Guwahati Court January 2005 Judgments

Gurubaksh Singh Vs. Bishnu Rabha Nimna Buniadi Bidyalaya and ors.

Court: Guwahati

T. Vaiphei, J.1. This revision petition is directed against the order dated 7.6.2004 passed by the learned Civil Judge (Senior Division), Morigaon, Assam in Title Execution Case No. 4 of 2003 whereby he rejected the prayer of the rival parties for recording the compromise arrived at by them.2. The petitioner herein along with others had instituted Title Suit No. 3 of 1999 against the respondent No. 1 for declaration of their rights and title to and confirmation of possession of the suit land covered by Dag No. 816 of Periodic Patta No. 29 under Gova Mouza, which they claim to possess by running a hotel under the name and style of 'Punjabi Hotel' since 1967. Similarly, the respondent No. 1 had also filed Title Suit No. 7 of 1999 against the petitioner and others for recovery of possession 16 Lechas of land forming a part of the suit land in Title Suit No. 3 of 1999, which was alleged to have been occupied by the petitioner. Title Suit No. 7 of 1999 was apparently decreed in favour of t...

Sanchita Saha Vs. State of Meghalaya and ors.

Court: Guwahati

Reported in: [2005(106)FLR714]

T. Vaiphei, J.1. This writ petition is directed against the order dated 15.12.2001 issued by the respondent No. 5 terminating the services of the petitioner from the post of Assistant Teacher of St. Anthony's Higher Secondary School, Shillong.Heard Mr. S. Chakraborty, the learned Counsel for the petitioner. Also heard Mr. N.D. Chullai, the learned Government Advocate appearing for the State-respondents and Mr. P.D.B. Barua, the learned Counsel appearing for the private respondents.2. The facts and circumstances of the case, as emerged from the pleadings of the parties, are that in response to the advertisement issued in the newspaper, the petitioner on 28.1.2000 applied for the post of Assistant Teacher in the St. Anthony's Higher Secondary School, was interviewed on 9.2.2000 and was thereafter duly selected for appointment to the said post. Following her appointment she joined the post on probation for a period of two years, which could be extended upto six months and again upto anoth...

P.R. Sumiyon Vijayraj Vs. Union of India (Uoi) and ors.

Court: Guwahati

A.H. Saikia, J. 1. Heard Mr. A.B. Choudhury, learned senior counsel assisted by Mr. N.C. Phukan and Ms. M. Gogoi, learned counsel for the petitioner. Also heard Mr. H. Rahman, learned senior C.G.S.C, appearing for the official respondents.2. The correctness and validity of the transfer order dated 12.11.2004, so far the petitioner is concerned, has been questioned in this writ petition. The order of transfer has been assailed basically on one ground stating that there was a clear violation of provision of law particularly Rule 14 of the Border Security Force (Tenure and Posting and Deputation) Rules, 2002 (hereinafter referred to as 'Rules',)3. Mr. Choudhury, learned senior counsel in course of his argument, in addition to the above ground so projected in the writ petition has also advanced one more ground contending that the impugned order has been passed mala fide and accordingly the same has been imposed upon the petitioner as a punitive measure. According to the learned senior cou...

Bidyut Bhusan Nath Vs. State of Assam and ors.

Court: Guwahati

I.A. Ansari, J.1. I have heard Mr. A.S. Choudhury, learned Counsel for the petitioner, and Mr. M. Choudhury, learned Counsel appearing on behalf of the State respondents. I have also heard Mr. U. Bhuyan, learned Counsel, appearing on behalf of the respondent No. 4.2. By making this application under Article 226 of the Constitution of India, the petitioner has approached this court seeking issuance of writ(s) to get, inter alia, the impugned order, dated 1.11.2002, passed by the respondent No. 2, namely, Director, Secondary Education, Assam, holding the respondent No. 4, namely, Sri Sreekant Goswami, as senior to the petitioner, set aside and for directions to the respondent-authorities concerned to treat the petitioner senior to the respondent No. 4 as Assistant Teacher in Swarna Lakshmi Higher Secondary School, (hereinafter referred to as 'SL HS school') and to let the petitioner hold the post of in-charge Principal of the said school.3. Briefly stated, the facts giving rise to the p...

Anil Saikia Vs. the State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. Heard Mr. M. Bhuyan, learned counsel appearing for the writ petitioner and Mr. R.K. Bora, learned Government Advocate, Assam appearing for the respondents.2. An order, dated 30.10.2002 of the Disciplinary Authority discharging the petitioner from service is the subject matter of challenge in the present writ application. To appreciate and understand the challenge made, a brief recital of the core facts will be called for.At the relevant point of time the petitioner was working as a Havildar in the 13th Assam Police Battalion. The petitioner had remained absent from duty without leave on 12.3.2002 and 13.3.2002 and had reported for duty on 14.3.2002. He was ordered to report to the Commandant of the Battalion and thereafter by order dated 19.3.2002 the petitioner was deputed for duty at the Battalion Headquarters at Lilabari in place of Kokila where he was earlier posted and attached to a platoon of the Battalion. The petitioner, once again, remained unauthorisedly a...

Harendra Nath Bhuyan Vs. State of Assam and ors.

Court: Guwahati

H.N. Sarma, J.1. By this application under Section 482 Cr.P.C. read with Article 227 of the Constitution of India the petitioner has challenged the legality and validity of the order dated 9.12.2004 passed by the learned Special Judge, Assam in Special Case No. 4(A)/2001, By the aforesaid order dated 9.12.2004 the learned Special Judge has rejected the prayer of the petitioner for dropping the case for want of proper sanction under Section 197 Cr.P.C. and Section 19 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act).2. I have heard Mr. P.G. Baruah, learned senior counsel appearing for the petitioner and Mr. K. Munir, learned Public Prosecutor, Assam appearing for the respondent.3. In course of argument Mr. P.G. Baruah, learned senior counsel, has mainly submitted that the sanction for prosecution to prosecute the accused petitioner issued vide order dated 17.8.1999 (Annexure-2 to the petition) is without proper application of mind. It has further been su...

Suren Das Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. By this writ application the petitioner who is presently serving as Chief Engineer, P.W.D (Border Roads) seeks to challenge the order date 15.5.2004 by which he has been placed under suspension in contemplation of a departmental proceeding. The ground assigned for placing the petitioner under suspension is his alleged indulgence in deliberate delay in execution of border roads and fence works on the Indo-Bangladesh border and thereby savotism of the efforts of the Govt. at the highest level for personal gain of the petitioner. According to the respondents the alleged deliberate delay on the part of the petitioner has jeopardized the reputation and interest of the State Govt. vis-a-vis the Central Govt. and that there is prima facie evidence to proceed against the petitioner.2. In response to the said order of suspension dated 15.5.2004, the petitioner made a request for withdrawal of the order of suspension by representation dated 17.5.2004 addressed to the Commissio...

Sirshik Tanti Vs. Amrit Patnayak @ Mitra and anr.

Court: Guwahati

H.N. Sarma, J.1. The challenge in this petition is the order of acquittal dated 20-2-1996 passed by the learned Sessions Judge, Dibrugarh in Session Case No. 74/95 acquitting the accused respondent from charges under Section 302 IPC. This petition has been filed by Sri Sirshik Tanti, who was the informant of the case and lodged the FIR (Ext-1). It has been wrongly registered as Criminal Appeal, in fact the present petitioner has no right to file the appeal against the acquittal and it is under provisions of Section 378 CrPC only State can file an appeal against the acquittal. Accordingly this appeal is treated as a revision against acquittal and is disposed of within the parameter of the court in deciding a revision against an order of acquittal.2. I have heard Mr. N N Saikia, learned senior advocate assisted by Ms. A Sinha. Also Heard Mr. G P Bhowmik, learned counsel appearing for the accused respondent and Mr. Munir, learned public prosecutor.3. The prosecution case, in brief, is a...

Tripura GramIn Bank Vs. Promode Chandra Nath and ors.

Court: Guwahati

A.B. Pal, J.1. This first appeal by the Tripura Gramin Bank is directed against the decree dated 3-2-1998 passed in T.S. (Mort.) No. 05 of 1993 prepared in pursuance of the judgment dated 27-9-1996 passed by the learned Civil Judge, Senior Division, Dharmanagar. The appellant further prayed for restoration of the preliminary decree dated 4-10-1996 prepared following the same judgment.2. The appellant Bank filed the suit for realization of Rs. 8,51,992. 90 p. from the defendant No. 1 Sri Promode Chandra Nath, the amount having been calculated as on 31-3-1993 against A/C No. TS(SSI) 1 (716) and CC A/C No. 18. The appellant after approving the application for loan of the defendant No. 2 sanctioned a term loan of Rs. 66,000 and a cash credit facility to the extent of Rs. 81,000 on 19-10-1981 the total amount being Rs. 1,47,000. Along with the plaint, the appellant annexed the details of the two A/Cs starting from 17-11-1981 in respect of A/C No. TL(SSI) 1/716 and 11-11-1981 in respect of ...

Hari Charan Deka and ors. Vs. State of Assam and ors.

Court: Guwahati

B.P. Katakey, J.1. The present case relates to the extent of control of High Court, under Article 229 of the Constitution of India, insofar as it relates to the condition of service of its officers and other staff including the Jamadars and revision of the scale of pay of such officers and the other staff of the High Court.2. The writ petitioners who are serving as Jamadar of this court have filed the present application seeking a writ of mandamus directing the State of Assam, respondent No. 1, to remove the anomalies regarding pay scale with effect from their date of joining as Jamadars.3. The brief facts leading to the filing of the present writ application is that the petitioners were appointed as Jamadar of this Court. Prior to the appointment of the petitioners, the pay scale attached to the post of Jamadar and Duftry was higher than that of the Barkandaj (driver). 'After the revision of pay in the year 1983, the pay scale of the Jamadar and Duftry was enhanced to Rs. 390/- as ba...