Guwahati Court May 2003 Judgments
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Hemam Bihari Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: May-30-2003
D. Biswas, J. 1. Heard Mr. Ashok Potsangbam, learned senior counsel for the appellant and also Mr. Kh. Nemaichand Singh, learned State counsel.2. The appellant herein as writ petitioner filed W.P.(C) No. 548 of 2000 praying for appropriate directions for review of the D.P.C. proceedings held on 20.11.1999 (Annexure-X/10) with other consequential reliefs. The appellant along with seven other officers were promoted to the post of Superintending Engineer (Electrical on the basis of the recommendation of the D.P.C. held on 12.11.1999 under the auspices of the Manipur Public Service Commission. The appellant, despite promotion, was aggrieved as he was placed below the respondent Nos. 6, 7, 8 and 9 in order of merit.3. The learned Single Judge dismissed the writ petition primarily on the ground that the respondent authority had made their own assessment, which cannot be termed as arbitrary and discriminatory and the Court in judicial review is not permitted to act as a Court of appeal.4. M...
Monabari Tea Co. Ltd. Vs. on the Death of Amar Bahadur Khowas, His Leg ...
Court: Guwahati
Decided on: May-30-2003
S.K. Kar, J. 1. A title suit, T.S. No. 48/78, instituted to the plaintiff before Munsiff No. 2, Tezpur, was decreed but appeal being filed by defendant against it, T.A. 28/93, was allowed by Asstt. District Judge, Sonitpur, reversing the decree and dismissing the suit hence this second appeal has been filed by the plaintiff (Monabari Tea Co. Ltd.).2. Briefly stated, case for the plaintiff (appellant before this court) is that 3 khata of land covered by dag No. 217 (New) patta No. 65, village : Hindugaon, Mouza : Balipara, hereinafter called the suit land, is the property owned and was possessed by the plaintiff exclusively till the defendant trespassed upon it and constructed a house thereupon (the suit land) on or around the month of January 1973 and started living there with his family. That due to illegal entry and occupation the defendant is liable to pay compensation.3. Defendant (respondent before the court) contested the suit raising usual and formal pleas and denied the alleg...
Rajmohan Das Vs. Charai Bahi Co-op Society Ltd. and anr.
Court: Guwahati
Decided on: May-30-2003
S.K. Kar, J. 1. This first appeal is against the judgment and decree passed by learned District Judge, Nagaon, in Money Suit No. 1/1998.2. I have heard learned lawyers appearing for the appellant as well as learned lawyers appearing for the respondents. Perused the evidence and materials on record vide LCR called for.3. Briefly stated, the respondent / plaintiff Charai Bahi Co-operative Society Ltd., represented by Secretary Sri Chandra Saikia, on 7.8.1996, handed over 88 bags of rice, weighing 80 quintals to be carried by the appellant / defendant No. 1 from F.C.I. godown at Nagoan to Charaibahi in Morigaon district. The carrying charge was fixed at Rs. 2300 and the defendant No. 1 received the rice and in his attempt to carry the same engaged his truck No. AS-02-5821. Unfortunately the truck met with an accident as a result appellant/defendant No. 1 failed to deliver the rice to the destination as per the terms and condition of the contract. It was further pleaded that the accident...
Manoj Kumar Choraria Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: May-29-2003
Ranjan Gogoi, J. 1. Heard Dr. A. K. Saraf, learned counsel for the petitioner and Mr. U. K. Mahanta, learned Government Advocate, Assam. 2. The challenge in the present proceeding is in respect of a notice dated 11.11.1998 issued by the Senior Superintendent of Taxes, Guwahati, Unit-C raising a demand for payment of tax as shown in the said notice. The aforesaid demand, notice has been issued to the writ petitioner on the basis that he continued to remain a partner of the registered partnership firm under the name and style of 'Lion Tea Company' till 3.7.1993. According to the Superintendent of Taxes, as the Registration Certificate of the aforesaid firm was amended on 3.7.1993 deleting the name of the petitioner as a partner, the liability of the petitioner as a partner of the said firm will continue upto 3.7.1993. 3. The averments made in the writ application and oral arguments advanced center around one principal issue. It is contended that the materials enclosed to the writ peti...
Khargeswar Nath Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-28-2003
I. A. Ansari, J.1. By making this application under Article 226 of the Constitution of India, the petitioner, who is father of deceased Cheniram Nath, has approached this Court seeking, inter alia, issuance of appropriate Writ or Writ(s) declaring the arrest and detention of the said deceased in the army custody as illegal and commanding the Central Bureau of Investigation (CBI) to equire into/investigate the circumstances in which the said deceased was apprehended and detained and what led to his death and also seeking the remedy of adequate compensation for the family members of the said deceased.2. In a nutshell, the case of the petitioner runes as follows : - Deceased Cheniram Nath, a registered contractor in the Public Health Department, Govt. of Assam, was an active social worker and President of Manab Adhikar Sangram Samittee (MASS) of Hatichung Anchalik, Nagaon. On 30.5.1997, while the said deceased was present at the house of his co-villager and brother-in-law to have his di...
ismail HussaIn Vs. Tosta Mohan Sarkar and ors.
Court: Guwahati
Decided on: May-27-2003
I.A. Ansari, J 1. We have carefully perused the impugned judgment and other materials on record. We have heard Mr. AY Choudhury, learned counsel for the appellant, and Mrs. A. Hazarika, learned Addl. Senior Government Advocate, Assam, appearing on behalf of the State respondents 2. Turning to the facts and various stages, which have led to the present Writ Application, we noticed that the appellant, Ismail Husain, instituted Title Suit No. 150/1978 at Nagaon seeking decree for, inter alia, a declaration that he stood duly appointed by the Managing Committee of Barbari Milan High School as Headmaster and ex-officio Secretary. Though the learned Munsiff, Nagaon, dismissed the suit by judgment and decree, dated 29.6.1985, the learned Assistant District Judge No. 1, Nagaon, vide judgment and decree, dated 29.3.1986, passed in Title Appeal No. 32/1985, allowed the appeal, decreed the suit and gave a declaration that the present appellant Ismail Hussain was the Headmaster and ex-officio Sec...
Aloke Goswami Vs. Shuamal Kumar Bose
Court: Guwahati
Decided on: May-27-2003
I.A. Ansari, J. 1. By making this application under Section 482 Cr.PC, the petitioner, who is the accused in the Complaint Case No. 637c/94 under Section 448/506/325/392, IPC, has sought for quashing of the complaint. 2. Briefly stated the complaint, which is under challenge in the present revision reads thus : On 20.8.1994, at about 12 noon, while the complainant was having his meals at his house, the accused-petitioner entered into the house of the complainant, started beating the complainant causing injuries on his person and threatened to kill him. When the complainant raised hue and cry, the accused-petitioner fled away, but while so fleeing away, he snatched away from the possession of the complainant a cash amount of Rs. 330. 3. Based on the above complaint, Case No. 637c/94 under Sections 448/506/325/392 IPC aforementioned was registered in the Court of the Chief Judicial Magistrate, Tinsukia. The Complainant named two persons as witnesses and sought for issuance of processe...
Ashok Paper Mills Ltd. Vs. Sanghi Textiles Ltd. and ors.
Court: Guwahati
Decided on: May-27-2003
P.G. Agarwal, J. 1. This revision under Section 115 of the CPC is directed against the order dated 25.2.2003 passed in title Suit No. 61/99 by the learned Civil Judge (Sr, Division), Bongaigaon.The facts : On 28.7.1994, the respondent plaintiff Sanghi Textiles Limited instituted Title Suit No. 61/99 praying for declaration that the repossession of the mill is illegal and for permanent injunction and an interim injunction was sought for but the said injunction was rejected and the matter came up before this Court in F.A.O. 3/2000, wherein this Court directed for evaluation of the assets of the mills and accordingly a Commissioner was appointed and the Commissioner submitted an inventory. The matter was sent back by the High Court with the direction to the trial court to dispose of the suit within a period of six months vide order dated 1.10.2002 in C.R.R 20/2002. Thereafter, after the completion of the pleading and filing of the list of documents and witnesses, the plaintiff filed aff...
Manik Ratan Business Pvt. Ltd. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: May-27-2003
P.P. Naolekar, C.J.1. Manik Ratan Business Pvt. Ltd. and the State of Arunachal Pradesh have entered into a contract whereunder the Contract was required to supply a particular brand/make of power transformers at Bomdila and installation and commissioning of the same. The contract was entered into on 2.12.1997. Admittedly the contract between the parties contained an arbitration clause as Clause No. 25 of the agreement, whereunder in case of any dispute referred therein the matter shall be referred to the sole arbitration of the person appointed by the Chief Engineer-in-charge of the work at the time of dispute or if there be no Chief Engineer the Administrative Head of the said Department at the time of such appointment. Difference and dispute regarding the testing and commissioning of the transformer and in the matter related thereto has arisen between the parties and therefore, as per the case of the petitioner, it has invoked the arbitration clause by addressing a letter of reques...
Pu. C. Thangmura Vs. Pu. F. Vanlalthlana
Court: Guwahati
Decided on: May-26-2003
P.P. Naolekar, C.J. 1. This PIL has been filed making allegations as contained in paragraphs 5, 6 and 7, they are reproduced below - '5. That the petitioner states that one Pu. Hranghleikapa of Samphai in the State of Mizoram donated a barking deer on 11.6.2000 which he found in the forest at Samphai to Pu K Vanlaluana, Minister of State, Government of Mizoram for handing over the same to the Government run Mini Zoo at Aizawl. Then the said Minister by his Government Gypsy vehicle No. MZ-01-2082 carried the deer to Aizawl. While transporting the said wild animal, the said Sri K. Vanlaluava did not obtained any permission from the Chief Wild Life Warden or any authorized Office of the State Government as contemplated under Section 48(A) of the Wild Life (Protection) Act, 1972. Later on, it was found that the servants of the said K. Vanlaluava prepared the meat of the animal for the purpose of the dinner hosted by K. Vanlalauva in honour of the Hon'ble Chief Minister of the State. 6. ...
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