Guwahati Court January 2004 Judgments

State of Meghalaya and ors. Vs. Rajesh Kalia and ors.

Court: Guwahati

P.P. Naolekar, C.J.1. The facts in a narrow compass for disposal of this case are that on 2.3.1986 at about 8.30AM while Sudarshan Kr. Kalia (since deceased) was proceeding on his scooter from Dimapur to Jagiroad for his contractual work of North East Frontier Railway one ambassador car -belonging to Government of Meghalaya, Forest Department dashed with his scooter and as a result thereof, said Sudarshan Kr. Kalia had died on 2.3.1986. The claimants, who were minor sons and daughters have filed a claim petition claiming compensation of Rs. 6 lakhs for the death of their father. The Motor Accidents Claims Tribunal, Kamrup, Guwahati after recording the evidence of the parties have reached to the conclusion that the accident took place on account of negligent driving of the ambassador car. The Court has recorded the findings that at the time of death, the deceased was 44 years of age and was earning an amount of Rs. 3,000 per month. Taking 1/3rd amount of his earning being the amount sp...

Assam Industrial Development Corporation Ltd. and ors. Vs. Rabindra Ku ...

Court: Guwahati

P.P. Naolekar, C.J.1. Heard Mr. P.C. Deka, learned counsel for the appellant and Mr. G. K. Bhattacharyya, learned counsel for the respondent.2. The writ petition respondent Shri Rabindra Kumar Sarma was in employment of the Assam Industrial Development Corporation Ltd. and at the relevant time was holding the post of Deputy Manager (Development) in the Corporation. The petitioner respondent had tendered his resignation to the Corporation on 4.9.1992. The letter of resignation contends that he be retired from service on 31.10.1992. The Management, acting on the letter of resignation tendered by the petitioner respondent accepted the resignation from 31.10.1992 by its letter dated 28.9.1992. Later on the Corporation formulated a voluntary retirement scheme of the employees of the Corporation on 28.12.1992, which was brought into force from 25.10.1993. Seeing that the voluntary retirement scheme has come into effect, the petitioner respondent or 10.2.1993 had made a representation to the...

Ajoy Kumar Barua Vs. Assam State Electricity Board and anr.

Court: Guwahati

P.P. Naolekar, C.J.1. The facts in brief are that the petitioner/appellant was an employee of Assam State Electricity Board (ASEB). His service was terminated with effect from 16th January, 1975. The appellant raised an Industrial Dispute and the matter was referred to the Labour Court by the State Government vide Notification No. GLR.528/86/4 dated 21.11.1986. The Labour Court vide its award dated 24.8.1993 directed reinstatement of the appellant/petitioner with full back wages. As the ASEB had not reinstated the petitioner as per direction issued by the Labour Court, the petitioner has approached this Court by filing a writ petition (CR 805/95) for enforcement of the order of the Labour Court.2. It is the case of the respondents that the termination order dated 16.1.1975 issued against the appellant/petitioner was cancelled. The appellant was charge-sheeted and another departmental enquiry was held and the charges being found to be proved the service of the appellant was terminated ...

HafizuddIn Ahmed and ors. Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. Families of 54 petitioners, represented by them are before this court being aggrieved by notices issued by the official respondents directing them to vacate the land in their occupation within a period of 10 days from the date of issuance the reof. This court while issuing notice of motion on 15.7.1998; in the interim directed that status-quo with regard to the petitioners' possession of the land would continue. The interim order, after the rule was issued was continued. As a result the petitioners, are still in occupation of the land in their possession.2. I have heard Mr. M. A. Skheih, learned counsel for the petitioners and Mr. Thakur, learned State counsel.3. The facts in the minimum as can be gathered from the petition are that the petitioners are landless persons having been uprooted from their earlier sites due to floods of the river Brahmaputra. They claim to be in possession of the land for last 32 years. Plots ranging from 1B to 12B in areas are in their oc...

Ajoy Kumar Barua Vs. Assam State Electricity Board and anr.

Court: Guwahati

Reported in: (2004)2GLR51

P.P. Naolekar, C.J.1. The facts in brief are that the petitioner/appellant was an employee of Assam State Electricity Board (ASEB). His service was terminated with effect from 16th January, 1975. The appellant raised an Industrial Dispute and the matter was referred to the Labour Court by the State Government vide Notification No. GLR.528/86/4 dated 21.11.1986. The Labour Court vide its award dated 24.8.1993 directed reinstatement of the appellant/petitioner with full back wages. As the ASEB had not reinstated the petitioner as per direction issued by the Labour Court, the petitioner has approached this Court by filing a writ petition (CR 805/95) for enforcement of the order of the Labour Court.2. It is the case of the respondents that the termination order dated 16.1.1975 issued against the appellant/petitioner was cancelled. The appellant was charge-sheeted and another departmental enquiry was held and the charges being found to be proved the service of the appellant was terminated w...

Mahipal Nath Vs. the State of Assam

Court: Guwahati

1. Heard Mr. J. M.Choudhury, learned senior counsel appearing on behalf of the appellant, and Mr. D.Goswami, learned Public Prosecutor for theState respondent.2. This appeal is directed against the judgment and order, dated 21-5-1999, passed by the Sessions Judge, Barpeta, in Sessions Case No. 68/96, whereby the accused-appellant Mahipal Nath was convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 2000/-, and in default, to suffer further imprisonment for six months.3. The prosecution, as unfolded, is that the accused-appellant Mahipal Nath has got a restaurant at Howly Dally Bazar. The deceased Digen Boro also used to visit the said daily bazaar and on the date of occurrence, i.e. on 3-9-91, an altercation took place between the deceased and the accused in front of the shop of the accused. Thereafter, the accused person picked up a knife and stabbed the deceased as a result of which the deceased died at the spot. One o...