Guwahati Court April 2005 Judgments

Pu BenjamIn Lalrinawma Vs. State of Mizoram and ors.

Court: Guwahati

B.P. Katakey, J.1. The writ petitioner. Proprietor of M/s. Musicatto has filed the present writ petition challenging the report of the technical-committee (Annx. - F to the writ petition) recommending that the tenders submitted by Musicatto is invalid and for directing the respondents to ignore/waive the minor/trivial/deviations, if necessary by allowing the petitioner to correct the same and to consider their rates before finalizing the tender process.2. The brief fact leading to filing of the present writ petition is that the Secretary Government of Mizoram, Education and Human Resource Development (School Education) issued a tender notice dated 14.11.2003 inviting tender from reputed and bona fide manufacturer or authorized dealers for the supply of Laboratory Equipments and Chemical Apparatus for Higher Secondary and Government High School during 2003-04 fixing 8.1.2004 up to 12.30 PM as the last date and time for submission of the tender and 1 p.m. of the same date for opening of...

Md. Abu Taleb Ali Vs. Mst. Hasina Bibi

Court: Guwahati

B.P. Katakey, J.1. Heard Mr. M.A. Sheikh, learned Counsel for the petitioner.2. This application by the petitioner husband under Section 482 read with Section 401 of the Criminal Procedure Code is directed against the order dated 11.2.2005 passed by the learned Sessions Judge, Dhubri in CR Case No. 19(3)/04 dismissing the revision petition filed by the husband revision petitioner challenging the order dated 30.7.2004 passed by the Judicial Magistrate, 1st Class, Dhubri in Misc. Case No. 148/2002 awarding maintenance of Rs. 700 per month for the wife (present opposite party) and Rs. 450 per month for the minor son with effect from the date of filing of the application under Section 125 Cr.P.C, i.e., 2.5.2002.3. An application under Section 125 of the Criminal Procedure Code was filed by the present opposite party Musstt. Hasina Bibi against the present the petitioner claiming maintenance at the rate of Rs. 500 per month for herself and at the rate of Rs. 400 per month for first son, Rs...

Kushum Lata Kala Vs. Kumari Parul Saha

Court: Guwahati

A.M. Saikia, J.1. This revision petition has been filed against the judgment and decree dated 7.8.2001 passed by learned Civil Judge (Sr. Divn.), Dhubri in T.A. No. 60/2000 setting aside the judgment and decree dated 11.9.2000 passed by learned Civil Judge (Jr. Divn.), Dhubri in T.S. Case No. 68/ 1998 by which the petitioner's suit for eviction of the respondent from the suit premises on the ground of defaulter and bona fide requirement was decreed, in favour of the petitioner.2. Heard Mr. D. Baruah, learned counsel for the petitioner. Also heard Mr. N.M. Lahiri, learned senior counsel for the respondent.3. The brief facts, relevant for the present adjudication, as disclosed in the pleadings of the contesting parties, may be recited as follows :The suit premises, consisting of a plot of land covered by Dag No. 206 (new) Patta No. 225 (new) including Assam Type house with two rooms, one Puja room and one latrine and bathroom situated at Dhubri, was purchased by the plaintiff/petitioner...

Dharmeswar Choudhury Vs. State of Assam and anr.

Court: Guwahati

H.N. Sarma, J.1. Heard Mr. S.P. Deka, learned Counsel for the petitioner. Also heard Mr. I. Choudhury, learned standing counsel for the respondents, PWD.2. The necessary facts leading to file this writ petition, inter alia, are that the petitioner, on the basis of a recruitment made by PWD to fill-up certain existing vacancies of Jr. Engineers, was appointed under Regulation 3(f) of the APSC Regulation (Limitation of Function), 1951 and thereafter vide notification No, E/18 A/27 3/67/1 dated 7.12.1967 issued by the Chief Engineer, PWD(Rand B), the service of 339 Jr. Engineers including the petitioner were regularised.3. In the said list of regularization, the name of the petitioner finds its place at Serial No. 275. The initial appointment of the petitioner was at Jr. Engineer at Dibrugarh N.H. Division. Thereafter, the petitioner was transferred to different places of the State of Assam. While petitioner was in-charge of Section Officer at Tinsukia, he had to face a departmental proc...

Ruben Borah Vs. Anju Borah and ors.

Court: Guwahati

B.K. Roy, C.J.1. The appellant assails validity of the order dated 16th February, 2005 passed by the learned Member, MACT, Dibrugarh, holding that as per the provisions as constrained in Hindu Succession Act sons and daughters both are heirs and legal representatives of the deceased Mohan Bora ; that the claimant Ruben Bora (who is the appellant) by suppressing material that in regard to existence of the daughters of Late Mohan Bora, had filed claim petition and got the matter settled before Lok Adalat without issuance of any notice to the daughters, and, thus, the compensation awarded has to be equally distributed amongst the heirs and legal representatives of late Mohan Bora.2. Mr. B.D. Konwar, learned Counsel for the appellant submitted as follows :(a) According to the view taken by the Allahabad High Court in 1989 ACJ 1128 the married daughters are not entitled for compensation under the provisions of Motor Vehicles Act, 1988. He, however, does not place the alleged judgment of th...

Leena B. Dam Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. Both the writ petitions having raised common questions of law on more or less similar facts were heard together and are being disposed of by this common Judgment and Order.2. An advertisement was published in the newspaper on 14.2.2004 inviting applications for as many as seven posts of Lecturers in different subjects in the Gauhati Commerce College (in short 'the College'). The selection held pursuant to the aforesaid advertisement, in so far as the posts of Lecturer in Accountancy is concerned, has been assailed in W.P.(C) No. 5912/2004 whereas the selection held in respect of the post of Lecturer in g Commerce has been assailed in W.P.(C) No. 6898/2004. While the specific details of the challenge made will be noticed a little later what has to be recorded at this stage of recital of facts is that the petitioner in both the cases claim to have submitted their applications pursuant to the advertisement issued and to have participated in the separate selections held...

Arjuna Begum Vs. State of Assam and ors.

Court: Guwahati

Reported in: [2005(106)FLR708]

Amitava Roy, J.1. The petitioner seeks a Writ of Mandamus for her appointment on compassionate ground in terms of the Government policy to that effect as contained in office memorandum No. ABP-357/90/137, dated 9.9.83.2. I have heard Mr. A.S. Choudhury, senior advocate for the petitioner and Mr. M.R. Pathak, learned Standing Counsel foil the Education Department.The facts in short are that the petitioner's husband Md. Mantu Sheikh died in harness on 22.8.2001 while he was serving as an LD Assistant in Madhya Kamrup College, Subha, leaving behind the petitioner and three minor children without any means of livelihood. The petitioner then submitted a representation before the Governing Body of the College on 12.9.2001 praying for her appointment on compassionate ground in a Grade IV post. According to her, in terms of the Government policy contained in the aforementioned Office Memorandum dated 9.9.83, she was entitled to be considered for the said purpose. She followed up her request by...

Madhabilata Bhattacharjee and ors. Vs. National Insurance Co. Ltd. and ...

Court: Guwahati

R.B. Misra, J.1. Heard Mr. S. Deb, the learned senior counsel assisted by Mr. B. Debnath, learned Counsel appearing for the appellants and Mr. B. Bhattacharjee, learned Counsel for the respondent No. 1, National Insurance Co. Ltd.2. This first appeal has been preferred against the award dated 31.1.1998 passed by the learned Motor Accidents Claims Tribunal, West Tripura, Agartala in T.S. (M.A.C.) No. 84 of 1996 whereby the claim on behalf of the appellant wife under Section 166 of the Motor Vehicles Act (for short called 'the Act') for compensation in reference to the death of her husband late Satish Chandra Bhattacharjee in an accident occurred on 8.1.1996 at 8 a.m. at a place near Care and Cure Nursing Home on Jagannath Bari Road, Agartala, West Tripura, by a jeep bearing No. TR 01-2571 being driven rashly and negligently. On death of Satish Chandra Bhattacharjee, four major dependants (sons) and wife were left behind as surviving members.3. The owner of the vehicle as well as Nation...

United Bank of India Vs. Sidhartha Chakraborty

Court: Guwahati

D. Biswas, J.1. The respondent Shri Sidhartha Chakraborty was working as a Cash Clerk in the commercial wing of the appellant Bank at Ulubari, Guwahati. A disciplinary proceeding was initiated against him for commission of irregularities and accordingly, charge sheet was served on him on different counts relatable to fictitious debit entries in some savings bank accounts resulting in misappropriation. On conclusion of the departmental proceedings, accepting the findings of the enquiry the respondent was dismissed from service by an order dated December 20, 1985. It was indicated in the dismissal order that in view of the pendency of an industrial dispute before the Assistant Labour Commissioner, Central Kolkata, an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 was being filed for approval of the action taken by the appellant Bank. The respondent raised an industrial dispute before the Regional Labour Commissioner (Central), Guwahati for his reinstatement with...

Shyam Sundar Maheswari Vs. State of Assam and anr.

Court: Guwahati

H.N. Sarma, J.1. This criminal revision arises out of the judgment and order dated 18-11-1996 passed by the learned Additional Session Judge, Jorhat in criminal appeal No. : 23/1996 upholding the judgment and order dated 19-4-1996 passed by the learned Chief Judicial Magistrate, Jorhat in C.R. Case No. 190 of 1994 thereby convicting the accused petitioner under Sections 7/16 of the Prevention of Food Adulteration Act, . 1954 and sentencing him to undergo R.I. for a period of 6 (six) months and to pay a fine of Rs. 1000/- in default, to undergo further R.I. for one month.2. I have heard Mr. A. K. Goswami, learned senior counsel for the petitioner, and also heard Mr. D. Goswami, learned Public Prosecutor appearing on behalf of the State of Assam.3. Briefly stated, the prosecution case leading to the conviction of the petitioner inter alia is that on 6-4-1994, the Food Inspector, Jorhat accompanied by his Peon visited the shop of the accused petitioner and observing all the formalities, ...