Guwahati Court January 2007 Judgments
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Chandradhar Das Vs. Assam Backward Classes Commission and ors.
Court: Guwahati
Decided on: Jan-19-2007
B.K. Sharma, J.1. The petitioner, who was first appointed as a Peon and thereafter as a Driver in Assam Backward Classes Commission is aggrieved by the order of discharge from service.2. The petitioner was first appointed on daily wage basis with effect from 5.8.1994 by order dated 23.8.1994 issued by the Member Secretary, Assam Backward Classes Commission. Such appointment of the petitioner was followed by regular selection held for the post of Grade-IV. The interview was conducted on 25.8.1994. After the initial appointment on daily wage basis, the petitioner was appointed in regular time scale of pay of Rs. 900 to 1435 per month by order dated 31.8.1994 issued under the signature of the Principal Secretary of the Commission. Such appointment of the petitioner was made for a period of two months with the stipulation that the final appointment would be considered after receipt of the police verification report. His appointment was further continued for another period of two months by...
Hills Trade Agencies and anr. Vs. Hindustan Paper Corporation Ltd. and ...
Court: Guwahati
Decided on: Jan-19-2007
B.K. Sharma, J.1. All the writ petitions are by and between the same parties and the grievance raised is also the same. They have been heard together and are being disposed of by this common judgment and order.The petitioner No. 1 is a partnership firm registered under the Partnership Act, 1932 having its principal place of business at Guwahati in the District of Kamrup, Assam. The petitioner No. 2 is a partner of the petitioner No. 1 firm. The petitioner-firm carries on business of supply of bamboos to various paper mills inside and outside of State of Assam. It also supplied bamboos to the Hindustan Paper Corporation Ltd. and Cachar Paper Mill. These writ petitions are concerned with the supply orders dated June 3, 2002, December 10, 2001 and January 31, 2001 respectively with the quantity mentioned in the supply orders at the rate of Rs. 1,695, 1,981 and 1,500 per MTG respectively. The question that has been raised in the writ petitions is as to whether the respondents were entitle...
Heritage Engineer and Developers Pvt. Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-19-2007
B.K. Sharma, J.1. This writ petition is directed against the proceeding initiated Under Section 144 of the Cr. P.C. and the order passed therein restraining the petitioner from entering into the disputed Flat with further direction to the jurisdictional P. S. to execute the prohibitory order.2. The petitioner is a Private Ltd. Company with due registration. Its primary object is to carry on business as property dealers, real estate developers, builders, contractors and to engage in all types of construction activities. The respondent No. 5, namely Shri Dhurba Jyoti Saikia, was its one of the Directors. The petitioner has engaged in construction of an apartment called Ashirbad Apartment with Flats therein.3. It was in the year 1997, the petitioner launched the said Apartment and called for booking from the prospective purchasers of the Flats. The rules and guidelines governing the terms and conditions for the allotment of Flats were formulated in terms of which all perspective purchase...
Sujit Kumar Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-19-2007
B.K. Sharma, J.1. This writ petition is directed against the proceeding initiated by the Addl. District Magistrate, Nagaon under Section 144, Cr. P.C. and the order passed therein. Further prayer made is for return of the shop premises in question from which the petitioner was allegedly dispossessed pursuant to the order in the said proceeding.2. Shortly stated, the facts leading to the filing of the instant writ petition are that the petitioner's elder brother Dr. (Late) Ajit Kr. Das was the tenant of a shop premises under the landlord, the father of the respondent No. 5. Since 1954 (1-11-54) the shop premises is under Municipal holding No. 223 of Ward No. XV of Nagaon Municipal Board and was made use of for the purpose of business of medicine under the name and style of M/s. Radha Govinda Pharmacy which was later on renamed as M/s. Radha Govinda Medical Hall. Said Dr. Das expired on 15-1-86 and by virtue of family settlement, the petitioner had been looking after the management/affa...
Phuljhari Devi and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jan-19-2007
D. Biswas, C.J.1. This appeal is filed against the judgment and order dated 13.8.2001 passed by the learned Special Judge, Sibsagar in Special (N.D.P.S.) Case No. 1/1996 convicting both the appellants under Section 18(b) of the NDPS Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh. In default, the appellant No. 1 has been sentenced to undergo rigorous imprisonment for three months and the appellant No. 2 to undergo rigorous imprisonment for six months.I have heard Mr. P. Bora, learned Counsel for the appellants and also Mr. K.C. Mahanta, learned Public Prosecutor, Assam.2. Mr. P. Bora, learned Counsel for the appellants argued that the seizure of the opium from the alleged possession of the appellants has not been in accordance with the provisions of law, the seizure is not supported by any independent witness, the evidence of PW 1, Inspector of Excise, is not adequate enough to warrant conviction without corroboration from i...
State of Tripura Vs. Santi Kumar Deb
Court: Guwahati
Decided on: Jan-18-2007
A.H. Saikia,J.1. Since delay in preferring this appeal has been condoned vide order dated 18.01.2007 in CM Application No. 136/06 and also taking into account the importance and the nature of controversy raised in this writ appeal, this Court proposes to dispose of the writ appeal today itself at the admission stage.2. Heard learned Counsel for the parties.3. This writ appeal has been carried from the order dated 21.7.2006 passed in W.P.(C) No. 294 of 2003 allowing the writ petition preferred by the respondent as writ petitioner who has challenged the order dated 14.05.2005 re-imposing the penalty of removal of the petitioner from service who was serving as Forester at the time of such imposition of punishment of removal.4. The facts narrated in this writ appeal have projected a chequered history. The petitioner who was working as Forester in the Forest Department, under the Government of Tripura initially was charged with as many as three allegations vide memo dated 18.4.1985 and dur...
National Insurance Co. Ltd. Vs. Okram Subhash Chandra Singh and anr.
Court: Guwahati
Decided on: Jan-18-2007
B.D. Agarwal, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (W.C. Act in short) has been filed by the National Insurance Company Limited challenging the award dated 27.11.2003 passed by the learned Commissioner in Claim Case No. 16 of 2003. By this impugned judgment the learned Commissioner has awarded a sum of Rs. 4,43,520/- (Rupees four Lakhs forty-three thousand five hundred & twenty) only, in favour of the Claimants and this amount has been directed to be paid by the National Insurance Company Limited and another sum of Rs. 1,01,009.60/- (Rupees One Lakh one thousand nine and sixty paise) only, has been awarded against the owner. However, the owner has not preferred any appeal against the said award.2. I have heard Ms. G. Pushpa, Advocate on behalf of Mr. N. Kotiswar, learned Counsel for the appellant, I have also heard Mr. B. Surendra, learned Counsel for the respondent No. 1 (the Claimant). The respondent No. 2 (the owner) had appeared through Mr. L. ...
Tarapada Bhattacharjee Vs. Coal India Ltd.
Court: Guwahati
Decided on: Jan-18-2007
H.N. Sarma, J.1. This is a defendant's second appeal. The Title Suit No. 86/93 was filed in the Court of the Munsiff No. 1, Tinsukia, having been decreed with an order to put the plaintiff into khas possession of the suit premises, the defendant unsuccessfully filed Title Appeal No. 13/96 before the learned Civil Judge (Senior Division), Tinsukia, which was dismissed vide judgment and order dated 16.11.98. The aggrieved defendant has challenged the same in this Second appeal.2. I have heard Mr. A. Roy, learned Counsel for the Appellant.3. The plaintiff instituted the aforesaid suit pleading, inter alia, that the plaintiff is a Government of India undertaking Company incorporated under the Companies Act, and on nationalization of the Coal Mines, the right, title and interest of the owner to the coal mines and other properties including the premises described in the schedule to the plaint of the erstwhile Assam Railway and Trading Company vested absolutely in the plaintiff company. Thus...
Joginder Paul Bagga Vs. Premi Devi
Court: Guwahati
Decided on: Jan-18-2007
A. Hazarika, J.1. Invoking power under Section 482 of the Criminal Procedure Code, 1973 (Code in Short) read with Sections 397/401 of the Code, the petitioner had challenged the legality and validity of the judgment and order dated 19.5.2003, passed by the learned Sessions Judge, Sonitpur, Tezpur in Criminal Motion Case No. 36 (S-4)/2002, whereby the learned Sessions Judge allowed the revision petition by setting aside the judgment and order dated 21.9.2002 passed in M.C. No. 132/2001 by the learned Sub-Divisional Judicial Magistrate(S) (SDJM in short), Tezpur, Sonitpur.2. The respondent as 1st party filed an application under Section 125 of the Code in the Court of the SDJM, Tezpur, Sonitpur, against the petitioner herein being the Misc. Case No. 132/2001 alleging inter alia therein that the respondent (1st party) was married to the petitioner (2nd party) on 15.2.1999 and since then both of them lived together as husband and wife at the rented house of one Sri Gaman Singh Sherpa at L...
State of Tripura Vs. Chanu Das @ Chan Mohan Das and ors.
Court: Guwahati
Decided on: Jan-17-2007
A.H. Saikia, J.1. Heard the learned Counsel for the parties.2. This criminal appeal has been directed against the judgment and order of acquittal dated 23.12.99 passed in S.T. sharp and penetrating weapons. On getting Case No. 96/WT(A)/90 by the learned Addl. Sessions Judge, West Tripura, Agartala acquitting all the five respondents who were charged under Sections 120(B)/114/302/34 IPC.3. A brief narration of the prosecution case would be necessary in order to examine the legality and correctness of the impugned judgment and order by which all the accused-respondents were acquitted. On 04.06.1990 at about 10.20 P.M. at night, the respondent No. 1, Chanu Das, Sub-Inspector of Police, East Agartala Police Station along with his wife and two minor children including Tushar Das, P.W. 34 after witnessing the evening show at Chittra Kotha Cinema Hall located at the heart of the Agartala town, was coming on a rickshaw on their way home and Chanu Das got down from the rickshaw in front of the...
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