Guwahati Court January 2006 Judgments
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Jagat Mohan Tewari and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jan-18-2006
P.G. Agarwal, J.1. Heard Mr. A.K. Bhattacharjee, learned Senior Counsel for the petitioner and Mrs. A. Begum, learned Addl. Public Prosecutor, Assam.2. This is an application under Section 482 read with Sections 401/398, Cr.P.C. for quashing of the proceeding in GR Case No. 4992/99 and for setting aside the order dated 15.6.2001 passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati in the above case.3. The facts leading to the present revision in brief are :Smt. Prabha Shulka, the informant lodged a complaint before the Director General of Police, Assam alleging murder of her daughter Mrs. Meenakshi Tewari by the petitioners/accused persons for alleged non-fulfilment of the demand for dowry. On the basis of the above complaint, CID P. S. Case No. 26/99 under Sections 304(B)/498(A), 1PC read with Section 3/4 of the Dowry Prohibition Act was registered and enquired into by the police. Thereafter, police submitted a report in final form under Section 173, Cr.P.C. whereby char...
Bhabendra Kumar Kalita Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-17-2006
Ranjan Gogoi, J.1. Heard Mr. R. C. Saikia, learned Counsel for the petitioner, Mr. R. K. Bora, learned Government Advocate, Assam and Mr. T. Chutia, learned Standing Counsel, Board of Secondary Education, Assam, appearing for the respondent Nos. 2 to 4. Service of notice on the respondent Nos. 5 to 10 have been presumed by order dated 21.11.2003 passed by this Court.2. The petitioner was- appointed as a Lower Division Assistant in the Board of Secondary Education, Assam (hereinafter referred to as the Board) on 2.1.1975. A gradation list of the employees of the Board in the cadre of Lower Division Assistant and Typist as on 19.8.1984 was published on 20th October 1984. The respondent No. 5 who was promoted to the post of LDA from the post of Senior Grade Typist with effect from 1.8.1976 was placed above the petitioner in the aforesaid gradation list. The respondent Nos. 6 to 10, however, were placed below the petitioner in the said gradation list. As by orders dated 17.5.1996 and 10.1...
Naren Chandra Kalita Vs. Assam State Electricity Board and ors.
Court: Guwahati
Decided on: Jan-17-2006
A.H. Saikia, J.1. Heard Mr. H. Deka, learned Senior counsel assisted by Mr. M. Islam, learned Counsel for the appellant and also Mr. B. D. Das and Mr. N. Goswami, learned standing counsel, Assam State Electricity Board (for short, 'ASEB') appearing for the respondents.2. This appeal is directed against the judgment dated 19-9-94 and decree dated 29-9-94 passed by learned Assistant District Judge, No. 1, Kamrup, Guwahati in Title Suit No. 163/90 dismissing the suit filed by the appellant as plaintiff seeking for - a) decree for declaration that the actions taken by the defendants imposing the assessment bill upon the appellant and for threatened disconnection of electricity connection of his saw mill as void, illegal and inoperative, and - b) for a permanent injunction restraining the respondents and their agents, workmen from realizing the amount of assessment bill and from disconnecting the electric service connection to his saw mill.3. The brief facts as emerged from the pleadings e...
Madan Mohan Baruah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-17-2006
Ranjan Gogoi, J.1. Heard Mr. A. M. Bujarbaruah, learned Counsel for the petitioner and Mr. H. K. Mahanta, learned Government Advocate, Assam.2. The petitioner retired as a Joint Director in the Animal Husbandry and Veterinary Department on 30.4.1994. After his retirement he was reemployed as the Managing Director of the Assam Livestock Development Corporation from which post also he retired in the year 1997. In fact, the petitioner, prior to his retirement from the post of Joint Director, was on deputation in the Corporation as the Managing Director. While rendering service in the Corporation as its Managing Director the petitioner is alleged to have committed financial irregularities in respect of an amount of Rs. 13 lakh (approximately) and that is why the regular pension and other retirement benefits of the petitioner have not been paid till date. It is the aforesaid action of the State in withholding the regular pension and other retirement benefits of the petitioner which is the ...
Rajiv Bansal Vs. Marcofed Employees Union
Court: Guwahati
Decided on: Jan-17-2006
B. Sudershan Reddy, C.J.1. This appeal preferred under Section 19 of the Contempt of Court Act, 1971 (hereinafter for short referred to as 'the Act') is directed against the order dated 4.12.2003 made in Contempt Petition No. 33(K)/2003 by a learned Single Judge of this Court whereby and whereunder the learned Judge directed the appellant herein to pay fine of Rs. 2000 (Rupees two thousand only) 'for disregarding the order of this Court'. The said fine amount is directed to be deposited before the Registrar of the Court and the same to be released to the Kohima High Court Bar Association, Kohima. The learned Judge, however, accepted the unconditional apology tendered by the appellant who was present in the Court.2. Mr. D.K. Mishra, learned senior counsel appearing for the appellant in this appeal submits that the impugned order passed by the learned Single Judge suffers from incurable infirmities requiring interference of this Court in exercise of appellate jurisdiction. Learned senio...
Smt. Khumanthem Ongbi Pangabam Ningol Ibemhal Devi Vs. State of Manipu ...
Court: Guwahati
Decided on: Jan-13-2006
T. Nandakumar Singh, J.1. Heard Mr. I. Lalitkumar Singh, learned Sr. counsel assisted by Mr. S. Niranjan Singh, learned Counsel appearing for the petitioner and also Mr. Th. Ibohal Singh, learned G.A. appearing on behalf of the respondents 1 to 4 as well as Mr. C. Kamal Singh, learned CGSC for the respondents 5 and 6.2. The fact, stated in short, of the petitioner's case is that the petitioner is the mother of one late Khumanthem Jugindro alias Jayendra Singh who was arrested by the personnel of 16th Sikh Regiment on 27-1-1998 and died due to torture by the personnel of the 16th Sikh Regiment while he was in their custody. By this writ petition, the petitioner is seeking for directions to the respondents:(1) to pay adequate amount of compensation and ex-gratia for causing custodial death of late Khumanthem Jugindro Singh alias Jayendra Singh;(2) to issue a direction to make an inquiry into the case by a competent court and to punish the wrongs if the need arises;(3) to pass any order ...
Apurba Borkakoti Vs. Assam State Transport Corporation and ors.
Court: Guwahati
Decided on: Jan-10-2006
Ranjan Gogoi, J.1. An order dated 31.1.2005 promoting of the respondent Nos. 4 and 5 to the post of Divisional Superintendent in the Assam State Transport Corporation (hereinafter referred to as the ASTC) is the subject-matter of challenge in the present writ petition.2. The facts, in brief, may be noted at the outset:The petitioner is presently holding the post of Station Superintendent in the Corporation. The respondents 4 and 5, who were promoted to the next higher post of Divisional Superintendent by the impugned order dated 31.1.2005, are admittedly junior to the petitioner in the rank of Station Superintendent. According to the petitioner, the criteria of promotion to the post of Divisional Superintendent, as all along applicable in the Corporation, is one of seniority. However, prior to the impugned promotion order of the respondents, the authority of the Corporation had altered the prevailing criteria to one of merit only to defeat the legitimate entitlement of the petitioner....
Dinesh Chandra Kakati Vs. Gauhati University and ors.
Court: Guwahati
Decided on: Jan-09-2006
Amitava Roy, J.1. The petitioner has questioned the validity of the letter dated 15.02.2005 of the Registrar In-charge, Gauhati University (hereinafter also referred to as the 'University'), intimating him of his date of superannuation from service to be 28.02.2005, on completion of 60 years of age. This Court, while, issuing notice of motion on 23.02.2005, however, did not grant any interim protection to him.2. I have heard Mr. G. Uzir, learned Counsel for the petitioner and Mr. Seikh Muktar, learned Standing Counsel, Gauhati University.3. According to the petitioner, he had passed the matriculation examination under the University in the year 1961. After a brief stint, as Subordinate Engineer with the PWD Assam, from 1966-1970, he applied for the post of Estate Officer in the University in response to an advertisement to the said effect in the year 1979. After his selection, he was appointed as Estate Officer on 12.05.1980 and he accordingly joined the post on 23.06.1980. The petiti...
Bijita Saha and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jan-06-2006
A.B. Pal, J.1. In this writ petition, the only question this Court is called upon to decide Is whether in the undisputed facts and circumstances of this case, a writ Court can direct the State Government to construct and establish a District hospital In a particular location by invoking the doctrine of Promissory Estoppel.2. The factual position being almost undisputed, the controversy in the present proceeding lies in a narrow compass. Fifteen petitioners herein are either residents of Chandrapur village or have lands in that village and they like other people of the village are very much keen to have the District hospital of South Tripura district established in that village. They have filed the writ petition for lawful demand and legal interest of general public of their locality as claimed in para 2 of the said petition. It is their contention that in the year 1988, Sri Kashiram Reang, the then Minister of Health & Family Welfare had taken a decision to establish the South Tripura...
Oil and Natural Gas Corporation Ltd. and anr. Vs. Union of India (Uoi) ...
Court: Guwahati
Decided on: Jan-06-2006
I.A. Ansari, J.1. I have heard Mr. P.B. Choudhury, learned Counsel for the petitioners, and Mr. D. Choudhury, learned Central Government Standing Counsel, appearing on behalf of the respondent Nos. 1 and 2.1 have also heard Mr. M. Dutta, learned Counsel appearing on behalf of the respondent Nos. 3 and 4.2. Following a dispute raised by the Union of Contractual Workers under the Management of Oil and Natural Gas Commission (in short, 'the ONGC), seeking regularization of its 425 members, a reference was made to the Industrial Tribunal, Guwahati, Assam, by notification, dated 28.8.1990, published by the Government of India, Ministry of Labour, the issue framed for the reference being, thus, 'whether the demand of the ONGC Contractual Worker's Union, Silchar, on the management of ONGC, Cachar Project, Silchar, for regularisation of the services of the contractual workers is justified If so, what reliefs are the workmen concerned entitled to This reference came to be registered as Referen...
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