Guwahati Court November 2003 Judgments
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Rambrikash Singh and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Nov-20-2003
I.A. Ansari, J. 1. Will man ever cease to exploit another man Looking at the human history, it is difficult to answer this question in the affirmative confidently. Human history is replete with instances of exploitation by man of his own fellow-beings; slavery and bonded labour are instances of such weaknesses of human instincts.2. In a democratic set up, such as ours, law is equally for all of us; but are we all equal before the law If this question has to be answered in the affirmative, the responsibility of the Courts is onerous, because the Courts have the momentous task of ensuring that the. principle that every one is equal before the law does not remain as a mere philosophy, but translate into practice in every day life. If the answer has to be given, in the present writ petition, in the affirmative, this Court has the responsibility of freeing the writ petitioners from the exploitative attitude of none, but the State itself.3. This case has a history and the history commences ...
Apurba Kumar Sarma and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-19-2003
1. Heard Mr. BK Sharma, learned senior counsel for the appellants and Mr. KP Sharma, learned senior counsel for the respondents.2. This Writ Appeal is directed against the judgment and order dated 22.4.2002 passed by the learned Single Judge in WP(C) No. 5386/ 2000. The writ petition was filed by Sri Puspak Kumar Baruah for quashing the letter dated 24.5.2000 (Annexure-I) in so far it relates to the question of amendment of the Service Rules and to hold the Departmental Promotion Committee meeting for consideration of his case for promotion to the post of Deputy Director, Biology Division in Forensic Science Laboratory. The learned Single Judge by the impugned judgment directed the State authority to consider the case of the petitioner for promotion under the existing Rules. In pursuance of this judgment, the petitioner (private respondent) was promoted to the post of Deputy Director (Biology) by the order dated 22.1.2003. The appellants who were not arrayed as respondents in W.P.(C) ...
California Pacific Trading Corporation Vs. Kitply Industries Ltd.
Court: Guwahati
Decided on: Nov-18-2003
Ranjan Gogoi, J.1. The winding up of the respondent-company, on the ground of its inability to pay its debts within the meaning of Section 433(e) of the Companies Act, 1956, has been prayed for by means of the present company petition. The debt, in respect of which the alleged default has occurred, is claimed to be due under a decree passed by the District Court of the United States of America, on a claim made by the company petitioner, as the plaintiff, against the respondent-company, as the defendant. The claim, which has been decreed, is on account of a breach of an implied warranty as to the quality of goods supplied by the respondent-company to the petitioner, thereby causing loss and damage to the petitioner-company. While the facts of the claim adjudicated by the District Court in the United States of America need not be recited, it must be noticed that in the proceeding before the United States Court, leading to the decree, the defendant, i.e., the respondent-company appeared ...
Biswanath Saha Vs. Gouri Karmakar and ors.
Court: Guwahati
Decided on: Nov-14-2003
T. Vaiphei, J.1. This second appeal under Section 100 of the Civil Procedure Code is directed against the appellate judgment and decree dated 6.6.2001 passed by the learned Additional District Judge, South Tripura, Udaipur in Title Appeal No. 14/1998 setting aside the judgment and decree dated 30.5.1998 passed by the learned Civil Judge (Senior Division), Udaipur, South Tripura in Title Suit No. 31/1993 and decreeing the suit, valued at Rs. 15,000.2. The facts relevant for the purpose of disposal of this appeal may be briefly stated as under :The case of the plaintiffs is that on 13.05.1986 he leased out two rooms of a building situated at Udaipur town, described in the Schedule to the plaint, to the defendants on a monthly rent for a period of two years commencing from first day of Vaisakha of 1393 B.S. by a registered deed. On the expiry of the term of lease, and the request of the defendant No. 2, the plaintiffs allowed them to continue with the lease of the two rooms along with tw...
Gyati Hangu and ors. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Nov-14-2003
I.A. Ansari, J.1. By making this application, the petitioners, who have been working as Transmission Executives in different Tribal Dialects with the All India Radio at Itanagar, have approached this Court seeking issuance of appropriate writ/writs commanding the respondents, inter alia, to regularize their services as such Transmission Executives (Dialect).2. The essential facts giving rise to this writ petition are not in dispute and may be, briefly, stated thus :The petitioners, who all are members of the Arunachal Pradesh Scheduled Tribes, were appointed on different dates on casual basis by the Station Director, All India Radio, Dibrugarh, as Transmission Executives in different Tribal Dialects. In course of time, when the Tribal Dialects Programme was shifted from All India Radio, Dibrugarh, to All India Radio, Itanagar, the petitioners were brought in the same capacity as earlier to Itanagar and were accordingly appointed, the dates of appointment of the petitioner Nos. 1 to 8 ...
Md. Abdul Sattar Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Nov-14-2003
T. Vaiphei, J.1. By this application under Article 226 of the Constitution of India the petitioner assails the order dated 11.11.2000 issued by the respondent No. 5 dismissing him from service and the proceeding of the connected Summary Security Force Court at Headquarter 192 Bn. Border Security Force, Radhabari, P.O. Bhuikidangapara, Dist.- Jalpaiguri, West Bengal.2. The facts of the case may be briefly stated as follows :-The petitioner joined the Border Security Force (for short 'BSF') as Cook in the year 1990 and while serving as Cook No. 90-192128 under 192 Bn. BSF he was suddenly served with Charge Sheet dated 9.11.2000 Under Section 26 of the BSF Act, 1968. The charge against him was framed as follows :-'INTOXICATIONIn that heat Bn. HQ. Radhabari on 07.11.2000at abort 2100 hrs. ras foundin a state of intoxication.'By the order at Annexure-2, dated 9.11.2000, Sri R. Sminz, DC was detailed to conduct record of evidence against the petitioner who was in 'A' Coy. After making recor...
Chanchal Rakshit Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Nov-14-2003
T. Vaiphei, J.1. After hearing the learned counsel for both the parties this writ petition is being disposed of at the admission stage.2. The facts of the case, in brief, are that the respondent No. 2 by Annexure-1 issued an advertisement dated 14.11.2001 in a local daily inviting applications from bonafide Indian nationals and permanent residents of Tripura for several posts including one post of Garden Assistant (Class-III non-Gazetted) at Serial No. 9 of the said advertisement. The qualifications for the said posts are that the candidates must have passed the Madhyamik Examination or any other equivalent examination for which preference would be given to those who have knowledge of Agro-Climatic Situation of Tripura. The age limit prescribed for all categories of posts including the post of Garden Assistant was to be between 18 to 37 years as on 01.11.2001. It was also provided in the advertisement that maximum age limit was relaxable by 5 years in case of Scheduled Caste and Sched...
Manik Chandra Pal Vs. B.K. Chakraborty
Court: Guwahati
Decided on: Nov-14-2003
T. Vaiphei, J. 1. This is an application under S. 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for drawing up a contempt proceeding against the respondent for wilfully and deliberately violating the Judgment and Order dated 13-1-2003 passed by this Court in W.P. (C) No. 455 of 2002.2. The facts relevant for disposal of this contempt petition may be briefly stated as under :-- The petitioner filed a writ petition before this Court for directing the respondents to accept his voluntary retirement with effect from 31-8-2002 and to pay him all the retiral benefits. This Court by the Judgment and Order dated 13-1-2003 disposed of the writ petition by (1) directing the petitioner to deposit his three months' pay and allowances within fifteen days; (2) directing the respondents to issue formal letter of acceptance of the voluntary retirement of the petitioner with effect from 16-9-2002 on receipt of the said amount from the petitioner and (3) dir...
Kandarpa Pathak Vs. Ujjal Pada Ganguly
Court: Guwahati
Decided on: Nov-13-2003
Amitava Roy, J.1. The judgment and order dated 30.7.2001 passed by the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati in case No. 3534C/99 convicting the petitioner Under Section 417 IPC and sentencing him to pay a fine of Rs. 100 in default S.I. for 10 days in under challenge in the present revision petition.2. I have heard Mr. S.R. Bhattacharyya, learned senior counsel for the petitioner as well as Mr. N.C. Das, learned senior counsel for the opposite party.3. A complaint was filed by the present opposite party before the learned Chief Judicial Magistrate, Kamrup, Guwahati contending that he had sold 1 Bigha, 1 Katha, 6 lechas of land to one Bhajanlal Agarwalla leaving 1 Katha at the Western Side of the land sold to be used as a common path. The purchaser, however, constructed a building encroaching upon the unsold land of the opposite party. The purchaser also constructed a pucca drain and a boundary wall on the said land. It was alleged that those were done at the ...
RabIn Chandra Bhuyan Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Nov-13-2003
Ranjan Gogoi, J.1. At the relevant point of time, the writ petitioner was employed as a Constable Driver and was posted at Group Centre, S.S.B. Tezu, Arunachal Pradesh. The petitioner was on Earned Leave for a period of 60 (sixty) days with effect from 20.11.1995 to 18.1.1996 and as he had not resumed his duties thereafter, a charge sheet dated 6th April, 1996 was issued to the petitioner proposing an enquiry in respect of two charges levelled by the charge sheet dated 6.4.1996. The essence of the two charges brought against the petitioner is that on the expiry of Earned Leave on 18.1.1996, the petitioner overstayed without any leave or permission from the competent authority and till the date of charge sheet, i.e., 6.4.1996, he had not resumed duties. The second charged against the petitioner is that though the petitioner had not resumed duties on the expiry of his leave, he had retained the Government kits allotted to him as well as the Identity Card which also amounted to misconduc...
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