Guwahati Court March 2005 Judgments

Benathung Odyuo Vs. Union of India (Uoi) and ors.

Court: Guwahati

B. Lamare, J.1. Heard Mr. E.Y. Renthungo, learned Counsel for the petitioner and Mr. C. T. Jamir, learned Counsel for the respondents.2. The brief of the case in a short compass is that by a letter dated 15-6-1997, the petitioner was requested by the respondents to supply one bus on hire basis with 42 sitting capacity. Pursuant to this letter, the petitioner purchased one Bus bearing Registration No. NL-05-B 0213. On supply of the said bus, an agreement dated 1st November, 1997 was executed between the petitioner and the respondents for a period of 3 (three) years from the date of execution of the agreement. The said agreement was, further extended for another period of 3 years w.e.f. 1-11-2000. By another letter dated 25-7-99, the respondents requested the petitioner to supply another Deluxe Bus on hire basis with 42 sitting capacity. On the request of the respondents, another bus was supplied to the respondents and an agreement dated 22-11-99 was executed between the petitioner and ...

Oil and Natural Gas Corporation Ltd. Vs. Union of India (Uoi) and ors.

Court: Guwahati

Ranjan Gogoi, J.1. An order dated October 28, 1998, passed by the respondent No. 2 on behalf of the respondent No. 1, refusing to refer to adjudication what the petitioner Association perceives to be a subsisting industrial dispute, has been put to challenge by means of the present writ application. The case has a somewhat chequered history and therefore an enumeration of the essential facts will be called for at the outset. The petitioner claims to represent a total number of 223 contingent workers, a list of which workers has been enclosed to the writ petition. According to the petitioner Association, the persons at serial No. 1 to 115 of the list enclosed had been working as contingent workers in the ONGC continuously since the year 1994 whereas the persons mentioned at serial No. 116 to 223 of the list have been engaged for varying periods of 7 to 9 months in a year since the year 1990. According to the petitioner Association, the members on whose behalf the writ petition has been...

Nandibrata Tripura Vs. Branch Manager, United India Insurance Co. Ltd. ...

Court: Guwahati

A.B. Pal, J.1. Heard Mr. B. Das, the learned senior counsel assisted by Mr. M.L. Saha, learned counsel for the appellant and Mr. P. Gautam, learned counsel appearing on behalf of the respondent United India Insurance Co. Ltd.2. The aforesaid two appeals have been filed by the appellant who lost his wife and child in the same motor accident. He filed two claim cases before Motor Accidents Claims Tribunal (in short, 'the Tribunal') which were registered as T.S. No. 77 (M.A.C.) of 1998 and T.S. No. 81 (M.A.C.) of 1998. Both the claim cases have been disposed of by learned Tribunal by a single judgment on 28.7.2000. These two appeals having been directed against the same impugned judgment are taken up together for final disposal by a single judgment.3. The material facts leading to the claim cases, inter alia, are that on 6.2.1998, the wife of the appellant, Sukanya Tripura and their son, Sagaria Tripura, were travelling by truck No. TR 03-1516, which was carrying certain goods of Food De...

Charan Machahary Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. A learned Single Judge of this Court having negatived the challenge made by the present appellant, as the writ petitioner, as against, a resale notice dated 4.9.2004 published in the newspaper on 17.9.2004 in respect of the Khagrabari Sand and Stone Mahal (hereinafter referred to as 'the Mahal'), the present appeal has been Bed.2. Tile brief fact's that would be necessary for us to effectively adjudicate the rival projections, may be set out as hereunder:The term of the previous lessee of the Mahal, one Monojit Goswami, being due to expire on 11.2.2004, a sale notice dated 27.1.2004 was issued under Rule 4 of the Assam Sale of Forest Produce, Coupes and Mahal Rules, 1977 (hereinafter referred to as 'the Rules') fixing 27.2.2004 as the last date for submission of tenders for a fresh term of 2 years. The previous lessee, who had filed an application, for extension of his lease, aggrieved by the issuance of the sale notice dated 27.1.2004, instituted a wit proceeding b...

Shillong Municipal Board and anr. Vs. Latiplang Kharkongor and ors.

Court: Guwahati

1. The Shillong Municipal Board (hereinafter referred to as 'the Board') issued Notice Inviting Tender (in short 'NIT') dated 20.02.2003, for collection of toll gates/parking fees in respect of Mawiong Toll Gate and 3rd Mile Toll Gate for a period of one year from the date of issue of the work order(s). The minimum tender in respect of Mawiong Toll Gate being Rupees 65 lakhs and in respect of 3rd Mile Toll Gate being Rupees 10 lakhs. The respondent nos. 2 and 4, namely, Shri Latiplang Kharkongor and Shri Manbha Rani submitted their tenders along with four others for the 3rd Mile Toll Gate. The remaining respondents were tenderers in respect of Mawiong Toll Gate. In the NIT dated 20.02.2003, aforementioned, one of the conditions was that the earnest money of 10% of 65 lakhs and 10% of 10 lakhs for Mawiong Toll Gate and 3rd Mile Toll Gate respectively must be deposited by the tenderer. The respondents herein submitted the requisite earnest money along with their respective tender papers...

Bahnisikha Chakma Vs. State of Tripura and ors.

Court: Guwahati

A.B. Pal, J.1. The petitioner is a woman Police Sub-Inspector since 18.8.1981 without a single promotion though she completed qualifying service of 8 years and passed the departmental examination which are essential pre-condition for becoming eligible to be considered for promotion to the post of Inspector of Police. Her grievance is that her junior male Sub-Inspector of Police like Ravi Charan Debbarma was promoted to the post of Inspector of Police on 16.3.1996 ignoring her case. She submitted representation on 25.11.1995 but she was informed by the respondent No. 2 that as there was no vacancy in the rank of Inspector of Police (Women) her representation could not be considered. She felt humiliated when she was placed under the junior officer who held higher post superseding her and this was a discrimination on the ground of sex violating the provision of the Constitution. Though the Recruitment Rules for Sub-Inspectors (Unarmed) notified on 18.2.1981 which are' only feeder posts f...

All Manipur Pensioners' Association and Anr. Vs. State of Manipur and ...

Court: Guwahati

T. Nandakumar Singh, J.1. Heard Mr. A. Nilmani Singh, learned senior counsel assisted by Mr. A. Bimol Singh, learned counsel appearing for the writ petitioners as well as Mr. R.S. Reisang, learned G.A. appearing for the respondents 1 and 2 and Mr. C. Kamal Singh, learned CGSC for respondent No. 3.2. The brief facts of the petitioner-association's case are that the Association called 'the All Manipur Pensioners' Association' is a society registered under the Societies Registration Act having the Regd. No. 1315/73. The petitioner association is a non-political, non-profit making and voluntary organisation, espousing the cause of old infirm pensioners. The petitioner-association filed the present writ petition for the benefit of those members who retired before 1.1.1996 (for short pre-1996 pensioners). The Central Civil Services (Pension) Rules, 1972 had been adopted and enforced by the State of Manipur with effect from 1.1.1977 vide notification No. 1/3/71/H-F dated 3.3.1977 under the ...

Gajen Talukdar and ors. Vs. Smt. Dipamoni Das

Court: Guwahati

A.H. Saikia, J.1. Heard Mr. P. P. Das, learned Counsel for the appellants. Also heard Mr. J.I. Borbhuyan, learned Counsel appearing for the respondent.2. The legality and correctness of the judgment dated 4-1-2000 passed by the learned District Judge, Nalbari in Misc. (J) Case No. 50/99 arising out of Succession Case No. 28/98 has been challenged in this appeal on the sole ground that the learned Judge misconstrued Section 383 of the Indian Succession Act, 1925 (for short, the 'Act') and revoked the Succession Certificate duly granted to the appellant contrary to the provisions of Section 383 of the Act.3. The factual matrix of the case as disclosed in the pleadings placed on record by the rival parties is that the appellant, the father of the deceased Dipen Talukdar who had an insurance policy for an amount of Rs. l.00.000/- in his name and on being shot dead by some miscreants on 19-8-97, approached the learned District Judge, Nalbari in Succession Certificate Case No. 28/98 on 29-4...

Shri Kamal Kumar Sharma Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J. 1. The writ petitioner/who is a dealer registered under the provisions of the Assam General Sales Tax Act, 1993 (hereinafter referred to as 'the Act') in course of his normal business of sale and supply of 'supari' had sent a total of 320 bags of 'supari' on March 7, 2003 to its consignment agents in Rajasthan by truck No. RJ-07G-4874. The aforesaid goods while in transit were seized by the Inspector of Taxes of Barpeta Road and as it would be evident from the seizure memo dated March 17, 2003 the grounds of seizure were stated as follows : 1. The dealer was carrying by truck No. RJ-07G-4874 Assam chikni 'supari' which costs Rs. 60 per kg. on average whereas, he has shown the same as Assam 'supari' in his Bill Nos. 20, 21, 19 dated March 17, 2003 showing the cost at Rs. 12.52 per kg. on average such goods are under-valuation.2. The dealer claimed that the dispatch note was not compulsory as per judgment given by the honourable Gauhati High Court in which case the ro...

Abhijit Ghosh Vs. State of Tripura and ors.

Court: Guwahati

Reported in: [2005(107)FLR785]

R.B. Misra, J.1. None appears for the petitioner. Heard Mr. U.B. Saha, learned Government Advocate assisted by Mr. J. Majumder, learned Counsel for the respondents.2. Record has been perused.3. The petitioner vide order dated 15th November, 1990 of the Deputy Secretary to the Government of Tripura was appointed as Dental Surgeon in the Department of Health & Family Welfare Department on ad-hoc basis for a period of six months with effect from 4.9.1990 with certain condition indicated in the appointment order. By Order dated 22nd February, 1993 passed by the Joints Secretary to the Government of Tripura the petitioner's service was terminated under the proviso to sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 with the payment of sum equivalent to the amount of his pay plus allowances for one month in lieu of one month's notice thereof.4. Counter affidavit has been filed by the respondents which indicates that the petitioner had also submitted a forg...