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Guwahati Court November 2004 Judgments

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Nov 14 2004

ic-42417 F. Major T.K. Chatterjee Vs. Union of India (Uoi) and ors.

Court: Guwahati

Decided on: Nov-14-2004

B.K. Sharma, J.1. By this common Judgment, Writ Petition (C) Nos. 4146 of 2000 and 5199 of 2002 are proposed to be disposed of.2. The petitioner was working as a Major in the Indian Army and posted at Aizawl as O.C. No. 4 Eastern Command IS Group. On 15th August, 1999, 224 bottles of Indian Made Foreign Liquor were seized by the excise officials of the Government of Mizoram at the Check-Post at Vairangate from the Unit Vehicle. Naik Pushpender Singh and Nk Naresh Kumar on board were arrested and produced before the Magistrate of 1st Class at Kolasib. A Court of Inquiry was convened on 18th August, 1999 by the authority for carrying out investigation. On perusal of the summary evidence recorded by the Court of Inquiry, General Officer Commanding, 57 Mountain Division, directed that the petitioner, namely, Major T.K. Chatterjee be tried by the Summary General Court Martial. Accordingly, Summary General Court Martial was convened. Proceedings of the Court Martial were held on 14th June, ...


Nov 09 2004

State of Manipur and ors. Vs. Chongtham Ibocha Singh and ors.

Court: Guwahati

Decided on: Nov-09-2004

B. Lamare, J.1. Heard Mr. L. Shyamkishwor Singh, learned Sr. counsel assisted by Mr. L. Gunindro Singh, learned Counsel appearing on behalf of the appellants as well as Mr. S. Rupachandra Singh, learned Counsel for the respondents.2. In this appeal the appellants have assailed the judgment and order dated 1.10.2001 passed by the learned Single Judge in W.PO No. 1190 of 2001. By the said judgment and order, the learned Single Judge has directed that the respondents/writ petitioners would be entitled to the scale of pay for the post of Assistant Engineer (Elect.) as they are allowed to performed the duties of Assistant Engineer (Elect.). While passing the judgment and order, the learned Single Judge had relied references on the decisions of the Apex Court reported as AIR 1998 SC 2099 Secretary-cum-Chief Engineer Chandigarh v. Hari Om Sharma and Ors. : (1997)IILLJ743SC Judhistir Mohanty v. State of Orissa and Ors. and : AIR1999SC838 Selva Raj v. Governor of Island Port Blair and Ors.3. T...


Nov 08 2004

Smt. Moirangthem Ongbi Baby Alias Bibi Devi Vs. Union of India (Uoi) a ...

Court: Guwahati

Decided on: Nov-08-2004

B. Lamare, J.1. Heard Mr. Kh. Samarjit, learned counsel for the petitioner. Also heard Md. Lalal, learned GA for the State as well as Mr. N. Ibotombi, learned GSSC for the Union of India.2. In this application under Article 226 of the Constitution, the petitioner, who is the wife of the detenu, Shri M. Muni Singh has assailed the detention order dated 13-1-2004 issued by the District Magistrate, Imphal West against the detenu.3. The detenu was arrested on 9-1-2004 in connection with FIR No. 7(1) 2004 under Section 10/13 UA(P) Act Singjamei P.S. and he was remanded to Police Station till 13-1-2004. When the detenu was in Police custody, the detention order dated 13-1-2004 was issued against the detenu. The detention order was approved by the Government vide order dated 28-1-2004 and thereafter confirmed by order dated 2-3-2004.4. On being detained under the National Security Act (NSA), the detenu was served with the grounds of detention dated 16-1-2004. The detenu submitted his represe...


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