Guwahati Court March 2003 Judgments
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Sri Dip Gogoi and ors. Vs. Numoligarh Refinery Ltd. and anr.
Court: Guwahati
Decided on: Mar-14-2003
A.H. Saikia, J. 1. The central issue put under the judicial scrutiny through this writ petition is whether the selection of agencies for different categories of vehicles of requisite numbers by lottery is arbitrary, discriminatory and violative of Article 14 of the Constitution of India. 2. The factual matrix of the case, in a nutshell, is that the respondent-Numoligarh Refinery Ltd. (for short' the NRL') floated the notice inviting tender, for short 'NIT', on 3.6.2002 (Annexure A to the writ petition) inviting tender in single bid system from the intending agencies for the work 'Hiring of Vehicles for NRL'. As per the NIT, the tender documents would be issued to the intending agencies on payment of Rs. 500/- which after having been duly completed as per the requirement of the tender documents, shall have to be submitted to the Commercial Department, NRL during the period from 14.06.2002 up to 13.00 hours on 21.6.2002 and those tenders shall be opened on 21.6.2002 after 13.30 hours....
Pukhrambam Budhichandra Singh Vs. Thokchom Nilamani Singh
Court: Guwahati
Decided on: Mar-13-2003
H.K.K. Singh, J. 1. Heard Mr. R.K. Nokulsana, learned senior counsel for the petitioner and also Mr. Th. Tolpishak learned counsel for the respondent.2. Upon hearing the learned counsel on both sides, I find that this Revision Petition has been filed against the judgment and order dated 2.8.2002 passed by the Addl. District Judge, Fast Track Court, Manipur East rejecting the application filed under Order IX Rule 13 of the C.P.G. for setting aside the ex-parte decree dated 17.4.2002 passed in Money Suit No. 293/1999/ 6/2002 against which an appeal lies under Order XLIII Rule l(d) of CPC and as such, no revision under Section 115 of the CPC lies. At this stage, Mr. Nokulsana has submitted for converting this revision petition (Revision Case) into an appeal thereby treating the petition of revision as a memo of appeal carried from the impugned order dated 2.8.2002 passed by the learned Trial Court in Judl. Misc. Case No. 98/2002.3. Mr. Tolpishak has rightly conceded this legal proposit...
Oriental Insurance Co. Ltd. and anr. Vs. Sabitri Debi Agarwal and anr.
Court: Guwahati
Decided on: Mar-13-2003
I.A. Ansari, J. 1. This revision is directed against the order dated 13.11.2002, passed by learned Additional District Judge/(Ad hoc) No. 2, Kamrup, Guwahati, in Misc. Appeal No. 9 of 2001, allowing the appeal and granting injunction by setting aside the order, dated 19.3.2001, passed by the learned Civil Judge (Sr. Divn.) No. 3, Guwahati, in Misc Case No. 52 of 1999, arising out of Title Suit No. 153/99, whereby the learned trial court had declined to make absolute the order of temporary injunction earlier granted in favour of the plaintiffs-opposite party.2. In a narrow compass, the material facts and various stages, which have led to the present revision, may be set out as follows : (i) The plaintiffs-opposite party instituted Title Suit No. 153/99 aforementioned, seeking decree of permanent injunction restraining the defendants (that is the revision petitioners), their employees, etc., from using the front space of their building, located on the eastern side, by parking car or ot...
Ch. Ibomcha Singh and anr. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Mar-12-2003
H.K.K. Singh, J.1. Heard Mr. H. S. Paonam, learned counsel for the petitioners, Mr. Kh. Nimaichand, learned Government Advocate for the State respondents as well as Mr. Ng. Premkumar Singh, learned counsel appearing on behalf of respondent No. 3.2. The petitioners' society which is a registered body under the Manipur Co-Operative Society Act, 1976 has challenged the legality and validity of the order dated 16th December, 2002 (Annexure-A/14) passed under Section 115/117 of the Motor Vehicles Act, 1988 (hereinafter the 'Act') regulating the route and indicating the parking place of certain vehicles belonging to the members of the petitioners' society.3. In the course of hearing, learned counsel on both sides have submitted for disposal of the entire writ petition today itself on the basis of the materials available before the Court.4. As submitted by the learned counsel for the parties and on considerating the nature of the case which may be decided on technical points, I propose to di...
Bikash Bora Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-11-2003
P.P. Naolekar, C.J. 1. The necessary facts, in brief, are that the Execute Officer, Kampur Town Committee floated tender for settlement of Kampur Weekly Market. The present respondent No. 4 Shri Dhiren Choudhury, petitioner in WP(C) No. 4430/2002 alongwith the present appellant Shri Bikash Bora, petitioner in WP (C) No. 4191/2002, and other persons submitted tender. The offer of the respondent Shri Dhiren Choudhury was accepted and the market was settled with him with effect from 1st July, 2002. The appellant filed the writ petition challenging the decision of the Executive Officer. The High Court has passed an order on 23.7.2002 whefeunder the settlement of the market was directed to be kept in abeyance and as a consequence thereof permitted the Executive Officer to manage the Weekly Market. The Director of Municipal Administration, Assam later on vide order dated 4.7.2002 directed that the settlement of the Weekly Market be made with the present appellant in place of the responden...
Hindustan Paper Corporation Ltd. Vs. Presiding Officer, Industrial Tri ...
Court: Guwahati
Decided on: Mar-11-2003
I.A. Ansari, J. 1. Can an Industrial Tribunal, while adjudicating upon a reference, order the employer to give financial benefits to a class of its employees on the ground that such financial benefits are being availed of by another class of employees, though, according to the decision of the Apex Court, the policies, whereunder the financial benefits are being made available, do not apply to any of the classes of the employees, whose cases have been considered by the Industrial. Tribunal is the moot question, which this writ petition raises. 2. The management of the Hindustan Paper Corporation Ltd. (hereinafter referred to as 'the Corporation') Cachar Paper Mill, District, Hailakandi, has sought for a writ of Cetiorari to set aside the award, dated 19.12.1998, passed by the learned Presiding Officer, Industrial Tribunal, Silchar Assam, in Reference Case No. 5 of 1996. 3. In a nutshell, the facts and various stages, which have led to this writ petition may be set forth as follows : (i...
NabiruddIn Ahmed and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-11-2003
P.P. Naolekar, C.J. 1. The advertisement was issued for filling up the post of Mandal lying vacant on the date of the advertisement dated 18.9.1998. In pursuance of the advertisement, 38 candidates were selected and the select list was published on 19.6.1999. The select list was extended up to 31.12.2000 by the Government and during this period, 30 candidates, out of the select list, were appointed. The petitioner-appellants, although, were in the select list, admittedly below the 30 candidates, who had already been appointed, have approached this Court for seeking direction for giving appointment in pursuance of the said advertisement, on the allegation that six vacancies which have been detected, were of the year 2000, and they being in the select list, direction be issued for their appointment.2. Learned Single Judge has dismissed the writ petition on the ground that once the select list has expired on 31.12.2000, no direction could be issued for filling up of the vacancies from ...
Divisional Manager, Life Insurance Corporation of India Vs. Himani Das ...
Court: Guwahati
Decided on: Mar-11-2003
P.P. Naolekar, C.J. 1. That the petitioner - respondent's husband died on 6.3.1995. He was covered by a Group Insurance Scheme sponsored by the Insurance Company insuring Assam Co-operative Union and the Chief Executive Officer of the Assam State Co-operative Union beneficiaries being its employees. After the death of the husband of the petitioner - respondent, it came to the knowledge that the aforesaid Group Insurance Scheme lapsed due to non-payment of the premium by the employer in time although the employee i.e. the husband of the petitioner - respondent has paid the insurance premium regularly as the contribution of the premium has been regularly deducted from his salary, subsequently the Group Insurance Scheme was revived by the employer. This fact have been noted by the learned Single Judge to be a admitted position of the facts. The submission of the learned counsel for appellant is that the revival of the policy on 15.3.1995 has been on the basis of the declaration given by ...
Ranjan Das and anr. Vs. State of Assam
Court: Guwahati
Decided on: Mar-11-2003
Ranjan Gogoi, J. 1. This appeal is directed against the judgment and order dated 26.3.1999 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 27/98. By the aforementioned judgment and order, the two accused appellants before us have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000 each in default to suffer further rigorous imprisonment for one year. 2. The case of the prosecution, in short, is that on 27.8.1997 at about 5 A.M., P.W. 2 Madan Mohan Das lodged a FIR in the Hailakandi Police Station stating that at about 10.30 P.M. of the previous day, i.e., 26.8.1997, on hearing hue and cry towards the north-western side of his house, he rushed in that direction and found his nephew, the deceased Nihar Ranjan Das in a pool of blood. In the First Information Report, it has been alleged, that the deceased Nihar had reported to the first informant, in the presence of one Ajir...
Abdul Kasem and ors. Vs. State of Assam
Court: Guwahati
Decided on: Mar-11-2003
P.P. Naolekar, C.J. 1. The accused appellants were convicted and sentenced to undergo imprisonment of life and fine of Rs. 2,000 each, in default, the accused appellants shall undergo rigorous imprisonment for one year. Against this order of conviction, the present appeal is filed by four accused appellants. 2. The prosecution case, in short, is that, on the night of 22.5.1991, at about 1 a.m.', Kasem Ali, Fazar Ali, Samad Ali, Abdul Malek, Jamiruddin, Manik Ali along with other persons being armed with axe, dagger, gun, etc., entered into the house of the deceased Nurul Islam after breaking open the door they caused serious injuries to Nurul Islam with the help of deadly weapons. Nurul Islam's wife Sakina, since deceased, raised hue and cry and PW 1 Md. Terab Ali, brother of the deceased, rushed to the house of his brother Nurul Islam and saw Nurul Islam lying on the bed having injuries on his person. Number of other persons gathered there. Torab Ali asked his brother as to what ha...
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