Guwahati Court March 2004 Judgments

Sri M. Thgaimon Singh S/O Late M. Radheshyam Singh and ors. Vs. Sri Th ...

Court: Guwahati

P.P. Naolekar, C.J.1. As common questions of facts and laws are involved in theseappeals they are heard and decided by a common judgment. 2. We have heard learned counsel for the respective parties.The Principal Respondents herein have challenged the seniority listdated 31.1.2000 of the Assistant Engineers in the Public WorksDepartment, Government of Manipur. The Principal Respondents were promotess from the post of Sectional Officers Grade-I to the post ofAssistant Engineers on adhoc basis on different dates from the year 1976to 1981, whereas the appellants were direct recruitees to the posts ofAssistant Engineers, they being appointed on different dates in the year1980 and 1986. We are not going to the details of the appointment of thepromotee officers or the direct recruitees, because of the fact that in viewof the judgments passed by the High Court in different cases the PrincipalRespondents / promotee Officers were directed to be regularised in theirservices on the posts of Assis...

Arjun Biswas Vs. State of Assam

Court: Guwahati

I.A. Ansari, J.1. By the judgment and order, dated 3-9-96, passed by the learned Sessions Judge, Dhemaji, in Sessions Case No. 29(DH)/1994, the appellant in this appeal, namely, Shri Arjun Biswas stands convicted under Section 302, IPC and sentenced to suffer imprisonment for life and pay a fine of Rs. 2,000.00 and, in default of payment of fine, suffer rigorous imprisonment for a period of 1 (one) year.2. The case against the accused-appellant, as projected at the trial, may, in brief, be stated as follows :On 19-7-1992, at about 5.30 a.m., the accused-appellant, Arjun Biswas appeared at Dhemaji Police Station with a handleless blood stained dao in his hand and claimed that on that very day, i.e., on 19-7-1992, at about 4.30 to 5.00 a.m., he had done to death his sister-in-law, Smt. Krishna Biwas, by giving her blows with dao, for, he had suspected that she had killed his (i.e., the accused-appellant's) elder brother, Arun Biswas. The information so given by the appellant was reduced...

Nakuleswar Paul Vs. State of Tripura and ors.

Court: Guwahati

Reported in: AIR2005Gau54,(2004)3GLR461

ORDERT. Vaiphei, J.1. This civil revision under Section 115 of the Code of Civil Procedure is directed against the order dated 10.12.2003 passed by the id. Civil Judge, Junior Division, Court No. 1, Agartala in T.S. No. 93 of 2003. By the impugned order, the application filed by the plaintiff-petitioner for permission to file the suit in a representative capacity under Order 1. Rule 8 of the Code was rejected.2. It is the case of the petitioner that Title Suit No. 93 of 2003 was filed by him challenging the placement of the officers in the grade of Senior Forest Rangers. He also filed a separate application under Order 1, Rule 8 of the Code for permission to sue in a representative capacity for and on behalf of others who have the same interest in the suit. By the impugned order, the Ld. Civil Judge rejected the application on the following grounds : - (1) no separate application was filed by the petitioner; (2) the officials who were sought to be represented by the petitioner did not ...

United India Insurance Co. Ltd. Vs. Sh. Lalsangliana and anr.

Court: Guwahati

P.P. Naolekar, C.J.1. The petitioner Insurance Company is a subsidiary of the General Insurance Corporation of India and is engaged in the business, inter alia, of insuring motor vehicles against comprehensive and third party risks, apart from others, under the relevant provisions of Motor Vehicles Act, 1988 and the Rules thereunder.2. The respondent No. 2 Smt. K. Lalrengpuii is the owner of the motor vehicle bearing Registration No. MZ-01-B-8600 (City Bus) which met with an accident at College Veng, Aizawl on 26.1.2003 at around 9.00 PM as a result of which the claimant respondent No. 1 Sh Lalsangliana's car, ZRM-4417 was damaged. The claimant moved a petition for compensation before the MACT, Aizawl which was registered as MACT Case No. 25/03. The Insurance Company was made a party to the claim petition and submitted its written statement. However, according to the petitioner Insurance Company, the owner of the vehicle failed to contest the claim and, therefore, the Insurance Compan...

Amarjeet Kumar Vs. State of Assam and ors.

Court: Guwahati

P.G. Agarwal, J.1. Heard Mr. A S Choudhury, learned senior counsel for the petitioner and Mr. Musahary, learned Govt. Advocate.2. The petitioner before us Sri Amarjeet Kumar had participated in the selection test for admission into the MBBS course in the various medical colleges of Assam for the year 2002 - 2003. The name of the petitioner as claimed by him appeared at SI. No. 145 of the select list but the result was withheld and after enquiry the candidature of the petitioner was cancelled on the ground that he is not a permanent resident of Assam, as required.3. The case of the petitioner is that petitioner's uncle is a permanent resident of and his father used to live with his brother at North Bongaigaon where the petitioner was born in the year 1979. The petitioner had his primary education up to class that Bongaigaon and thereafter he was shifted to Bihar where he completed his matriculation and higher secondary education. The petitioner was given permanent residential certifica...

Md. Farhad Ali Vs. Secretary, Assam State Agriculture Marketing Board ...

Court: Guwahati

P.P. Naolekar, C.J.1. The appellant-petitioner, at the relevant time, was working as Assistant Secretary in the Baharihat Market Committee and was posted at Baharihat. The Secretary of the Committee issued Show Cause Notice to the appellant-petitioner for commencing of the departmental proceedings against him on 1.8.1994 wherein various charges were levelled against the appellant-petitioner. After the service of the notice and taking some time, the appellant-petitioner filed his Written Statement denying all the charges. The Enquiry Officer after proceeding exparte against the appellant-petitioner, held him guilty of the charges framed against him on the basis of certain documents which have been collected from the official records of the marketing Committee. The Enquiry Officer admittedly, has not served the enquiry report to the appellant-petitioner. After perusal of the enquiry report, the disciplinary authority has imposed the penalty of reduction of rank wherein the appellant-pet...

Abdul Kabir and anr. Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. By. this writ application, the two petitioners who are brothers seek to challenge the judgments and orders dated 17.11.2003 passed by the Illegal Migrants (D) Appellate Tribunal, Assam in Appeal Case Nos. 26/ 2003 and 27/2003 affirming the judgments dated 7.3.2003 passed by the Illegal Migrants (D) Tribunal, Jorhat in IM(D)T Case No. JDT 88/ 2000 and IM(D)T Case No. JDT 89/2000 by which the petitioners have been held to be illegal migrants within the meaning of Section 3(c) of the IM(D)T Act (Act 39 of 1983) and answering the reference made to it by the Superintendent of Police (B), Jorhat under Section 8(1) of the IM(D)T Act.2. Upon a reference as aforesaid, the Illegal Migrants (Determination) Tribunal, Jorhat (hereinafter referred to as 'the Tribunal') registered IM(D)T Case No. JDT 89/2000 and IM(D)T Case No.. JDT 88/2000 respectively against the petitioners. Upon notice to the petitioners they appeared before the Tribunal and adduced evidence. The Tribunal on pe...

Bimalendu Bhagabati Vs. Assam Govt. Const. Corporation Limited and ors ...

Court: Guwahati

B.K. Sharma, J.1. By this writ application, the petitioner who was placed under suspension pending drawl of departmental proceeding way back in 1990 has invoked the writ jurisdiction of this court assailing the legality and validity of the two departmental proceedings initiated against him.2. Shortly stated the facts leading to the filing of the writ petition are that the petitioner while was serving as senior Assistant under the respondent corporation was placed under suspension by an order dated 25.9.1990 pending drawl of departmental proceeding. This was followed by issuance of a charge sheet dated 23.5.1991 bringing altogether three charges against the petitioner. Meanwhile a criminal proceeding was launched against the petitioner on the same set of charges. The petitioner approached this court by filing a writ petition registered and numbered as Civil Rule No. 3304/1991 making two fold prayers viz. to say that departmental proceeding till completion of the criminal proceeding and...

Narat Mal Nahata Vs. State of Assam

Court: Guwahati

A.M. Saikia, J. 1. Heard Mr. Z. Kamar, learned counsel for the petitioner. Also heard Mr. F.H. Laskar, learned P.P. Assam.2. The moot question involved in the Criminal Revision is whether a fresh consent under Section 20(1) of the Pevention of Food Adulteration Act, 1954 (for short 'the Act') is required after issuance of the Certificate by the Director, Central Food Laboratory.3. Mr. Kamar, learned counsel for the petitioner has contended that petitioner's conviction under Section 16 read with Section 7(1) of the Act and sentence to undergo rigorous imprisonment for 6 months and to pay fine of Rs. 1000 in default to undergo sentence for one month, awarded vide the judgment and order dated 21.6.1995 passed by learned Judicial Magistrate, Nagaon in C. R. Case No. 2963/92 which was confirmed ultimately by the learned Sessions Judge, Nagaon by his impugned judgment and order dated 18.9.1995 in Criminal Appeal No. 36(N)/95, is ex-facie illegal and bad in law on sole count that no fresh co...

Managing Committee, Ujan Lohit Kherkatia Suti MIn Samabai Samiti Ltd. ...

Court: Guwahati

B.K. Sharma, J. 1. By this writ application, the petitioners have made a challenge to Annexure-8 order dated 8.4.2003 by which the settlement of No. 5 Uzan Lohit Kherkatia Suti Min Fishery in the District of Lakhimpur with the petitioners has been cancelled. By the same order the fishery has been settled with the respondent No. 2 for a period of five years with immediate effect. Such settlement has been made purportedly under Rule 12 of the Assam Fishery Rules, 1953 and the same is at 10% enhanced rate over the existing annual revenue of Rs. 30,951/-. In the impugned order it has been stated that no other society has applied for settlement of the fishery. 2. Adverting to the facts of the case giving rise to the situation warranting filing of the instant writ petition are that the respondent No. 2 was the Secretary of the Managing Committee of the petitioner's Samabai Samiti for a period of three years commencing from 1999. Prior to that also he was the Secretary of the Managing Commi...