Guwahati Court May 2004 Judgments
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Jahura Khatun Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-31-2004
Ranjan Gogoi, J.1. Heard Mr. K.K. Bhatra, learned counsel for the petitioner and Mr. S. Sarma, learned counsel appearing for the respondents. Also heard Mr. P. Roy, learned counsel appearing for the State of Assam.2. This writ petition has been filed seeking adequate compensation to the petitioner on account of death of her husband Mahammad Ali, who according to the petitioner, died in the lock up of the Railway Protection Force, New Bongaigaon on 31.7.93/1.8.93. The case pleaded by the writ petitioner is that on 31.7.93 at about 9 a.m., her husband Mahammad Ali was arrested by the Railway Protection Force near the railway over-bridge at New Bongaingaon and thereafter he was taken to the Railway Protection Force post at New Bongaigaon. At about 12 noon when the petitioner had gone to see her husband she found the Railway Protection Force personnel on duty assaulting and beating her husband in the Railway Protection Force lock up. The petitioner has further stated that on 1.8.1993 the ...
M.S. Associates Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-31-2004
D. Biswas, J.1. The above mentioned writ petitions have been filed before this court by the writ petitioners disputing the legality and validity of the search and seizure operations carried out, by the respondent authorities on different dates. The writ petitions pose common questions of law on identical facts and, therefore, are being disposed of by this common judgment.2. Mr. S.S. Ray, learned senior counsel appeared for the writ petitioners in W. P. (C) Nos. 1552 of 2000, 137 of 2000, 6965 of 2000, 7008 of 2000, 2889 of 2001, 2890 of 2001, 8647 of 2001 and 8648 of 2001 along with Mr. K.N. Choudhury, learned senior counsel and assisted by Mr. S. Shyam, learned counsel, Mr. P. Upadhaya, learned counsel appeared for the petitioner in W. P. (C). No. 3729 of 2001. The respondent authorities have been represented by Shri R.P. Agarwal, learned senior counsel assisted by Mr. U. Bhuyan, learned counsel.3. At the very outset, for convenience, the facts in each case and the stand of the Reven...
Rajkumar Pukhrel and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-31-2004
Ranjan Gogoi, J.1. Heard Dr. B. Ahmed, learned counsel for the petitioner and Mr. T.J. Mahanta, learned counsel appearing for the respondent No. 5. Also heard Mr. R.K. Bora, learned Govt. Advocate, Assam.2. A tender notice was published on 28.10.2002 inviting tenders for sale of the Jakhalabadha Sand and Pea Gravel Mahal for the year 2002- 2004. Though six tenders were received pursuant to the aforesaid notice, the authority having found certain irregularities in all tenders received, decided to cancel the tender process. Thereafter, a notice for re-sale of the said Mahal was published on 29.3.2003 and in response thereto, two tenderers including the respondent No. 5 herein, submitted their tenders. The respondent No. 5, it may be noticed, was the highest . tenderer. Thereafter, it appears that without cancelling the salenotice/ N.I.T. dated 29.3.2003; a fresh tender notice were again issued on 28.5.2003 which, on a representation filed by the respondent No. 5, was initially kept in a...
Ajit Kr. Singh Vs. Donyi Polo Ashok Hotel Corporation and ors.
Court: Guwahati
Decided on: May-28-2004
D. Biswas, J.1. The respondent Corporation is a hotel at Itanagar. The Indian Tourism Development Corporation and Arunachal Pradesh Industrial Development Corporation hold 51% and 49% of the shares of the hotel respectively. The Indian Tourism Development Corporation is a State within the meaning of Article 12 of the Constitution as per the decision of the Hon'ble Supreme Court in O. P. Bhandari Indian Tourism Development Corporation Ltd. and Ors., AIR 1987 SC 111 : 1986 (4) SCC 337 : 1986-II-LLJ- 509. Both Indian Tourism Development Corporation and the State of Arunachal Pradesh have pervasive control over the respondent hotel, namely, Donyi Polo Ashok Hotel Corporation. The General Manager of the hotel is an officer of the State Government. Therefore, the respondent hotel is a State within the meaning of Article 12 of the Constitution.2. The petitioner was appointed as an apprentice in the respondent hotel for a period of six months by an order passed on July 27, 1995. Thereafter, h...
NabiruddIn Ahmed Vs. Central Bank of India and ors.
Court: Guwahati
Decided on: May-27-2004
A.H. Saikia1. Heard Mr. K.H. Choudhury, learned senior counsel assisted by Sheikh Muktar, learned counsel for the petitioner and also heard Mr. A.C. Sarma, learned counsel appearing for the Bank Respondents.2. In order to appreciate and determine the issue involved in this case, it would be apt and necessary to narrate the factual matrix of the case in a short compass. The Bank-Respondents by Memorandum dated March 23, 1999 issued a show cause to the petitioner who is an employee of the Bank-Respondents working in the capacity of a Branch Manager at the relevant time, asking him to explain as to why a Disciplinary proceeding shall not be initiated against him for the allegations stated therein. The said Memorandum is extracted as under:'Ref. No. R.O/UPAS : PRS:DAD: 98-99: 415March 23, 1999While posted to work as Branch Manager, Central Bank of India, Thanachariali Branch, Sri Nabiruddin Ahmed gave a false introduction of some persons to open their new HSS accounts with the Branch. As ...
Subhash Projects and Marketing Limited Vs. the Deputy Commissioner and ...
Court: Guwahati
Decided on: May-26-2004
Ranjan Gogoi, J.1. All the writ petitions having raised common question of law on identical facts were heard together and are being disposed of by this common judgment and order.2. The writ petitioner, Subhash Projects and Marketing Limited, was awarded as many as 7 (Seven) different contracts for the execution of six Micro Hydel Projects and one Water Supply Scheme in the State of Arunachal Pradesh. The aforesaid contracts were awarded to the writ petitioner sometime in the year 1993. Disputes and differences in matters relating to execution of the aforesaid projects having occurred and the Hon'ble Chief Justice of this Court having been approached by means of an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as 'the Act'), the respondent No. 3 in the present proceeding Mr. Justice R.K. Manisena Singh, a former Chief Justice of the Gauhati High Court was nominated as an Arbitrator to go into and to resolve the disputes and ...
Krishna Kanta Das Vs. State of Assam
Court: Guwahati
Decided on: May-26-2004
I.A. Ansari, J.1. This is an appeal against the judgment and order dated 27-12-2002, passed by the learned ad hoc Additional Sessions Judge No. 1, Kamrup, convicting the accused-appellant Under Section 489B IPC and sentencing him to suffer simple imprisonment for seven years and to pay a fine of Rs. 5,000/- and, in default of payment of fine, to undergo simple imprisonment for a further period of six months.2. The case against the accused-appellant, as projected at the trial, was, in brief, as follows :On 12-03-1997, accused-appellant, Sri Krishna Kanta Das, an employee of M/s Assam Tribune Private Limited, came to the United Bank of India, Fancy Bazar Branch, for obtaining a Bank Draft and in the process of tendering the currency notes for the purpose of obtaining the draft, he tendered as many as six fake currency notes of Rs. 500/-denomination each. The cashier, at the bank, in the process of counting the said currency notes, found six of the notes as fake and brought the same, imm...
Uttam Chand Kothari Vs. Gauri Shankar Jalan and ors.
Court: Guwahati
Decided on: May-24-2004
B. Lamare, J.1. Heard Mr. S.J. Sarma, learned counsel for the petitioner and Mr. B. K. Goswami, learned counsel for the respondents.2. In this application under Section 115 read with Section 151 of the Code of Civil Procedure the petitioner has assailed the order dated 26-7-2002 passed by the learned Civil Judge (Senior Division) No. 1, Guwahati in Title Suit No. 171/96 rejecting the application for amendment of the written statement.3. The said Title Suit No. 171/96 was instituted by the respondents as plaintiff against the petitioner for eviction of the petitioner and for recovery of arrears of rent. The petitioner as defendant contested the suit by filing written statement. The learned trial Court proceeded with the suit and one witness was examined on behalf of the plaintiff/respondents. At that stage the petitioner filed petition No. 636/02 under Order 6, Rule 17 of the CPC praying for amendment of the written statement. The prayer of the petitioner was rejected by the impugned o...
Bijoy Bakti Vs. State of Assam
Court: Guwahati
Decided on: May-21-2004
P.G. Agarwal, J. 1. Heard Ms. R.D. Mazumdar, learned amicus curiae, appearing for the appellant, and Mr. F.H. Laskar, learned Addl. Public Prosecutor, Assam. 2. The appellant Bijoy Bakti stands convicted of the offence of murder under Section 302 IPC in Sessions Case No. 90/1998 on the allegation that on 23.7.1998 he killed his wife Lakshi inside his house. The trial Court sentenced the accused-appellant to imprisonment for life and to pay a fine of Rs. 100 in default to further imprisonment for one month. 3. Gopai Bakti (PW-1) is the informant of the case and is the uncle of the accused-appellant. Premodhar Dutta (PW-3) is the Gaon Burah of the area and Kartik Bakti (PW-5) is a co-villager. All the three witnesses have deposed that on going to the house of the accused-appellant they found his wife Lakshi lying dead with cut injuries on her person. The autopsy was conducted by Dr. Mukul Sarmah, (PW-2) who found as follows: INJURIES : (1) One sharp cutting wound of size 21/2' x 3' x 3...
Oil and Natural Gas Corporation Ltd. and anr. Vs. Union of India (Uoi) ...
Court: Guwahati
Decided on: May-21-2004
Ranjan Gogoi, J.1. An award dated 30.11.2000 passed by the learned Presiding Officer, Industrial Tribunal, Guwahati in reference case No. 3(c)/1996 has been put to challenge in the present writ application. By the aforesaid award dated 30.11.2000, the learned Tribunal after holding the concerned workmen to be the direct employees of the ONGC, has directed the appellant employee to regularise their services.2. The facts, in brief, may be noted at the outset.By the notification dated 21.11.1996 issued Under Section 10 of the Industrial Disputes Act, 1947, the following question was referred for adjudication by the learned Tribunal.'Whether the demand for regularisation by management of Oil and Natural Gas Corporation, Nazira and equal wages at par with their direct counterparts by Shri Jhatin Kr. Nath, Md. Safiratdin Ahmed, Shri Baba Kanta Das, Shri S.K. Nburmahammad Ali, Sriprasad Das, Sk. K. Nasiratdin Ahmed, Anil Ch. Das, Bijen Kakaty, Pranab Borah, Parag Phukan, Prafulla Das, Bhadra...
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