Guwahati Court March 2005 Judgments
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Zarzoliani Vs. Secretary to the Government of Mizoram, School Educatio ...
Court: Guwahati
Decided on: Mar-03-2005
B.P. Katakey, J. 1. The petitioner by this present writ petition has challenged the order of termination dated 3.11.2002 (Annexure 26) issued by the Secretary, Mizoram Board of School Education cancelling the order of appointment as Computer Operator.2. I have heard Mr. Raju, learned counsel for the petitioner, Mr. Lalramzauva, the learned counsel for the respondent Nos. 3 and 4 and also Mr. N. Sailo, learned State counsel for respondent Nos. 1 and 2.3. The facts leading to the filing of the present writ petition is that there was a selection for appointment to the post of Computer Operator on 21.7.1999 wherein 10 persons including the present writ petitioner were interviewed. The selection committee on the basis of the said interview selected one Shri Lalremsiama against the said post and prepared await list wherein the name of the present writ petitioner appeared at serial No. 1. It was stipulated in the said Selection Committee proceeding that the said Wait list was prepared in the...
Smt. Kausalya Barua and ors. Vs. Brahmaputra Construction Ltd. and ors ...
Court: Guwahati
Decided on: Mar-03-2005
A.M. Saikia, J.1. The Title Suit being T.S. No. 10/04 along with an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908 (in short, 'C.P.C.') being registered as Misc. (J) Case No. 4/04 was instituted by the appellants as plaintiffs against the respondents arraying them as party defendants for a decree of declaration of their right, title and interest as well as possession over the suit land with a further prayer for a decree for cancellation of a Sale Deed No. 9109 dated 1-11-03 which was allegedly executed illegally and fraudulently by the defendants/Respondents Nos. 2 to 13 in favour of the defendant/respondent No. 1. Initially, the learned trial Court, on the application seeking temporary injunction, issuing notice upon the respondents, passed, as an interim measure, the order of status quo in favour of the appellants on 30-1-04. After the appearance of the parties i.e., the respondents by filing written objection and upon hearing the learned Counsel repr...
RabIn Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-03-2005
R.B. Mishra, J.1. Heard Mr. R. C. Saikia, learned counsel for the petitioner and Ms. B. Chakraborty, learned counsel for the Respondent No. 5 and also Mr. K. C. Mahanta, learned Standing counsel, Government of Assam.2. The question of considering the prayer for quashing the order dated 16.8.2003 (Annexure-9 to the writ petition) whereby the settlement of fisheries-business for 5 years i.e. from 1.4.2003 to 31.3.2008 was made in favour of respondents in terms of the provisions of Rule 12 of the Assam Fisheries Rules, 1953 (in short called Rules hereinafter) in favour of an individual or in favour of 'Society' constituting members of 100% fisherman community of neighbouring area. It appears that the petitioner for his Society along with others came forward with their claims and the reports in respect of the antecedent's financial condition and their eligibility of participants were considered. The petitioner was initially indicated to be financially not sound, however, said remark was s...
Manoj Kanti Sengupta Vs. Smt. Gita Sengupta and anr.
Court: Guwahati
Decided on: Mar-02-2005
A.B. Pal, J.1. In above four writ petitions, the petitioner and the main respondent being same and the same order dated 19-3-2003 of the Civil Judge, Senior Division, West Tripura, Agartala in Title Suit Nos. 59/01, 60/01, 61/01 and 62/01 having been assailed, I have taken up all these cases for disposal by single judgment.2. The plaintiff petitioner filed the aforesaid suits on 9-7-2001 in the Court of Civil Judge, Senior Division, West Tripura, Agartala and on 13-8-2002, issues were framed. The plaintiff petitioner did not file list of witnesses and did not annex the list of documents upon which he proposed to rely as required under Rule 14 of Order VII of the Code of Civil Procedure. The case was fixed for peremptory hearing on 31-8-2002, but on that date, the plaintiff petitioner had taken adjournment. The next date was 18-11-2002, but on that date also he sought adjournment and submitted a prayer to call for certain records. The prayer was disposed of on 21-1-2003 partly rejectin...
Zulfiquar Ali Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-02-2005
R.B. Misra, J.1. Heard Mr. D. Das, learned counsel for the petitioner and Mr. B. C. Pathak learned counsel for the respondents.2. The petitioner one of the tenderers has prayed to quash the latter dated 4.9.2000 (Annexure-4) rejecting the tender dated 14.8.2000 and has sought permission to collect the materials mentioned in the Notice Inviting Tender (for short 'NIT') on payment quoted by him with further prayer for restraining the respondents from re-tendering the materials mentioned in the lender.3. The facts necessary for adjudication of the writ petition are that the petitioner carries contractual business under the name and style of M/S Techno Compact Builders, had submitted tender along with two others in reference to NIT widely published bearing No. T-100/Tender/CTO/2000-01/1 dated 14.8.2000 (Annexure-1) invited in sealed cover for disposal of unserviceable scrapped materials on 'as is where is basis' lying at places mentioned in the table stated in the NIT. The NIT further st...
The State of Tripura and ors. Vs. Smt. Swapna Chakraborty and anr.
Court: Guwahati
Decided on: Mar-01-2005
A.B. Pal, J. 1. The above appeal and the cross-objection are directed against the judgment dated 31-7-1996 passed by District Judge, West Tripura, Agartala in Title Suit (FA) No. 3 of 1994 whereby an award of Rs. 82,380/- was made in favour of the claimant cross-objectors against their claim of Rs. 17,04,000/- on account of death of Nirapada Chakraborty, their predecessor in interest by electrocution on 5-9-1990. The respondents-cross-objectors being the wife and mother of the deceased being aggrieved filed cross-objection for enhancement of the award. The State of Tripura and four others being officials of the Department of Power preferred the appeal against the said award on ground of jurisdiction and maintainability.2. The short fact relevant for disposal of these two cases is that Nirapada Chakraborty, aged about 31 years went to his field on 5-9-1990, came in contact with a snapped live wire drawn from main power line and died instantaneously. The allegation is that a loose wire ...
Chakreswar Kalita Vs. Bimala Kachari and ors.
Court: Guwahati
Decided on: Mar-01-2005
D. Biswas, J.1. This appeal arises out of an award dated 22nd June, 2001 parsed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No. 125/99 settling the claim of compensation at Rs. 7,75,000 to be paid by the owner (Appellant herein) of the offending vehicle with interest @ 9% per annum from the date of filing the claim petition.2. Being aggrieved thereby, the owner has preferred this appeal. The facts of the case in a narrow compass are recapitulated herein below : -3. The husband of the claimant was on his way to Dergaon m a Truck bearing Registration No. AS-14/4343 on 6.10.1999. It met with an accident at Bohora Bazar over National Highway-37 in the District of Golaghat, as a result of which, her husband succumbed to the injuries. Thereafter, the claimant filed the claim petition for a compensation of Rs. 4,86,000. The learned Tribunal, after conclusion of the trial, settled the compensation amount as stated above with direction to the appellant owner to ...
State of Tripura and ors. Vs. Swapna Chakraborty and anr.
Court: Guwahati
Decided on: Mar-01-2005
A.B. Pal, J.1. The above appeal and the cross-objection are directed against the judgment dated 31.7.1996 passed by District Judge, West Tripura, Agartala in Title Suit (F.A.) No. 3 of 1994 whereby ah award of Rs. 82,380 was made in favour of the claimant-cross-objectors against their claim of Rs. 17,04,000 on account of death of Nirapada Chakraborty, their predecessor in interest by electrocution on 5.9.1990. The respondents-cross-objectors being the wife and mother of the deceased being aggrieved filed cross-objection for enhancement of the award. The State of Tripura and four others being officials of the Department of Power preferred the appeal against the said award on ground of jurisdiction and maintainability.2. The short fact relevant for disposal of these two cases is that Nirapada Chakraborty, aged about 31 years, went to his field on 5.9.1990, came in contact with a snapped live wire drawn from main power line and died instantaneously. The allegation is that a loose wire f...
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