article 226 of the Constitution of India, the petitioner, namely, M/s Indian Oil Corporation Limited (hereinafter referred to as 'the said Corporation') has approached this Court seeking issuance of appropriate writ(s) setting aside and quashing the impugned order, dated 16.10.1997 (Annexure 'E' to the writ petition) passed by the learned Presiding Officer, Central Government Industrial Tribunal, Calcutta, in Misc Case No. 7-1981, which arose out of an application made by the petitioner under Section 33(2)(b) of the Industrial Dispute Act, 1947 (hereinafter referred to as 'the said Act') seeking approval of their action of dismissal of the respondent No. 2 from service. 2. In a narrow compass, the case of the petitioner may be put as follows : the said Corporation has a refinery at Digboi, in the district of Tinsukia, Assam. On 22.12.1988 at about 2.50 PM, when the respondent No. 2 was coming out of the refinery after performing ...
Shankar Roy Choudhury Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Jan-07-2003
I.A. Ansari, J.1. With the help of the present application made under Article 226 of the Constitution of India, the petitioner, who is presently serving as a Station Superintendent in the department of Arunachal Pradesh State Transport, (hereinafter referred to as 'the APST department') has approached this Court seeking issuance of writ/writs setting aside and quashing the order, dated, 23.03.2002 (Annexure P/7 to the writ petition), whereby the department concerned has promoted the respondent Nos. 4 and 5 to the posts of Senior Station Superintendent, and commanding the respondents to promote the petitioner to post of Senior Station Superintend with effect from 29.11.1995. 2. In a nutshell, petitioner's case may be narrated as follows : The petitioner joined the APST department, on 22.3.1976, as an Upper Division Clerk, he was promoted as an Assistant Station Superintendent on 28.2.1983 and by order, dated 18.2.1987 (Annexure P/1 to the writ petition), the petitioner, who is person ...
Oriental Insurance Co. Ltd. Vs. Tamchi Langnia and ors.
Court: Guwahati
Decided on: Jan-07-2003
1. By making this application under Article 226 read with Article 227 of the Constitution of India, the petitioner, namely, M/s Oriental Insurance Co. Ltd. has challenged the legality and validity of the award, dated 26.3.2001, passed by the learned Member, Motor Accident Claims Tribunal, Lower Subansiri, District Ziro, Arunachal Pradesh, in MAC Case No. 1 of 1999. 2. For the sake of brevity, the impugned order, dated 26.3.2001, aforementioned is quoted hereinbelow: 'The case is heard in the Lok Adalat, Both claimant and the General Manager of the Oriental Insurance Company Ltd., Nahariagun are present. In the Lok Adalat a sum of Rs. 1,00,000 (Rupees one lakh) only Excluding No. Fault Liability amount already paid has been awarded for payment to the claimant by the opposite party(s). Hence the Divisional Manager, Oriental Insurance Company Ltd., Nahariagun, is directed to pay an amount of Rs. 1,00,000 only to Shri Tamchi Langia, claimant of the case within one month from the receipt ...
Taku Donyi Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Jan-07-2003
1. By making the present application under Article 226 of the Constitution of India, the petitioner has approached this Court seeking issuance of appropriate writ(s) setting aside and quashing the order, dated 7.9.2001 (Annexure-H to the writ petition) passed by the respondent No. 4 and commanding the respondent to allot the land, in question, in favour of the petitioner in terms of the Government's Circular No. 47/84, dated 25.10.1994. 2. The material facts leading to this writ petition may, in brief, be stated as follows: (i) By order, dated 5.5.1999, passed in WP(C) No. 2039/99, the respondent No. 4, namely, Deputy Commissioner, Papumpare district, was directed by this Court to consider petitioner's case for regularisation of the land, in question, in terms of the Circular, dated 25.10.1994, and any other relevant circular that may have been in force. It was further directed by this Court vide its order, dated 5.5.1999, aforementioned that until further order, whichmay be passed b...
Hage Bida Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Jan-07-2003
1. Will continued absence from duty of a Government employee for a period of almost seven years, without leave having been applied for or granted, automatically terminate the service of such a Government employee is the moot question, which this writ petition has raised for consideration of this Court. 2. By making this application under Article 226 of the Constitution of India, the petitioner has approached this Court seeking issuance of writ(s) commanding the respondents to allow the petitioner to resume his duties as Field Investigator in the Directorate, of Economics &' Statistics, Govt. of Arunachal Pradesh, Itanagar, and treat the period of absence of the petitioner from duty with effect from 25.10.1989 till the date of his resumption of duty on medical leave. 3. In a nutshell, petitioner's case may be narrated as follows : The petitioner, who was initially working as a Village Field Asstt. under the Veterinary Department, Govt. of Arunachal Pradesh, was appointed as a Field In...
Chittaranjan Mahanta Vs. State of Assam
Court: Guwahati
Decided on: Jan-06-2003
D. Biswas, J.1. This appeal is directed against the judgment and order dated 17.4.1997 passed by the learned Sessions Judge, Kamrup at Guwahati in Sessions Case No. 142(K)93 Under Sections 498(A)/306 of I.P.C. The learned Sessions Judge by the impugned judgment convicted the appellant under aforesaid provisions of the Indian Penal Code and sentenced him to suffer imprisonment for a period of two years and to pay fine of Rs. 1,000/-, in default, further imprisonment for one month Under Section 498(A), I.P.C. and to suffer rigorous imprisonment for four years and to pay fine of Rs. 2,000/-, in default, further imprisonment for two months Under Section 306, I.P.C.2. The wife of the appellant committed suicide on 7.12.1989 by hanging herself in the bathroom. The matter was reported to the Officer-in-Charge of Dispur Police Station on the same day. It was registered as U.D. Case No. 32/1990. The women activists submitted an application, Exhibit-2, before the Police and this was also regist...
Union of India (Uoi) and anr. Vs. Madhu Ram Barman and anr.
Court: Guwahati
Decided on: Jan-05-2003
P.P. Naolekar, C.J.1. Heard Mr. S. Sarma, learned counsel for the appellant and Mr. S.K. Borkakati, learned counsel for the respondents.2. Writ petition has been filed making a claim of compensation on account of death of one Prabhat Barman, son of Sri Madhu Nath Barman, the petitioner No. 1 and grievous injury suffered by Sri Nripen Kalita, son of Sri Nagen Kalita, petitioner No. 2. The learned Single Judge has found that the grievous injury has been sustained and death was caused on account of fall of wall of the water tank of N. F. Railway situated at Satpukhuri Hilltop near Uzanbazar area of the Guwahati city on the night of 11.2.1999 resulting in death of Prabhat Barman, the son of the petitioner No. 1 and causing grievous injuries to Sri Nripen Kalita, the son of the petitioner No. 2. Learned Single Judge has not passed any order ascertaining or quantifying the compensation to which the petitioners are entitled and it was left to the Railways to ascertain the compensation amount...
C. Lawihmingthanga Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jan-04-2003
P.P. Naolekar, C.J. 1. The relevant facts necessary for adjudication of the issues involved in this case are, that the petitioner was temporary appointed as officiating LDC in the scale of pay of Rs. 260-400 p.m. vide order dated 15.4.1978. The petitioner was absorbed in regular vacancy of LDC with effect from 5.5.1978 and thereafter, he was confirmed against a permanent post of LDC with effect from 1.5.1982 vide order dated 11.3.1983. The petitioner was put under suspension in contemplation of the departmental enquiry vide order dated 18.2.1986. The petitioner was served with a charge sheet on 14.5.1986 wherein the petitioner was charged for absenting himself from duty without taking prior permission and that he had failed to maintain the account in respect of sale proceed properly and had misappropriated a sum of Rs. 3,84,862 being supply of sale proceed Biate Group Centre, and lastly, while functioning as LDC he had spent Rs. 7000 being supply of sale proceed of Biate Group Centre ...
Abdul Gaffar Vs. Ramen Das and ors.
Court: Guwahati
Decided on: Jan-03-2003
1. With the help of the present application made under Sections 401/397 read with Section 492 of the Code of Criminal Procedure, the petitioner has approached this Court with prayers, inter alia, to set aside and quash the impugned order, dated 18.2.1994, passed by the learned Munsiff Magistrate No. 1, Goalpara, in C.R. Case No. 89/94, whereby the learned Magistrate dismissed the petitioner's complaint made against the accused-Opposite Party on the ground that legal sanction to institute the proceeding against the accused-Opposite Party did not exist. 2. In a nutshell, petitioner's case may be narrated as follows : The petitioner is in lawful possession of the land, described in the schedule to the complaint. As the Forest Officials were disturbing petitioner's possession over the said land, he instituted a Title Suit against the Divisional Forest Officer, Goalpara, and others seeking declaration of his title to the said land and for restraining the dependents from entering into the ...
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