Guwahati Court February 2004 Judgments
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Ramgopal Lohia and ors. Vs. State of Assam
Court: Guwahati
Decided on: Feb-19-2004
P.G. Agarwal, J. 1. This is an application Under Section 482 Cr.P.C. for quashing of the complaint in the case No. E. C. Act 1 (T) 1996 pending in the Court of Sessions Judge, Tinsukia.2. Heard Smt. Millie Hazarika learned counsel for the petitioners and the learned Public Prosecutor.3. B.K. Doley, Superintendent of Police, Bareau of Investigation (E.O.) forwarded an offence report submitted by the Inspector, Food & Civil Supplies, wherein it was alleged inter alia, that the petitioner accused persons were carrying on the business of sale of lubricating oil Grease without obtaining licence as required under the provisions of Clause -3 of the Lubricating Oil and Grease (P.S.D.R.) Order, 1987 and on inspection large stock of lubricating oil and Grease were found in their premises and seized. The case was registered as E.G. Act 1(T) 1996 and the learned Sessions Judge took cognizance of offence punishable under Section 7(1) of Essential Commodities Act and issued process.4. Quashing of t...
Ajit Pal and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Feb-19-2004
T. Vaiphei, J. 1. By this writ petition, the petitioner is challenging the decision dated 12.8.2003 (Annexure-3) and dated 19.8.2003 (Annexure-6) of the Respondent 5 and the letter dated 16.9.2003 (Annexure-5) issued by the respondent 2 and also praying for issue of a writ in the nature of mandamus directing the respondents to forthwith convene a meeting of Uttar Chebri Gram Panchayat for electing the Pradhan and Upa pradhan by simple majority of the members present in the meeting. 2. To appreciate the controversies involved in the writ petition, it will be necessary to set out the brief facts of the case as emerged from the pleadings for the parties. 3. The petitioner No. 1 and 2 are the elected members of Uttar Chebri Gram Panchayat which was constituted under the provisions of the Tripura Gram Panchayat Act, 1993 (hereinafter called 'the Act'). The petitioner No. 1 is presently holding the post of Upa pradhan as a stop-gap arrangement in a absence of an Upa pradhan elected under th...
Niranjan Mahanta and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-19-2004
P.G. Agarwal, J.1. As prayed for all these three writ petitions were heard analogously and disposed of by this common order.2. Heard Mr. B.B. Narzary, the learned counsel for the petitioners, Mr. A.K. Goswami, the learned counsel for the Karbi Anglong Autonomous Council and Mr. B. Choudhury, the learned Government Advocate.3. The matter relates to appointment of various categories of school teachers including L.D. Assistants in various schools of Karbi Anglong District in the State of Assam. The petitioners before us were appointed as ad hoc teachers some time on 10.10.2000 and thereafter they were tried to be replaced by another set of ad hoc teachers and as such they approached this court and this was prevented and this court also directed that the appointments be made in regular course. Subsequently an advertisement was issued inviting applications for as many as 7 categories of teachers and L.D. Assistants. Pursuant to the said advertisement, the writ petitioners had participated ...
Bhavikshan Tiwari Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-19-2004
I.A. Ansari, J.1. The petitioner has been serving in Assam Rifles, a paramilitary force of the Government of India, since 26.11.1970, the petitioner having joined the said force as a Rifleman, In the year 1982, the petitioner was promoted to the post of Havildar (Pharmacist) and, thereafter, he received his further promotion as Naik Subedar (Pharmacist) and on 5.10.1999, he was upgraded as Subedar Major (Pharmacist). The petitioner maintained an unblemished service record to the best satisfaction of his superiors. Pursuant to the recommendations of the 5th Central Pay Commission, the Government of India, Ministry of Home Affairs, issued Office Memorandum, dated 14.5.1998 (Annexure 1 to the writ petition) raising the age of retirement from 58 years to 60 years with direction to amend the respective Acts and Rules and acting upon the said Office Memorandum, Instruction No. 4/99 was issued by the Assam Rifles authority prescribing the superannuating age of all trades of Assam Rifles pers...
Cement Corporation of India Ltd. Vs. Achyut Chandra Das and ors.
Court: Guwahati
Decided on: Feb-19-2004
P.P. Naolekar, C.J. 1. Heard Mr. S.N. Sarma, learned counsel for the appellant. Non appears for the respondent. 2. The respondent Achyut Chandra Das was appointed on 30.06.76 to the post of Watchman in the Cement Corporation of India at its Bokajan Cement Factory. On 05.04.83 the respondent was transferred, from factory to the quarry at Dellai Parbat, which is 20 kms. away from the factory. After receipt of the transfer order, the respondent proceeded on leave on 10.04.1983 and made prayer by various applications dated 09.05.83, 23.05.83, 23.05.83, 06.06.83 and 4.06.83 for stay of his transfer order on various grounds. The respondent workman during this period did not join the transferred post. On 20.06.83 the Company by its letter addressed to the respondent refused to accept his prayer and asked him to resume his duties at the quarry, the place where he was transferred. Again on 14.09.83 a letter was sent to the respondent asking him to explain for his continuous absence from duty ...
Keshkuri Pathar Meen Samabai Samittee Limited and ors. Vs. State of As ...
Court: Guwahati
Decided on: Feb-19-2004
Ranjan Gogoi, J.1. A question that had confronted the Courts earlier with regard to the relevant requirements for making a direct settlement under the proviso to Rule 12 of the Assam Fisheries Rules, has once again surfaced in the present case.2. Both the writ petition and the respondent No. 4 were aspirants for direct settlement of the No. 31/33/41-Garli Turkijan Fishery. In response to the applications for direct settlement filed by the parties, the comments of the district authority were obtained by the State Government in whom the power to grant such settlement has been vested by the Rules. The comments/information sought for and furnished is in a prescribed format, which has been placed before the Court on behalf of the parties.3. The queries under Sl. No. 4(a) and 4(b) and the response of the Deputy Commissioner to the said queries in the prescribed format in the case of the writ petition as well as the respondent No. 4 may be usefully extracted hereinbelow:QUERY:4.(a) Whether t...
Abdul Roud Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-18-2004
B.K. Sharma, J. 1. Briefly stated, the facts leading to the filing of the instant writ petition are as follows :2. The petitioner was approved for appointment as Amin by a communication dated 29.06.1999 issued by the competent authority in the Revenue (L.R.) Department, Government of Assam. In the said letter it was clearly stated that the petitioner shall have to obtain the requisite qualification for permanent absorption as Amin within a period of 2 years under the prevalent scheme after his appointment. Pursuant thereto, the petitioner was appointed as Amin by an order dated 14.12.1999 with the following condition :'(1) The candidate Shri Abdul Roud shall have to acquire the requisite qualification i.e. successful completion of the Recorders certificate course class training within a period of 2 (two) years from the date of appointment under this scheme, with a direction that beyond this period no relaxation will be permitted and the person concerned shall be liable to be discharge...
Hindustan Paper Corporation Ltd. Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Feb-18-2004
P.G. Agarwal, J.1. Heard Mr. S.N. Sharma, learned senior advocate for the petitioner Hindustan Paper Corporation Ltd. and Mr. N. Majarbuyan, learned counsel for the respondent/employee.2. The respondent Samsul Uddin Mazumdar an ex-employee of the Hindustan Paper Corporation Ltd., (hereinafter referred as the Corporation) raised an industrial dispute whereby vide Annexure 2 dated August 12, 1999, the Central Government made the following reference under the Industrial Disputes Act:'Whether the action of the Management of the Hindustan Paper Corporation Ltd., in denying the employment to Shri Samsul Uddin Mazumdar verbally w. e.f. April 25, 1992 is justified? If not, to what relief the workman is entitled?'3. The Corporation raised a preliminary objection before the Presiding Officer, Industrial Tribunal, Guwahati in the related Reference Case No. 27(c)/99 to the effect that the Central Government is not the appropriate authority and as such the reference is bad in law and vide impugned...
Jodhpur Tea and Industries (P) Ltd. Vs. A.S.E.B. and ors.
Court: Guwahati
Decided on: Feb-18-2004
Ranjan Gogoi, J. 1. The controversy in the present writ petition relates to the question as to whether the Tea Manufacturing Unit of the petitioner without a garden/plantation is to be included within Category 8 or Category 6 of the 1994 Schedule of Tariff framed by the A.S.E.B. under Section 49 of the Electricity Supply Act, 1948. The aforesaid formulation with regard to the scope of the writ petition has been made by the Court having regard to the specific reliefs prayed for in the writ petition. Though a valiant attempt has been made on behalf of the petitioner to extend the horizons of the writ petition to cover the entitlement of the petitioner for the categorisation under the subsequent Schedule of Tariffs, this Court is of the view that having regard to the prayers made, the scope and ambit of the writ petition should not be extended to the areas as contended by the writ petitioner.2. The point formulated above, will have to be reconciled on the basis of the language used by th...
Phatik Ch. Talukdar Vs. Assam State Electricity Board
Court: Guwahati
Decided on: Feb-17-2004
Ranjan Gogoi, J. 1. The petitioner is the father of one Pranab Kumar Talukdar, who died, in an incident of electrocution which occurred on 17/7/82 in the village Raipur of Barpeta district of the State of Assam. The deceased at the time of his death, was 15 years in age and had completed, his High School Leaving Certificate examination, the results of which were announced latter, showing the deceased to have been passed in 2nd division. Alleging and attributing negligence on the part of the Board for the death of his son, the instant writ petition has been filed invoking the extraordinary jurisdiction of this Court and praying for award of adequate monetary compensation. 2. This Court by order dated 9/4/01, directed the Sr. Electrical Inspector, Govt. of Assam, to make an enquiry with Regard to the incident in question and submit a report. The said enquiry had since been completed and a report of the enquiry dated 22/11/01 has been placed on record. A perusal of the aforesaid report o...
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