Guwahati Court April 2006 Judgments
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Special Secretary to Nagaland, Home Department and anr. Vs. Berila
Court: Guwahati
Decided on: Apr-12-2006
I.A. Ansari, J.1. Both these appeals have arisen out of the award, dated 22nd June, 2005, passed in MAC Case No. 152/2002 and MAC Case No. 153/2002, by the Motor Accident Claims Tribunal, Dimapur, Nagaland whereby diverse sums of money have been granted, in favour of the claimant-respondents, as compensation.2. As both these appeals have arisen out of the common award aforementioned and as, on the request made by the learned Counsel for the parties, both these appeals have been heard together, we dispose of these appeals by the common judgment and order.3. The material facts and various stages leading to the present appeals may, in brief, be set out as follows:(i) Two claim applications under Section 166 of the Motor Vehicles Act, 1988 (in short, the M.V. Act, 1988), were made by the persons, who had claimed themselves to be the legal representatives and dependants of two constables, namely, Constable No. 60793, late Zungkum Yimchunger and Constable No. 60783, late Tharongse, the cla...
Special Secy., Govt. of Nagaland and anr. Vs. Ladsie and ors.
Court: Guwahati
Decided on: Apr-12-2006
I.A. Ansari, J.1. Both these appeals have arisen out of the award, dated 22.6.2005, passed, in MAC Case No. 194/2003 and MAC Case No. 195/2003, by the Motor Accident Claims Tribunal, Dimapur, Nagaland, whereby diverse sums of money have been granted, in favour of the claimant-respondents, as compensation.2. As both these appeals have arisen out of the common award aforementioned and as, on the request made by the learned Counsel for the parties, both these appeals have been heard together, we dispose of these appeals by this common judgment and order.3. The material facts and various stages leading to the present appeals, may, in brief, be set out as follows:(i) Two claim applications under Section 166 of the Motor Vehicles Act, 1988 (in short, 'the M.V. Act, 1988'), were made by the persons, who had claimed themselves to be the legal representatives and dependents of two constables, namely, Constable No. 61919, late Saingam Kuki and Constable No. 62441, late Tangsai Khiamungan. The c...
Protosius Lyngdoh Vs. State of Meghalaya and anr.
Court: Guwahati
Decided on: Apr-11-2006
Ranjan Gogoi, J.1. A common projection against separate but identical orders dated 16.7.1992 removing each of the petitioners from service by invoking the power under Clause (c) of the proviso to Article 311(2) of the Constitution, being discernible, all the writ petitions were heard analogously. The subject-matter of the fifth case, i.e., W.P.(C)No. 161 of 2001 being with regard to the entitlement of two of the petitioners to retain the official accommodation allotted to them has also been heard together.2. The writ petitioner in W.P.(C) No. 252(SH) of 2002, Sri P. Lyngdoh, was appointed as a Constable in the Special Branch of the Meghalaya Police on 12.5.1982. Likewise, the petitioner in W.P.(C) No. 253(SH) of 2002, M. Momin, was appointed-as a Armed Branch Constable in the Meghalaya Police on 24.5.1976. On the other hand, the petitioner in W.P.(C) No. 405(SH) of 2002, C. N. Vijayen was appointed as an Unarmed Branch Constable on 21.8.1991 whereas the petitioner in W.P.(C) No. 406(S...
Sudhendu Mohan Talukdar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-06-2006
B.P. Katakey, J.1. By this batch of writ petitions the petitioners are in basically claiming salaries, to which according to them they are entitled to, for the period, they have rendered their service pursuant to the orders of appointment issued by the authority.2. For better appreciation gist of facts and reliefs claimed by the petitioners in each writ petition are given bellow:I. W.P.(C) No. 2147 of 1999The petitioner was appointed as stipendiary teacher with monthly stipend of Rs. 900 with condition sending for training and payment of regular time scale of pay after successful completion thereof vide order dated 11.11.1998 issued by the Deputy Inspector of Schools, and by the present writ petition has claimed payment of such stipend, which, according to him has not been paid since jointing and also for sending them for training. The petitioner also claims that such appointment order was issued pursuant to the selection.II. W.P.(C) No. 2880 of 2000Petitioner has claimed, the payment...
Usha Rani Das and ors. Vs. Shanti Ranjan Paul
Court: Guwahati
Decided on: Apr-06-2006
H.N. Sarma, J.1. This revision petition arises an interesting question for consideration as to whether on the tone of finding of the courts below to the effect that the suit premises is required to the plaintiff-landlord for her bona fide use and occupation, the relief for recovery of khas possession by ejecting the defendant-tenant could be refused by operation of Article 67 of the Limitation Act.The plaintiff-petitioners, as landlord, filed the Title Suit No. 69 of 1989 on 23.9.1989 in the court of learned Munsiff, Tinsukia impleading the present respondent as the sole defendant praying for following relief's:(i) A judgment and decree against the defendant for the ejectment along with his dependents and belonging from the suit premises and for delivery of khas-possession thereof unto the plaintiff.(ii) A decree for recovery of Rs. 1,800(iii) Future compensation @ Rs. 50 per month till the date of eviction,(iv) Cost of the suit(v) Any other relief, under law equity and justice.2. The...
Sivasagar District Bus Owners Association Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-05-2006
A.H. Saika, J.1. Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr. N.A. Singh, learned Counsel for the petitioner. None appears for the State-respondents when the matter is taken up for admission hearing.2. Keeping in view the issue raised in this writ petition and also upon hearing the learned Counsel for the parties, this Court proposes to disposes of this writ petition today itself at the admission stage.3. Section 117 of the Motors Vehicles Act, 1988 (for short, 'the Act') reads as under :117. Parking places and halting stations. ~ The State Government or any authority authorized in this behalf by the State Government may in consultation with the local authority having jurisdiction in the area concerned determine places at which motor vehicles may stand either indefinitely or for a specified period of time and may determine the places at which public service vehicles may stop for a longer time than in necessary for the taking up and setting down of passengers.3A. In...
Assam Roller Flour Mills Association and anr. Vs. State of Assam and a ...
Court: Guwahati
Decided on: Apr-05-2006
R.B. Misra, J.1. In these petitions common prayer has been made declaring Rule 6A(2) of the Assam General Sales Tax Rules, 1993 in short, called 'the Rule 1993' to be ultra vires and illegal and for issuance of mandamus or directions to the State respondents not to levy, realise or collect tax on the value of containers, i.e., the exempted goods supplied free of cost to the customers and to stay the operation of '6A(2)' rules in the meantime.2. The petitioner No. 1 is an association of roller flour mills in Assam, registered under the Societies Registration Act, 1860 and is represented by its General Secretary representing thirty-two flour mills of the North East Region mainly engaged in the business of converting wheat into different wheat products and selling wheat products packed in gunny bags to the customers as the cheapest and convenient mode of transport and no price whatsoever is charged for the said containers, as in such supply the containers are supplied free of cost.3. The...
Shri Yumnam Anand Meitei Alias Bocha Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Apr-05-2006
T. Nandakumar Singh, J.1. By this writ petition, orders of thee District Magistrate, Tamenglong being No. Cri/NSA/02/2005 Tamenglong, the 16th September, 2005 by exercising the powers conferred under Sub-section (3) of Section 3 of the National Security Act, 1980 read with Home Department's Order No. 17(1)/49/80 S(Pt) dated 31-5-2005 for detaining the present petitioner, Shri Yumnam Anand Meitei alias Bocha alias Kora alias Suraj, order of the State Govt. being No. 17(1)/943/2005-S Imphal the 26th September, 2005 for approving the said detention order passed by the District Magistrate, Tamenglong District dated 16-9-2005 and also the order of the Govt. of Manipur being No. 17(1)/943/2005 Imphal the 25th October, 2005 for confirming the detention orders passed by the District Magistrate, Tamenglong District dated 16-9-2005 and also for fixing the period of detention for 12 months from the date of detention had been put to challenge mainly on the grounds that there are inordinate delay ...
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