Guwahati Court February 2004 Judgments
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Eri-tech Ltd. and anr. Vs. Bharat Sanchar Nigam Ltd. and ors.
Court: Guwahati
Decided on: Feb-16-2004
Ranjan Gogoi, J. 1. What would be the correct parameters of State action after acceptance of a tender, is the core question that arises for determination in the present case. Having accepted a tender, is the State to be understood to be under compulsion to award the contract/grant the lease or is the State left free to decided the matter? The questions arise in the facts enumerated below : 2. A notice inviting tenders (hereafter referred to as the N.I.T) was published in the newspaper on 26.10.02 inviting bids in the two bid system for the grant of the following contract works : 'Installation and erection of 12F aerial OFC with supply of supporting Fixtures and Accessories for Likhaball-Bazar-Along-Boieng-Geku-Yingklong Route In AP SSA'. The petitioner submitted his tender in response to the aforesaid NIT and was qualified in the technical bid. By a letter dated 10.12.2002, the petitioner was informed that the financial bids submitted by the tenderers will be opened on 12.12.2002 at...
Tulsi Sahu Vs. Dhan Nayak
Court: Guwahati
Decided on: Feb-16-2004
P.P. Noleker, C.J.1. Heard Mr. P. Bhowmik, learned counsel for the petitioner and Mr. D.C. Mahanta, Learned counsel for the opposite party.2. This revision petition is filed challenging the order of the trial court whereunder the affidavit evidence of the defendant's witness has not been accepted by the court on the ground that his name do not appear in the list of witness submitted by the defendant.3. In exercise of the powers under Section 115 of the CPC, the High Court may call for the record of any cases which has been decided by the court subordinate to the High Court where no appeal lies form such order. The High Court, if it finds that the order under revision has been passed by the subordinate court in exercise of the jurisdiction not vested in it by law or the court has failed to exercise the jurisdiction illegally or with material irregularity, can pass appropriate order. The power of the High Court to pass appropriate order n the aforesaid condition has been restricted by p...
Binod Saharia Vs. Prag Bosimi Synthetics Limited and ors.
Court: Guwahati
Decided on: Feb-13-2004
A.H. Saikia, J. 1. Heard Mr. B.K. Ghosh, Senior Advocate assisted by Mr. N. Chakraborty, learned counsel for the appellant and also heard Mr. R.P. Sarma, learned counsel for the respondents.2. This appeal has been preferred against judgment and decree dated 10.3.2000 passed by the learned Civil Judge (Sr. Division), Darrang, Mongaldoi in Money Suit No. 2/92. The suit was partly decreed at Rs. 50,800 on contest with costs which was later on corrected as Rs. 60,800 vide order dated 5.6.2000 due to the clerical/arithmetical mistake committed in calculating the decreetal amount. The only grievance of the appellant in this appeal is that though suit was partly decreed, the main relief sought in the Money suit has not been redressed.3. The facts in brief are that the appellant and plaintiff instituted the present Money Suit against the defendants/respondents for payment of arrear salaries, outstanding bill and damages for wrongful dismissal from service. His case was that he was appointed a...
Rambhabala Devi Sahariah Vs. Multipurpose Progressive Association Japo ...
Court: Guwahati
Decided on: Feb-13-2004
B.K. Sharma, J.1. By this writ petitioner, a teacher of a private School has invoked the, writ jurisdiction under Article 226 of the Constitution of Indian making a grievance against termination of her service. A preliminary objection has been raised on behalf of the respondents on the maintainability of the writ petition on ground of the school being not an authority within the meaning of Article 12 of the Constitution of India. It is upon answer to this objection, the main issue relating to the legality and validity of the order of termination of service of the petitioner will depend. Since the very maintainability of the writ petition itself has been questioned by way of a preliminary objection, same is taken up first for a decision inasmuch as if the objection is upheld, the other issues raised in the writ petition need not be gone into.2. The facts leading to filing of the writ petitions are not in dispute. The petitioner who was appointed as Assistant Teacher of the school in qu...
Assam Government Marketing Corporation Ltd. Vs. Shekhar Chand Bhura an ...
Court: Guwahati
Decided on: Feb-13-2004
A.H. Saikia, J.1. Heard learned counsel for the parties.2. This first appeal has been brought from the judgment and decree dated 2.9.1992 and 4.9.1992 respectively passed by the learned Asstt. District Judge No. 1, Cachar at Silchar now designated as the Civil Judge (Sr. Division) in Money Suit No. 13 of 1991 decreeing the suit ex-parte for Rs. 3,35,886.19 with costs of the suit and pendentelite and future interest @ 6% per annum till recovery of the decreetal amount.3. The only issue raised in this appeal is that the trial court in passing the impugned judgment did not discuss at all the evidences adduced by the plaintiffs and further the documents exhibited by them were also left out from consideration to arrive at the ex-parte finding as reflected in the judgment assailed. It is argued on behalf of the appellant that the impugned judgment is contrary to the provisions of law laid down under Order 20 Rule 4(2) of the CPC and as such on this count alone the same is liable to be set a...
Trilok Chand Thakur Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Feb-13-2004
A.H. Saikia, J.1. Heard Learned counsel for the parties.2. This writ appeal has been directed against the judgment and order dated 13.6.2001 passed by the learned Single Judge in Civil Rule No. 3695/94.3. The appellant while serving as a Constable of Arunachal Pradesh Police and posted at Hunli Police Station under Dibang Valley District in Arunachal Pradesh, was placed under suspension by the competent authority on 24.8.1993 contemplating departmental enquiry against him and accordingly by Memorandum dated 25.8.1993 containing a statement of articles of charge with a statement of the imputation of misconduct in support of each article of charge was forwarded to the appellant accompanied by a list of documents and a list of witnesses. The charges against the appellant were as under: (I) On 18.5.1993 from 21.30 hours to 20.00 hours (of 19.5.1993), the appellant forcibly entered into the room of H/C B. Pegu and threw away his belongings and other furnitures. He also threatened H/C B. Pe...
Thanglenmang Hangsing Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Feb-13-2004
B. Biswas, J.1. The petitioner Mr. Thanglenmang Hangsing @ Jhonson @ Mamang was detained under the National Security Act, 1980 with a view to prevent him from acting in any manner prejudicial to the security of the State and maintenance of public order by the order dated 12th August, 2003 passed by the District Magistrate, Senapati District, Manipur. The order of detention issued under Sub-section (2) of Section 3 of the National Security Act, 1980 is in challenge in this petition.2. It would appear from the pleadings on record that the writ petitioner was arrested by the personnel of the 25th Assam Rifles Bn. on 30.7.2003 and was handed over to Lamlai Police Station along with the seized articles. Accordingly, a case was registered against him at Lamlai Police Station. The case was transferred to Saikul Police Station. The petitioner was arrested by Saikul Police Station in a number of cases registered in different police station. The petitioner was allegedly involved in cases of for...
Synergy Composites Pvt. Ltd. Vs. Hindustan Paper Corporation Ltd. and ...
Court: Guwahati
Decided on: Feb-13-2004
B.K. Sharma, J.1. Shortly stated the facts leading to the filing of the instant writ petition are as follows.2. The respondent Corporation issued a notice inviting tenders for lifting of Bamboo dust from their Mill premises at 'Kagajnagar'. The tender was for lifting bamboo dust generated in the chipper house from the Mill premises of the Corporation 'as is where is' basis with the specific condition that the quantity indicated in the NIT was only tentative. Further, the condition attached to the NIT was that the available quantity should be lifted within one month of the order and balance within one year 'as and when generated.'3. In response to the said NIT the petitioner Company which was earlier known as New Millennium Industries submitted its tender. The tenders were opened on 28.2.2000 and the bid of the petitioner Company was found to be the highest. On 9.3.2000, the petitioner Company was invited for price negotiation and such price negotiation took place on 14.3.2000. Pursuan...
Frontier Engineering Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-12-2004
Ranjan Gogoi, J. 1. A Tender Notice was published in the issue of 'the Assam Tribune' dated 23rd September, 2003 inviting tenders for the following works : 'Dhansiri irrigation Project :Construction of Silt Ejector at Ch 80.00M of main canal'. The petitioner along with five other tenderers submitted tenders for the grant of the aforesaid contract and four of the tenders having been found to be valid, the Tender Committee in a meeting held on 18.10.2003 recommended the petitioner for grant of the contract. It must be noticed at this stage that though the petitioner was L3 in the tender process, the Tender Committee took the view that as the lowest tenderer had already been awarded a major work in the same project, his name should not be recommended. In so far as the second lowest tenderer, i.e., the Respondent No. 5 herein is concerned, the Tender Committee took the view that a another work allotted to him i.e. construction of permanent protection embankment at down stream of Dhansiri ...
Purna Chandra Dey Vs. State of Assam
Court: Guwahati
Decided on: Feb-12-2004
A.H. Saikia, J.1. Heard Mr. J.M. Choudhury, learned senior counsel assisted Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. F. H. Laskar, learned PP, Assam.2. This Criminal Revision has been directed against the judgment and order dated 31.5.96 passed by the learned Sessions Judge, Sonitpur, Tezpur in Criminal Appeal No. 5(S-2)/94. The appeal before the Sessions Court preferred by the petitioner was dismissed confirming the conviction of the petitioner under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short 'The Act') and sentence to undergo RI for six months and to pay fine of Rs.. 1000 in default to further undergo RI for one month awarded by the learned CJM, Sonitpur, Tezpur in G.R. Case No. 279/88 by his judgment and order dated 25.3.94.3. The prosecution case in a nutshell is that one Shri Sonaram Baruah, Food Inspector of Sonitpur, Tezpur lodged a complaint alleging inter alia that on 18.3.88 he accompanied by one Shr...
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