Guwahati Court November 2003 Judgments
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Dinesh Sarkar and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Nov-28-2003
P.G. Agarwal, J.1. This is a second round of litigation by the petitioners, who are the owners of the stage carriage buses plying on Agartala - Narsingarh route. The petitioners were granted permit and pursuant to that they were plying their buses from Narsingarh to Agartala and back. At Agartala, the permit holders were allowed to use the bus stand known as Agartala Motor Stand. However, by notification dated 5.9.1996 the State Transport Authority shifted the Bus Stand to newly established stand, namely, Radhanagar Bus Stand and notified that the North Bound vehicles, which includes the stage carriage vehicles of the petitioners, shall use the Radhanagar Bus Stand and they will not be allowed to proceed beyond the said bus stand which is at a distance of about 2 k.m. from the earlier bus stand. A notification to that effect was issued by the District Magistrate, West Tripura, Agartala on 22.11.1995 and a public notification was also issued which reads as follows :'NotificationIt is h...
Manju Bhattacharjee Vs. Dr. Rebati Kumar Deb
Court: Guwahati
Decided on: Nov-28-2003
Amitava Roy, J.1. Heard Mr. A.R. Banerjee, learned counsel for the complainant/ petitioner. None appears for the opposite party.2. In this revision petition the petitioner has challenged the orders dated 4.1.1994 and 25.1.1994 passed by the learned Judicial Magistrate, Hailakandi thereby rejecting the prayer of the petitioner-complainant for ordering personal appearance of the opposite party-accused who was represented in the trial by his Advocate. A complaint was filed by the present petitioner which was registered as Complaint Case No. 1347/ 92 against the opposite party alleging that the opposite Party with the help of 10/12 persons on 29.3.1992 had trespassed and encroached upon the land on the northern bank of her pond, running from East to West forcibly digging out a drain and had constructed a pucca wall thereon. On objection being raised by the husband of the complainant-petitioner the accused O. P. threatened him to assault. The learned trial court took cognizance of the offe...
On the Death of Deepak Kumar Dutta His Legal Heirs Vs. Union of India ...
Court: Guwahati
Decided on: Nov-27-2003
Ranjan Gogoi, J.1. The substituted petitioners are the legal heirs of one Dipak Kumar Dutta who died during the pendency of the present writ application on 19.8.2002.2. For the sake of convenience, the deceased is being referred to, hereinafter, as the writ petitioner. This writ petitioner was charge-sheeted by charge memo dated 29th September, 1999. The two charges levelled against the writ petitioner may be extracted as under : 'That the said No. 934610133 Constable D. K. Dutta (U/S) of CISF Unit ONGC Jorhat (Sarupathar Sector) who was detailed for duty from 2100 hrs to 0100 hrs on night of 30/31.8.1999 failed to prevent theft of 04 Nos. of production pipes (30 ft each) and two GI pipes worth Rs. 26,000 from KGP-I drill site on the intervening night of 30/31.8.1999. Thus, he exhibited an act of negligence, irresponsibility, violation of rules, indiscipline and unbecoming of member of Armed Force, i.e., CISF. Hence the charge.''That the said No. 934610133 Constable D.K. Dutta (U/S) o...
Bigum Ngulom and anr. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Nov-27-2003
I.A. Ansari, J.1. By making this application under Article 226 of the Constitution of India, the petitioners, who are office bearers of Arunachal School Education Officers' Association, have approached this Court seeking, inter alia, issuance of appropriate writ/writs commanding the State respondents in repatriate respondents No. 6 to his parent Directorate of Higher Technical Education and to exclude the name of the respondent No. 6 from the inter se seniority list of the officer's of the Directorate of School Education.2. The case of the petitioners may, in brief, be stated as follows :(i) The petitioner No. 1 is the President and petitioner No. 2 is the General Secretary of Arunachal School Education Officers' Association (hereinafter referred to as 'the said Association'). Petitioner Nos. 1 and 2 are working as Principal Govt. Higher Secondary School, Itanagar, and Govt. Higher Secondary School, Doimukh, respectively and both of them represent the said Association. Respondent No. ...
Mahabhairab Temple Management Committee Vs. Govinda Borthakur and ors.
Court: Guwahati
Decided on: Nov-25-2003
Ranjan Gogoi, J.1. An order was passed by the Additional Deputy Commissioner, Darrang on 6.6.1986 granting perpetual annuity for the years 1972 to 1976 under the provisions of Section 8(5) of the Assam State. Acquisition of Lands belonging to Religious or Charitable Institutions and Public Nature Act. 1959, shortly, 'the Act'. The aforesaid annuity, for the period in question, was granted to the present respondent No. 1 as the legal heir of one Narayan Chandra Sarmah Borthakur, who was found to be the head of the institution known as Shri Mahabhairab Devalaya at the Tezpur Town during the period 1972 to 1976. The appeal filed before the learned District Judge, Darrang at Tezpur, under Section 21 of the Act by the management committee of the temple against the order dated 6.6.1986 was dismissed by the learned District Judge by his order dated 13.10.1999 holding that during the period 1972 to 1976, Narayan Borthakur had been the Head Priest of the temple and was also the Head of the ins...
Viswa Nath Bogar Vs. Gyarsilal Agarwalla
Court: Guwahati
Decided on: Nov-24-2003
I.A. Ansari, J.1. Put shortly, the facts giving rise to this revision are as follows :(i) The revision petitioner, as plaintiff, instituted Title Suit No. 63/96 in the Court of the learned Munsiff No. 1, at Sibsagar, seeking, inter alia, the reliefs of eviction of the defendant (i.e., opposite party in this revision) from the suit room and delivery of vacant possession thereof to the plaintiff. The process server reported, on the body of the summons issued to the defendant (opposite party), to the effect, inter alia, that the defendant had refused to accept the summons and that the summons had been hanged on the outer-side of the door of the house of the defendant. By order, dated 3.9.1996, the learned trial Court, while accepting service of the said summons on the defendant, fixed the case for ex parte hearing. The plaintiff accordingly examined himself, on 9.9.1996, as a witness and the suit was decreed, on 9.9.1996 itself, in favour of the plaintiff. This decree was executed on 10....
Bimalangshu Roy Vs. Kamaaalendu Bhattacharjee
Court: Guwahati
Decided on: Nov-21-2003
I.A. Ansari, J.1. By making this application under Order 6, Rule 16 read with Order 7, Rule 11 and Section 151 of the Code of Civil Procedure, the respondent No. 1, whose election, as a member of the Assam Legislative Assembly from No. 9 Silchar Legislative Assembly Constituency, is sought to get, inter alia, declared void in the Election Petition Case No. 3/2001, has approached this Court to get stuck out the contents of paragraph Nos. 5, 10, 11, 12, 13, 15 and 16 of the election petition on the ground, inter alia, that the contents of these paragraphs are unnecessary vexatious and scandalous and do not disclose any cause of action.2. It needs to be noted, at the very out set, that the election petitioner, Opposite party made the election petition under Section 80(A) of the Representation of the People Act, 1951 (hereinafter referred to as 'the R. P. Act') alleging, inter alia, that the election of the respondent No. 1 -applicant is void on the ground that corrupt practices have been...
Md. Jamal Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-21-2003
Amitava Roy, J.1. The subject matter of challenge in Criminal Revision No. 413/2001 is the order dated 10.8.2001 passed by the learned Sessions Judge, Dhubri in Criminal Revision Case No. 2(3)/2001 and 3(3)/2001 with regard to the interim prayer for custody of Barks of Leham Trees, whereby the Respondent No. 6 was allowed Zimma of 420 bags of seized Laham Barks and the petitioner was allowed to take Zimma of the remaining bags seized in connection with Dhubri P.S. Case No. 1307 2001. This Court by order dated 16.8.2001 while issuing notice of motion stayed the operation of the order dated 10.8.2001 allowing Zimma of 420 bags of Laham Barks in favour of the Respondent No. 6.2. Criminal Revision No. 476/2001 has been filed against the order dated 21.8.2001 passed by the learned lower revisional court declining to issue a direction to take back the Zimma of the Laham Barks which in the meantime had been granted in favour of the Respondent No. 6. By the said order the learned court below ...
Harekrishna Mazumdar Vs. State of Assam
Court: Guwahati
Decided on: Nov-20-2003
P.G. Agarwal, J.1. The petitioner before us Sri Harekrishna Mazumdar is the proprietor of 'Muzumdar Stores', a grocery shop situated at Jamunamukh, Dist. Nagaon. On 28.5.1992, Food Inspector visited the shop and collected sample of 'Mothdal' which was stored in the shop for sale on analysis, it was found that the sample of 'Mothdal' is artificially coloured with coal-tar colour Tartrazine which is not permitted to be used in Moth dal (Foodgrain) as per Rule 29 of the prevention of Food Adulteration Act, 1954 and Rules, 1955.2. The petitioner was tried by the SDJM, Hojal and on conclusion the trial, the learned SDJM convicted the accused appellant under Section 16(1)(a)(i) of the Prevention of food Adulteration Act read with Section 7 of the said Act. The accused was sentenced to imprisonment for 6 months and to pay a fine of Rs. 1,000/- in default to suffer imprisonment for another one month.3. Feeling aggrieved, the petitioner preferred Crl. Appeal No. 11(N)/95 and vide impugned orde...
Bhabendra Sharma Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Nov-20-2003
Ranjan Gogoi, J.1. The contours of the writ power to examine the validity of a transfer order of a Government servant is the question that has surfaced once again in the present case. Specifically, the challenge is in respect of the transfer order dated 8.7.2003 transferring the writ petitioner Shri Bhabendra Sharma from the office of the Deputy Inspector of Schools at Mangaldoi to the office of the Block Elementary Education Officer at Udalgiri. By the same order, the Respondent No. 4 has been transferred to the post in which the petitioner was earlier working. Both the writ petitioner and the Respondent No. 4 are holding the post of Statistical Assistant. It must be noted, at this stage, that prior to the order dated 8.7.2003, the petitioner had been working at Mangaldoi since the month of January, 2003 pursuant to an order dated 30.12.2002 transferring the petitioner from Kalaigaon to the office of the Deputy Inspector of Schools at Mangaldoi. It must also be noticed that at the sa...
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