Guwahati Court August 2005 Judgments

Chandra Singh and anr. Vs. Gayatri Devi and anr.

Court: Guwahati

I.A. Ansari, J.1. These two appeals have arisen out of the award dated 21.12.2004, hereby two claim cases, namely, M.A.C. Case Nos. 35 and 36 of 2000 have been disposed of by the learned Member, Motor Accidents Claims Tribunal, Dimapur.2. By this common judgment and order I propose to dispose of both the appeals, for on the request of learned Counsel for the parties, both the appeals have been heard together inasmuch as the same have arisen out of the same accident and the findings in any of the two appeals may affect the outcome of the other appeal.M.A.C. Appeal No. 3 (K) of 2005:3. This appeal has arisen out the claim application for compensation, which gave rise to M.A.C. Case No. 35 of 2000 aforementioned.4. The material facts and the various stages, which led to the M.A.C. Appeal No. 3 (K) of 2005 aforementioned, may in brief be stated as follows:(i) The appellant No. 1 herein, namely, Chandra Singh made an application under Section 166 of the Motor Vehicles Act, 1988 (in short ...

Sarat Chandra Sinha and ors. Vs. State of Assam and ors.

Court: Guwahati

D. Biswas, J. 1. This Public Interest Litigation questions the decision of the Respondent, State of Assam as contained in Annexure-V to transfer 2 Bighas of land situated in Paltan Bazar, Guwahati within (he Assam State Transport Corporation Complex in favour of Respondent No.7 Indian Motel Company Limited for the purpose of setting up a hotel, while coming with prayers to direct Respondent Nos. 1 to 5 to cancel, recall or forbear from giving effect to that decision.2. Respondent No. 7 proposed to the Government of Assam for investment, by setting up of 'IndiOne' category hotel at Guwahati which was considered in a Meeting held on 6-11-2004 under the Chairmanship of the Chief Minister, Assam which was attended by 10 persons, viz.-(1) Additional Chief Secretary, Revenue Department;(2) Commissioner & Secretary, Revenue Department;(3) Commissioner to Chief Minister;(4) Additional Secretary, Chief Minister's Secretariat;(5) Deputy Commissioner, Kamrup (M);(6) Chairman, Assam State Housing...

Sanjoy Das Vs. State of Tripura and ors.

Court: Guwahati

T. Vaiphei, J.1. The legality of the Order No. 053/TSR-6/Disch/Estt./03/00853-63 dated 12.02.2003 terminating/discharging the petitioner from service on the ground of adverse report against him is called into question in this writ petition.2. The factual matrix leading to the filing of this writ petition may be briefly stated at the very outset. The petitioner belongs to a Schedule Caste community. He was appointed to the post of Rifleman in 6 Bn. Tripura State Rifles on temporary basis on 25.4.2001 and joined the post on 21.5.2001. The appointment order stipulated that this final appointment and continuation in service would be subject to medical fitness, educational qualification certificate and C & A (character and antecedent) report verification without any adverse (report ?) and further that he was obliged to fill up attention form. In the course of verification of the character and antecedents of the petitioner, it was found that the petitioner was involved in a criminal case, i...

Babul Chakraborty Vs. State of Tripura

Court: Guwahati

T. Vaiphei, J.1. The correctness of the judgment dated 6-3-1999 passed by the Ld. Add). Sessions Judge, Belonia, South Tripura in Crl. Appeal No. 6(1) of 1999 upholding the order of conviction and sentence passed by the Ld. Sub-Divisional Judicial Magistrate, Belonia in G.R. No. 49 of 1997 is in question in this revision petition.2. The material facts leading to the filing of this revision petition may be noted first. On 5-3-1997 at about 9 p.m. the informant, Jubaraj Das and some others belonging to Laogang village had hired a Jeep bearing No. TRT-1557 for going to their village. When the Jeep was about to reach Laogang village market, it fell down on the roadside stream, which resulted in causing injuries to the informant and other passengers. However, one of the passengers, namely, Subhashi Das, fell under the pressure of the vehicle in the accident, was severely injured and succumbed to her injuries on reaching Santirbazar Hospital.3. It would appear that on the basis of the FIR l...

Chameli Devi and ors. Vs. Dipak Nath and ors.

Court: Guwahati

T. Vaiphei, J.1. This is an application filed by the appellants in RSA No. 13 of 1996 (re-numbered as RSA No. 2 of 2005) for restoring the second appeal, which was dismissed in default, on 10.5.2005.2. Unfolding his case, Mr. A.C. Bhowmik, the learned Counsel for the appellants, submits that on the day fixed for hearing of the appeal, he had to leave for Ishanchandranagar, Belonia, South Tripura on short notice to attend the marriage ceremony of his grand-daughter and had instructed his junior, Shri Kaushik Roy to seek adjournment of the case. According to the learned Counsel, his junior counsel, who was present in the court premises on that day, had expected that the matter would reach only in the second half of the day as the same was listed at Item No. 16 of the hearing list. The learned Counsel further states that the matter unexpectedly came up in the first half of the day when his junior counsel was not in the court room whereupon the appeal came to be dismissed. Without disputi...

Ajit Kumar Sen Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2006)(91)SLJ304CAT

1. The applicant, a State Forest Service Officer who retired from service as Deputy Conservator of Forests (DCF) (SFS) on attaining the age of superannuation, has filed this applicant for the following reliefs: 8.1 To direct the respondents to consider the case of the applicant for promotion to the cadre of IPS w.e.f. 1988 onwards and after such consideration to promote him to IPS with retrospective effect with all consequential service benefits. 8.2 To direct the respondents to convene triennial cadre review and to review the cadre strength since 1988 following the mandatory provisions of IPS cadre Rules, The grievance of the applicant is that though he had become eligible for promotion to Indian Forest Service (IPS in short) in 1988, his case for promotion to IPS was not considered by the respondents till the date of his retirement on 23.2.2003. The applicant has approached this Tribunal only when the Union Public Service Commission (UPSC in short), New Delhi issued a communication ...

Sonbeel Fishermen Co-op Society Ltd. Vs. State of Assam and ors.

Court: Guwahati

I.A. Ansari, J.1. By this common judgment and order, I propose to dispose of WP(C) Nos. 2639/04 and 8283/04, for, both these writ petitions have been heard together on the ground that these two writ petitions are wholly inter-linked and the decision in any of these two writ petitions would have a serious bearing on the outcome of the other one.2. Can settlement of a fishery be refused to be made in favour of a cooperative society, comprising of 100 per cent fishermen communities, which is, otherwise, eligible to participate in a tender process and entitled to preferential treatment under Rule 12 of the Assam Fishery Rules, 1953, (in short, 'the Rules') by relying upon materials, which were received by the authorities concerned, after the tenders were opened, wherein allegations against the functioning of the society had been made, without, however, having given any opportunity of showing cause by the authorities concerned to the cooperative society to have their say in respect of the ...

Khiren Chandra Kalita Vs. State of Assam

Court: Guwahati

A.H. Saikia, J.1. Heard Mr. J. Singh, learned amicus curiae appearing on behalf of the appellant and Mr. D. Das, learned Public Prosecutor, Assam.2. This appeal from jail has been directed against the judgment and order dated 29.4.1999 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 26/98.3. The prosecution story as it emerges from the ejahar lodged by P.W. 1 Ratneswar Kalita with Matia Police Station, Goalpara is that in the morning of 19.2.1998 when the door of the appellant's house was not opened upto 9 a.m., P.W.1 being the elder brother of the appellant, residing in the same compound, smelt some untoward incident because of the abnormal closure of the door of the appellant's house and, accordingly, he called some neighbours and in their presence the door was opened. On entering the house, the dead body of late Nirupama Kalita, wife of the appellant was found lying covered with a blanket in a pool of blood. They suspected that the appellant who did not have goo...

Abdul Kalam Borbhuya Vs. State of Assam and anr.

Court: Guwahati

Reported in: [2005(107)FLR948]

Ranjan Gogoi, J.1. Heard Mr. S.S. Dey, learned Counsel for the petitioner and Mr. U.K. Mahanta, learned Government of Assam.2. The inaction of the respondents in reinstating the petitioner in service after his acquittal in the criminal case instituted against him is the precise grievance that has been raised in the present writ petition. To understand and appreciate the grievance raised, a brief recital of the core facts is considered necessary.3. At the relevant point of time, the petitioner was working as a Peon in the Nazarat Branch of the establishment of the Deputy Commissioner at Hailakandi. The petitioner was involved in an allegation of commission of an offence under Section 376 of the Indian Penal Code. This was sometime in the year 1994. A police case i.e. Hailakandi Police Station Case No. 39/94 under Section 376/511 of the Indian Penal Code was registered against the petitioner. While the police case was being investigated, a departmental proceeding was initiated against th...

Bidyut BuragohaIn Vs. State of Assam

Court: Guwahati

Reported in: [2005(107)FLR945]

Ranjan Gogoi, J.1. The writ petitioner Shri Bidhyut Buragonhain is a member of the Assam Police Service and is presently holding the rank of Additional Superintendent of Police, A show cause notice dated 8.10.2001 was issued against the writ petitioner under the provisions of Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964, hereinafter referred to as the Rules, read with Article 311 of the Constitution of India levelling the following two charges:1. That while you were posted as Additional Superintendent of, Police (s), Lakhimpur on 5.7.2001, the Army apprehended one Shri Gojen Bhuyan @ Joon Kalita an ULFA Militant alongwith arms and ammunitions from the barrack attached to your official residence as you had given him shelter without informing your superior officers. Reportedly, the said Gojen Bhuyan had been staying with you for the last 7 (seven) months during your present tenure at North Lakhimpur and previous tenure of Nalbari. You had failed to produce the militan...