Guwahati Court December 2003 Judgments
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Khumbongmayum Babu Singh Vs. Manipur College and ors.
Court: Guwahati
Decided on: Dec-19-2003
T. Vaiphei, J.1. This revision petition u/s 115 C.P.C. is directed against the order dated 11.7.2003 passed by Ld. District Judge, Manipur East in Civil Misc. Appeal No. of 2003 setting aside the interim temporary injunction order dated 17.9.2002 passed by the Civil Judge, Junior Division, Imphal in Judl. Misc. Case No. 100 of 2002.2. The case of the petitioner, in brief, is that he is the owner- pattadar in possession of the homestead land under Dag No. 18 of Patta No. 47/ 203 (Old) and 47/340 (New), ('the suit land' for short). He instituted the suit against the respondents claiming a decree declaring his title over the suit land and a perpetual injunction restraining the respondent No. l, his men and parties from committing trespass into the suit land, etc. Simultaneously, the petitioner also filed an application under Order 39, Rule l(a) and (c) of Code of Civil Procedure (hereinafter called 'the Code' for short) for temporary injunction to restrain same respondents from entering ...
Hemanta Bordoloi Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Dec-19-2003
P.G. Agarwal, J.1. This appeal has been directed against the judgment and order dated 24.4.2002 passed by the learned Special Judge, Cachar, Silchar in Special Case No. 21/98 whereby the accused appellant was convicted and sentenced to rigorous imprisonment for ten years for the offence Under Section 21 of the NDPS Act.2. The prosecution allegation is that on receipt of certain information, Shri Sudip Kumar Dutta, Intelligence Officer, Directorate of -Intelligence, Silchar accompanied by other officials visited the Tea Stall, situated near All India Radio, Silchar and found accused Hemanta Bordoloi sitting there along with a carry bag in his possession. Thereafter the said carry bag was searched and two polythene packets containing 910 gms of alleged heroin were found. The contraband was sealed and seized in presence of witnesses and thereafter it was sent to Forensic Science Laboratory for chemical examination. The accused was arrested. On receipt of the report of the chemical examin...
No. 9111419535 Ex-ct. K.N. Paswan Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Dec-19-2003
A.H. Saikia, J.1. All these writ appeals are heard analogously as they carry the common question of facts as well as law and they are being disposed of by this common judgment and order accordingly.2. Heard Mr. R.D. Lal, learned counsel for the appellants. Also heard Mr. B. Sarma, learned Addl. C.G.G.C., appearing for the Union of India and others/respondents.3. These writ appeals have been carried from a common judgment and order dated 16.8.2002 passed by the learned Single Judge in W.P.(C) Nos. 5037/01, 5038/01, 5040/01 and 5045/01 dismissing all those wit petitions holding that there was no merit in those writ petitions because the petitioners were not denied the reasonable opportunity to defend themselves and the power of judicial review under Article 226 of the Constitution of India is very much limited in a matter like department proceeding against which the Court the does not sit as a Court of Appeal.4. The facts, briefly stated, are that on 13.3.1999 the appellants and 8 other...
Utsab Das Vs. Assam State Transport Corporation and ors.
Court: Guwahati
Decided on: Dec-17-2003
B.K. Sharma, J. 1. Heard Mr. A.M. Bujarbaruah, learned counsel for the petitioner and Mr. U. Baruah, learned State counsel, ASTC.2. Pursuant to a departmental proceeding initiated against the petitioner, he was removed from service by the impugned order dated 24.9.1994 (Annexure-I to the writ petition). Being aggrieved, the petitioner preferred a departmental appeal which was also rejected by Annexure-III, order dated 7.11.1997. Assailing the legality and validity of these two orders, the petitioner has approached this court invoking its writ jurisdiction.3. The learned counsel for the parties submit that it is the admitted position that the petitioner was not provided with a copy of the enquiry report before passing the impugned order of removal from service with effect from 24.9.1994. Mr. Bujarbaruah, learned counsel for the petitioner submits that because of non-furnishing of a copy of the enquiry report the right of the petitioner was greatly prejudiced and as a consequence there...
North Eastern Security Service Vs. State of Assam
Court: Guwahati
Decided on: Dec-16-2003
D. Biswas, J.1. The interim direction given by the order dated 28.11.2003 has been challenged by the respondent-authority.2. I have heard Mr. H.K. Deka, learned counsel for the writ petitioner. Also heard Mr. B. Choudhury, learned State counsel and Mr. B.D. Goswami, learned counsel for private respondent.3. The interim order dated 28.11.2003 reads as follows :-...................In view of the extreme urgency indicated by the learned counsel for the petitioner, let the matter be posted for motion hearing on 2.12.2003. Until the said date, i.e., 2.12.2003, the petitioner be allowed to provide security service in the Gauhati Medical College, Guwahati of the contract granted to him.'4. The petitioner is a registered private security agency. In pursuance of a tender notice, it had submitted its quotation for rendering security services. Being the lowest, the petitioner firm was appointed to cater security services to the Gauhati Medical College for a period of two months. The tender was f...
State of Manipur Vs. All Manipur Appointment Under the Die-in-harness ...
Court: Guwahati
Decided on: Dec-16-2003
P.P. Naolekar, C.J.1. A large number of persons in the State of Manipur approached the High Court by filing writ petitions seeking directions for enforcement of the 'Die-in-Harness Scheme' framed by the State of Manipur for giving appointment to the dependent of a Government servant dying in harness and for quashing the policy decision taken by the State Government on 16.3.2001, whereby the Die-in-Harness Scheme was kept in abeyance with immediate effect until further orders. The writ petitions numbering 155 were clubbed together and decided by a common judgment and order dated 21.12.2001 by the learned Single Judge. The learned Single Judge in his judgment has categorised the petitions and petitioners in three different categories; (I) Petitioners in Writ petitions from serial No. 1 to 87, where the State Government did not sanction nor give its approval for appointment of legal heirs of the Government employees, who died-in-harness, (II) Petitioners in Writ Petitions from serial No....
Sankar Ghosh Vs. Sanju Ghosh
Court: Guwahati
Decided on: Dec-16-2003
T. Vaiphei, J.1. By this revision petition Under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, the judgment dated 30.6.2003, passed by the learned Additional Sessions Judge, Court No. 3, West Tripura, Agartala in Criminal Revision No. 8(1) of 2003 is assailed by the petitioner.2. The facts and circumstances leading to the filing of this revision petition may be briefly stated :-The respondent herein filed an application Under Section 125 of the Code of Criminal Procedure before the learned Judicial Magistrate, 1st Class, Agartala, West Tripura in Case No. Misc. 190/2000 against her husband, Shri Sankar Ghosh, i.e. the petitioner herein for granting maintenance of Rs. 5,000/- per month for maintaining herself and the petitioner Nos. 2 to 6 therein, who are the minor sons and daughters of the revision petitioner. The case of the respondent herein is that she is the wife of the revision petitioner and that their marriage was solemnised on 4th March, 2000, whi...
Sukumal Saha Vs. Prativa Das and anr.
Court: Guwahati
Decided on: Dec-16-2003
T. Vaiphei, J.1. This is an application Under Section 482 Cr.P.C. filed by the petitioner for quashing the impugned judgment and order dated 30.1.2003 passed by the learned Judicial Magistrate, 1st Class, Agartala, West Tripura, Court No. 5, Agartala, West Tripura in Misc. No. 153 of 2000 Under Section 125 Cr.P.C. granting maintenance allowance of Rs. 800/- per month in favour of the respondent No. 1 and Rs. 700/- per month to the respondent No. 2 with effect from 30.1.2003 and also the judgment dated 20.5.2003 passed by the learned Addl. Sessions Judge, Court No. 3, West Tripura, Agartala in Crl. Revision 12(1)2003 upholding the said judgment and order of the learned Judicial Magistrate.2. The facts of the case as emerged from the pleadings of both the parties may be briefly stated.The respondent No. 1 claims that she was married to the petitioner on 7.8.1994 at her father's house at Abhoynagar according to Hindu rites and customs and that after their marriage, they started living to...
Lakhi Narayan Sonowal Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-15-2003
B.K. Sharma, J.1. Heard Mr. B. Malakar for the petitioner and also heard learned Standing counsel appearing for the respondent No. 3.2. The petitioner, in response to the advertisement No. 1/97 for 12 number of temporary posts of Inspector of Schools, had offered his candidature against one such post. Pursuant to the selection conducted by the Assam Public Commission the select list was published on 10.8.1998 containing total 38 names. The petitioner's name appears at serial No. 36. Thus admittedly his position is such that he does not come within the zone of consideration.3. Mr. Malakar submits that although the advertisement was for 12 numbers of posts, the select list having been made for 38 candidates, the same can be operated beyond those 12 vacancies and in fact, Mr. Malakar submits that as many as 27 vacancies have been filled up pursuant to the aforesaid select list dated 10.8.1998.4. I find that the select list in question was published on 10.8.1998 and the same was extended ...
Syed Samsul Hoque Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-12-2003
B.K. Sharma, J. 1. The question raised in this writ petition is as to whether the sons and daughters of retired L.P. School teachers are entitled to be considered for appointment against 10% quote of vacancies in the post of L.P. School teachers as per policy of the Government of Assam whether to going through the process of selection for the purpose of such appointment. While admitting the writ petition, by order dated 5.1.2000, same was directed to be listed along with Civil Rule No. 4740/ 98.2. Mr. A.S. Choudhury, learned senior counsel appearing on behalf of the writ petitioners in both the cases strenuously urged that having regard to the policy decision of the Government towards reservation of 10% vacancies of L.P. School teachers for the sons and daughters of the retired L.P. School teachers, those vacancies are required to be filled up against the quota prescribed and there is no question of any detailed procedure of selection etc. Advancing his argument, the learned senior ...
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