Guwahati Court June 2006 Judgments
Nipen Das and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-30-2006
R.B. Misra, J.1. In W.P.(C) No. 1771 of 2001, the petitioner has prayed for setting aside the selection of respondent No. 5, namely, Shri Shyamanta Hazarika to the post of lecturer in History made by the Special Body, Madhabdev College, Narayanpur, P.O.-Dikrong, Lakhimpur, Assam (in short called 'College') and also for a direction to the respondents to consider the petitioner to the post of lecturer in History in the said 'College' as per provisions of the Assam Scheduled Caste and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 (here-in-after referred to as 'Act' 1978).2. In W.P.(C) No. 2148 of 2001 the petitioner has prayed for declaring the interview dated 07.03.2001 as well as the select list relating to the post of lecturer in History as illegal and also for a direction to the respondents for selecting the petitioner at first preference.3. In W.P.(C) No. 1743 of 2005, the petitioner has prayed for quashing the selection and appointment of respondent No...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Shree Ganapati Rolling Mills (P.) Lt ...
Court: Guwahati
Decided on: Jun-30-2006
B. Sudershan Reddy, C.J.1. On 24.12.1997 the Govt. of India, Ministry of Industry, Department of Industrial Policy and Promotion announced its new Industrial Policy and other concessions to new industries in the North Eastern Region. The policy recognised the continued backwardness of the North Eastern Region and noted that a new and synergetic incentive package was widely felt to stimulate development of industries in the region. The origin of the new industrial policy is traceable to a statement made on October 27th, 1996 by the hon'ble Prime Minister of India and as well as the views and recommendations of various interdepartmental Committees constituted for the specific purpose to suggest remedial measures in order to accelerate the process of industrialisation in the backward North Eastern Region. The following are the salient features of the new Industrial Policy.A. Development of Industrial Infrastructure(i) Currently the funding pattern for the growth, centers envisages a Cent...
Tag this Judgment!Rajdhani Filling Station and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-30-2006
D. Biswas, J.1. The Chief Executive Officer, Guwahati Metropolitan Development Authority, in short GMDA, in exercise of powers conferred upon him under Section 88 of the Guwahati Metropolitan Development Authority Act, 1985 passed order dated 23.5.2006 directing the petitioner No. 2, owner of M/s. Rajdhani Filling Station to remove the unauthorized building/structure constructed for the purpose of establishment of a retail sales counter of petroleum products in the parking space reserved for Udesna Cinema Hall owned by the petitioner No. 2 in violation of the provisions of the GMDA Act, 1985 and the building bye-laws framed thereunder. The order further mentions that the permission granted by the Guwahati Municipal Corporation vide letter dated 25.7.2005 was revoked by the same authority by the order dated 15.12.2005. The order further discloses that the explanation given by the writ petitioners in response to the notice dated 3.2.2005 were also rejected.2. It may be mentioned here th...
Tag this Judgment!Gol Gaijairung Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jun-30-2006
B.P. Katakey, J.1. This appeal is directed against the judgment and order dated 4.4.2006 passed by the learned Single Judge in W.P.(C) No. 1283 of 2005 dismissing the writ petition filed by the appellants praying for a direction to the respondents therein to give effect to the select list prepared in the year 1999; to set aside the requisition given by the Director of Education(S) dated 7.11.2005 to the Director of Employment, Government of Manipur to furnish the list of sponsored candidates for the purpose of selection for appointment as teacher both Arts and Science graduate teacher and to appoint the appellants in terms of the select list of 1999.2. The undisputed facts involved in the present appeal is that on 3.4.1999 a requisition was sent by the Director of Education, Government of Manipur to the Director Employment for sponsoring the candidates to fill up 161 posts of graduate teacher (91 posts for Arts graduate and 70 posts for Science graduate). A written test was conducted ...
Tag this Judgment!Md. Ashanullah Vs. Md. Abdul Nessim @ Danger Bhaity and anr.
Court: Guwahati
Decided on: Jun-30-2006
I.A. Ansari, J.1. This revision is directed against the order, dated 28.6.2002, passed, in Criminal Appeal No. 08(S-1) of 2002, whereby the learned Sessions Judge, Sonitpur, has allowed the appeal of the accused-opposite party herein and set aside the judgment and order, dated 22.2.2002, passed, in GR Case No. 1346/2000, by the learned Judicial Magistrate, Tezpur, convicting the accused under Section 406 IPC. Aggrieved by the acquittal of the accused-opposite party, the present petitioner, who is the informant, in GR Case No. 1346 of 2000 aforementioned, has, impugned the acquittal of the accused-opposite party in the present revision.2. I have heard Mr. I. Uddin, learned Counsel for the informant-petitioner, and Mr. I. Hussain, learned Counsel for the accused-opposite party. I have also heard Mr. B.S. Sinha, learned Additional Public Prosecutor, Assam.3. The prosecution's case, as unravelled at the trial, may, in brief, be described as follows:On 22.1.2000, the informant, Md. Ashanu...
Tag this Judgment!Association of Corporations and Apex Societies of Handlooms Vs. Assam ...
Court: Guwahati
Decided on: Jun-30-2006
D. Biswas, J.1. This appeal is directed against the order dated 7.3.2003 passed by the learned ad-hoc Additional District Judge No. 2, Guwahati in Miscellaneous Arbitration Case No. 143/1998. By the impugned roder, the learned Judge restrained the appellant from encashing the bank guarantee till disposal of the ongoing arbitration proceedings between the appellant and the respondent.2. The appellant and the State of Bihar executed an agreement dated 5.3.1997 for supply of handloom dhoties and sarees worth Rs. 200 crore. The appellant had by the agreement dated 1.4.1997 asked the respondent No. 1 for supply of 1,16,400 pieces of handloom dhoties and an equal number of handloom sarees to the State of Bihar. In terms of Clause 2 of the agreement, the respondent No. 1 was given a sum of Rs. 32 lakh as advance against the bank guarantee dated 8.4.1997 furnished by the respondent No. 1.3; The dispute arose between the parties and the matter was referred to the Arbitral Tribunal for adjudica...
Tag this Judgment!Bhagaban Talukdar Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-29-2006
B. Sudershan Reddy, C.J.1. The unsuccessful petitioner in Civil Rule No. 3274/97 is the appellant in this Writ Appeal filed against the judgment and order dated 8.8.2002 whereby and whereunder the writ petition has been dismissed upholding the order dated 22.5.1996 passed in a Summary Court Martial proceeding against the appellant sentencing him to imprisonment and as well as dismissal from service.2. In order to consider as to whether the impugned judgment under appeal suffers from any errors requiring our interference in exercise of our appellate jurisdiction, few relevant facts may have to be noticed.3. The appellant herein has been charged of using criminal force against his superior officer vide charge dated 13.5.1996. That, a Summary Court Martial was held against him in respect of the said charge resulting in award of sentence of imprisonment as well as dismissal from service.4. The appellant herein urged solitary ground challenging the validity of the order dated 22.5.1996 pas...
Tag this Judgment!Rajkumar Sinha and ors. Vs. Puskar Singh and ors.
Court: Guwahati
Decided on: Jun-29-2006
D. Biswas, J.1. This Revision is directed against the order dated 29th March, 2003 passed by the learned Civil Judge (Senior Division), Karimganj in Title Appeal No. 13/99.2. Heard Mr. B.K. Goswami, learned senior counsel for the petitioner-defendants and also Mr. C.K. Sarma Baruah, learned senior counsel for the opposite parties-plaintiffs.3. The opposite parties filed Title Suit No. 114/95 in the court of the learned Civil Judge (Junior Division) No. 2, Karimganj against the revision petitioners and others for declaration of right, title and interest and confirmation of possession over the disputed land measuring 12 Kedars. The revision petitioners as defendants contested the suit. Their plea before the learned trial court was that the disputed land is a cremation ground known as Sonar Marjai. The land is recorded in the name of the Committee. The learned trial court dismissed the suit after completion of trial. The opposite parties (respondents herein) preferred an appeal being Ti...
Tag this Judgment!State of Tripura and ors. Vs. Sri Haradhan Chowdhury
Court: Guwahati
Decided on: Jun-29-2006
A.B. Pal, J.1. This Letters Patent Appeal has put under challenge the judgment dated 18-12-2000 passed by a Single Judge of this Court in F.A. No. 104 of 1994. By the said judgment impugned, the appeal by the State of Tripura and Ors., the appellants herein, has been dismissed and the judgment and decree passed by the learned Addl. District Judge, Belonia, South Tripura in M.S. No. 02 of 1985 has been affirmed.2. The material facts giving rise to the present proceeding may be noticed thus:The plaintiff-respondent Haradhan Chowdhury instituted the Money Suit No. 02 of 1985 against the State of Tripura and other officials of the Forest Department seeking a decree of damage for an amount of Rs. 25,000/- on the ground of malicious prosecution launched against him by the appellants herein. He claims to be a reputed timber merchant of the area known as Sonaichheri under Belonia Sub-Division. In the month of November, 1980, he applied for permission to extract from his jote land 9 karai tree...
Tag this Judgment!Kailash Gour and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jun-29-2006
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