Guwahati Court September 2003 Judgments
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Union of India (Uoi) Vs. B.K. Construction
Court: Guwahati
Decided on: Sep-30-2003
A.H. Saikia, J.1. We have heard Mr. D. Baruah, learned Addl. Central Govt. Standing Counsel appearing on behalf of the Union of India represented by the Executive Engineer (Civil), Civil Construction Wing, All India Radio (Prasar Bharati), Itanagar, Arunachal Pradesh/appellant and Mr. B.C. Das, learned counsel who represents the contractor/respondent.2. This Miscellaneous First Appeal has been preferred by the appellant against the order dated 27.4.2001 passed by the learned District Judge, Yupia, Papumpare District, Arunachal Pradesh in Case No. MIS. (Arb.)1/2000 rejecting the application filed under Section 34 of the Arbitration and Conciliation Act, 1996, (for short 'the Act'), by the appellant for setting aside the arbitral award dated 13.12.1999 made and published by the sole arbitrator in the arbitration proceeding between the appellant and the respondent arising out of an Agreement No. 25/CE/ND/88-89.3. The facts of the case, in a nutshell, are that the appellant entered into a...
Jyoti Kumar Das Vs. Rubul Sarmah
Court: Guwahati
Decided on: Sep-30-2003
D. Biswas, J.1. This miscellaneous petition has been filed for vacating the order dated 17.6.2003 passed in W.P.(C) No. 4516 of 2003 staying the operation of the transfer order of the applicant issued by the Government vide Memo No. SPWD 190/2000/31 dated 9th June, 2003.It would appear that by the aforesaid order the applicant was transferred and posted as CDPO, Binnakandi ICDS Project, Nagaon vice the opposite party (writ petitioner) Shri Rubul Sarma. The applicant's case is that he has already taken over charge in pursuance of the aforesaid order of transfer and, therefore, the stay granted by the Court be vacated.2. The opposite party (writ petitioner) challenged the order of transfer on the ground of mala fide. His case is that he has been subjected to frequent transfer and this time he has been transferred in order to accommodate the applicant. It is further alleged that the order of transfer has also been made in violation of the transfer policy of the State Government.3. I have...
Jahangir Alam Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-29-2003
Ranjan Gogoi, J.1. The petitioners in this group of cases are teachers of different L.P./ M.E./M.V./High/Higher Secondary Schools of the state, who were appointed by the Managing Committee of the respective schools, which were already provincialised at the time of such appointment. The appointment of the petitioners was made mostly on honorary basis and in a few cases on payment of taken remuneration. Regularisation of service/absorption against substantive vacancies, is the essence of the relief/reliefs claimed in each of the writ petitions.2. I have heard Dr. B. Ahmed, learned counsel for the petitioner in WP(C) No. 6125/03; Mr. A.K. Purkayastha, learned counsel for the petitioner in WP(C) No. 5469/98 and 1923/99; Mr. N.N. Karmakar, learned counsel for the petitioner in WP(C) No. 5551/01; Mr. A.S. Chaudhury, learned counsel for the petitioner in WP(C) No. 7822/02; Mr. R.P. Sharma, learned counsel for the petitioner in WP(C) No. 2052/02; Mr. M. A. Sheikh, learned counsel for the peti...
Rijied Singh Rynjah Vs. Meghalaya State Electricity Board and ors.
Court: Guwahati
Decided on: Sep-26-2003
Ranjan Gogoi, J.1. The grievance raised in the present writ application is with regard to what the writ petitioner comprehends to be unequal and unfair treatment meted out to him and the indulgence and favouritism shown to the respondent No. 3, thereby enabling the said respondent to steal a march over the petitioner in service. A selection and consequential promotion made on 3.7.1997 to the post of Joint Secretary in the Meghalaya State Electricity Board and the belated promotion of the petitioner to the same rank made in the year 2000, are incidental aspects of challenge in the present writ application.2. The writ petitioner joined service in the erstwhile Assam Electricity Board in the year 1972 as Assistant Personnel-cum-Welfare Officer. His services were retained after bifurcation of the Assam State Electricity Board and creation of the Meghalaya State Electricity Board and thereafter the petitioner was absorbed in the said post in the Meghalaya State Electricity Board. In the ye...
Prasanta Bordoloi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-24-2003
I.A. Ansari, J. 1. With the help of the present writ application, the petitioner, who as a Lance Nayak in 60th Battalion, CRPF (Central Reserve Police Force) stands dismissed from service following a disciplinary proceeding drawn against him, has approached this Court seeking issuance of appropriate writ/writs setting aside and quashing the penalty of dismissal from service imposed on him.2. In a nutshell, the fact leading to the present writ application may be stated as follows: (i) While the petitioner was serving as Lance Nayak in 60th Battalion, CRPF, he was served with a memorandum, dated 8.4.1999 (Annexure B to the writ petition), whereby he was informed that a disciplinary proceeding stood drawn against him on article of charges enclosed therewith and he was also directed to show cause, if any, against the charge so levelled against him. There were altogether two charges framed against the petitioner. The charges read as follows : Article - INo. 850831018 LNK P. Bordoloi and N...
Bulu Das and anr. Vs. Moni Das and ors.
Court: Guwahati
Decided on: Sep-24-2003
I.A. Ansari, J.1. This is an appeal under Section 384 of the Indian Succession Act against the Order, dated 31.8.2002, passed by the learned District Judge, Kamrup, Guwahati, in Succession Case No. 327/2001, granting succession certificate.2. In a nut-shell, the facts leading to the present appeal may be stated as follows :(i) An application under Section 372 of the Indian Succession Act was made by the respondent No. 1, Smti Moni Das, praying for issuance of succession certificate in respect of debts and securities left by her husband Basanta Kr. Das, who was an employee in the Irrigation Department, Government of Assam, and who had died on 8.6.2000, the case of the respondent No. 1 being that the deceased Basanta Kumar Das had married the respondent No. 1 on 12.2.2002 and out of their wed-lock, two female issues, namely, respondent Nos. 2 and 3 were borne, both of whom are still minors and living under the care and custody of respondent No. 1. The prayer for issuance of succession c...
Anupam Lav and anr. Vs. Central Board of Secondary Education and ors.
Court: Guwahati
Decided on: Sep-24-2003
Amitava Roy, J. 1. Two students studying in CBSE Course are primarily aggrieved by the endorsement made in their mark sheets for All India Sr. School Certificate Examination, 2003 (hereinafter referred to as the 'Examination) to the effect that the results have been declared provisionally subject to the outcome of Crl. Case No. 11/03 Under Section 468/471/506 IPC in Miao PS. They have prayed for appropriate reliefs, inter alia, for directing the respondents to delete the said endorsement and to issue fresh mark sheets reflecting their results.2. I have heard Mr. Sahewalla, learned Sr. counsel assisted by Mr. Bora, advocate for the petitioner and Mr. C. Choudhury, learned CGSC for the respondents. None has entered appearance on behalf of respondent No. 4. This Court by order dated 11.9.2003 while issuing notice of motion had observed that an attempt would be made to dispose of the case finally on the next date keeping in view the urgency expressed by the learned counsel for the petit...
The State of Tripura and ors. Vs. Bhowmik and Co.
Court: Guwahati
Decided on: Sep-23-2003
T. Vaiphei, J. 1. This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 200 days in preferring the connected first appeal under Section 96 of C.P.C. which is directed against the Judgment dated 14-3-2002 passed by the learned Civil Judge (Senior Division), Dharmanagar, North Tripura in Money Suit No. 7/1999.2. Heard Mr. S. Deb, learned senior counsel, assisted by Mr. R.B. Sinha, learned counsel for the petitioners and Mr. A.M. Lodh, learned senior counsel, assisted by Mr. A. Lodh, learned counsel for the respondent.3. The case of the petitioners is that the impugned Judgment was delivered on 14-3-2002 and the decree was drawn on 26-3-2002. The petitioners applied for certified copy of the Judgment and decree on 21-3-2002 and the same was made ready on 18-4-2002. The said documents were obtained by them on 4-5-2002. Thereafter on 21-5-2002 the petitioner No. 4 requested the Additional Government Pleader, who conducted the case before the trial C...
Purna Chandra Guha and ors. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-22-2003
I.A. Ansari J. 1. In consequence of a dispute, which arose between the Management of Indian Airlines Ltd. and its causal workmen, the Central Government vide order No. L-11012/07/96-II(Coal-1) dated 15.4.1997, made the following reference :- 'Whether the demand by Sh. Paddeswar Baishya and others (as given below) causal labourers of Indian Airlines Limited for regularisation of their employment by the management is legal and justified, if no, to what relief are these workmen entitled?'2. The above reference being No. 7(c) of 1997 was disposed of by the learned Industrial Tribunal, Guwahati, by award dated 27.12.1999, with the direction, which run as under : 'In view of my aforesaid consideration, I am of the opinion that the Indian Airlines authority is not justified in not regularising the services of the causal workmen raising this industrial dispute. It is, therefore, ordered that management should prepare a list of casual workmen on seniority basis and regularise their services i...
Rakhal Mandal Vs. Topa Baruah and ors.
Court: Guwahati
Decided on: Sep-22-2003
I.A. Ansari, J. 1. This revision has arisen out of the judgment and order, dated 29.8.1998, passed by the learned Civil Judge (Senior Division) No. 1, Mongaldoi, in Title Suit No. 9/97 dismissing the suit.2. I have perused the impugned judgment and order and also the materials on record. I have heard Mr. M.H. Chouhdury, learned counsel for the plaintiff-petitioner, and Mr. B.C. Das, learned counsel for the defendants-opposite parties.3. The plaintiff-petitioner instituted Title Suit No. 9/1997 aforementioned, his case being, in brief, thus. The plaintiff is the owner of 13 Bighas of land by way of purchase vide two registered sale deeds and has been in possession thereof for the last more than 24/25 years. The defendants dispossessed the plaintiff, on 9.2.1997, by force from a portion of the said purchased land of the plaintiff, the land from which the plaintiff was so disposed being the suit land, described in the schedule to the plaint. On the basis of these pleadings, the plaintif...
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