Guwahati Court December 2005 Judgments
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Mukut Ch. Borah Vs. Shafiqur Rahman Choudhury and ors.
Court: Guwahati
Decided on: Dec-23-2005
D. Biswas, J.1. The appellant herein, who was the respondent No. 6 in the W.P.(C) No. 93 of 2003, has assailed the legality and validity of the impugned judgment and order dated 30.8.2005 passed by the learned Single Judge ruling, inter alia, that the appellant has no legal right to hold the post of Head Assistant by virtue of the order passed by the Municipal Board by way of review recalling the order of compulsory retirement as the powers of review are not available to the Board under the provisions of the Assam Municipal Act, 1956.2. The appellant was working as Head Assistant of Nagaon Municipal Board. He was placed under suspension by the Executive Officer by an order passed on 24.4.1997. Thereafter, by the order dated 17.6.1997, the Executive Officer of the Board compulsorily retired him from service. The order of compulsory retirement reads as follows:Perused all the service records and other relevant records relating to the service of Shri Mukut Chandra Bora, Head Asstt. (unde...
Nagaland Doctors Association Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Dec-20-2005
D. Biswas, J.1. The Government of Nagaland signed a Memorandum of Understanding dated 25th January, 2005 with Emmanuel Hospital Association, New Delhi for the purpose of revitalizing and upgrading the Referral Hospital at Dimapur on terms and conditions incorporated therein which, inter alia, provide that the conduct and the business and affairs would be looked after by a Society to be registered as Christ Institute of Health Sciences and Research. The salient features provide for registration of the Society under the Societies Registration Act which will have a General Body and a Board of Directors to manage the affairs of the Society as per Articles of Association and By-laws. The cost of the project estimated at Rs. 4,012.92 lakh would be provided by the Government of Nagaland along with the land and buildings of the Referral Hospital to the Emmanuel Hospital Association. The Government of India in the Ministry of DONER also agreed to assist the project by providing fund to the ext...
Shri Yogesh Shah and ors. Vs. Smt. Dharmeswari Devi Alias Dharmeswari ...
Court: Guwahati
Decided on: Dec-20-2005
I.A. Ansari, J.1. The present writ, petitioners instituted, as plaintiffs, Title Suit No. 91 / 97, in the Court of the Civil Judge (Senior Division), No. 2, Kamrup, Guwahati, seeking declaration of their rights, title and interest over the suit property and recovery of possession thereof by evicting the defendant-respondent herein from the suit property. By the judgment and order, dated 24-12-2003, the said suit was decreed in favour of the plaintiffs-petitioners. The decree, so granted, came to be challenged by the defendant-respondent herein, as appellant, in Title Appeal No. 1/2004. When the appeal came up for hearing on 27-9-2004, the counsel for the defendant-respondent was found absent. The appeal was, therefore, dismissed for default on 27-9-94.2. A petition seeking re-admission of the appeal was made by the defendant respondent herein on 12-4-2004. Pending disposal of the petition for re-admission of the appeal, which had been filed by the defendant, the decree, in question, w...
State of Manipur and ors. Vs. Moirangthem Chaoba Singh
Court: Guwahati
Decided on: Dec-20-2005
B. Sudershan Reddy, C.J.1. The core question that falls for our consideration is as to whether a writ petition under Article 226 of the Constitution of India is maintainable to resolve the dispute arising out of concluded commercial contractual obligations between a citizen and the State or its instrumentalities even in cases where the extract itself provides for the forum to resolve the dispute.2. Shorn of all the details, all the respondent-writ petitioners have entered into agreements for execution of different contract works for the Government of Manipur, it is not necessary to note the details as regards the nature of the contractual work undertaken by them with various departments of Government of Manipur. Suffices to note that the parties have voluntarily entered into the contracts and the terms and conditions have been reduced into writing by duly incorporating the same into agreements.3. The respondent-writ petitioners claimed that they have completed and executed the works a...
Mumtaz Rana Laskar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-20-2005
B. Sudershan Reddy, C.J.1. These three writ appeals are required to be disposed of by a common order since the question that falls for our consideration in all of them being the same.2. The core question is as to whether the procedure prescribed as to the time frame under Section 15(1) of the Assam Panchayat Act, 1994 (for short 'the Act') in the matter of no confidence motion against the President and the Vice-President is a mandatory or directory in its nature.FACTUAL MATRIX3. In order to decide the said question it may be just and necessary to briefly notice the relevant facts. In Writ Appeal No. 280/2005 the appellant/writ petitioner was the elected President of Matijuri Paikan Gaon Panchayat which has the total strength often elected members. That, out of the total strength often elected members eight members of the said Gaon Panchayat served a requisition notice on 3.8.2004 requiring the Secretary of the Panchayat to convene a special meeting to consider resolution expressing wa...
Rina Dey Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-17-2005
I.A. Ansari, J.1. I have heard Mr. S. Talapatra, learned senior advocate, for the petitioner, and Mr. T.D. Majumder, learned Government Advocate, appearing on behalf of the State respondents.2. The petitioner herein, who has been serving the Government of Tripura as a school mother and falls in the category of Group 'D' employees under the Department of Social Welfare and Social Education Department, became a patient of heart disease. On examining the petitioner, the Standing Medical Board of GBP Hospital, Agartala, referred the petitioner to SSKM Hospital, Kolkata, for ASD Closure. The SSKM Hospital, Kolkata, is a hospital, which is recognized by the State Government for obtaining treatment for Government employees, who are referred for treatment outside the State. Though the petitioner reported to SSKM Hospital, Kolkata, on 20.5.2004, for requisite treatment, the said hospital gave 20.7.2004 as the tentative date for her admission. While the petitioner was planning to come back to ...
Hadir Nilufar Khalil Vs. Jalalur Rahman
Court: Guwahati
Decided on: Dec-15-2005
H.N. Sarma, J.1. The rejection of the plaint in title suit No. 13/99 vide order dated 16.3.2001 by the learned Civil Judge, Senior Division, Golaghat and or dismissal of the suit has resulted into this First Appeal. The plaintiff appellant filed the aforesaid title suit in the Court the Civil Judge, Sr. Division, Golaghat on 28.7.1999 prayer for:1. Declaring the right title and interest of the plaintiff over the land and the houses as shown in schedule 'C' to the plaint;2. Directing the defendant by any order of mandatory injunction to pull down and remove the wall raised on the passage within the land in the schedule 'C' to the plaint;3. For eviction of the defendant and his persons from the land and its house bearing holding No. 91 as shown in the schedule 'D' to the plaint;4. Granting temporary injunction restraining the defendant, his agents, workmen and any other person/persons in his behalf from raising any further constructions and from disrupting the electric connection of the...
Kshetrimayum Prakash Singh Alias Paka Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Dec-15-2005
T. Nandakumar Singh, J.1. The Framers of the Constitution, being aware that preventive detention involves a serious encroachment on the right to personal liberty, took care to incorporate, in Clauses (4) and (5) of Article 22 of the Constitution of India, certain minimum safeguards for the protection of persons sought to be preventively detained. These safeguards are required to be zealously watched and enforced by the Court. A constitutional protection is given to the detenu which mandates the grant of liberty to the detenu to make a representation against detention, as imperated in Article 22(5) of the Constitution and it also mandates the authority to whom the representation is addressed to deal with the same with utmost expectation inasmuch as personal liberty granted under Article 21 of the Constitution is so sacrosanct and so high in the scale of the constitutional value. Infringement of the constitutional rights conferred under Article 22(5) invalidates detention order.2. The P...
Samar Krishna Saha Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-14-2005
I.A. Ansari, J. 1. Heard Mr. D.K. Biswas, learned Counsel for the petitioner and Mr. U.B. Saha, learned Senior Government Advocate, assisted by Mr. D.C. Nath, learned State counsel appearing on behalf of the respondents.2. The case of the writ petitioner may in brief state, thus :The petitioner's father, Sachindra Chandra Saha (since deceased), owned some landed properties at Ishanchandranagar, Mouza Madhupur, West Tripura District. The petitioner's father died, on 15.1.2003, bequeathing his landed properties, by way of registered will, in favour of the petitioner, who is the youngest son of the said deceased. The petitioner, then, applied, on 23.3.2003, to the Tehshilder, Suryamani Nagar/Tehshil Kachari, under Section 46 of the Tripura Land Revenue and Land Reforms Act, 1960 (for short, the T.L.R. & LR. Act) for mutation of the said land in his name as sole successor to the said property left by his father. Based on the petitioner's application, MR Case No. 31 of 2003, was registered...
Hemodhar Gogoi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-14-2005
B.P. Katakey, J.1. This appeal is directed against the order dated 16.12.1998 passed by the learned Single Judge in Civil Rule No. 6360/98, dismissing the writ petition filed by the petitioner/appellant with an observation that the petitioner/appellant may approach the learned civil court, having competent jurisdiction, to prove negligence of the respondents and to claim damages.2. The facts leading to the filing of the present appeal is that, a writ petition being Civil Rule No. 6360/98 was filed by the petitioner/appellant praying for directing the respondents to refund an amount of Rs. 9,53,500 belonging to him with interest at the rate of 18% per annum, alleging that the petitioner/appellant who is a licensee of Indian made Foreign Liquor under the Government of Assam and running the said shop at Duliajan was picked up by the Army Personnel from Duliajan Army Camp led by Major Mohendra, respondent No. 4, without any rhyme or reason and tortured him inhumanely in the Army Camp, tha...
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