Guwahati Court December 2004 Judgments
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Go - 1269x Sb Singh Se (Civ) and ors. Vs. Union of India (Uoi) and ors ...
Court: Guwahati
Decided on: Dec-23-2004
Ranjan Gogoi, J.1. The 11 writ petitioners are working as Superintending Engineers in the General Reserve Engineering Force (GREF). As the pleadings of the parties would go to indicate, the GREF is a unit of the Border Roads Organisation and the petitioners are members of the Border Road Engineering Service, having been inducted in service on the basis of a combined Engineering Service examination held by the UPSC.2. The grievance expressed is with regard to what the petitioners contended to be their entitlement to the scale of pay of Rs. 14,300 -18,300 in the posts of Superintending Engineer held by them, as had been recommended by the 5th Central Pay Commission.3. Earlier to the recommendations of the 5th Central Pay Commission, the cadre in Group A in the Engineering Service of the Border Roads Organisation consisted of the following posts with the below mentioned pay scales : Posts Pay scale1. Assistant Executive Engineer 2200-40002. Executive Engineer 3300-45003. Superintending E...
Green Valley Biscuit Pvt. Ltd. Vs. Madhabi Biscuit Pvt. Ltd.
Court: Guwahati
Decided on: Dec-23-2004
D. Biswas, A.C.J.1. This appeal is directed against the order dated 10.11.2003 passed by the learned District Judge, Sonitpur, Tezpur in MC No. 167/2002 arising out of title Suit No. 40/2002. By this order the learned District Judge vacated the ex parts ad interim, injunction order passed on 18.9.2002.2. Heard Mr. S.L. Jain, learned Counsel for the appellant and Mr. A.R. Banerjee, learned Counsel for the respondent assisted by Mr. C.R. Bakshi and Ms. Bhumika Choudhury, learned Counsels.3. The appellant Green Valley Biscuit Private Limited filed the aforesaid title suit for a decree for permanent injunction restraining the respondent M/s. Madhabi Biscuit Private Limited from passing off in any manner enabling others to sell biscuits bearing the trade mark 'Cocktail' and for rendition of accounts of profit earned by the respondent by misusing the trade mark 'Cocktail' of the appellant company.4. According to the appellant, the respondent M/s. Madhabi Biscuit Private Limited with its reg...
Basanta Saikia Vs. Assistant Labour Commissioner and ors.
Court: Guwahati
Decided on: Dec-23-2004
Ranjan Gogoi, J.1. This review application has been filed praying for review / recall of the order dated 13.5.2002 passed by this Court in Writ Appeal No. 121/ 2002.2. The facts in brief may be noted at the outset.By an order dated 28.8.1992, the review petitioner, who was a Mazdoor in the Oil India Limited, was discharged from service after holding an enquiry. The charge levelled against the review petitioner is one of absence from duty without leave for almost one and half years. The petitioner, after unsuccessfully exhausting the remedy of a departmental appeal, instituted a writ proceeding before this Court which was registered and numbered as Civil Rule No. 3576/94. By the order dated 30.3.1995, the aforesaid writ proceeding was disposed of by this Court by holding that the petitioner should avail of his remedies under the provisions of the Industrial Disputes Act. Thereafter, in the year 1996, the petitioner approached the Conciliation Officer and a conciliation proceeding under...
Kobe Ete Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Dec-21-2004
H.N. Sarma, J.1. Heard Mr. T. Michi, the learned Counsel for the petitioner and Mr. N. Tagia, learned Counsel for the respondent No. 4 and Ms. G. Deka, learned Govt. Advocate for the respondent No. 1, 2 & 3.2. By this application the petitioner prayed for condoning the delay of 41 days (?) in filing the Civil Revision Petition No. 136/2004. Notice of the aforesaid application was issued on 1.7.2004 in pursuant to which the Respondent No. 4 has filed his objection resisting the prayer for condoning the delay of 41 days.3. In the affidavit in opposition the respondent No. 4 has denied the correctness of the statement made in the petition. The petitioner's case is that, she is a lady staying at Along in the West Siang District and she entrusted her case with an Advocate namely Sri Gilli Ate to file the present revision petition. But later on it was found that the said Advocate did not file the petition and has left Itanagar. After constant persuasion the petitioner could obtain the neces...
Bakul Rani Das and ors. Vs. Paresh Ch. Sarkar and ors.
Court: Guwahati
Decided on: Dec-21-2004
B.P. Katakey, J.1. Mr. Somen Roy, the learned counsel appearing on behalf of Mr. K.N Bhattacharjee, the learned senior counsel for the writ petitioner has prayed for an adjournment, which I declined in view of the fact that this writ petition is pending since 29.5.1995. None appears for the respondents. 2. By this writ petition, the writ petitioner has sought to invoke the certiorari jurisdiction of this court under Article 226 of the Constitution of India for setting aside the order dated 22nd April, 1995 passed by the learned Tribunal constituted under the Tripura Agricultural Indebtedness Relief Act, 1979 ('the Act'). 3. The respondent No. 1 in the present writ petition has filed an application before the authority under Section 5(1) of the said Act praying for an order releasing the mortgaged property and grant of a certificate of redemption. The Sub Divisional Officer on the basis of the said application registered Case No. TAIR-7 of 1989 and upon issuance of notice and hearing t...
Th. Ibochou Singh Vs. State of Manipur and anr.
Court: Guwahati
Decided on: Dec-20-2004
M.B.K. Singh, J. 1. In this writ petition filed under Art, 226 of the Constitution of India, the petitioner Shri Thounaojam Ibochou Singh is challenging the order of detention of his son, Th. Brojen alias Romeo alias Korouhanba Singh, hereinafter referred to as the detenu, passed by the District Magistrate Imphal West on 23-1-2004 directing the detention of the said detenu under the National Security Act, 1980 and subsequent approval and confirmation of the said order by the State Government (Annexures A/1, A/2 and A/2-1).2. There is no dispute in respect of the following facts : The detenu was arrested on 16-1-2004 at about 10.30 a.m. by police and an FIR case No. 16(1) 2004 Sing jamei P.S. under Section 10/13 U.A. (P) Act was registered against him. While he was in police custody, he was served with the said detention order (Annexure A/1) on 23-1-2004 at 3.30 p.m. The detention order was purportedly made with a view to prevent the detenu from acting in any manner prejudicial to the ...
Kamal Kumar Dutta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-17-2004
B.P. Katakey, J.1. The writ petitioner in the present Writ Petition has challenged the order dated 27.7.2004 passed by the Commissioner, and Special Secretary to the Government of Assam, Public Works Department suspending the petitioner from service by invoking power under Rule 6 of the Assam Services (Discipline and Appeal) Rules 1964 (hereinafter referred to as the Rules).2. I have heard Mr. P. Pathak, learned Sr. counsel assisted by Mrs. P. Barman, learned Counsel for the petitioner and also Mr. J. Roy, learned Standing counsel for the P.W.D.3. The writ petitioner has challenged the aforesaid order of suspension dated 26.7.2004 on the ground that the authority has not exercised the power under Rule 6 of the aforesaid Rules bona fide and keeping in view the allegation on which the writ petitioner was suspended from service, there was no necessity for placing him under suspension as according to the learned Counsel for the petitioner the power of suspension cannot be exercised in an ...
Abdul Latif Barbhiya and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-17-2004
B.P. Katakey, J.1. This writ petition has been filed by the petitioners challenging the recommendation made by the Permanent Committee for appointing the Respondent No. 4 as Muslim Marriage Registrar.2. The fact in brief is that an advertisement in local daily 'Sonar Cachar' was issued on 4.5.2002 inviting applications for the post of Muslim Marriage Registrar and Kazi at Barkhola in the district of Cachar, in pursuant to which both the petitioners and the private respondent No. 5 along with other candidates applied for the said post. According to the petitioners, interview was conducted by the Interview Board consisting of District Registrar, Cachar, Deputy District Registrar and the Sub-Divisional Officer (Sadar) Civil on 23.9.2002 and the select list was prepared wherein the names of the petitioner Nos. 1 and 2 appeared at Sl. No. 1 and 2 respectively. The name of private respondent No. 5, according to the petitioners, appeared in the bottom of the list. The said list was forwarded...
Helen Deb Vs. Dilip Dey and anr.
Court: Guwahati
Decided on: Dec-17-2004
A.B. Pal, J.1. Heard Mr. P.R. Barman, learned counsel for the appellant and Mr. A. Gan Chowdhury, learned counsel for the respondent-New India Assurance Co. Ltd. and Mr. R. Dutta, learned counsel for the respondent-owner.2. This appeal is directed against the judgment and award, dated 19-6-1998 passed by learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala awarding an amount of Rs. 1,34,000 in all with an interest @ Rs. 12 per cent per annum from the date of filing of the claim petition in favour of the mother-petitioner. Having been aggrieved by the inadequacy of the award, this appeal has been preferred for enhancement.3. Briefly stated, the facts leading to the present proceeding is that the deceased Rajib Deb was the son of the petitioner who died in a motor accident at the prime age of only 22. During the proceedings before the Tribunal, the mothers as well as the other witnesses were examined and she claimed that he was a mason and earning Rs. 60 per day, whic...
Prasanna Kumar Nath Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-16-2004
B.K. Sharma, J. 1. This writ application is directed against an order dated 7.8.2004 by which the petitioner has been transferred from Nalbari to Bongaigaon and the respondent No. 5 has been transferred from Mangaldoi to Nalbari to the replacement of the petitioner.2. By a Notification dated 14.7.2002, the petitioner, a member of the Assam Civil Service and whose services was placed at the disposal of the Panchayat and Rural Development Department was appointed as Project Director and posted at the DRDA, Nalbari to the replacement of the respondent No. 5. Prior to that, the respondent No. 5 had functioned as the Project Director, DRDA, Nalbari for the period from 16.9.1997 to 24.7.2002.3. Pursuant to the said Notification dated 14.7.2002, the petitioner joined as Project Director, DRDA, Nalbari and according to him he could detect many irregularities including financial irregularities committed by the respondent No. 5 during his tenure as the Project Director, DRDA, Nalbari. Various i...
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