Guwahati Court April 2005 Judgments
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Hongam Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Apr-29-2005
B.K. Sharma, J.1. The petitioner in the instant writ petition filed in 1997 has assailed the legality of an order issued way back in 1984 (April 30, 1984) by which his service was terminated as per the provisions of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965.2. Shortly stated the facts leading to the filing of the instant writ petition are that the petitioner was temporarily appointed as Lambus by an order dated May 5, 1980 pursuant to recommendation of the DPC. However, his service was terminated by the impugned notice dated April 30, 1984 (Annexure-4), as per the provisions of Sub-rule (1) of Rule 5 of the aforesaid Rules of 1965. By the said notice it was intimated that his service would stand terminated with effect from the date of expiry of a period of one month from the date of serving the notice on him.3. The petitioner made time to time representations starting from May 8, 1984 to November 24, 1995 i.e. for long 11 years and eventually having failed t...
Tirtha Nath Das Vs. State of Assam
Court: Guwahati
Decided on: Apr-28-2005
A.H. Saikia, J.1. Heard Mr. M. Choudhury, learned senior counsel, assisted by Mr. D. Talukdar and Mr. N. Ahmed, learned counsel appearing for the appellant. Also heard Mr. K. Monir, learned PP, Assam.2. This criminal appeal has been directed against the judgment and order dated 26.11.1996 passed by the learned Special Judge, Assam in Special Case No. 25(A) of 1990 convicting the appellant under Section 7 of the Prevention of Corruption Act, 1988 (for short the 'Act') and consequently sentencing him to undergo simple imprisonment for six months and to pay fine of Rs. 500 only, in default of payment of fine to further imprisonment for ten days.3. The brief facts of the prosecution case are that the appellant while working as Record Assistant in the record room in the establishment of Deputy Commissioner, Barpeta, on 13.2.1989, P.W. 2, Abhay Kumar Bothra and P.W. 3, Ganesh Ch. Das went to the record room to make a request to the appellant to send the case records to the court. The appell...
Biswanath Debbarma Vs. Sumitra Debbarma
Court: Guwahati
Decided on: Apr-28-2005
I.A. Ansari, J.1. This criminal revision under Section 397/401 Cr.P.C. is directed against the order, dated 22.12.2004, passed by the learned Judge, Family Court, Agartala, Tripura West, in Misc. Case No. 37 of 2004, whereby the present petitioner, as the second party in the proceeding, has been directed to pay, in all, Rs. 3,000 to the opposite party herein and their minor female child as maintenance allowance @ Rs. 1,500 each per month and the authorities concerned have been directed to deduct every month the said maintenance allowance from the salary of the petitioner-second party and remit the same by money order to the first party-opposite party herein.2. Heard Mr. S. Deb, learned counsel appearing for the petitioner, and Mr. S. Saha, learned counsel for the opposite party.3. The order, dated 22.12.2004, aforementioned has been challenged on the ground that the same is in violation of provisions of Section 17 of the Family Courts Act, 1984, and also contrary to the provisions con...
Smt. Jhunu Das Vs. Smt. Purnima Debnath (Bhowmik) and anr.
Court: Guwahati
Decided on: Apr-28-2005
1. The respondents herein filed the Title suit No. 5 of 2004 in the Court of Civil Judge, Jr. Division, West Tripura, Agartala against the petitioner herein for specific performance of contract for sale of homestead land of the petitioner. After receiving summon from the Court the petitioner who is a lonely lady aged more than 70 years and suffering from cancer could realize that the respondents by fraud obtained her signature on the agreement for sale which she believed to be an agreement for tenancy.2. The respondents being husband and wife looked after the petitioner and in due course attained her trust. They approached her to enter into an agreement of tenancy of constructing a building and believing them she executed the agreement which was for sale. Shocked as she was, she filed a writ ten statement in the said suit and along with it she filed a written counter claim under Order VIII, Rule 6 A CPC for a decree quashing the agreement dated 28-11-2003 which was the result of fraud...
Rakhal Chandra Sarkar Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-28-2005
I.A. Ansari, J.1. Heard Mr. A. L. Saha, learned counsel appearing on behalf of the petitioner and Mr. T. D Mazumder, learned counsel appearing on behalf of the respondent.2. By making this writ application under Article 226 of the Constitution, the writ petitioner, who while working, at the relevant time, as a Cook-cum-Attendant-cum-Chowkidar at Gomati Forest Division under the Department of Forest, Government of Tripura, was removed from service, has challenged the order, dated 10.3.2003, issued by respondent No. 3, namely, the Principal Chief Conservator of Forests, Government of Tripura.3. This writ petition has a history. The petitioner was departmentally proceeded against on two charges and the departmental proceeding ended with an order, dated 20.5.1998, passed by the respondent No. 3, whereby the respondent No. 3, as the disciplinary authority, concurred with the findings of guilt reached by the Enquiry Officer and imposed the penalty of removal from service on the petitioner. ...
Narayan Debnath and anr. Vs. Sukumar Roy and ors.
Court: Guwahati
Decided on: Apr-27-2005
I.A. Ansari, J. 1. This is an appeal made under Section 173 of the Motor Vehicles Act, 1973, against the judgment and award, dated 30.5.1998, passed in TS (MAC) No. 176/1994, by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, awarding a sum of Rs. 50,000 only as compensation to the claimants, who are parents of deceased Nemai Debnath, who died in a motor vehicular accident, on 29.7.1994, at the age of 6 years. Challenging the compensation awarded as inadequate, the appellants have preferred this appeal.2. We have heard Mr. A.C. Bhowmick, learned counsel for the appellants, and Mr. A Gonchoudhury, learned counsel for the insurer-respondent.3. The limited question, which has been raised in this appeal, is the quantum of compensation, which should have had been awarded to the claimants-appellants. In Oriental Insurance Co. Ltd. v. Shri Josua Halam and Ors., decided on 9.2.2005, a Division Bench of this Court (to which one of us, A.B. Pal, J, was a party), whil...
Dr. Jiten Barkakoti Vs. Subrata Patangia and anr.
Court: Guwahati
Decided on: Apr-26-2005
P.G. Agarwal, J.1. Heard Mr. J.M. Choudhury, learned Sr. Counsel, assisted by Mr. D. Talukdar, for the petitioner and Mr. K. Agarwal, learned counsel appearing for the respondent-complainant.2. The complainant, Shri Subrata Patangia, filed a written complaint stating, inter alia, that the petitioner, Dr. Jiten Barkakopty, who is a Medical Practitioner of Tezpur Town, had issued a cheque, bearing No. 165072 dt. 4-1-2000, for Rs. 40,000/-. The cheque was drawn in favour of the State Bank of India, Tezpur Bazar (Evening Branch) and it was a self-cheque and was handed-over to the complainant for withdrawal. The complainant deposited the said cheque in his bank account No. 50/19694 but the said cheque was returned unpaid. On receipt of the rejection memo, the complainant served a notice through his advocate on 16-12-2000 but in spite of the receipt of the statutory notice, the drawer of the cheque, Dr. Jiten Barkakoty, petitioner in this revision, did not arrange to make the payment. The p...
Hrangthanmawii Vs. Lai Autonomous District Council and ors.
Court: Guwahati
Decided on: Apr-26-2005
T. Vaiphei, J.1. In this writ petition, the petitioner prays for quashing the orders promoting the respondent Nos. 4 and 5 to the posts of Assistant Education Officer in the Office of the Lai Autonomous District Council, Mizoram and for directing the respondents-Council to 'remote her to the said post w.e.f 10.4.2002.2. To appreciate the controversy involved in the writ petition, the material facts of the case may be noticed at the very outset. The petitioner was appointed as Circle Education Officer (CEO) (Middle Section) in the Education Department of the Lai Autonomous District council (LADC), which is one of the Autonomous District Council in the State of Mizoram vide the office order dated 10.5.1994. The respondent No. 4 was appointed to the same post in the same year in terms of the office order dated 8.8.1994. Both the petitioner and the said respondent were confirmed to their respective posts w.e.f 12.5.1996 and 2.8.1996 respectively.3. On learning that one post of Assistant ...
Dari Kanu Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Apr-26-2005
H.N. Sarma, J.1. This batch of writ petition contains similar facts and has been filed praying for similar relief. Accordingly, these are disposed analogously.2. I have heard Mr. A Dasgupta, learned Counsel for the petitioners and Mr. B L Singh, learned Sr. Govt. Advocate on behalf of the respondents.3. The relevant facts necessary for disposal of this writ petition are summarised bellow:The petitioner in WP (C) No. 44 (AP) 2005 is serving as Draftsman Gr. II, the petitioners in WP(C) No. 45 (AP) 2005 are serving as W/C Wireman and UDA respectively, whereas the petitioners WP(C) No. 46 (AP) 2005 are serving as Draftsman Gr. III and Sr. Mechanic respectively under the respondents-State. The Govt. of Arunachal Pradesh having published an advertisement on 6.2.1997 for appointment to the post of Jr. Engineers in (1) Electrical, (2) Mechanical, (3) Electronics, and (4) Computer, which falls under the Group 'C' posts, in the Department of Power, the petitioners having possessed necessary qu...
United India Insurance Co. Ltd. Vs. Kawlthangpuii and anr.
Court: Guwahati
Decided on: Apr-21-2005
B.P. Katakey, J.1. This three appeals by the insurance company are against 3(three) judgments and awards passed by the learned Motor accident claims tribunal in MACT Case No. 36/04, 41/04 and 58/04, arising out of the same motor accident occurred on 25/4/03 involving the Motor Vehicle No. MZ-01/A-5405(Truck) belonging to the opposite party No. 2 and as such are taken up together for disposal.2. The facts leading to the filing of the aforesaid claim cases before the learned tribunals is that a motor accident was occurred on 25.4.2003 involving motor vehicle bearing Registration No. MZ-01-A/5405 (Truck) belonging to the respondent No. 2 in all the appeals. The said vehicle was driven by Mr. Lalrinzuala, who was the son of the claimant in MACT case No. 38/04 and as a result of said accident Lalrinzuala died. In the said vehicle Petea son of the claimant in MACT case No. 41/04 and Thantluanga, father of the claimant in MACT Case No. 58/04 were traveling also died. The dependents of the de...
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