Guwahati Court May 2004 Judgments

Oriental Insurance Co. Ltd. Vs. Umesh Nath and anr.

Court: Guwahati

I.A. Ansari, J.1. Heard learned Counsel for the parties.2. These appeals have been resisted, at the very threshold, by challenging their maintainability on a question, which is, though short, a question of considerable importance. The moot question raised is this:Whether the Insurance Company (for convenience, hereinafter referred to as 'insurer'), which prefers an appeal under Section 30 of Workmen's Compensation Act (for short, 'the W.C. Act'), is required to deposit the amount awarded as contemplated under the Third Proviso to Section 30 of the W.C. Act?3. For the sake of brevity, Sub-section (1) of Section 30 is reproduced, in its entirety, hereinbelow:30. Appealh.--(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely-(a) an order awarding as compensation as lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;(aa) an order awarding interest or penalty under S...

Rosalind Margaret Baksh Vs. District Judge and anr.

Court: Guwahati

P.P. Naolekar, C.J. 1. Heard Mr. J. Roy, learned counsel for the petitioner and Mr. T.J. Mahanta, learned counsel for the respondent.2. This petition under Section 24 CPC is filed by the wife for transfer of the suit filed by the husband, for judicial separation, in the Court of the District Judge, Golaghat to the Family Court at Guwahati on the ground that the petitioner resides at Guwahati and has a four months old daughter and, therefore, it is difficult for her to travel from Guwahati to Golaghat to contest the matter of Golaghat.3. Whenever a party approach the court or is called upon to defend in the court, some sort of inconvenience is unavoidable and the inevitable result of the parties have to adjust their affairs in accordance with the schedule fixed by the Court in a case, but that cannot be a ground for transfer of a case from one court, having jurisdiction to try the proceedings, to some other court, having territorial jurisdiction or not. The inconvenience or difficulty ...

Karuna Das Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. This writ application has been filed making a challenge to an order dated 30.9.1999 by which the petitioner, a Police Constable under the respondents was discharged from service pursuant to a departmental proceeding initiated and completed against him.2. The departmental proceeding No. 17/99 was drawn against the petitioner under Section 7 of the Police Act read with Rule 66 of Assam Police Manual Part-III read with Article 311 of the Constitution of India. The charge sheet was issued under Memo dated 29.7.1999 and it reads as follows:Memo No. Bn. B/R/99/4197 Dated 29.7.1999.ToConst. 587 Karuna Das8th A.P. Battalion Abhayapuri,Distt. Bongaigaon, Assam.Sub : Show cause notice D/P No. 17/99You are hereby asked to show cause under Section 7 of Indian Police Act, (Act V of 1861) read with Rule 66 of Assam Police Manual Part-III and Article 311 of the Constitution of India, as to why any of the penalties prescribed therein should not be inflicted on you for the charge bas...

Suraj Roy Vs. Leela Nath and ors.

Court: Guwahati

P.P. Naolekar, C.J. 1. Heard Mr. N. Choudhary, learned counsel for the petitioner and Mr. N.H. Majarbhuyan, for the respondents.2. The respondents herein have filed a suit for a decree for declaration of their right, title and interest and possession of the Schedule-I land and for declaration that Sri Surjya Roy, petitioner herein, is a trespasser over the suit land. An application for ad interim injunction was also filed. The trial court by its order dated 4.8.98 has passed an order of temporary injunction in the terms, which has been quoted in paragraph 6 of the lower appellate court's judgment - 'restraining the O.P. No. 1 from transferring the suit land and from changing the topography of the suit land and the suit house'. Later on, an application was filed by the respondents herein before the trial court under Order 39, Rule 2A CPC complaining about the breach of injunction. It is alleged in the petition that the petitioner herein has violated the injunction order by cutting bamb...

Leima Singh Choudhury and ors. Vs. Tarini Mohan Das and ors.

Court: Guwahati

P.P. Naolekar, C.J. 1. The plaintiffs-respondents had filed a suit for possession of the suit land described in the schedule of the plaint under Section 6 of the Specific Relief Act. According to the plaintiffs-respondents, their predecessor-in-interest, late Taramoni Das, being the occupancy tenant, was in exclusive possession of the suit land till his lifetime. After his death, the plaintiffs acquired the non-ejectable tenancy right of their predecessor-in-interest by right of inheritance. The plaintiffs No. 1, 2, 3 and 6 lived on the suit land as joint family and they were in cultivating possession of the same. It is alleged that on 25.4.1990, the plaintiffs-respondents have been dispossessed from the suit land by petitioners-defendants and, therefore, the plaintiffs filed the suit for possession on account of dispossession of the plaintiffs illegally and/or without any authority of law. The petitioners-defendants have entered appearance and filed their written statement contendin...

Rajeshwar Das Vs. State of Assam and ors.

Court: Guwahati

D. Biswas, J.1. Writ Petition (C) No. 4169/2000 and Writ Petition (C) No. 8019/2001 are being disposed of by this common judgment and order.2. I have heard Mr. AK Purkayastha, learned counsel for the petitioner in WP(C) No. 4169/2000 and Mr. P.K. Tiwari, learned counsel for the petitioner in WP(C) No. 8019/2001. I have also heard Mr. A. Bora, learned State counsel.3. Sri Rajeswar Das, petitioner in WP(C) No. 4169/2000 and Sri Kandarpa Sarma, petitioner in WP(C) No. 8019/2001 were candidates for appointment to the post of Gaonburah of Titkagaria Gaon, Mouza - Sariha in the district of Barpeta. An advertisement was issued on 11.11.1998 by the S.D.O., Bajali Sub-Division for selection and appointment of Gaonburah. Both the above named writ petitioners submitted their applications giving full particulars. Interview was held on 25.6.1999 and by the order dated 28.6.1999 the S.D.O. (C), Bajali Sub-Division appointed Sri Kandarpa Sarma as Gaonburah of Titkagaria Gaon as he has been evaluated...

Md. SerajuddIn Vs. Md. Abdul Khalique

Court: Guwahati

S.K. Kar, J. 1. This is a confused petition, if I may speak so, presented by the petitioner desperately intending to seek relief as per provisions of Articles 226, 227, 300-A, 14, 21 along with Sections 115 and 151 of the C.P.C. etc.2. This petition is directed against the orders dated 18-3-2004 & 6-4-2004 of Civil Judge, Sr. Division No. 1, Manipur East, passed respectively in Execution Case No. 30/2003 and Judl. Misc. Case No. 9 of 2004 arising out of the execution proceeding.3. The petitioner, Md. Siraj Uddin states that present respondent Md. Abdul Khalique presented suit O.S. No. 67/1986/14/1987/7/1989/122/1990/83/1990 against him praying for redemption of the suit land (land pertaining to patta No. 181 of Imphal Municipality covered by Dag No. 15/2284 measuring .062 acres) in connection with a registered mortgage deed dated 17-1-1984 by paying Rs. 90,000/- and also for restoring possession of the suit land. Suit was decreed by learned Sub-Judge No. 1, Manipur East, vide his judg...

Th. Ibohal Singh Vs. State of Manipur and ors.

Court: Guwahati

P.P. Naolekar, C.J. 1. The facts of the case, in brief, are that in response to the advertisement dated 20th November, 2000 for appointment on the post of Grade-I officer of Manipur Judicial Service the appellant Th. Ibohal Singh and the respondent No. 4 Shri K Bipinchandra Sharma filed their applications along with other candidates. The High Court conducted the written examination on 5.3.2001 and the viva-voce on 19-4-2001. The appellant figured at Sl.No. 1 in the merit list whereas the respondent No. 4 figured at Sl. No. 2. The High Court in its Full Court Meeting took up the matter of recommendation to the Governor for appointment of the candidates selected, under Article 233 of the Constitution of India. When the matter came before the Full Court on 2.6.2001 as Add Item No. 4 the Full Court passed a resolution as follows :'Considered the recommendation of the Selection Committee for appointment to the post of Grade I of Manipur Judicial Service. It is RESOLVED that separate report...

Adhir Chandra Chowdhury Vs. State of Tripura and ors.

Court: Guwahati

I.A. Ansari, J.1. The petitioner herein, namely, Sri Adhir Chandra Chowdhury, while serving as Forest Ranger at Laxmipur in Kanchanpur Sub Division, withdrew an amount of Rs. 30,000 on 15.11.1989, from the cash deposit of Dasda Branch of Tripura Gramin Bank. Out of the amount so withdrawn, the petitioner disbursed an amount of about Rs. 19,000 and kept the remaining money amounting to Rs. 11,885 with him in one of the rooms of his official residence and slept in the other room of his residence as usual. On 19.11.1989, the petitioner lodged FIR with the local police station informing the police that some miscreants, on the night of 18.11.1999, entered into his residence and took away the said amount of Rs. 11,885 lying in his almirah along with some other materials. As the instructions issued by the Chief Conservator of Forests, Tripura, Agartala, Vide his Memo. F.l-3/2/For-83/Acctt/7997-8546, dated 3.2.1984, forbids that heavy cash should not be retained in the DFO's Office/Range Offi...

Netai Pada Chakraborty and anr. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2005)(1)SLJ191CAT

1. Railway Administration took over Demohani Polwhele High School and renamed it as Railway Girls' High School, New Jalpaiguri. While granting recognition to the said school as a X-Class School from January, 1980, West Bengal Board of Secondary Education vide its communication dated 21.2.1980, imposed certain conditions over and above normal conditions, for its recognition, which inter alia, included as under: "1. Male teachers of the School should be replaced by female ones in phases. 4. A list of teachers is to be supplied with whom the Girls' School is to be started at New Jalpaiguri." 2. The Ministry of Railways, Railway Board pursuant to powers conferred by the proviso to Article 309 of the Constitution of India, framed Recruitment Rules and issued Notification dated 17.3.1980, known as "Indian Railways Degree College, Intermediate Collage, Higher Secondary School, Higher Secondary Multipurpose School and High School (Group A and Group B Posts) Recruitment Rules, 1980" (hereinaft...