Guwahati Court October 2003 Judgments
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Abdul Jalil Talukdar Vs. Pragjyotish Gaolia Bank
Court: Guwahati
Decided on: Oct-30-2003
P.G. Agarwal, J.1. Heard Mr. M.U. Mahmud, learned counsel for the appellant and Mr. B.M. Sarma, learned counsel for the respondent.2. The respondent Pragjyotish Gaolia Bank instituted a Money Suit No. 12/91 against the appellant and others sitting inter alia that the appellant/defendant Abdul Jalil Talukdar had taken a loan of Rs. 9,970 from the plaintiff bank and the money was released to him but the defendant had failed to repay the same. The suit proceeded ex parte and it was decreed by the trail court whereupon the appellant preferred an appeal being Money Appeal No. 2/95 and vide the impugned judgment, the learned District Judge, Barpeta affirmed the judgment and decree of the trial court and dismissed the appeal and the hence the second appeal.3. The substantial question of law formulated in this case reads as follows :-1. Whether the courts below could have passed the ex parte decree in favour of the plaintiff bank when the plaintiff bank did not produce material documents such...
Kulendra Lahkar Vs. Presiding Officer, Labour Court and anr.
Court: Guwahati
Decided on: Oct-30-2003
Ranjan Gogoi, J.1. An award dated 6.9.1999 passed by the learned Labour Court, Guwahati in Reference Case No. 12/1997 has been put to challenge in the present writ proceedings. The aforesaid reference had been registered in the Labour Court at Guwahati on the basis of a dispute between the writ petitioner and the management, which had been referred for adjudication to the learned Labour Court by Notification dated 10.2.1997. In so far as the present writ petition is concerned, the following two questions referred for adjudication by the learned Labour Court would have relevance :(1)(a) Whether the management of M/s.. Tea Brokers (Guwahati) Pvt. Ltd., Guwahati was justified in dismissing Sri Kulendra Lahkar and Sri Naresh Sarma from services?(b). If not, are the said workmen entitled to reinstatement to their job with full back benefit or any other relief in lieu thereof?2. Before the learned Labour Court, a preliminary question with regard to the validity of the domestic enquiry held ...
Atul Chandra Kalita Vs. Bano Ram Boro and ors.
Court: Guwahati
Decided on: Oct-30-2003
P.G. Agarwal, J.1. Heard Mr. B.M. Sarma, learned counsel for the appellant and Mr. K. Basar, learned counsel for the respondents.2. The respondents/plaintiffs instituted a Title Suit No. 85/86 praying for a declaration that the gift deed No. 1544/85 and the subsequent sale deeds No. 362/86 and 363/86 are void and inoperative and for declaration of the plaintiffs' right; title over the suit land and for delivery of khas possession by evicting the defendant. The suit was decreed by the Trial Court whereupon the present appellant preferred the Title Appeal No. 43/89. But the appeal was also dismissed. Hence the second appeal.3. The case of the plaintiff in brief is that the suit land is a joint family property and although it stood in the name of proforma defendant No. 4 Smt. Khalai Boro, it was possessed and enjoyed by all the members of the joint family. The proforma defendant No. 4 due to her old age, had become mentally imbalanced and taking advantage of the said situation the defend...
Sunil Chandra Sarkar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-29-2003
P.P. Naolekar, C.J.1. Heard Mr. S.K. Ghose, learned counsel for the appellant. None appears for the respondent.2. It is the case of the petitioner-appellant in the writ petition that the proceedings have been taken up on reference made by the Superintendent of Police, Nalbari before the Illegal Migrants (Determination) Tribunal, Nathan against one Sri-Sunil Chandra Das, son of Sri Chandra Mohan Das resident of Village Narayan Gaon, PO Ghagrapar, District Nalbari under S. P. Nalbari Ref. No. 769/1987 and the case was registered as Case No. I.M.(D) T(Nal) 12/89. The Tribunal by its order dated 1.8.1989 had held that the said Sri Sunil Chandra Das is an illegal migrant within the meaning of Section 3(1)(c) of the Illegal Migrants (Determination) Tribunal Act, 1983, (hereinafter referred to as 'IMDT Act') and the reference is answered accordingly. It is further alleged by the appellant that in pursuance of the said order passed against Sunil Chandra Das the petitioner is being tried to be...
Mahendra Nath Das Vs. State of Assam and anr.
Court: Guwahati
Decided on: Oct-29-2003
Ranjan Gogi, J.1. A departmental proceeding was initiated against the writ petitioner on the basis of the charge-memo dated 30.8.1995. The charges were enquired into by a duly appointed enquiry officer and on the basis of the report of enquiry dated 15.3.1996, an order dated 17.2,1998 was passed by the disciplinary authority removing the petitioner from service. Aggrieved, a writ petition, i.e., Civil Rule No. 5307/98 was filed by the petitioner, which was finally answered by this Court, on 19.6.2002 by interfering with the order of removal passed. The interference of this Court was primarily on the ground that the copy of the report of enquiry was not furnished to the writ petitioner prior to She imposition of the penalty. This Court, therefore, directed that a copy of the enquiry report be furnished to the petitioner and thereafter gave liberty to the disciplinary authority to recommence the proceeding against the petitioner from that stage. This Court also observed that consequenti...
Governing Body, K.C. Das Commerce College and anr. Vs. Gautam Choudhur ...
Court: Guwahati
Decided on: Oct-29-2003
P.P. Naolekar, C.J.1. Heard learned counsel for the appellant Mr. D. Choudhury.2. The petitioner respondent has been appointed on the post of Accountant by order dated 21.2.1997. The K.C. Das Commerce College was brought under deficit grant-in-aid scheme with effect from March, 1998. The Governing Body of the College has passed a resolution on 19.4.2002 whereby it has decided to release the Grade III and Grade IV employees of the College with effect from 1.6.2002 who are said to have been appointed without selection process. As per the Resolution taken by the Governing Body of the College the petitioner was released by order dated 31.5.2002. After release of the petitioner the Governing Body has issued an advertisement on 27.7.2002 for filling up the post of Accountant. Aggrieved by the order of release whereby the post of Accountant fell vacant and the resultant issuance of advertisement for filling up of that post has been challenged by filling the writ petition. The learned Single ...
Lakshadhar Kalita Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-29-2003
P.P. Naolekar, C.J.1. The schools i.e. Bajali Girls' ME. School and Bajali Giris' High School are situated in the township of Bajali, district Barpeta, in the same campus. As per the policy decision taken by the Government, on 16.7.1983, for amalgamation of the schools, which are situated in the same campus, a resolution was passed by the Managing Committee of both the schools for amalgamation of the schools and, accordingly, schools have been amalgamated on 2.3.2001. The petitioner, who is the Headmaster of Bajali Girls' M.E. School, has filed the writ petition challenging the amalgamation of the schools. The writ petition was dismissed in limine by the learned Single Judge holding that the amalgamation was in accordance with the policy decision taken by the Government on 16.7.1983.2. Aggrieved by the said judgment of the learned Single Judge, the present appeal is filed.3. Heard Mr. M.R. Choudhury, learned counsel for the appellant, Mrs. Anima Hazarika, learned State counsej, appear...
Safique Ali Vs. Surajan Bibi
Court: Guwahati
Decided on: Oct-28-2003
T. Vaiphei, J.1. This is an application under Article 227 of the Constitution of India read with Section 482 of Cr.PC for quashing the order dated 26.3.2003 passed by the learned Sessions Judge, North Tripura, Kailashahar in Crl. Revision No. 3(1) of 2003 affirming the order dated 14.2.2003 passed by the learned Sub-Divisional Magistrate, Kailashahar, North Tripura, in Misc. Case No. 3/2003 under Section 145 of Cr.PC.2. The facts as unfolded from the pleadings of the parties may be briefly stated as follows :-The petitioner claims that he purchased the homestead land measuring 0'53 acres pertaining to Khatian No. 185, C.S. Plot No. 434 (Old) corresponding to new C.S. Plot No. 453, situated within Mouja- Bhagabannagar, Tehasil -. Kailashahar, North Tripura (hereinafter called 'the D/L' for short) from one Sri Paresh Ranjan Roy by a registered Sale Deed No. 1-1151 executed on 2.7.2001. The petitioner also claims that the said Sri Paresh Ranjan Roy had purchased the D/L from one Subhash ...
Tripura Jute Mills Officers Association and ors. Vs. State of Tripura ...
Court: Guwahati
Decided on: Oct-28-2003
T. Vaiphei, J. 1. This is an application under Article 226 of the Constitution of India for directing the respondents to give effect to the recommendation of the 4th Tripura Pay Commission for revision of pay scale in respect of the Officers/Supervisors of Tripura Jute Mills Limited with effect from 1.1.1986 and also for providing house rent allowance, compensatory allowance, career advancement scheme and dearness allowance to the petitioners on par with the employees of the State Government and other public sector undertakings.2. The facts of the case leading to the filing of this writ petition may be briefly stated as follows :- The Tripura Jute Mills Limited (hereinafter called as 'T.J.M.L.) registered under the Indian Companies Act, 1956 is wholly a Government Company and having a Board of Directors, who are appointed by the Government of Tripura. At the time of constitution of 1st Pay Commission by the Government of Tripura, the T.J.M.L. was not yet in existence. However, the 2...
Bonti Bala Das Vs. Oil India Ltd. and ors.
Court: Guwahati
Decided on: Oct-28-2003
P.P. Naolekar, C.J.1. Writ Appeal No. 197 of 2003 preferred by the applicant is barred by limitation by 281 days. The Advocate sent letters on 16.7.2002 and 5.10.2002 to the applicant informing her about the dismissal of the writ petition filed by her late husband and yet the appeal has been preferred on 1.5.2003. It is being alleged that the letters of the Advocate have not been received by the applicant. We find it difficult to believe the statement made by the applicant. Apart form this, we have considered the case on merit also. The applicant's husband, namely, late Bimal Kumar Das had challenged his dismissal from service by directly filing a writ petition. The writ petition was dismissed by the Court holding that there is efficacious alternative remedy available to the workman of approaching the Industrial Court raising industrial dispute and on that ground the Court has refused to entertain the writ petition. We do not find any infirmity in the order passed by the learned Singl...
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