Guwahati Court February 2003 Judgments
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Subhas Projects and Marketing Ltd. Vs. Assam Urban Water Supply and Se ...
Court: Guwahati
Decided on: Feb-28-2003
Ranjan Gogoi, J.1. This civil revision application is directed against the order dated 21.10.1998 passed by the learned District Judge, Kamrup at Guwahati in Money Execution Case No. 6 of 1998. By the aforementioned order, the learned court below has rejected the application for execution of an interim award dated 23.2.1988 filed by the present petitioner.2. The brief facts of the case may be noted as hereunder :The revision petitioner herein contends that to resolve and settle a dispute with regard to the entitlement of the present petitioner to certain outstanding dues, the parties to the present revision petition had agreed to refer the dispute to arbitration, pursuant whereto the revision petitioner, had appointed one Sri S. K. Jain as its Arbitrator. The Managing Director of the respondent Board by letter dated 12.12.1996 appointed one Sri K.D. Lahkar as its Arbitrator and both the Arbitrators appointed one Sri Jatin Hazarika, IAS (Retired) as the umpire. According to the revisio...
Dr. Hemanta Kumar Mahanta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-27-2003
B.B. Deb, J.1. Heard Mr. D.P. Chaliha, learned counsel for the petitioner and also Mr. K.C. Mahanta, learned Government Advocate, Assam.2. The petitioner entered in service as Demonstrator some time in October 1977. Subsequently with the recommendation of Assam Public Service Commission, the petitioner was appointed to the post of Assistant Professor of Forensic Medicine by the Government vide Notification bearing No. HLB. 594/88/18 dated 17.3.1989. Thereafter, the petitioner was promoted to the post of Associate Professor in F.&S.M.; Department by the Government of Assam vide Notification bearing No. HLB. 1967 95/Pt-III/60 dated 3.2.1999. Apost of Professor in F.&S.M.; Department became vacant due to the retirement of the incumbent Dr. M. N. .Gogoi some time in March 1999.3. The petitioner's grievance is that though he was eligible according to the relevant Rules, he was not promoted nor the post was filled up. However, subsequently the post was filled up vide Notification No. HLB. 1...
Abani Goswami @ Jitu Goswami Vs. State of Assam
Court: Guwahati
Decided on: Feb-27-2003
1. Heard Mr. A. M. Bora, learned counsel for the appellant and the learned P. P. 2. This appeal is directed against the judgment and order dated 27.4.1995 passed by the Sessions Judge, Morigaon in Sessions Case No. 64(M)93 (GR 475/92) whereby the accused appellant Abani Goswami alias Jitu Goswami was convicted under Section 306, IPC and sentenced to imprisonment for two years and six months and to pay a fine of Rs. 100 in default further imprisonment for 10 days. 3. This is a case of unfortunate death of young house wife and the investigation bull was set rolling by Sidhabari Pragati Manila Samity by filing the ejahar (Ext. 1) stating that the accused appellant, the husband of Archana Goswami @ Binu Goswami, used to torture his wife cruelly, for demand of dowry etc., and it has resulted in the death of the young wife. 4. The accused appellant was charged under Section 304B/306, IPC. However, in view of the evidence on record, the trial court held that no case of demand for dowry has...
Jarban Das Vs. Bothagathia Dipling Meen Samabai Samity Ltd. and ors.
Court: Guwahati
Decided on: Feb-27-2003
Naolekar, C.J.1. In pursuance of the tender notice Issued for settlement of No. 7 Bothabeel Fishery the tender submitted by the appellant was not accepted and he was not given the fishery right and it Was given to the second highest bidder viz. Sri Ganga Fishermen Co-operative Society. Thereafter, the settlement right given to the said Ganga Fishery Co-oparative Society was cancelled and the fishery right was settled with the appellant. This settlement was cancelled which gave rise to appellant approaching this Court and then before the Division Bench in Appeal No. 290/98. In appeal, settlement between the parties arrived at and the Division Bench directed the appellant to enjoy the fishery rights up to 31-3-99. On 5-3-99 the appellant filed application before the Managing Director of Assam Fisheries Development Corporation Ltd. (for short 'the Corporation') praying for extension of the period of fishery lease right for the next five years. The Corporation has not decided the applicat...
New India Assurance Co. Ltd. Vs. B. Vanlalsawia and anr.
Court: Guwahati
Decided on: Feb-27-2003
S.K. Kar, J. 1. It is decided that petition may be disposed of at the motion stage itself. This is a petition under Articles 226/227 of the Constitution of India by New India Assurance Company Limited, Aizawl Branch. Aizawl, against respondent No. 1 claimant Shri B. Vamalsawia and another, intended to challenge the award of the MACT, Aizawl, awarding sum of Rs. 1,59,000 (rupees one lakh fifty nine thousand) only on the occasion of death of a minor male child, aged about 9 years, on 22.11.2001 involving vehicle No. MZ-01/4891.2. The claim petition was contested before learned Tribunal and on hearing both parties Tribunal assessed the award on the basis of notional income of Rs. 15,000 (Rupees fifteen thousand) per annum. Learned Tribunal further allowed additional sum on count of funeral expenses and 'conventional amount', making the total award of Rs. 1,59,000 (rupees one lakh fifty nine thousand) only with 12% interest p.a. from the date of petition.3. Referring to the views expresse...
Man Mohan Paul and anr. Vs. Foreigners Tribunal and ors.
Court: Guwahati
Decided on: Feb-27-2003
B.B. Deb, J.1. Heard Mr. A.R. Sikdar, learned counsel for the petitioners and Mr. K. C. Mahanta learned Government Advocate, Assam.2. The two petitioners have been asked by the Superintendent of Police, City, Guwahati to Quit India within a period of 15 days. For better appreciation the said two notices issued by the Superintendent of Police (B) City, Guwahati are re-produced below :-'Office of the Superintendent of Police (B) City, Guwahati. No. 13/2000 Dated the 13th March, 2000.In exercise of the powers conferred by Clauses (a), (6), (c) and (cc) of subsection (2) of Section 3 of the Foreigners Act, 1946 (31 of 1946) read with Government of India, Ministry of Home Affairs Notification No, 1/32/61-(III), F. III, dated the 15th March, 1962. I, Shri B. J. Mahanta, IPS, Superintendent of Police City, Guwahati, District, hereby, order that the foreigner known as Shri Manmohan Paul, son of Bharat Cha Paul a Bangladesh national/erstwhile Pakistani national now residing at village Barbila...
Union of India (Uoi) Vs. Chungnunga and anr.
Court: Guwahati
Decided on: Feb-27-2003
S.K. Kar, J.1. This is a petition under Sections 397/401 read with Section 482 of Cr.P.C. intended to challenge the legality of the order dated 2-12-2002 passed by Court of ADM(A), Aizawl, in Criminal Trial No. 2253/2001 (Refer Aizawl P.S. Case No. 723/2001, under Section 25(1-B)(a) of Arms Act read with Section 6(a) PP Rules, 1950 and Section 121/121A of I.P.C.)2. The officer of the Aizawl Customs Division seized on 29-11-2001 five pieces of A.K. rifles, 2 pieces 9 mm pistols and 22 numbers of live ammunitions concealed in three white nylon bags and wrapped with woolen cloth of foreign origin from a godown located at Zion Street, Aizawl. A second party of customs officers, acting on information, could intercept Mizoram State transport bus at Keifang and apprehended respondent No. 1, who later on identified the bags as his own property and the customs officers recovered Indian currency amounting to Rs. 5880/- (Five thousands eight hundred eighty) and an identity card was also seized f...
North Eastern Hills University and ors. Vs. Miss Yoowanka Lynhgdoh
Court: Guwahati
Decided on: Feb-26-2003
Naolekar, C. J.1. The respondent Yoowanka Lyngdoh, appeared in B.Sc. Part II Examination held on 12-2-2002. Notification dated 8-5-2002 and corrigendum dated 10-6-2002 were issued whereby the petitioner's entire examination of 2002 was cancelled under Ordinance 6 Clause 4(n) of the North Eastern Hill University Ordinances (hereinafter referred to as 'OD-6') and she was also barred from appearing in any Examination of 2003.2. The respondent challenged the action taken by the University by filing a writ petition (WP(C) No. 216(SH)/2002) and prayed for relief to appear in the examination to be conducted by the University in the year 2003. The respondent's examination was cancelled as she was found indulging unfair means during her examination.3. The learned Single Judge accepted the contentions raised by the counsel for the respondent/writ petitioner and held that the notification imposing punishment has not been issued by the appropriate authority. The learned single Judge held that th...
Anjana Saikia (Das) Vs. Anuradha Das and anr.
Court: Guwahati
Decided on: Feb-25-2003
P.G. Agarwal, J. 1. The above revision petitions are being disposed of by this common order as common question of law and facts are involved. 2. Heard Mr. A.K. Bhattacharjee, learned Sr. Advocate and Mr. P.C. Barpujari for the respondents and Mr. K. Agarwal, learned counsel for the petitioner. 3. The facts - the revision petitioner before us, Smt. Anjana Saikia Das, hereinafter referred to as the petitioner for the purpose of convenience, filed an FIR at Tinsukia P.S. on 16.5.2000 stating, inter alia, that on 15.5.2000 at about 4-00 PM, the petitioner found her husband Kamal Das in compromising position with her sister in law Smt. Anuradha Das and when she protested she was assaulted and kept confined. She reported the matter to her mother, whereupon she was rescued. Tinsukia P. S. Case No. 176/2000 under Section 498A IPC was registered. It may be mentioned that for the said incident of 15.5.2000 another FIR was filed by the opposite party alleging commission of certain offence by the...
Numaligarh Refinery Ltd. and ors. Vs. Assam Board of Revenue and ors.
Court: Guwahati
Decided on: Feb-24-2003
B.B. Deb, J. 1. I have heard Mr. P. C. Deka, the learned counsel appearing on behalf of the petitioners and the learned Government Advocate, Assam appearing on behalf of the respondents.2. An eviction proceeding bearing Encroachment Case No. 101/92-93 was initiated by the Deputy Commissioner. Golaghat under Rule 18 (2) of the Assam Land Revenue Regulation Rules against one Bhadreswar Tanti pertaining to land of Dag No. 94/219and 108 measuring 9 bighas and odd. Against that proceeding/notice said Bhadreswar Tanti preferred revenue appeal before the Assam Board of Revenue in Case No. 89 RS (GLT)/93/90 RA (GLT)/93 and the Assam Board of Revenue vide judgment dated 19-8-1996 (Annexure-VI) allowed the appeal and quashed the eviction proceeding/notice issued by the Deputy Commissioner, Golaghat. The case of the present petitioners is that the land under the aforesaid Dag number along with other land had been allotted to the petitioners and advance possession was also handed over in April, ...
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