Guwahati Court March 2006 Judgments
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Amal Kumar Baruah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-07-2006
Ranjan Gogoi, J.1. An Order dated 21.7.2001 dismissing the petitioner from service on a charge of bigamy after holding a departmental enquiry into the said charge is the subject-matter of challenge in the present writ petition.2. The facts, in brief, may be noticed at the outset.At the relevant point of time, the petitioner, Shri Amal Kumar Baruah, was working as an Armed Branch Constable. On 3.4.1997 one Smti. Minu Baruah claiming to be the legally married wife of the petitioner submitted a petition before the Superintendent of Police, North Lakhimpur informing the said authority that the petitioner had married another girl on 26.3.1997 and, thereafter, he had not been extending any financial assistance to the complainant and her four children. The Superintendent of Police, North Lakhimpur examined the petitioner in his office on 7.4.1997 in the course of which the petitioner allegedly confessed that he had, indeed, contracted a second marriage. Thereafter, a formal charge memo was i...
Union of India (Uoi) and ors. Vs. Mumtaz Ahmed
Court: Guwahati
Decided on: Mar-07-2006
I.A. Ansari, J. 1. This is an appeal made under Section 173 of the Motor Vehicles Act, 1988 (in short, MV Act, 1988) against the award, dated 10.5.2005, passed by the learned Member, MACT, Nagaland, Dimapur, in MACT Case No. 169 of 2002, whereby the learned Tribunal has directed the appellant herein to pay to the claimant/respondent a sum of Rs. 5,19,176 as compensation with further direction that the payment shall be made within a period of one month from the date of the award and, in default thereof, to pay interest @ Rs. 9% p.a. on the awarded amount from the date of filing of the Claim Petition, i.e., from 5.10.2002, till the date of payment of the entire awarded amount2. We have heard Mr. P.B. Paul, learned CGSC appearing on behalf of the appellant, and Mr. A.R. Sharma, and learned Counsel appearing for the claimant-respondent.3. The claimant-respondent herein instituted a Claim petition seeking compensation under Section 166 of the MV Act, 1988, against the appellant and 3 other...
HussaIn Ali and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-06-2006
P.G. Agarwal, J.1. On a reference made by the learned Single Judge of this Court, the present writ petitions have been placed before this Special Bench constituted by the hon'ble Chief Justice.2. We have heard the learned Counsel for the petitioners and the learned Government Advocate.3. The matter relates to appointment to the post of Veterinary Field Assistants, for short 'VFA' in the State of Assam. It has a long and chequered history. In order to fill up 95 existing vacancies and 48 anticipated vacancies to the post of VFA, a notice was issued by the Director, Animal Husbandry and Veterinary Department, Assam and, thereafter, vide order dated 5.7.1996 a Selection Committee was constituted by the Director and the said Selection Committee selected 125 candidates on the basis of their merit position in the School Merit List. It may be mentioned here that at the relevant point of time there was no service rule governing the appointment of VFA.4. There was a School of Veterinary Scienc...
State of Nagaland and ors. Vs. Raj Bhandar Gurung
Court: Guwahati
Decided on: Mar-06-2006
I.A. Ansari, J.1. Heard Its. Y. Longkumer, learned Government Advocate appearing on behalf of the appellants and Mr. T. Koza learned Counsel appearing on behalf of the writ petitioner/respondent.2. The writ petitioner was initially appointed as a workcharge Painter by order, dated 9.7.1975. This engagement of the petitioner was converted into contract service, with effect from 30.1.1981, by order, dated 26.3.1981. On attaining the age of superannuation, the petitioner was, on the strength of this order, dated 26.9.2001, issued by the Project Engineer, Police Engineering Project Division, Chumukedima, Nagaland released as having retired with effect from 30.9.2001. After retirement of the petitioner, a letter was issued, on 21.2.2002, by the Inspector General of Police (HQ). Nagaland, addressed to the Home Commissioner, Government of Nagaland, requesting regularisation of the service of the petitioner so as to enable the petitioner to receive pension and pensionary benefits on the groun...
David Kinghen Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Mar-03-2006
I.A. Ansari, J.1. The present one is a case, which demonstrates utter lack of sensitivity of the State in dealing with the family of one of its citizens. The State, in the present case, as would transpire shortly, kept, with the help of its sheer might and not on the strength of any law, not only the petitioner's predecessor-in-interest, but also the petitioner deprived from the enjoyment of their landed property for a number of years. If allowed to go unchecked, cases, such as the present one, would breed frustration. If the Court, in a case, as serious as the present one, does not step in promptly and give, within the ambit of law, adequate reliefs to the person(s) concerned, the annoyance, frustration and helplessness of persons, such as, the present petitioner, would give rise to fissiparous tendencies in the society, make people lose trust and confidence in the system of governance itself. Casualty of such circumstances would be peace in the society. Such a situation would not au...
New India Assurance Co. Ltd. Vs. Member, Motor Accident Claims Tribuna ...
Court: Guwahati
Decided on: Mar-03-2006
B. Sudershan Reddy, C.J.1. This batch of writ appeals and writ petitions may be disposed of by a common order, since the only question that arises for our consideration is with regard to the maintainability of the writ petitions filed against the awards passed by the Motor Accident Claims Tribunals under the provisions of the Motor Vehicles Act, 1988.2. The question is - whether a writ petition under Article 226 of the Constitution of India is maintainable against the award passed by the Motor Accident Claims Tribunal even though law provides remedy of filing of an appeal on limited grounds to the High Court and whether the grounds of challenge can be enlarged by filing petition under Article 226 of the Constitution of India as available under the provision of Section 149(2) of the Motor Vehicles Act, 1988?3. In almost all the writ petitions, the impugned awards are challenged on the ground that the awards passed and amounts awarded are exorbitant or unjust. In some of the cases irreg...
New India Assurance Co. Ltd. Vs. Imkong Toshi Jamir Alias Toshi Jamir
Court: Guwahati
Decided on: Mar-02-2006
I.A. Ansari, J.1. By the impugned award, dated 25.3.2004, passed in MAC Case No. 13/2001, the learned Member, Motor Accident Claims Tribunal, Dimapur, Nagaland has directed the appellant herein, namely, New India h Assurance Co. Ltd. to pay to the respondent herein, namely, Shri Imkong Toshi Jamir, who is the owner of Maruti Van bearing registration No. NL-01/T813 (Taxi), a sum of Rs. 3,11,509 as compensation for the injuries sustained by the owner of the said vehicle in an accident, which took place on 3.2.2000 on 39 National Highway at Dimapur.2. We have heard Mr. T.B. Jamir, learned Counsel for the appellant, and Mr. Supu Jamir, learned Counsel for the respondent.3. While considering the present appeal made under Section 173 of the Motor Vehicles Act, 1988 (in short, 'MV Act'), what needs to be noted is that in the present case, the accident, admittedly, took place due to mechanical failure, when the owner of the said vehicle was driving the vehicle, and as a result of the accident...
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