Guwahati Court February 2004 Judgments
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Nimai Dutta Vs. State of Assam
Court: Guwahati
Decided on: Feb-12-2004
P.G. Agarwal, J.1. Heard Mr. B.N. Sarma, learned counsel for the petitioner and Mr. G.N. Sahewalla, learned senior advocate appearing for the respondent.2. This is an application under Article 226 of the Constitution filed by the petitioner Shri Nimai Dutta challenging the award dated December 20, 2000 passed by the Labour Court, Assam, Dibrugarh in Reference Case No. 18/95.3. The facts of the present case are that the petitioner was a workman serving in Hukanpukri Tea Estate in the district of Tinsukia and he was chargesheeted for an alleged incident on March 15, 1994. Thereafter a domestic enquiry was conducted and acting on the report of the enquiry the petitioner was dismissed from service. An industrial dispute was raised and the matter was referred to the Labour Court by the State Govt. to adjudicate the following issues:'1. Whether the management of Hukanpukri Tea Estate are justified in dismissing the service of Shri Nimai Dutta with immediate effect vide their letter No. A-8/...
Upendra Kumar Debnath Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Feb-11-2004
I.A. Ansari, J.1. By making this application, the applicant, who is the appellant in RSA No. 17/2003, has sought for condonation of delay of 215 days in preferring the second appeal aforementioned.2. For seeking condonation of delay, the case of the application is, briefly stated, thus : After the impugned judgment and order, dated 30.3.2002, was passed, in Title Appeal No. 14/2001, the applicant-appellant applied for certified copy, on 11.4.2002, for the purpose of filing second appeal. The certified copy was delivered to the applicant on 18.5.2002, whereupon the applicant handed over file of the entire case to his counsel, Sri Suohasis Talapatra, on 12.7.2002, for preparing the second appeal, but on 13.7.2002, the chamber of the applicant's counsel was shifted from Harish Thakur Road, Krishnanagar, Agartala to Kunjaban Road, Agartala, and in the process of shifting, two files, one of the present applicant and the other of one Sri Bijoy Kumar Das (applicant in CM Appln. No. 26/2003) ...
Amrit Ballav Goswami @ Mizu Phukan Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-11-2004
P.P. Naolekar, C.J.1.Heard Mr. B.D. Konwar, learned counsel for the petitioner detenu and Mr. S. Ali, learned Addl. Advocate General, Assam for the respondent.2. The order of detention was issued by the District Magistrate, Golaghat on 22.5.2003 ordering detention of the petitioner under the National Security Act, 1980. The order of detention along with the grounds of detention has been served on the detenu, which received approval of the State Government on 27.5.2003. The detenu petitioner submitted representation challenging his detention on 29.5.2003, which has admittedly been received by the State Government on 6.6.2003. However, the representation was kept pending until 3.7.2003 when it was rejected by the State Government after 35 days.3. Among other, the learned counsel for the detenu petitioner has submitted before us that the detention order having not specified the term of detention, cannot stand and is liable to be quashed. For the said purpose, the learned counsel for the ...
Gopal Chandra Paul Vs. State of Assam
Court: Guwahati
Decided on: Feb-11-2004
A.H. Saikia, J.1. Heard Mr. S. S. Sharma, learned counsel for the petitioner. Also heard Mr. F. H. Laskar, learned PP, Assam.2. The petitioner alongwith another namely. Sri. Sanjoy Paul were convicted by the trial court on 13.3.1995 in. OR Case No. 18/94 under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adultration Act, 1954 (for short 'the Act') and sentenced to undergo RI for six months and also to fine of Rs. 1000 each and in default to further undergo SI for one month.3. Feeling aggrieved by the said conviction and sentence, the appellant preferred an appeal being CA No. 22/95 before the learned Sessions Judge, Nagaon. The learned Session Judge by his order dated 17.7.1995 confirmed the conviction of the petitioner, Sri Gopal Chandra Paul so imposed by the trial court under the charges as indicated above but acquitted the other accused, Sri Sanjoy Paul.4. The short point raised in this revision petition by Mr. Sarma, learned counsel for the petitioner is that...
Sharda Nand Misra Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-10-2004
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 (Nursing Assistant). In the year 1982, the petitioner was promoted to the post of Havildar (Pharmacist) and, thereafter he received his further promotion as Naib Subedar (Pharmacist) annd 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 superannuation age of all trades ...
Balendra Nath Hazarika Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-10-2004
Ranjan Gogoi, J.1. An order dated 8.9.2003, transferring the writ petitioner from the post of Superintending Engineer (S.E.), PWD, Roads, North Lakhimpur Circle, is the subject matter of challenge in the present writ application. By the aforesaid order dated 8.9.2003, the services of the petitioner were placed at the disposal of NC Hills Autonomous Council for posting him as SE, PWD (R&B;), Haflong Circle. By the same order, the respondent No. 4, who was working as Executive Engineer, PWD Roads, North Lakhimpur Circle was allowed to hold the current charge of the Office of the Superintending Engineer.2. The arguments advanced by Mr. M. Singh, learned Counsel for the petitioner as well as by Mr. J. Roy, learned Standing Counsel, PWD have been considered. Dr. B.P. Todi, learned Counsel for the respondent No. 4, has also been heard. The records produced in original on behalf of the official respondents have been duly perused.3. Before adverting to the facts of the present case, it will b...
Dilip Choudhury Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Feb-10-2004
1. By means of this appeal, the appellant has impugned the order dated August 12, 2002, passed in W.P.(C) No. 596 of 2001, whereby the learned single Judge dismissed the writ petition.2. The appellant, herein, was appointed as a Helper in Sabroom Primary Marketing Co-operative Society Limited (hereinafter referred to as 'the Society') on fixed remuneration of Rs. 400/- per month. The order of appointment of the appellant stipulated given of a notice of one month before terminating his service. However, by order, dated June 24, 1997, (Annexure-3 to the Writ Petition) the appellant was discharged from service on the ground that he had failed to deposit the amount, which he had, according to the respondents, defalcated. The appellant remained silent for about 4 years and, then, approached this Court, with the help of the writ petition, challenging his discharge from service on two grounds, viz. (i) that no notice, as stipulated in his appointment order, was served on him before he was di...
Nabaran Sarkar and ors. Vs. Sudhir Chandra Roy and ors.
Court: Guwahati
Decided on: Feb-09-2004
I.A. Ansari, J. 1. This revision has arisen out of the order, dated 28-8-2003, passed by the learned Civil Judge (Junior Division), Khowai, West Tripura District, in Execution (Title) No. 01 of 2003, dismissing the application made by the judgment-debtors i.e., the revision-petitioners under Section 47 of the Code of Civil Procedure (hereinafter referred to as the 'Code') challenging executability of the decree, dated 27-5-2002, passed in Title Suit No. 9 of 2000.2. Briefly stated, the material facts leading to the present revision may be stated as follows :(i) In T.S. No. 09/2000 aforementioned, the present revision petitioners were impleaded as defendants. The suit was instituted by the present opposite party, as plaintiffs, seeking, inter alia for declaration of their right, title and interest over the suit property, described in the Schedule to the plaint, and recovery of 'khas' possession by evicting the defendants therefrom. Though the revision petitioners received summons and e...
Bhaben Kalita and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Feb-09-2004
B.K. Sharma, J.1. By this writ petition a prayer has been made for appointment of the petitioners as Fireman in the State Fire Service Organization, Assam. According to the petitioners, the respondents by an advertisement issued in the year 1997 invited application from the eligible candidates for recruitment of Fireman. By accepting their candidature, they were called for written test scheduled to be held on 10.11.1997 by a letter, dated 24.10.1997. Nothing has been stated in the said petition as to whether the petitioners could qualify in the writ examination and whether were invited for oral test. However, a statement has been made that pursuant to the call letters issued to them for the written examination, they all appeared in the selection process conducted by the respondents. According to their averments made in the writ petition they appeared in a physical test and were declared to be selected. They were also informed that they would be medically examined on a date to be fixed...
Dipak Paharia Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2004
I.A. Ansari, J.1. This is an unfortunate case in which the two minor children witnessed their father being killed mercilessly by giving blows with a dao.2. This appeal is directed against the judgment and order, dated 9.9.1999, passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 49/97, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and also pay a fine of Rs. 5,000 and, in default, to suffer rigorous imprisonment for a further period of one year.3. The case of the prosecution, as unfolded at the trial, may, in brief, be described as follows:On 18.3.1996 at about 3.30 PM, while the deceased, Monglu Bhuyan, a accompanied by his two minor children, namely, Madan and Pradip, was going to the field, accused-appellant, Dipak Paharia, followed him and attacked with a dao from back side and killed him at the spot. The two minor children tried to remove the blood from the cut injuries of their father with a piece of clo...
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