Guwahati Court December 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bonti Bora Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-12-2003
B.K. Sharma, J. 1. In this writ petition, the petitioner has made a challenge to the order dated 16.2.1999 passed by the Group Commandant, CISF, Group Headquarters, Guwahati-21 imposing the penalty of removal from service. At the time of removal from service, the writ petitioner was serving as Head Constable in the CISF.2. During the pendency of the writ petition, the petitioner died and his wife Smt. Bonti Bora entered into the proceeding in place of the writ petitioner as per the order dated 19.9.2000 in Misc. Case No. 474/2000.3. The petitioner while in servicing as aforesaid a Memorandum of charge sheet dated 27.8.1998 was issued levelling the following charges :- 'Details of the charges levelled against B.C. Bora No. 733190151 CISF Unit NPM Jagiroad.Article -IB.C. Bora No. 733190151 CISF Unit NPM Jagiroad was remained absent without permission of the authority for more than the leave granted from 25.6.1992 to 30.7.1998, which showed negligence to duty and indispline conduct. He...
Manoj Chakraborty and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-11-2003
Amitava Roy, J. 1. The petitioner No. 1 before this Court is a Shareholder/Member and petitioner No. 2, a depositor of the Silchar Co-operative Urban Bank (hereinafter referred to as the 'Bank') assailed the legality and validity of the communication dated 15.2.2000 and one 23.3.2000 pertaining to winding up thereof as directed by the Reserve Bank of India (hereinafter referred to as the 'RBI'). This court issued rule on 27.3.2000 but no interim order was passed.2. Heard Mr. N. Dhar, learned counsel for the petitioners, Mr. M. Bhuyan, learned counsel for the RBI and Mr. A. Thakur, learned State counsel for respondent Nos. 2, 4 and 5.3. The primary facts in short as can be gathered from the writ petition are that the bank is a registered Society under the Assam Co-operative Societies Act, 1949 (hereinafter referred to as the Act) and has been functioning for the last about a century but had become financial sick due to non-payment of loans by the borrowers. According to the petitioners...
Atiqur Rahman Mazumdar Vs. State of Assam
Court: Guwahati
Decided on: Dec-11-2003
P.G. Agarwal, J.1. Heard Ms. B. Dutta, the learned counsel for the petitioner and Mr. F. H. Laskar, learned P.P.2. In GR Case No. 671 of 1989 of the Court of Chief Judicial Magistrate, Hailakandi, the petitioner before us was tried for the offence under Sections 148/149/326, IPC.3. The prosecution allegation is that on 16-6-89 at about 9.30 a.m. while the victim Nurul Huda Choudhury was proceeding to attend his duties in school and reached near the house of Kutimia accused-Atiqur Rahman Mazumdar came there wearing a chadar and assaulted Nurul (PW-1) with a dao as a result of which he sustained serious Injuries on his person. The other accused persons also arrived at the place of occurrence and it is alleged that they instigated the petitioner. On hearing alarm the other witnesses came whereupon the accused fled away.4. On FIR being lodged, the injured was removed to Lala PHC and thereafter to Silchar Medical College and Hospital for further treatment. During trial, the prosecution exa...
Shankar Katwal and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Dec-11-2003
S.K. Kar, J.1. Heard learned counsel appearing for the both parties. The order which has been challenged as violative of the provisions of Articles 14, 16, 31 and 311 read with CCS (CCA) Rules and CCS (Temporary Service) Rules goes as follows : Dated Aizawl, the 1st July, 1998.ToThe Deputy Commissioner,Aizawl District, Aizawl.Subject : Appointment of 3 (three) Non-tribals to the post of Peon.Ref.: 1. No. A.11020/V89-GAD dated 19.5.1998.2. No. A. 11020/1/89-GAD dated 27.5.1998.3. No. A. 11020/1/89-GAD dated 10.6.1998.4. No. A.12026/12/97-DC(A)/23 dated 176.1998.Sir,I am directed to say that the appointment of 4 (four) Peons under your establishment in the recent past was in violation of Sections 8(1) and 4(1)(11) of the National Employment Service Manual Volume - I and II.You are, therefore, requested to terminate the services of the following Peons immediately with intimation to this Department.1. Shankar Katwal 2. Pramod Deka 3. A.M. Laskar 4. Dilip Kumar Yadav. Yours faithfully,(LAL...
Jharna Paul (Bhuiya) Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-11-2003
A.H. Saikia, J.1. This writ petition has been preferred by the writ petitioner who has been working as a Lower Division Clerk in the Office of the Principal Chief Conservator of Forest, Government of Tripura, Agartala, in the year 1994, seeking a direction to the respondents to promote her from her initial post to the post of Upper Division Clerk (for short U.D.C.) with effect from 17-12-1987, the date when her juniors, i.e. the respondent No. 3 to 11 were promoted without correcting the seniority list published on 20.7.1987 (Annexure-6 to the writ petition), notwithstanding her objection to the said seniority where she was placed at Sl. No. 132.2. Her case is that since she has been appointed as per Select list which has been published in order of merit, the seniority list dated 20.7.1987 ought to have been prepared keeping in view her placement in the Select list, but instead her name was placed below of her contemporary colleagues who got offer of appointment at the same time with ...
New India Insurance Co. Ltd. Vs. Lalhlmingthangi and anr.
Court: Guwahati
Decided on: Dec-11-2003
S.K. Kar, J.1. These five petitions W.P (C ) Nos. 132 to 136 of 2003 under Article 226/227 of the Constitution of India were presented by the same petitioner, i.e., The New India Assurance Co. Ltd., Aizawl Branch, Aizawl with intend top challenge legality of the 'awards' (orders) passed by learned Member, MACT, Aizawl in MACT Cases No. 43/44/45/46 and 47 of 2003 on 6th June, 2003.2. In view of the fact that all petitions were presented by the same insurer against different claimants along with the common owner of the vehicle which was involved in the accident, they were taken together for disposal by this common judgment and order.3. The accident in question took place on 6.12.2002 near Bualpui North at about 1.00 a.m. involving a Mahindra Pick-up vehicle bearing registration No. MZ-01-B-7567. The said vehicle was owned by Shri Lalmalsawema of Thuampui, Aizawl (respondent No. 2 herein) and driven by one Malsawemtluanga having driving licence No. 13260/ MZ/Proff dated 4.11.2001. The ow...
Rajesh Kumar Himatsingka Vs. Sachindra Sarmah
Court: Guwahati
Decided on: Dec-10-2003
Amitava Roy, J.1. This petition under Section 482 of the Code of Criminal Procedure, 1978 read with Article 227 of the Constitution of India lays a challenge to the maintainability of the criminal proceeding being Complaint Case No. 2663c/2001 registered Under Section 406/352 IPC pending in the Court of the learned Judicial Magistrate, 1st Class, Karmrup, Guwahati. The petitioner being aggrieved by the initiation and continuance the above proceedings prays for quashing thereof.2. I have heard Mr. J. Roy, learned counsel for the petitioner and Mr. B.M. Choudhury, learned counsel for the Respondent.3. It would be necessary to have a stock of the material facts first. The petitioner claims to be a partner of M/s. Himatsingka Auto Enterprises which is a dealer of TATA Finance and Telco. The petitioner's firm deals in hire purchase and leasing business of automobiles etc. A, complaint was filed by the respondent in the court of the learned Chief Judicial Magistrate, Kamrup, Guwahati agains...
Amir UddIn Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-10-2003
Amitava Roy, J.1. By this writ petition the petitioner who claims to be elected as the Chairman of the Namati Samabai Samity Ltd., Nagaon (hereinafter referred to as the 'Society') in its meeting held on 21.5.2003 seeks an appropriate writ or direction from this court to the respondent No. 3 to allow him and other elected members to run the affairs of the said society and also to approve the proceedings of the meeting held on 21.5.2003.2. I have heard Mr. A. B. Choudhury, learned counsel for the petitioner, Mr. D. Goswami, learned State counsel and Mr. G. Baishya, learned counsel for the newly, impleaded respondent Nos. 5 to 10 who are the shareholders of the society.3. The controversy revolves around the non-approval of the proceedings of the Annual General Meeting of the Society held on 21.5.2003 pursuant to the notice issued by the Ex-Chairman and the Secretary thereof. A notice dated 5,5.2003 was published convening the A.G.M. of the Society on 21.5.2003, inter alia, for election ...
Sangeeta Deka Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-10-2003
D. Biswas, J.1. This petition has been taken up for hearing with priority as it related to the dispute raised pertaining to admission to 1st year MBBS Course in the Medical Colleges in the State of Assam.2. Writ petitioner is a member of Scheduled Trible (Plains) Community. The petitioner appeared in All India Secondary School Examination (Matriculation) in the year 2001 under the Central Board of Secondary Education and came out successful securing 85% of marks. Thereafter, she pursued her Higher Secondary Course in science stream from Kendriya Vidyalaya, Dullajan, Assam and came out successful in the said examination in the year 2003 having secured 78% of marks. The petitioner appeared in the Joint Entrance Test Examination, 2003 for admission in medical college in the State of Assam. The result of the aforesaid test was declared on 12.7.2003, and the petitioner stood selected in order of merit against Scheduled Tribe (Plains) quota. The result sheet annexed as Annexure-E to the wri...
Builds Worth Private Ltd. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-09-2003
P.P. Naolekar, J. 1. Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioner and Mrs. P. Barman, learned counsel appearing for the respondent Nos. 2 and 3.2. In these petitions, the petitioner company M/s. Builds Worth Private Ltd. has entered in to different contracts, on different dates with M/s. Bharat Heavy Plates & Vessels Ltd., Vishakhapattanam for supply of goods and in some matters for execution of works of M/s. Bharat Heavy Plates & Vessels Ltd. It is the case of the petitioner that although goods were supplied as well as contract for execution of works have been completed, the petitioner has not been paid the amount which was due to them. In the contract agreement, there was an arbitration Clause provided in Article 10. In ail the aforesaid petitions, the petitioner has served notices on the respondent Company for appointment of Arbitrator on 6.4.2002, 9.5.2002, 6.4.2002 and 9.5.2002 respectively.3. Even after service of the notices for appointment of Arbitrator a...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- Next ›
- Last »