Guwahati Court January 2004 Judgments
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Aftab UddIn and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-28-2004
Ranjan Gogoi, J.1. An advertisement was published sometime in the year 1996 calling for applications for filling up of about 1,000 posts of Graduate Teachers in the different High Schools/High Madrassas in the State of Assam. A Select List was prepared sometime in the year 1997 pursuant to the selection held and there is no dispute that all the posts advertised were filled up. However, as usual, a number of persons otherwise selected continued to remain in the Select List without being appointed. Thereafter, it appears that a ban on appointment of teachers was imposed by the Government and the said ban continued till it was lifted by a W.T. Message dated 25.3.2001. The aforesaid W.T. Message was issued to all the Inspectors of Schools in the State requiring them to make appointments on fixed pay without however, calling for fresh applications. A Select List was directed to be prepared from the candidates who had earlier submitted their applications. In so far as the Classical Teachers...
Joginder Kaur and ors. Vs. Satya Ranjan Roy
Court: Guwahati
Decided on: Jan-27-2004
P.P. Naolekar, J.1. Heard Mr. P.K. Kalita, learned counsel for the petitioner and Mr. A. K. Purkayastha, learned counsel for the respondent.2. Facts in brief a decree was passed for an amount of Rs. 7,499.25P against one Amardas Chawla, the predecessor of petitioner, in Misc. (J) Case No. 92/63. Lateron the decree was put for execution and the property under Dag No. 473 was attached. However, in the sale proclamation the Dag number was wrongly given as Dag No. 476 which was later on corrected by the Court's order. The property was sold in execution of the decree on 7.5.1978 and was purchased by the decree-holder Satya Ranjan Roy and a sale certificate was also issued. Thereafter, Smti Joginder Kaur, who is the daughter-in-law of the original judgment debtor/challenging the attachment and sale of Dag No. 473 land, filed an objection on the ground that the property in question was gifted to her by a registered deed by her father-in-law and, therefore, she is the owner of the property, w...
Tractor and Farm Equipment Ltd. Vs. Secretary to the Govt. of Assam, D ...
Court: Guwahati
Decided on: Jan-22-2004
I.A. Ansari, J.1. When a lis is brought or a proceeding is instituted in a Court of law, desirable it is that the Court, unless the law indicates otherwise, decides the maintainability of such a lis/proceeding. Howsoever, appealing may be the case of the party bringing the matter before the Court, the Court shall, keeping its mind completely disabused from the impression that it might have formed on the merit of the case, decide the question of maintainability. If the Court finds that the proceeding is not maintainable, the proceeding must terminate without carrying out any exercise to determine the merit or otherwise of the respective cases of the parties concerned and/or ' the question as to what reliefs the parties are entitled to. This rule is, however, subject to certain exceptions, one of such exceptions being that if the proceeding cannot progress on account of omission to implead the necessary party, the Court shall give an opportunity to the person, who approaches the Court, ...
Bela Rani Kar (Datta) Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jan-22-2004
T. Vaiphei, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioner seeks to quash the impugned memo No. F.3(3736)-DSWE/ ESTT/ 2003 dated 29.8.2003 and to direct the respondents to declare that her date of birth is 17.1.1945 as recorded in her service book.2. The case of the petitioner in a nut shell in that she was appointed as School Mother on a fixed pay under the Social Welfare and Social Education Department of the Govt. of Tripura on 15.7.1959 and her service was regularised with effect from 1.8.1982. It is the case of the petitioner that at the time of her entry into service, her educational qualification was Class-VIII and that her date of birth was recorded at that time was 17.1.1945. In the year 1994, the Directorate of Social Welfare and Social Education published tentative seniority list in respect of School Mother/Gram Laxmi as on 1.2.1985 wherein the name of the petitioner appeared at Sl. No. 8 with her date of joining as 15.7.1959. In t...
Fazlur Rahman Vs. Md. RaizuddIn and ors.
Court: Guwahati
Decided on: Jan-22-2004
P.G. Agarwal, J.1. Head Mr. A.M. Bujarbaruah, learned Counsel for the petitioner and Mr. A. Sharif, learned counsel for the respondents.2. The petitioner/1st party Faziur Rahman filed an application before the Executive Magistrate apprehending breach of peace in respect of the land measuring 2 bighas situated at Katlijhar village under Ghilajari Mouza covered by dag No. 37/38 under K P Patta No. 83. The proceeding was contested by the respondent/2nd party and thereafter vide order dated 18.9.2001, the learned Additional District Magistrate, Barpeta declared possession of the petitioner/1st party over the DL.3. Feeling aggrieved, the respondent approached the Sessions Judge, Barpeta in Criminal Motion No. 45/2001 and vide impugned order, the learned Sessions Judge set aside the said order of the learned Additional District Magistrate and hence the present revision by the petitoner/1st party.4. During the course of arguments, Mr. A.M. Bujarbaruah was fair enough to submit that this is a...
Pinku Trading Corpn. and anr. Vs. Bank of Baroda and ors.
Court: Guwahati
Decided on: Jan-21-2004
P.G. Agarwal, J. 1. In these Letters Patent Appeals which are pending before this court, a preliminary objection has been raised on behalf of the respondents that in view of the amended provisions of law contained in Section 100A of the Code of Civil Procedure, these Letters Patent Appeals are not maintainable, 2. We have heard the learned counsel for both sides and the question raised is disposed of by this common Order. 3. As the facts are not in dispute in this preliminary objection, we will not revert to the same and we propose to dispose of the matter on the point raised before us. The only factual aspect involved is that all these Letters Patent Appeals were filed and pending before this court as on 1.7.2002, the date on which the Code of Civil Procedure (Amendment) Act, 1999 and the Code of Civil Procedure (Amendment) Act, 2002 were made effective or operative. 4. Section 100A as substituted by the above referred amendment Acts reads as follows : '100A. No further appeal in cer...
Mohan Chandra Deka and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-21-2004
D. Biswas, J.1. The petitioner in the all these writ petitions were appointed on ad hoc basis as Deputy Director of Industries and Functional Manager, an equivalent post, by the orders of appointment passed by the competent authority at different point of time from the year 1987 onwards. The petitioners though initially appointed on ad hoc have been allowed to continue without any interruption till date. Subsequently, in terms of the condition of appointment, the petitioners appeared before the Assam Public Service Commission for selection and the Commission after completion of selection process recommended their case for appointment. The notification dated 19.9.1995 issued by State Government shows that the writ petitioner in W.P. (C) No. 579 of 2001 was regularized in service in the cadre of Assistant Director of Cottage Industries with effect from the date of recommendation, i.e., 29th December, 1994 by the Commission. Similarly, notifications regularizing the services of other wri...
Sri Anjan Kumar Dutta Son of Late Umesh Chandra Dutta and ors. Vs. the ...
Court: Guwahati
Decided on: Jan-21-2004
D. Biswas, J.1. Heard Mr. S.L. Sarkar, learned counsel for the petitionersand also Mrs. Singh, learned State Counsel.2. The petitioners case is that they have been serving asAssistant Teachers having been initially appointed on ad-hoc basis bythe Director of Secondary Education, Assam vide appointment orders issued on different dates from the year 1983 onwards. Their case is thatthey have been allowed to continue in service without interruption withbenefits of annual increments falling due on completion of a year ofservice. The petitioners felt aggrieved because of the notification dated28th March, 1998 whereby the Director of Secondary Education, Assam called upon the Inspector of Schools in the State of Assam to review thecases of the petitioners and other similarly situated persons for thepurpose of re-fixation of pay without incremental benefits already given.This order was passed by the Director of Secondary Education inpursuance of the Office Memorandum dated 23.9.1997 issued by...
Golapi Bibi and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jan-21-2004
A.H. Saikia, J.1. Heard Mr. A.B. Choudhury, learned counsel for the petitioners. Also heard Mr. F.H. Laskar, learned Public Prosecutor, Assam.2. This revision has been directed against the Judgment and Order dated 6.6.1995 passed by the learned Sessions Judge, Dhubri in Crl. Appeal No. 3(2)/95 dismissing the appeal preferred by the petitioners and confirming the conviction and sentence awarded by the learned Assistant Sessions Judge, Dhubri by Judgment and Order dated 20.4.1995 in Sessions Case No. 105/92 under Section 366A IPC.3. Both the petitioners are convicted under Section 366A IPC and sentenced to undergo rigorous imprisonment for seven years and also to pay an amount of Rs. 1,000 each to the victim girl as compensation in default to suffer further S.I. for one year each.4. The prosecution case in brief is that on 4.9.1990 one Musstt. Kesema Khatun, minor daughter of informant, Md. Abul Kasem, PW 2, was kidnapped by the petitioner No. 2, Md. Afzur Rahman who was assisted by the...
Dambarudhar Nath Vs. State of Assam
Court: Guwahati
Decided on: Jan-20-2004
I.A. Ansari, J.1. This appeal has been preferred against the judgment and order, dated 19-12-1995, passed by the learned Sessions Judge, Nagaon, in Sessions Case No. 64(N) of 1995.2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows :On 7-3-1994, at about 9.00 p.m. While Paban Nath (since deceased) went out to attend a marriage, accused Dambarudhar nath Picked up a quarrel with him at a village path and stabbed him with a dagger causing injuries on the person of Paban Nath. On alarm being raised, the informant, namely, Tapan Nath (P.W. 5), who is a younger brother of deceased Paban Nath, and other witnesses rushed to the place of occurrence and saw the accused causing injuries on Paban Nath. On noticing the witnesses, the accused fled away. The injured was brought home and, later, on, he was shifted to a hospital, where he succumbed to the injuries. On the FIR being lodged on the very night of the occurrence by Bakul Nath (P.W. 6), a relative o...
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