Guwahati Court December 2006 Judgments
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Biman Ranjan Dhar Choudhury Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-07-2006
R.B. Misra, J.1. Heard Mr. D. Chakraborty, learned Counsel for the appellant. Also heard Mr. T.D. Majumder, learned Counsel for the State-respondents.2. The present appeal has been preferred against the judgment and order dated 10.05.2001 passed by the learned Single Judge of this Court in writ Petition/Civil Rule No. 529 of 1996 whereby the prayer of the writ-petitioner to quash the impugned order No. F. 2(5)-E/74(EC)(L-2), dated 24.05.1996 of Director of School Education, Government of Tripura to recover to two advance increments provided to him as a policy measure to call off the strike and to join duties during the period of mass strike of Tripura Government employees in the year 1974-75 was rejected. The said Writ Petition/ Civil Rule was dismissed by the impugned order dated 10.05.2001 absence of the appellant.3. We have heard the learned Counsel for the parties and we find that the writ petitioner/appellant is a Govt. servant serving in the State of Tripura and during the perio...
Nur Ali (Md) Vs. Thambal Sana Bibi
Court: Guwahati
Decided on: Dec-07-2006
B.D. Agarwal, J.1. This Revision Application has been filed by the husband under Section 19(4) of the Family Court's Act, 1984 challenging the order dated 08.03.2004 passed by the learned Judge, Family Court, Manipur in Criminal Misc Case No. 9 of 2003. By the said order the learned Trial Judge has awarded maintenance at the rate of Rs. 500/- (Rupees five hundred) per month to the wife of the present petitioner.2. I have heard Shri Ng. Kumar, learned Counsel for the petitioner. None represented the wife/respondent. Hence, Shri L. Sharat Sharma was appointed as Amicus Curiae.3. An application for maintenance was filed by Ms. Thambalsana Bibi in the year 2000 stating that she was a widow and about eight years ago she was married by Md. Nurali. According to the respondent, after maintaining marital relation she was neglected by her husband. Hence, the respondent prayed for maintenance allowance at the rate of Rs. 1500/- per month, but she was awarded only a sum of Rs. 500/- per month.4. ...
Shri Ganga Fisherman Samabay Samity Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-07-2006
B.P. Katakey, J.1. Pursuant to a Notice Inviting Tender (in short, the NIT), dated 17.04.2006 issued by the Deputy Commissioner, Darrang, for settlement of No. 2 Sootia Brahmaputra Fishery (classified under 60%) for a period of 7(seven) years with effect from 19.06.2006, the writ petitioner (appellant herein) as well as respondent No. 5/- settlement holder, alongwith four other tenderers submitted their tenders quoting different rates. The bid offered by the respondent No. 5 was found to be the second highest and that of the writ petitioner as third highest. The Government of Assam, in Fishery Department vide order dated 19.06.2006, settled the said fishery in favour of the respondent No. 5, he being the second highest bidder, rejecting the claim of the highest bidder, namely, Md. Hanif Ali on the ground that the fishery in question, being 60% fishery is available for settlement to the co-operative society only and the highest bidder being an individual and not a co-operative society,...
Dipankar Chakraborty and ors. Vs. State Bank of India and ors.
Court: Guwahati
Decided on: Dec-06-2006
Hrishikesh Roy, J.1. The three petitioners in the present case have sought a direction of the court for regularization of the petitioners' services as Messengers in the respondent State Bank of India, Agartala Branch and have also sought further direction for payment of salary/wages for the period from 8.7.1993 to 22.4.1995 from the Bank.The petitioners claim to have joined in the staff canteen of the Bank on various dates under a person who was managing the said canteen. Eventually, the canteen was taken over by the Bank on 8.7.1993 and a claim has been put forward that the Bank had engaged them as Messengers under Bank's Branch from 8.7.1993 onwards. The three petitioners claim to have continued working in the said capacity till 22.4.1995 on daily wage basis and were aggrieved by a direction given by the respondent-Manager on 22.4.1995 that they need not come for their work from the next date onwards.2. The three petitioners being aggrieved approached the Labour authorities for inte...
State of Assam and ors. Vs. Rimki BuragohaIn and ors.
Court: Guwahati
Decided on: Dec-06-2006
1. This batch of writ appeals, heard analogously, is directed against the judgment and order dated 12.12.2005 disposing of 222 writ petitions filed challenging the legality and validity of selection of constables in the police department of the State. By the impugned judgment and order, the learned Single Judge while upholding selections in respect of 10 districts/battalions has set aside and quashed the selections of other districts/battalions. The writ appeals are against that part of the judgment by which the selections in respect of 15 districts/battalions have been set aside. The appeals have been preferred both by the State as well as by the selected candidates. The districts/battalions, selections of which have been upheld and cancelled are indicated below: UPHELD1. GOLAGHAT 2. NALBARI3. KOKRAJHAR 4. ARBIANGLONG5. NC HILLS 6. DIBRUGARH7. NORTH 8. DHEMAJI LAKHIMPUR9. TINSUKIA 10. BONGAIGAON CANCELLEDll. DHUBRI 12. KARIMGANJ13. HA1LAKAND1 14. CACHAR15. SIBSAGAR 16. JORHAT17. NAGA...
Hindustan Paper Corpn. Ltd. and anr. Vs. L.M. Marketing and ors.
Court: Guwahati
Decided on: Dec-06-2006
H.N. Sarma, J.1. The subject matter of challenge in this batch of revision petitions filed under Article 227 of the Constitution of India is the impugned order dated 23.6.2004 passed by the learned Civil Judge (Senior Division) Morigaon, deciding the 2 petitions namely the petition No. 298/2004 and petition No. 256/2004 filed under Order 6, Rule 17, CPC. The first one was filed by the defendants and the second one by the plaintiffs in Money Suit No. 11/2003.2. CRP No. 426/06 has been filed by the plaintiff whereas the other there have been filed by the defendants.Since the matter pertains to the common impugned order requiring to decide the legality and validity of the same, all the petitions are heard analogously as agreed to by the learned Counsel for the parties.3. I have heard Mr. J. Roy, learned Counsel for the petitioners in CRP 426/2006 and Mr. S.S. Dey, learned Counsel appearing on behalf of the respondents in the other petitions.4. The petitioners in CRP 426/2006 instituted t...
Kripesh Chandra Roy Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-05-2006
H. Roy, J.1. The writ petitioner who was a Constable in the Central Reserve Police Force (CRPF) has filed the present petition challenging the finding dated 22.03.1999 of the Inquiry officer. The Inquiry officer found the petitioner and two others guilty of the charge pertaining to allegations of running away from their post and leaving their weapons behind, when another Constable Surendra Yadav started firing heavily and indiscriminately from his SLR Butt No. 281 around the camp and the further allegation that the petitioner and others did not take any action or initiative to prevent the said Constable Surendra Yadav from firing and did not overpower him to avert the untoward incident of killing of their Platoon Commander SI N.N. Pandey. On the basis of the said allegation, the petitioner and two others were charged as having acted with cowardice and fleeing instead of tackling the situation with bravery and determination and ensuring protection of their Platoon Commander.The petitio...
Madnani Construction Corporation P. Ltd. Vs. Commissioner of Income-ta ...
Court: Guwahati
Decided on: Dec-05-2006
D. Biswas, J.1. This appeal is directed against the order dated May 29, 2002, passed by the learned Income-tax Appellate Tribunal, Guwahati Bench, Guwahati, in I.T.A. No. 17 (Gauhati) of 1997. The appeal was admitted by this Court by the order dated February 7, 2003. By the order dated June 27, 2006, the question of law formulated at the time of admission of the appeal was recast as:Whether, in the peculiar facts and circumstances existing in the NE States during the relevant year of assessment, the Tribunal is justified in confirming rejection of the books of account by the Assessing Officer and computing the net income of the assessee on the basis of 6 per cent, of the net receipts following the principles of best judgment assessment?2. We have heard Mr. G.K. Joshi, learned senior Counsel for the appellant, and Mr. U. Bhuyan, learned standing counsel for the Revenue.3. The appellant is a private limited company engaged in execution of works contracts. During the relevant period of ...
R.K. Bimol Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-05-2006
I.A. Ansari, J.1. By judgment and order, dated 7.12.2004, passed in WP(C) No. 69/2002, a learned Single Judge of this court has dismissed the writ petition, whereby the petitioner sought for, inter alia, a direction to the State respondents to pay him his retiral benefits under the scheme of voluntary retirement of the Government of Manipur.2. We have heard Mr. N.K. Singh, learned senior counsel for the appellant, and Mr. N. Ibotombi, learned Government Advocate, appearing on behalf of the respondent No. 3.3. Before we turn to the facts, which are in dispute in the present appeal, we may set out some of the material facts, which are not in dispute. The Government of Manipur, under its office memorandum, dated 15.3.1978, has a scheme of voluntary retirement for its employees. This scheme comes into operation in respect of persons, who have completed 20 years of qualifying service for the purpose of pension and gratuity with a weightage of upto five years towards qualifying service, whe...
United India Insurance Co. Ltd. Vs. Recharson @ Akhai @ Yaokhai and an ...
Court: Guwahati
Decided on: Dec-05-2006
B.D. Agarwal, J.1. This appeal is directed against the award dated 30.10.2002 passed by the learned Commissioner, Workmen's Compensation, Manipur, Imphal in Claim Case No. 16 of 2000. By the said award, the learned Commissioner has awarded a sum of Rs. 2,02,415/- as total compensation in favour of the workman with interest @ 12% per annum along with this amount. The Commissioner has also awarded a sum of Rs. 2.815 being the interest for non-payment of half-monthly wages within the statutory period prescribed under Section 4(1)(d) read with Sub-section 2 of Workmen's Compensation Act, 1923 (hereafter referred to as the 'Act' in short). The Commissioner has ordered that the principal amount of compensation is payable by the Insurance Company whereas the interest amount of Rs. 2815/- is payable by the owner/OP No. 1. Being aggrieved with this award, M/s United India Insurance Co. Ltd. has preferred this appeal under Section 30 of the said Act.2. I have heard Shri. Ch. Bimolchandra, learn...
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