Guwahati Court April 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.
Bina Dey and ors. Vs. Pratibha Dey (Baidya)
Court: Guwahati
Decided on: Apr-10-2003
P.G. Agarwal, J. 1. Heard Mr. B.C. Das, learned counsel for the petitioners and Mr. S. Dasgupta and Mr. I.A. Talukdar, learned counsel for the respondent.2. In this revision, under Section 482, Cr.PC, the petitioners have prayed for quashing of the complaint in C.R. Case No. 2035/2000 pending in the court of SDJM, Silchar. This is a complaint under Section 498A, IPC filed by the wife. The quashing has been sought mainly on the ground that the court at Silchar has got no jurisdiction to try the matter as at the relevant time the parties were living at Mariani in the District of Jorhat. It is submitted that as the alleged incident of cruelty took place in the District of Jorhat, in view of the provisions of Section 181 Cr.PC, the court at Silchar has got no jurisdiction to try the matter. In support of the submission, learned counsel has placed reliance on a decision of the Delhi High Court in the case of Mohan Lal v. State, reported in 2000 Cri. LJ 3762, wherein the court held that as...
Md. MatIn Ali Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-10-2003
Ranjan Gogoi, J. 1. Heard Mr. P. S. Deka learned counsel for the petitioner(s) and Mr. R. K. Bora, learned Government Advocate, Assam; None has appeared on behalf of the Respondents No. 5 to 12 in spite of due service of notices.2. A selection was held for filling up some vacant posts of Lower Division Assistant-cum-Typists in the establishments under the department of Social Welfare, Government of Assam in the Nalbari District. Pursuant to the selection held, a Select List dated 15.12.2000 was prepared wherein the name of the petitioner in W.P. (C) No. 5204/2001, Md. Matin Ali appeared at Sl. No. 13, the name of the petitioner in W.P. (C) No. 5205/2001 Shri Kalindra Dutta appeared at Sl. No. 4 of the Select List whereas the name of the 3rd petitioner Smt. Kalpana Barman in W.P.(C) No. 6640/2001 appeared at Sl. No. 15 of the Select List; Thereafter, by order dated 15th March, 2001 issued by the Director of Social Welfare and another order dated 23.3.2001 issued by the same authority,...
Tapash Ranjan Bhattacharjee Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-10-2003
P.P. Naolekar, CJ 1. Both the writ appeals Were filed challenging the impugned common judgment dated November 28, 2002 passed in WP(C) Nos. 6476 and6477 of 2002, whereunder the appellants as petitioners challenged the order of transfer dated 23.9.2002 transferring the private respondents, viz., M Rahman and Manik Chandra Gogoi, from Nagaon to Guwahati in place of the appellants. By the aforesaid judgment the learned Single Judge dismissed both the writ petitions. Hence the present appeals. 2. The order of transfer was challenged on the ground that the transfers have been issued at the behest of the Minister of the Department and without prior approval of the Chief Minister, which is contrary to the policy laid down, whereunder the officers should not be transferred from the place of posting before completion of three years in a place and if such transfer is to be made it should be on the basis of proper justification and grounds recorded in writing and after getting the approval of ...
Col. (Retd.) Jasbir Singh Virk Vs. Kishore Kr. Bhattacharjee
Court: Guwahati
Decided on: Apr-10-2003
P.G. Agarwal, J. 1. Heard Mr. N. Islam, learned counsel for the petitioner and Mr. N. Dhar, learned counsel for the respondents. 2. In this application under Section 282 Cr.PC the petitioner has prayed for quashing of the complaint in Criminal Case No. 100 of 2002 pending in the Court of the learned Chief Judicial Magistrate, Cachar, Silchar. The respondent complainant Kishore Kumar Bhattacharjee filed a complaint against the petitioner Col. (Retd.) Jasbir Singh Virk alleging, inter alia, that the petitioner by filing a false application with false statement has obtained the appointment to the post of principal, Regional Engineers College, Silchar and thereafter he has committed certain acts of misappropriation etc., etc. The trial Court vide the order dated 24.4.2002 took cognizance of the offence under Sections 153A, 409, 417, 420, 463, 468, 477A of the IPC and issued process. Hence, the present application for quashing. 3. The fist statement of the learned counsel for the petitio...
Subhas Chandra Sharma Vs. State of Assam
Court: Guwahati
Decided on: Apr-10-2003
B. Lamare, J.1. Heard Mr. K. Agarwal and Mr. M.B. Baruah, learned counsel for the Appellant and Mr. D.K. Das, learned standing counsel for CBI.2. The case of the prosecution in brief is that, accused No. 1 N.K. Dutta Bhowmik while functioning as Branch Manager, Union Bank of India (UBI), Jorhat branch during 1982-83 entered into criminal conspiracy with accused No. 2, Subhas Chandra Sharma, Nawal Kishore Jain (since deceased) and accused No. 3, Raj Singh Jain. Accused N.K. Jain and Raj Singh Jain were partners of M/s. Nawal Enterprises (NE) and M/s. Karbi Anglong Tea & Industries (KATI). Accused No. 2, Subhas Ch. Sharma was the Manager of South Eastern Road Carriers (SERC) Dibrugarh. M/s. NE enjoyed the facilities of documentary bill purchase upto the limit of Rs. 4.50 lacs sanctioned by Zonal Office of UBI. M/s. KATI do not have such facility of advance through documentary bill purchase. According to Bank Rules, documentary bill purchase provided for purchase of consignee copy of mot...
Nirmal Traders Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-09-2003
I.A. Ansari, J. 1. Whether the railway administration has unfettered power to re-weigh goods booked with the railways enroute behind the back of the consignee or endorsee in exercise of their powers under Section 78 of the Indian Railways Act and whether the railway administration has also' unbridled discretion under Section 79 of the said Act not to re-weigh, on the request of the consignee or endorsee such a re-weighed consignment are the two moot questions, which this writ petition has raised.2. In the above backdrop, the case of the petitioner needs to be considered. Petitioner's case, briefly stated, runs as follows : In the course of its business, the petitioner has booked 40 BCN Wagons as per the rake programme sponsored by the Government of Punjab tin 17-18 of November, 1999, The coal was loaded at Ledo Railway Station in the District of Tinsukia (Assam), Its destination being Bathinda. The said rake of coal was weighed at Electronic-in-Motion Weigh Bridge, at Ledo, in presen...
Sahil Rahman Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-09-2003
Ranjan Gogol, J. 1. Heard Mr. A.S. Choudhury, learned counsel assisted by Mr. I. Hussain, learned counsel for the petitioner and Ms. G. Deka, learned Govt. Advocate, Assam. 2. The writ petitioner, who was at the relevant point of time a Junior Engineer attached to the Executive Engineer, Dibrugarh Division of P. H.E. Department of the State, was put under suspension by an order dated 5.6.1995. Thereafter, a memorandum of charge dated 31.8.1995 containing four different charges was served upon the petitioner asking the petitioner to submit his reply to the said charges. It may be noticed herein that the first charge levelled against the petitioner is that while functioning as a Sectional Officer in charge of store section of the Dibrugarh (P.H.E. Division) the petitioner illegally sent out departmental store materials from the store. The other throe charges pertain to the alleged misconduct and misbehaviour of the writ petitioner. The petitioner showed cause and thereafter, nothing a...
Rup Ram Nath and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-09-2003
Ranjan Gogoi, J. 1. Heard Mr. A. S. Choudhury, learned counsel for the petitioners and Mr. K. C. Mahanta, learned Govt. Advocate, Assam.2. The case has a somewhat long history and an attempt is being made to recite the core facts.The petitioners, three in number, were retrenched from the department of Census in the year 1992. Thereafter, they were appointed as Grade-III employees in the offices under the Director of Social welfare and Probation, Government of Assam. The said appointments were conferred by the order dated 14.2.1995 (Annexure-6 to the writ petition) on a consolidated fixed pay of Rs. 900 per month. An advertisement was issued on 12th March, 1996 by the Director of Social Welfare for filling up of some vacant posts of Superintendents/Statistical Assistants. The petitioners participated in the said selection process which does not appear to have been taken to its logical conclusion. The petitioners, therefore, continued to serve in the aforesaid capacities. The cases of ...
Nirmal Traders Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-08-2003
I.A. Ansari, J. 1. Whether the railway administration has unfettered power to reweigh goods booked with the railways en-route behind the back of, he consignee or endorsee in exercise of their powers under Section 78 of the Indian Railways Act and whether the railway administration has also unbridled discretion under Section 79 of the said Act not to re-weigh, on the request of the consignee or endorsee, such a re-weighed consignment are the two moot questions, which this writ petition has raised. 2. In the above backdrop, the case of the petitioner needs to be considered. Petitioner's case, briefly stated, runs as follows : In the course of its business, the petitioner has booked 40 BCN Wagons as per the rake programme sponsored by the Government of Punjab on 17-18 of November, 1999. The coal was loaded at Ledo Railway Station in the District of Tinsukia (Assam), its destination being Bathinda. The said rake of coal was weighed at Electronic-in-Motion Weigh Bridge, at Ledo, in pre...
Assam State Electricity Board and ors. Vs. Phani Dhar Kalita and ors.
Court: Guwahati
Decided on: Apr-08-2003
I.A. Ansari, J. 1. 1. This second appeal has arisen out of the judgment and decree dated 6.3.1998, passed by the learned Civil Judge (Sr. Division), Sonitpur, Tezpur, in Title Appeal, Appeal No. 24/94, setting aside the judgment and decree, dated 9.5.1994, passed by the learned Munsiff No. 1, Tezpur, in Title Suit No. 72 of 1989 and decreeing the suit of the plaintiffs. 2. The respondents-plaintiffs instituted Title Suit No. 72/89 aforementioned seeking, inter alia, declaration that the office order No. EE/DED DKJ/E-10/89/427, dated 24.7.1989, passed by the defendant No.' 4, namely, Executive Engineer, Dhekiajuli, purporting to cancel the selection list of 1985 prepared in respect of the posts of Sahayak, Peon, Cook-helper in the Assam State Electricity Board (hereinafter referred to as 'the ASEB') is null and void non est in law and inoperative against the plaintiffs, the case of the plaintiffs being, briefly stated, thus : The plaintiffs, who are educated unemployed youths, underwen...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- Next ›
- Last »