Guwahati Court March 2006 Judgments
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Nripen Sarma Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-24-2006
B.K. Sharma, J.1. The writ petitioner who was appointed as Sepoy under the respondents is aggrieved by the order of dismissal from service passed against him pursuant to a Summary Court Martial. His petition against the order pursuant to the Summary Court Martial has also been rejected. Hence, this writ petition.2. Adverting to the facts of the case, the petitioner was appointed as Sepoy under the respondents pursuant to his participation in a recruitment rally organized by the respondents and his selection thereof. After serving as such in different places, he was lastly posted at Dimapur (Nagaland). He was sent for training in 1984 and on successful completion of the same, joined as Sepoy at 309, Field Ambulance at Merut (UP) in 1987. While he was serving as such, a Court of enquiry was initiated against him by an order issued on 23.09.97.3. The allegations against the petitioner was that he committed rape/attempted to commit rape on one of the indoor patients in the hospital. The C...
Prag Electrical Pvt. Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-23-2006
A.H. Saikia, J.1. Heard Mr. U. Bhuyan, learned Counsel for the petitioner and Mr. K.C. Mahanta, learned State Counsel appearing for the official respondents.2. All these three writ petitions i.e. W.P. (C) No. 4892/05, WP (C) No. 4893/ 05 and WP (C) No. 4894/05 have been taken up for analogous hearing as they carry common question of law as well as facts and, accordingly, they are being disposed of by this common judgment.3. In WP (C) No. 4892/05, the petitioner, by satisfying the work order dated 5.6.2000, submitted two bills being No. 20/2000-2001 dated 18.10.2000 for Rs. 52,155.00 and bill No. 19/2000-2001 dated 18.10.2000 for Rs. 1,16,416 i.e., in total Rs. 1,68,571/-. Out of this amount, Rs. 50,000/- has remained unpaid till date. That being the position, the petitioner has sought for a direction from this Court to the respondents/authorities to make the payment of the balance amount as indicated above with interest as admissible under the Interest on Delayed Payments to Small Sca...
Mohit Ch. Saikia Vs. Md. Lal Mian
Court: Guwahati
Decided on: Mar-23-2006
P.G. Agarwal, J.1. Heard Mr. K.K. Mahanta, learned senior counsel appearing for the appellant and Mr. B.K. Goswami, learned senior counsel appearing for the respondent.The appellant plaintiff instituted a Title Suit No. 157/93 for declaration of his right, title interest over the suit land and for recovery of possession and for removal of the constructions made by the respondent-defendant.The suit was contested by the defendant and the trial court framed as many as eight issues and thereafter dismissed the suit as not maintainable. Title Appeal No. 24/96 was preferred before the Civil a Judge, Senior Division, Nagaon and vide impugned judgment the appellant court affirmed the judgment and decree passed by the trial court and, hence, the present appeal.We find that both the courts below have dismissed the suit of the plaintiff appellant solely on the ground that there was earlier a suit between b the parties where the right title was decreed and the possession was handed over to the pl...
Viswanath Bogar Vs. Gyarasilal Agarwalla
Court: Guwahati
Decided on: Mar-23-2006
P.G. Agarwal, J.1. Heard Mr. C.K. Sharma Baruah learned senior counsel for the appellant and Mr. N. Choudhury, learned Counsel for the respondent.2. The brief facts leading to the present second appeal may be noted. The present appellant/plaintiff, Sri Vishwanath Bogar instituted a Title Suit No. 63/96 before the Civil Judge (Junior Division) No. 1 Sivasagar for eviction of the respondent/defendant, Sri Gyarsilal Agarwal from the suit premises and the eviction was sought on the ground of default and bona fide requirement as provided under the Assam Urban Areas a Rent Control Act, 1972 (for short the 'Act') The said Title Suit was decreed ex parte on 9.9.1996 and thereafter the execution proceeding was initiated arid on execution of the said proceeding the plaintiff got delivery of possession of the suit premises. On 18.11.1996, the respondent-defendant filed application under Order 9, Rule 13 of the . CPC for setting aside the ex parte decree and thereafter vide Order dated 14.6.1999,...
Md. AlauddIn Vs. State of Assam
Court: Guwahati
Decided on: Mar-22-2006
I.A. Ansari, J.1. By the judgment and order, dated 24.8.1999, passed in Sessions Case No. 4/98, by the learned Sessions Judge, Karimganj, the accused-appellant stands convicted under Section 302 IPC and sentenced to suffer imprisonment for life with a fine of Rs. 2,000 and, in default of payment of fine, to suffer rigorous imprisonment for a further period of one month,2. The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows:Deceased Ayarunnessa was the wife of the accused-appellant, Md. Alauddin and they used to live together. Soon after his marriage with Ayarunnessa, the accused started having, quite often, quarrels with his wife and started assaulting he too. The parents and other relatives of the said deceased used to prevail upon the accused and bring about a compromise between the husband and the wife. On 11.9.1997, in the morning, Ayarunnessa made a complaint to their neighbour, Abdus Salam (P.W. 2), that her husband had taken awa...
State of Tripura Vs. Sabitri Salt Suppliers
Court: Guwahati
Decided on: Mar-22-2006
A.B. Pal, J.1. The above appeal and cross-appeal are against the judgment and order dated 21.01.2000 passed by learned District Judge, West Tripura, Agartala in Misc. (Arb.) No. 6 of 1999 whereby the award dated 28.12.1998 passed by the sole arbitrator in Arbitration Ref. No. 4/1998 has been affirmed.2. Iodised salt being an essential commodity, the State Government collect the same from Jamnagar Zone, West Coast, Gujarat for sale at subsidized rate through fair price shops under Public Distribution System (for short PDS). On the requisition of the State Government, the Salt Commissioner allotted iodised salt for the year 1996, which was to be lifted from that zone. The State Government (appellants herein) invited tenders in two spells for six months each for lifting and carrying the allotted salt from Jamnagar to Central Stores at Agartala and the godowns at Dharmanagar within the State and the respondent herein was selected for the job, its offered rate being acceptable. For the per...
Motilal Cheran Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Mar-21-2006
Ranjan Gogoi, J.1. An Order dated 27.7.1996 removing the petitioner from service passed by the Superintendent of Police, West Garo Hills District, Tura has been assailed in the present writ petition.2. The brief facts that will be required to be noticed for an effective adjudication of the questions raised are as follows:The petitioner, at the relevant point of time, was a Sub-Inspector in the Meghalaya Police. On 22.1.1991, a charge memo was issued against the petitioner alleging misconduct and negligence in performance of duties. The facts stated in the charge memo dated 22.1.1991 are that, on 25.12.1990, the petitioner was detailed for duty to proceed to William Nagar to arrest an accused. He had gone to that place armed with a service revolver and 12 rounds of ammunitions. On 27.12.1990, at about 6:30 PM, the petitioner is alleged to have consumed liquor with one LNK Noliston Marak of 2nd MLP Bn. in the house of Bindu was while on duty armed with the service revolver and the ammun...
Kitply Industries Ltd. Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Mar-21-2006
B.K. Sharma, J.1. All the three writ petitions by and between the same parties, being based on same set of facts and the issue involved in all the three writ petitions being the same, they have been heard analogously and are being disposed of by this common judgment and order.2. Amidst the writ proceedings initiated by the petitioners one after another, the first one being of 1987, the notices to show cause issued against the petitioner under Rule 233A of the Central Excise Rules, 1944 and the actions initiated thereunder including the passing of the final order dated 31-10-2001 are yet to attain the finality.3. The petitioner, a company registered under the Companies Act, 1956, represented by the petitioner No. 2 is engaged in the business of manufacture and sale of plywood products. Formerly the company was known as Sudarsan Plywood Industries Ltd. (SPI) This company was merged with another company namely Himalayan Plywood Industries (P) Ltd. (HPI) with effect from 1-9-85 and in ter...
Debabrata Saikia Vs. the Union of India (Uoi)
Court: Guwahati
Decided on: Mar-20-2006
B.K. Sharma, J.1. This criminal revision is directed against the order passed by the learned Special Judge, CBI, framing charge against the petitioner.2. I have heard Mr. A. K. Bhattacharya, learned Sr. Counsel, assisted by Mr. A. K. Das, learned Advocate for the petitioner. I have also heard Mr. D. K. Das, learned Sr. Counsel and standing counsel, CBI, assisted Mrs. M. K. Devi, learned Advocate.3. The petitioner along with 37 others have been arraigned as accused persons in Special Case No. 81/2004 now pending in the Court of the learned Special Judge, CBI, Guwahati. The petitioner is the accused No. 32. The Deputy Superintendent of Police, CBI, Special ACU-II, New Delhi filed charge-sheet dated 15-7-1998 on the basis of the investigation of the case No. RC. 3(A)/94-ACU-II dated 17-5-1994.4. The prosecution can as set up in the charge-sheet and the documents filed along with the charge-sheet is that a case under Sections 120-B, 409, 468, 420, IPC and Section 13(2) read with Section 1...
National Insurance Company Ltd. Vs. Subir Das and anr.
Court: Guwahati
Decided on: Mar-17-2006
T. Vaiphei, J.1. This writ petition under Article 227 of the Constitution of India is directed against the judgment and award dated 2.8.2001 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala (Court No. 2) in T.S. (MAC) 22 of 1997 awarding a compensation of Rs. 5,07,000 with interest @ 9% per annum from the date of filing the claim petition in favour of the respondent No. 1. The award further directed therein that if the compensation with the accrued interest was not paid within two months, the interest should be paid 12% per annum.2. Heard Mr. A. Lodh, learned Counsel for the petitioner and Mr. A.K. Bhowmik, learned senior counsel for the respondent No. 1.3. At the outset, Mr. A.K. Bhowmik, learned senior counsel for the respondent No. 1 raised a preliminary objection on the maintainability of the writ petition following the decision of the Apex Court in Sadhana Lodh v. National Insurance Co. Ltd. : [2003]1SCR567 by submitting that when the petitioner is barred from...
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