Guwahati Court August 2003 Judgments
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Nogen Chandra Baruah and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-28-2003
D. Biswas, J.1. The writ petitioners, 56 in numbers, who were working as Work Charged employees of the Assam Police Housing Corporation, have filed this petition for setting aside the impugned notices dated 2.2.2001 issued to them by the Chairman-cum-Managing Director of the Corporation. By this notice, the services of the writ petitioners have been terminated with effect from 1st of April, 2001. The impugned notice dated 2.2.2001 reads as follows : 'You were appointed on purely temporary basis as a work charged S.A./ Chowkidar, your appointment being liable to be terminated at any time with one month's notice.The works were commissioned as per funds made available by the Finance Commission Grants. The latest Tenth Finance Commission Grant, under which works were commissioned, will expire on 31st March, 2001 as extended.Since there would be no work after the date, under this grant, notice is hereby served on you terminating your service with the Assam Police Housing Corporation Ltd. w...
Bichitra Nath Deka Vs. Central Bank of India and ors.
Court: Guwahati
Decided on: Aug-28-2003
Ranjan Gogoi, J.1. An order imposing the punishment of reduction 5 stages in time scale with cumulative effect on the writ petitioner is the subject-matter of challenge in the present writ petition.2. The aforesaid punishment has been imposed on the writ petitioner on the following facts and circumstances.A memo dated 3.3.1994 was issued by the disciplinary authority of the respondent-Bank levelling certain charges against the writ petitioner and asking him to furnish his written explanation as to why disciplinary action should not be taken against him. The petitioner showed cause and the same having not satisfied the authority, it was decided by memo dated 22.7.1995 that a departmental enquiry ought to be held in respect of the charges against the writ petitioner, the details of which were enclosed to Annexure-1 to the memo dated 22.7.1995. The statement of imputation of misconduct, list of documents, in support of the charges and the list of witnesses were enclosed to the Memo dated...
The Secretary, Assam Cha Mazdoor Sangha Vs. the Management of Green Wo ...
Court: Guwahati
Decided on: Aug-28-2003
Ranjan Gogoi, J. 1. The challenge in the instant writ petition is against an award dated 21.2.1994 passed by the learned Labour Court at Dibrugarh in Reference Case No. 9/1988, holding the dismissal of the two workmen represented by the petitioner-Union to be justified.2. By a Notification dated 29.4.1988 issued under Section 10 of the Industrial Disputes Act, 1947, the State Government referred the following two questions for adjudication by the learned Labour Court at Dibrugarh :- (a) Whether the management of Greenwood Tea Estate are justified In dismissing their workmen Sarvashree Rajen Kahar and Gyandas Mirdha ?(b) If not, whether the said workmen are entitled to reinstatement or any other relief in lieu thereof?3. On receipt of the reference, Reference Case No. 9/88 was registered and notices wore issued to both the parties to file their respective written statements in the case.4. The case of the management, as stated in the written statement filed, is that the two workmen con...
Debajit Sarma Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-28-2003
Ranjan Gogoi, J.1. Heard Ms. U. Baruah, learned counsel for the petitioner, None appears on behalf of the respondents.2. The writ petitioner, Debajit Sarma was appointed as a Deputy Marketing Manager Grade-II in the North Eastern Regional Agricultural Marketing Corporation Ltd., (NERAMAC) on probation. On completion of the period of probation, he was confirmed in the post in question. The appointment of the petitioner was in the scale of pay with Industrial Dearness Allowance, In terms of the guidelines laid down in a letter dated 4.4.1990 of the Additional Secretary, Bureau of Public Enterprises, Ministry of Industry, Government of India, the pay scales in the I.D.A. Pattern were required to be revised with effect from 1.1.1987 and thereafter as per Clause VII of the aforesaid letter such revision was required to be carried out every five (5) years. The parameters for revision of the pay scales were set out in an enclosure to the aforesaid letter dated 4.4.1990, Thereafter, though re...
Nanu Ram Das Vs. State of Assam
Court: Guwahati
Decided on: Aug-26-2003
1. The appellant Nau Ram Das alongwith 4 others were tried for the offence under Section 302/365/34 IPC by the Sessions Judge, Barpeta in Sessions Case No. 28/98, on the allegation that on 7.6.1997, one Babita Das was kidnapped from her parents place and she was subsequently put to death. On conclusion of the trial, the trial court acquitted the four accused persons and convicted and sentenced the accused appellant under Section 302 IPC with imprisonment for life. Hence the present appeal. 2. The prosecution version of the case is that, deceased Babita, aged about 18 years had a love affair with the present appellant Nanu Ram Das and there was some physical relationship, as a result of which Babita had conceived. On the evening of 7.6.1997, the co-accused Dilip Das (since acquitted) took Babita Das from her parents place and she was allegedly taken to the house of the appellant Nanu Ram Das and on the next day morning the dead body of Babita Das was found lying in a filed. The post m...
Dhrubajit Debbarma Vs. Principal Chief Conservator of Forest and ors.
Court: Guwahati
Decided on: Aug-26-2003
T. Vaiphei, J. 1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned departmental proceeding drawn up against him by the respondent No. 1 vide Memo. No. F.19(550)/Viz/For-2002/4609-13 dated 27.5.2002 and the impugned Order dated 5.4.2003, passed by the respondent No. 2.2. The facts of the case, in brief, are that the petitioner is a Lower Division Clerk under the Department of Forest, Government of Tripura, who entered service as Lower Division Clerk on 4.1.1999. The petitioner is presently posted as Lower Division Clerk in the Office of the Divisional Forest Officer, Working Plan, Division No. II, Agartala. The writ petition further states that while the petitioner was posted as L.D.C. in the Office of the Divisional Forest Officer, Kanchanpur Forest Division, the Officer-in-Charge of Kanchanpur Police Station arrested him and another Shri Jarendra Reang, a contingent driver of the Forest Department for the of...
Sutendra Debbarma Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-25-2003
T. Vaiphei, J. 1. By this writ petition under Article 226 of the Constitution of India, the petitioner is seeking a writ in the nature of Mandamus and/or orders or directions for payment of compensation for violation of Article 21 of the Constitution of India.2. The facts of the case in brief are that the petitioner is the brother of the deceased Lalit Debbarma son of late Popsingh Debbarma, of Garmaibari village, Behalabari, P. S. Khowai, West Tripura District. The deceased was serving as an Assistant Teacher (Primary) in the pay scale of Rs. 970-2400. At the time of his death, he was posted as Assistant Teacher (Primary) at Tulsirai J. B. School, Khowai, West Tripura. It is further stated in the writ petition that on 25.6.1999 the deceased after attending his duty at Tulsirai J. B. School, proceeded for home. On the way home infront of Asharambari B.O.P. the deceased was all on a sudden shot by No. 88944413 CT. Madan Singh of Asharambari B.O.P. with his L.M.G. at about 7.30 p.m. an...
Ram Dew Shah and anr. Vs. Jagan Nath Shah
Court: Guwahati
Decided on: Aug-22-2003
S.K. Kar, J. 1. This is in application under Sections 397 and 401, CrPC, read with Section 482, CrPC, for setting aside the judgment and order dated 30.12.1994 passed by the learned Judicial Magistrate, 1st Class, Dibrugarh in Case No 76m/93 by which maintenance allowance of Rs. 100. 00 per month was granted to the opposite party.The facts of the case briefly be stated are as follows : The opposite party herein married for the second time while he started living in Assam. He donated his share of parental properties situated at Bihar to his first wife and two children living there. The opposite party started staying at Dibrugarh in Assam marrying for the second time. After few months, the first wife of the opposite party alongwith the children came to Dibrugarh and started living with the opposite party and the sons were helping the opposite party in selling the vegetables in a shop under Dibrugarh Municipal Board. Thereafter, the two sons from the side of the first wife demanded Rs. ...
Abdul Kuddus Borbhuyan Vs. State of Assam
Court: Guwahati
Decided on: Aug-22-2003
S.K. Kar, J. 1. This is an application under Section 482, Cr PC, for setting aside the judgment dated 19.12.1994 passed by the learned Sessions Judge, Cachar, Silchar in Criminal Appeal No. 16(3)/94 upholding the conviction and sentences passed by the learned judicial Magistrate, 2nd Class, Silchar in GR Case No. 3279/90 under Section 379, IPC, convicting and sentencing the accused/petitioner for three months RI with fine of Rs. 400 in default 10 days RI.2. The facts of the case briefly be stated are as follows.On 10.9.1990, a bullock belonged to Lalu Rabi Das after letting out for grazing did not return for which he was searching for it arid he also informed the VDP Personnel. Later on, he came to know that the Police personnel of Baskandi Police Station alongwith a bullock apprehended a person. He went there and identified the bullock as his own and came to know that the person who was apprehended by the Police alongwith the bullock was named as Abdul Kuddus Borbhuyan, son of Abdul...
Jayanti Gogoi and ors. Vs. Pranati Duara and ors.
Court: Guwahati
Decided on: Aug-21-2003
I.A. Ansari, J.1. This appeal has arisen out of judgment and decree, dated 17.9.1994, passed by the learned District Judge, Nagaon, in Title Suit No. 04 of 1992, whereby the plaintiff's suit was dismissed on contest with costs.2. In a nutshell, the case of the plaintiff appellants reads as follows :On 18.2.1931, Ambikeswar Phukan, a mauzadar, executed a will (Ext, 2) bequeathing his properties mentioned in the will to Smt. Labanya Prava Gogol, who was also named as executor of the will. The testator, namely, Ambikeswar Phukan died as far back as on 22.10.1933. The executor, namely, Smt. Labanya Prava Gogoi filed an application seeking probate of the will as late as on 30.7.73, i.e., after 40 years of the death of the testator. This application was, in course of time, registered as Misc. (Probate) Case No. 10/1973. This application was renumbered as T.S. 10/73 and the same was contested by the respondents. During pendency of the said suit, the executor aforementioned died. The suit, wa...
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