Guwahati Court May 2005 Judgments

Gadadhar Bania and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2005)(3)SLJ225CAT

1. Since all these applications, inter alia, involve one common question regarding entitlement to Special (Duty) Allowance (for short SDA), all these applications are being disposed of by a common order.Since most of the relevant orders and decisions are available in O.A.No. 319 of 1999 we take this case as the leading case and parties and documents are referred to as described therein.2. The applicants in the first eight cases are aggrieved by a communication dated 10.4.1999 (Annexure-4) issued by the Controller of Defence Accounts, Narangi, the 2nd respondent, directing stoppage and recovery of Field Service Concession (for short FSC) enjoyed by them pursuant to the decisions of this Tribunal as affirmed by the Supreme Court. A Division Bench of this Tribunal, consisting of Mr. Justice D.N. Chowdhury, Vice-Chairman and Mr. M.P. Singh, Administrative Member, by a common order dated 11.12.2000 allowed the first six applications. The impugned order dated 10.4.1999 was set aside. The O....

Sailen Kumar Sarma Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J. 1. The challenge in the present writ application is in respect of grant of the contract relating to 'Construction of Approach and protection work of RCC Bridge over River Nunai on Tangla Bhergaon Road, Bhergaon side under RIDF-V (Balance work)' in favour of the respondent No. 4. In view of the fact that by the interim order dated 31.8.2004 passed by this Court, the execution of the said work has been held up and as the learned departmental counsel had mentioned the urgency involved in deciding the case at the earliest and further as counter-affidavit of the official respondents has been filed, this Court had considered it appropriate to dispose of the case finally at the motion stage itself.2. The case pleaded and argued on behalf of the writ petitioner as against the award of the aforesaid contract in favour of the respondent No. 4 is short and precise. The writ petitioner had offered an amount of Rs. 11,30,390.00 in the tender submitted by him and though the amount ...

Matiur Rahman Vs. State of Assam and anr.

Court: Guwahati

Ranjan Gogoi, J.1. The challenge in the present writ petition is against the order dated 5.9.1997 placing the petitioner under suspension under Rule 6(b) of the Assam Services (Discipline and Appeal) Rules, 1965 (hereinafter referred to as the Rules). As the aforesaid suspension of the petitioner has continued till date, the continuation of the same on grounds other than what have been pleaded in the writ petition, have also been urged at the oral hearing.2. The petitioner, who was at the relevant point of time serving as an Accountant in the Office of the Officer-in-Charge, I.C.D.S. Project at Howly, was initially placed under suspension by an order dated 31.3.1993. The said order of suspension-dated 31.3.1993 was challenged by the writ petitioner by instituting a writ proceeding registered and numbered as C. R. No. 2932 of 1993. The aforesaid writ proceeding was answered by the Court in favour of the writ petitioner and interference having been made with the impugned suspension of t...

Tako Changriang Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

H.N. Sarma, J.1. By this public interest litigation petition filed under Article 226 of the Constitution of India the petitioner has ventilated the grievances of allegedly genuine fire victims of Sangram and Nyapin Circles of the Lower Subansiri District of Arunachal Pradesh and has sought for enforcement of the fundamental rights of fire victims who, as alleged, due to their socio economic constrain are unable to approach this Court in their present capacity. The petitioner is stated to be a social activist and is involved in various socio-political activities of Nyapin town and was also the President of All Arunachal Pfadesh Students' Union during the period 1982-84 and hold other such port folios.2. The case of the petitioner inter alia is that in the State of Arunachal Pradesh there is a special fund earmarked for rendering relief to the victims of natural calamities. Whenever such natural calamities take place, the victims are rendered relief by the Government by providing them e...

Munindra Gazamer Vs. State of Assam

Court: Guwahati

B.P. Katakey, J.1. This revision petition is directed against the Judgment and Order dated 5.1.2000 passed by the learned Sessions Judge, Sibsagar in Crl. Appeal No. 8(3) of 1997 affirming the judgment of conviction and sentence dated 7.7.1997 passed by the learned Chief Judicial Magistrate, Sibsagar in GR Case No. 245/95 convicting the petitioner under Section 279/304A of the IPC and sentencing him to suffer simple imprisonment for one month under Section 279 of the IPC and simple imprisonment for 6 months under Section 304A of the IPC.2. The prosecution case, in brief, is that on 12.3.1995 when the informant's elder brother Rupeswar Baruati was coming from Sibsagar side on a bicycle on National High Way No. 37, one Maruti car bearing Registration No. AMB 8348 driven by the present revision petitioner hit him near Baruati Gaon, as a result of which Rupeswar fell down on the road and sustained grievous injuries on his head as well as different parts of the body. Though the injured was...

Electric House Vs. State of Tripura and ors.

Court: Guwahati

R.B. Misra, J.1. These three writ petitions under article 226 of the Constitution have been filed against the impugned orders dated November 25,1995 and November 27,1995 passed by the Commissioner of Taxes, Government of Tripura, Agartala, in revision case No. 7/Charge-III/95, in revision case No. 8/ Charge-III/95 and in revision case No. 9/Charge-III/95, respectively, in connection with the impugned order of assessment dated March 31, 1995 passed by the Superintendent of Taxes, Charge III, Government of Tripura, Agartala (annexure A) creating a demand of Rs. 77,582.20 for the assessment year 1986-87, Rs. 86,813.91 for the assessment year 1987-88 and Rs. 1,43,910.56 for the assessment year 1988-89. Since these cases are all identical and issues involved are same, all these three petitions are taken up for hearing and are disposed of by this common judgment.2. The petitioner, namely, Electric House, Central Road, Agartala, is registered sales tax dealer under the Tripura Sales Tax Act,...

K. Hrangchhinga Vs. C. Zomuana

Court: Guwahati

A.B. Saikia, J.1. Heard Mr. S.N. Meitei and Smt. Rosemary, learned Counsel for the appellant and Mr. C. Lalramzauva, learned Counsel for the respondent.2. This witnesses a fierce legal battle between the grand fathers one from paternal side when the other is maternal grand-father for guardianship of the 4 unfortunate minor children who lost their parents in a very pathetic and tragic motor vehicle accident. All those 4 children including 3 (three) daughters and 1 (one) son of Late Lalhlimputa Khiangte and Smt. Lalchhuanmawii have been deprived of their parental warmth and care at a time when they are to play on the lap of their parents. The cruel hand of destiny, snatched their parents leaving them in the doldrums to see the current litigation of their grandparents claiming each of them to be the fittest person to maintain them and look after their betterment and welfare in the coming days till they attain majority. The basic point involved in this case is as to who would be the right...

G. Lalrotluanga Vs. Chief Secretary to the Govt. of Mizoram and ors.

Court: Guwahati

A.H. Saikia, J.1. Briefly stated the facts, as gathered from the pleadings exchanged by and between the rival parties, are that the petitioner, who was working as Grade IV employee at Khawlian Sub-Centre at Khawlian under respondent No. 3, Director, Health Services., etc. Govt. of Mizoram, Aizawl, was put under suspension with effect from 1.6.1992 vide order dated 24.8.1992 for the reason that a case against the petitioner in respect of criminal offence was under investigation and he was detained under custody on 1.6.1992 for a period exceeding 48 hours. In fact, a criminal case, on the basis of Aizawl P.S Case No. 442/ 92 under Section 408 IPC which was registered by the court as G.R Case No. 631/92, was initiated for alleged involvement of the petitioner in misappropriation of pay and allowances of staffs of Phuaibuang Sub-Health Centre amounting to Rs. 19,824. Eventually, the criminal case was ended discharge of the petitioner. The discharge order was passed on 5.6.2002 by the Addl...

New India Assurance Co. Ltd. Vs. Lalnunthara and anr.

Court: Guwahati

B.P. Katakey, J.1. This appeal by the Insurance Company is directed against the judgment and award dated 8th October, 2002 passed by the learned Presiding Officer, M.A.C.T., Aizawl in M. A.C.T. Case No. 46 of 2000 awarding a sum of Rs. 3,74,000 with simple interest at the rate of 9% p.a. from the date of filing of the claim petition till the date of realisation and directing the Insurance Company/appellant to satisfy the said award.2. We have heard Mr. George Raju, learned Counsel for the appellant and also Mrs. Helen Dawngliani, learned Counsel for the respondent No. 1 claimant. Now appears on behalf of the respondent No. 2, owner of the vehicle, in spite of service of notice.3. In the present case, the factum of accident, age, monthly income of the deceased and also the fact that the vehicle involved in the accident was a goods carrying vehicle, are not in dispute. There was no permission obtained by the Insurance Company under Section 170 of the Motor Vehicles Act and hence the Ins...

New India Assurance Co. Ltd. Vs. R. Biakliana and anr.

Court: Guwahati

B.P. Katakey, J1. This appeal by the insurance company is directed against the judgment and award dated 24.10.2002 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl, in the MACT Case No. 142 of 1999 awarding a sum of Rs. 4,01,400 with interest at the rate of 9% p.a. from the date of filling of claim petition till the date of realization and directing the insurance company to satisfy the same.2. We have Mr. George Raju learned Counsel for the appellant insurance company. None appears for the respondent No. 1 though Dr. C.V.L. Auva had entered appearance on his behalf. None appears for the respondent No. 2 also in spite of service of notice.3. The learned Counsel for the appellant insurance company has confined his argument to the point that the vehicle being a goods carrying vehicle the insurance company is not liable to satisfy any award passed by the learned tribunal in respect of the death or bodily injury of a gratuitous passenger traveling in such goods carrying...