Guwahati Court July 2005 Judgments

Binod Kumar Malpani Vs. Bharat Sanchar Nigam Ltd. and ors.

Court: Guwahati

I.A. Ansari, J.1. By, a notice inviting tender (in short, 'NIT), published, on 14.08.2003, by the respondent No. 5, namely, Executive Engineer, Civil Division, Bharat Sanchar Nigam Ltd. Jorhat, on behalf of respondent No. 1, namely, Chairman cum Managing Director, Bharat Sanchar Nigam Ltd., New Delhi, (hereinafter referred to as 'the BSNL'), tenders were invited from eligible contractors registered in the appropriate category in P&T;/DOT/DTS/BSNL, CPWD, MES, Railways, Assam State PWD (B&R;) and other allied departments of the Assam State PWD eligible for submitting tenders in Assam State PWD (B&R;) for similar works. The tenders, so invited, were in respect of work's covered by NIT Nos. 30/ BSNL/CD-JRT/03-04 and 31/BSNL/CD-JRT/03-04 (hereinafter referred to as the NIT No. 30 and the NIT No. 31 respectively). While the NIT No. 30 aforementioned covered the construction work of 8 e numbers of Type IV Staff quarters at Lichubari, Jorhat, with estimated cost of Rs. 59,15,246.00 lakhs, the...

Pradhuman Singh Vs. Union of India (Uoi) Through the Secretary to the ...

Court: Guwahati

Reported in: [2005(107)FLR577]

T. Vaiphei, J.1. After hearing Mr. S. Deb, the learned Senior Counsel for the petitioner and Mr. P.K. Biswas, the, learned Assistant Solicitor General/appearing for the respondents, it is obvious that the only question which falls for consideration in this writ petition is whether the penalty of dismissal imposed upon the petitioner by the respondent No. 5 (Commandant, 13 Bn., C.R.P.C. Agartala) for overstaying his leave by 28 days calls for the interference of this Court?2.. Unfolding his arguments, Mr S. Peb, the learned Senior Counsel, strenuously submits that when the period of his overstay of leave was only for 28 days, the penalty of dismissal imported upon the petitioner la grossly excessive and disproportionate. It is true contends the learned Senior Counsel, the legislature has conferred the power to impose penalty only upon the disciplinary authority and that such a power is a discretionary one but then such power must be exercised reasonably and not in the manner as exercise...

Binod Kumar Malpani Vs. Bharat Sanchar Nigam Ltd. and ors.

Court: Guwahati

Reported in: (2006)3GLR273

I.A. Ansari, J.1. By, a notice inviting tender (in short, 'NIT), published, on 14.08.2003, by the respondent No. 5, namely, Executive Engineer, Civil Division, Bharat Sanchar Nigam Ltd. Jorhat, on behalf of respondent No. 1, namely, Chairman cum Managing Director, Bharat Sanchar Nigam Ltd., New Delhi, (hereinafter referred to as 'the BSNL'), tenders were invited from eligible contractors registered in the appropriate category in P&T;/DOT/DTS/BSNL, CPWD, MES, Railways, Assam State PWD (B&R;) and other allied departments of the Assam State PWD eligible for submitting tenders in Assam State PWD (B&R;) for similar works. The tenders, so invited, were in respect of work's covered by NIT Nos. 30/ BSNL/CD-JRT/03-04 and 31/BSNL/CD-JRT/03-04 (hereinafter referred to as the NIT No. 30 and the NIT No. 31 respectively). While the NIT No. 30 aforementioned covered the construction work of 8 e numbers of Type IV Staff quarters at Lichubari, Jorhat, with estimated cost of Rs. 59,15,246.00 lakhs, the ...

Goljan Nesha Vs. Gammon India Ltd. and ors.

Court: Guwahati

B.K. Roy, C.J.1. The following question of law was formulated at the time of admission of this appeal under Section 30 of the Workmen's Compensation Act:Whether the Commissioner under the Workmen's Compensation Act had the jurisdiction either to revise or to review its own order?2. The relevant facts are:2.1. Appellant is widow of late Akbar Ali alias Akbar Hussain, the workman, who sustained grievous injuries in an accident in course of his employment on 4.4.1995 and succumbed to his injuries later on in the night.2.2. Appellant claimed due compensation. Her application was registered as W.C. Case No. 68 of 1995 by the Commissioner, Workmen's Compensation, Dhubri. Despite objection, her claim was allowed by the Commissioner by passing an award of Rs. 1,62,683 along with simple interest at the rate of 12 per cent per annum thereon from 4.4.1995 to 30.4.1998 to the tune of Rs. 58,566 and directed respondent No. 4, the insurer, National Insurance Co. Ltd., to deposit the aforesaid amoun...

imkong Imchen and ors. Vs. Union of India (Uoi) and ors.

Court: Guwahati

A.H. Saikia, J.1. Heard Mr. P. L. Aier, learned counsel for the petitioner. Also heard Mr. K. Meruno, learned Asstt. Solicitor General assisted by Mr. T. B. Jamir. learned Central Govt. Counsel for the Union,; of India and Mr. I. Jamir, learned Addl. Advocate General, Nagaland assisted by Mr. L.S. Jamir, learned Govt. Advocate, Nagaland for the State respondent.2. By this writ petition, the 4(four) petitioners who are elected members of the Xth Nagaland Legislative Assembly as independent candidate elected from their respective Constituency have assailed sub-para (2) of the Paragraph 2 of the TENTH SCHEDULE of the Constitution of India being violative of the basic structure of the Constitution of India.3. According to Mr. Aier, the learned counsel appearing on behalf of the petitioners the sole ground of challenge of the aforesaid provision is that sub-para (2) of Para 2 creates an unreasonable discrimination to an elected independent member to that of a nominated member to a House as...

Chiranjib Barbhuiya Vs. Rajashree Paul (Barbhuiya)

Court: Guwahati

A. Hazarika, J.1. Heard Mr. G.P. Bhowmik, learned Counsel for the petitioner assisted by Ms. J. Purakayastha and Mr. Z. Hussain, learned Counsel appearing for the respondent in Tr. P. (C) No. 12/2005.2. Both Tr. P. (C) No. 11/2005 and Tr. P. (C) No. 12/2005 are taken up together for disposal at the admission stage itself with the consent of learned Counsel appearing for both the parties.3. In Tr. P (C) No. 11/2004, by an application under Section 24 of the Code of Civil Procedure, the petitioner has prayed for transfer of T. S. No. 1/2005, pending in the Court of the District Judge, Dibrugarh, to the Court of Principal Judge, Family Court, Kamrup, Guwahati or any other court except Dibrugarh as the F.C. (Civil) No. 36/2005, filed by the petitioner, in the Court of the Principal Judge, Family Court at Guwahati is pending for disposal.4. The brief facts leading to this petition are, the opposite party (wife) filed the suit being T.S. (D) No. 1/'05 in the Court of the District Judge, Dib...

Evergrowing Iron and Finvest Ltd. Vs. the State of Tripura and ors.

Court: Guwahati

T. Vaiphei, J.1. This writ petition is directed against the memorandum dated 16-7-2005 issued by the respondent No. 2 cancelling the Notice Inviting Tender (for short 'NIT) No. PT-1/EE/RDSD/05-06 dated 19-2-2005 for purchase of GC Sheet and for directing the respondents to finalise the contract arising out of the said NIT in favour of the petitioner.2. I have heard Mr. A.K. Bhowmik, the learned senior counsel appearing for the petitioner. I have also heard Mr. U.B. Saha, the learned senior Government Advocate, assisted by Mr. J. Majumder, learned Counsel appearing for the State-respondents. As agreed to by both the parties, the writ petition is heard and being disposed of at the motion stage. No affidavit-in-opposition is filed by the respondents.3. To appreciate the controversy involved in the writ petition, the material facts of the case may be noticed at the very outset. The petitioner is a Company registered under the Companies Act, 1956 and having its registered Office at 505, Ch...

Sankha Nath Pegu Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. This writ application has been filed claiming regularisation of the services of the petitioner as Assistant Teacher in Sumania L.P. School and for release of arrear salary from May 1992 up to date.2. As per the averments made in the writ petition, the petitioner was appointed as Assistant Teacher in Sumania L.P. School by an order of appointment dated 14.12.1989 and he joined the school on. 21.12.1989. According to the petitioner, he was so appointed pursuant to advertisement issued by the respondents and the selection conducted, by them pursuant thereto. According to the petitioner he was duly selected by the Selection Board and the select list was duly approved by the Advisory Board of the district in question, i.e., Dhemaji District. However, no document have been placed in respect of advertisement, selection, call letters, purported approval of the Advisory Board and, the select list.3. Further averment made in the writ petition is that the petitioner, eversince ...

Ningombam Ranjit Singh and anr. Vs. Smt. Yumnam Premila Devi

Court: Guwahati

T. Nandakumar Singh, J.1. This Misc. Application is directed against the judgment and order of the learned Chief Judicial Magistrate, Imphal dated 22-6-2005 passed in Crl. (C) Misc. Case No. 66 of 2004 for rejecting the application Under Section 210 of the Cr.P.C. filed by the present petitioner No. 1 /accused for staying the further proceeding of the Crl. (C) Case No. 66 of 2004 filed by the present respondent/complainant against the present petitioner No. 1/accused.2. The factual panorama in short is that :-The present respondent/complainant is the wife of the present petitioner No. 1/accused and their marriage ceremony was held on 26-11-1985 at the residence of the parental house of the present respondent/complainant at Yumnam Leikai, Imphal as per the Hindu customary practices. Of their wedlock, three children were born. During the subsistence of their marriage, the present petitioner No. 1/accused illegally married the present petitioner No. 2/accused at the parental house of the...

Lileswar Gogoi and ors. Vs. State of Assam

Court: Guwahati

1. Three persons from the same family faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code (in the IPC). The appellants were sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 4,000 each, in default, to undergo rigorous imprisonment for two(2) years more each.2. The Instant appeal has been preferred from jail, being aggrieved by the Judgment of conviction and order of sentence dated 30.6.2000 passed by the learned Sessions Judge, Dibrugarh, in Session case No. 92 of 1999, convicting them under Section 302 read with Section 34 IPC as aforesaid.3. The prosecution version in nutshell as follows :Banshidhar Gogoi (P.W.I) who was the father of Lakhi Gogoi (hereinafter referred to as deceased), lodged the FIR alleging that, at about 8 PM on 13.4.1997 the accused Lileswar Gogoi had called his co-villager Lakhi Gogoi to their house, whereupon two other accused Naren Gogoi and Akan Gogoi killed L...