Guwahati Court September 2005 Judgments
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Azharul Islam Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-30-2005
Ranjan Gogoi, J.1. Heard Mr. J. Ahmed, learned Counsel for the petitioner and Mr. A.S. Choudhury, learned Senior Counsel, appearing for the private respondent No. 6. Also heard Mr. P.K. Mushahary, learned Senior Govt. Advocate, Assam, appearing for the official respondents.2. Both the writ petitioner and the private respondent No. 6 were aspirants for medical admission for the session 2005-06. In the common entrance examination held in the month of May 2005 the petitioner secured 159 marks and was placed at serial No. 505 in order of merit. The respondent No. 6 secured 163 marks and was placed against the merit position No. 426. The respective forms submitted by the aforesaid two candidates are concerned would go to show that both of them had applied for admission as candidates belonging to Char Area category. In the merit list published, the name/Roll No. of the writ petitioner appeared against serial No. 4 of the said category, i.e., Char Area category; however, the name/Roll No. of...
Raj Kumar Prasad Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Sep-30-2005
R.B. Misra, J.1. Heard Mr. K.C. Jaiswal, learned Counsel for the petitioner and Mr. B.L. Singh, learned Senior Government Advocate, Arunachal Pradesh.2. The present writ petition has been filed with prayer to admit the petition, issue notice to the respondents and upon hearing may pass orders in favour of the petitioner or such other orders which this Court may deem fit and proper in the interest of justice.3. The brief facts narrated in the writ petition are that the petitioner was deployed as contingent worker at Yingkiong, vide order dated 6.3.2001 (Annexure-A) in the office of the District Agriculture Officer (DAO) at Upper Subansiri District, who proceeded on leave for 65 days in connection with his marriage and on his arrival on 20.1.2005 he was not allowed to join duty. For and on behalf of the petitioner Shri K.C. Jaiswal, learned advocate, submitted an application dated 24.1.2005 to the Deputy Commissioner, Upper Subansiri, to allow the petitioner to join duty. Thereupon the ...
Chandrajit Dutta Choudhury Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-30-2005
B.K. Sarma, J.1. By means of this writ petition, the petitioner has made a challenge to the order by which the respondent No. 5 has been appointed as Revenue Sheristadar in the office of the Deputy Commissioner, Hailakandi.2. Referring to the service particulars of the petitioner vis-a-vis the respondent No. 5, it is the case of the petitioner that apart from the service seniority, he is having more and better experience than the respondent No. 5. It is the case of the petitioner that as against his position in the seniority list as on dated 1.1.1997 at serial No. 16, seniority position of the respondent No. 5 is at serial No. 25. However, both of them were appointed substantively and confirmed in the substantive grade of UDA w.e.f. 30.11.2002.3. By Annexure-V advertisement dated 11.11.2003, applications were invited for the post of Revenue Sheristadar in the amalgamated establishment of the Deputy Commissioner, Hailakandi 15 years of service in different branches of any of the establ...
New India Assurance Co. Ltd. Vs. Phelishsa Bakai and ors.
Court: Guwahati
Decided on: Sep-30-2005
I.A. Ansari, J.1. We have heard Mr. V.K. Jindal, learned senior Counsel, for the insurer appellant and Mr. S.P. Mahanta, learned Counsel, appearing on behalf of the claimants-respondents.2. By this common judgment and order, we propose to dispose of all the appeals enlisted above, for, on the request of the learned Counsel for the parties, all these appeals have been heard together as the appeals involve largely identical facts and common questions of law, the same are capable of being disposed of together and it is conceded by the learned Counsel for the parties that the decision in any of these appeals will have a bearing on the outcome of the remaining appeals.3. We, first, cull together the material facts and various stages, which have led to the present appeals:(i) On 25.10.1999 at about 7 p.m., the bus bearing registration No. ML 05-9275, owned by the respondent No. 1 herein and driven by respondent No. 2 herein, while carrying contrary to the road permit, more than the permissi...
Smt. Nur Bhanu and ors. Vs. Abdul AmIn Bhuinya and ors.
Court: Guwahati
Decided on: Sep-30-2005
Anima Hazarika, J.1. This appeal being Regular Second Appeal No. 54 of 2002 has been preferred against the judgment and decree dated 30-7-2002 passed by the learned Additional District. Judge, Sonamura, in Title Appeal No. 11 of 2001. (renumbered as Title Appeal No. 1 of 2002), affirming the judgment and decree dated 17-1-2001 passed by the learned Civil Judge (Sr. Div.) Court No. 2, West Tripura, Agartala In Title Suit No. 65 of 1981.2. The plaintiffs f\infodataestVendorsBaract-linking2008Alfa-2April'08April'089-Apr'08gh2005iled Suit No. 65 of 1981 in the Court of Civil Judge (Sr. Div.), West Tripura, Agartala, against the defendants, seeking a decree for partition, declaring the share of each of the plaintiffs as 7/64 in the suit property as per law, for passing a preliminary decree for partition and for declaration of the alleged gift deed No. 1-3461 dated 21-8-1976 is fraudulent. According to the averments in the plaint, the land measuring 1.98 Acre of Jote No. 27 was originally b...
Bank of Baroda Vs. Shanti Conductors Pvt. Ltd. and ors.
Court: Guwahati
Decided on: Sep-30-2005
I.A. Ansari, J.1. Heard Mr. P.C. Deka, learned Senior counsel, assisted by Mr. N. Deka, learned Counsel for the petitioner, and Mr. K.N. Choudhury, learned Senior Counsel, assisted by Mr. A. Parvez, learned Counsel, appearing on behalf of the respondent Nos. 1 to 4.2. On 24-12-87, the respondent No. 1 was granted by the writ petitioner a Term Loan up to the limit of Rs. 14,70,000/-, Cash Credit (Hypothecation) up to a limit of Rs. 18,00,000/-, Cash Credit (Supply Bills) up to a limit of Rs. 15,00,000/- and letter of credit up to a limit of Rs. 18,00,000/-.3. On 30-3-1996, the petitioner bank instituted Title Suit No. 54/1996, in the Court of the Assistant District Judge No. 1, Kamrup, for recovery of Rs. 1,41,73,221.50 as on 25-3-1996 with interest accruing thereon. The petitioner bank based its entire claim on 3 accounts, viz., Cash Credit (Hypothecation), Cash Credit (Supply Bills) and Cash Credit (Pledge) as indicated hereinabove. In the year 1997, this suit was transferred to the ...
Abhinandan Trading (P.) Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-27-2005
Ranjan Gogoi, J.1. The very same order dated 14.7.2005 granting the contract for supply of potable alcohol/rectified spirit to the Tinsukla Excise Warehouse in favour of the respondent No. 3 being the subject-matter of challenge in both the writ petitions, the writ petitions were heard analogously and are being disposed of by this common judgment and order.2. A notice inviting tenders for wholesale supply of potable alcohol/ rectified spirit (Grade-I) to the Excise Warehouse at Tinsukia was published by the Commissioner of Excise, Government of Assam, on 29.1.2005. The writ petitioner In W.P.(C) No. 5305 of 2005, Satya Capital Services (P.) Ltd., submitted its tender quoting an amount of Rs. 15.10 per LPL for award of the contract. The petitioner in W.P.(C) No. 5132 of 2005, Abhinandan Trading (P.) Ltd., quoted its rate of Rs. 18.95 per LPL whereas the respondent No. 3, Rangpur Trade Co. (P.) Ltd., quoted the rate of Rs. 17.11 per LPL. Eight tenders in all including those submitted by...
Oil India Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-26-2005
Ranjan Gogoi, J.1. The challenge projected being identical both the writ petitions were heard together and are being disposed of by this common judgment and order.2. Both the writ petitioners are public sector undertakings engaged, inter alia, in the exploration of hydrocarbons from which the petitioners extract crude oil and natural gas. Crude oil and natural gas bearing land having been brought within the definition of 'specified land' by the Assam Taxation (on Specified Lands) (Amendment) Act, 2004 and such land having been made exigible to payment of tax under the provisions of the principal Act, i.e., the Assam Taxation (on Specified Lands) Act, 1990, it is the validity of the aforesaid amendment Act that is the subject-matter of challenge in both the writ applications under consideration.3. The Assam Taxation (on Specified Lands) Act, 1990 was enacted by the State Legislature of Assam with a view to providing additional revenue to the State by imposing a tax on certain categorie...
The Chairman, Jee Iit Vs. Gurujit Bhardwaj
Court: Guwahati
Decided on: Sep-23-2005
B.P. Katakey, J.1. By this review petition, the review petitioner has sought to review the order dated 25-4-2005, passed in W.P.(C) No. 2475 of 2005 recording the concession given by the learned Counsel for the respondent No. 2 (review petitioner) and disposing of the writ petition with an observation that the I.I.T. authority may declare the result of the writ petitioner (respondent herein) and other similarly placed persons in accordance with their time schedule, on the basis of the concession made by the learned Counsel appearing on behalf of the I.I.T. authority.2. The facts in brief is that a writ petition was filed by Shri Gurujeet Bharadwaj, respondent in the review petition, praying for issuing a direction to the respondents therein, more particularly, against the respondent No. 2, namely, the Chairman, JEE, IFF, Guwahati to issue admit card by accepting the photo copy of the application form, Original of which was sent by the writ petitioner by post, for appearing in the I.I....
United India Insurance Co. Ltd. Vs. Joeph Rochhunga and anr.
Court: Guwahati
Decided on: Sep-22-2005
I.A. Ansari, J.1. On the death of his unmarried son, Anthony Laldawangliana, in a motor vehicular accident, which took place on 20th April, 2004, at a place near Tuirial River, the claimant respondent No. 1 herein made an application under Section 166 of the Motor Vehicles Act, 1988 (in short, the M.V. Act, 1998) seeking compensation. This claim application gave rise to M.A.C. Case No. 109 of 2003. By the impugned award, dated 19th May, 2005, the learned Tribunal has in all, granted Rs. 3,50,540 as compensation and directed the same to be paid by the present appellant as insurer of the offending vehicle with interest at the rate of Rs. 9 per cent from the date of filing of the claim application until realisation of the entire amount.2. We have heard Mr. M.M. Ali, learned Counsel for the appellant, and Mr. Lalremtlunanga, learned Counsel for the respondents.3. In the present case, the accident took place when the said deceased was moving on a motor cycle as a pillion-rider, a truck ca...
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