Guwahati Court October 2007 Judgments
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Rukongutuo and ors. Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Oct-12-2007
M.B.K. Singh, J.1. Heard Mr. C.T. Jamir, learned Counsel appearing on behalf of the petitioners, Mrs. Lucy, learned Govt. Advocate appearing for respondents 1 to 5 and Mr. T. Koza, learned Counsel appearing on behalf of respondent No. 6.2. In this writ petition, the petitioners, who were directly recruited as SDO (Electrical) under the relevant service rules are praying for quashing the Govt., order/notification dated 29.9.05 by which the respondent No. 6, who had been serving as Lecturer, Khelhoshe Polytechnic Atoizu under Higher and Technical Education and then serving as SDO (Electrical) on deputation, was absorbed in the Department of Power as SDO (Electrical) w.e.f. 15.9.05 and the Govt, order/notification dated 7.12.05 by which the seniority of the said respondent was ordered to be counted from the date of his regular appointment as Lecturer in the parent department i.e. 6.10.93 instead of the date of his absorption to the Power Department.3. There is no dispute in respect of th...
Haider Ali (Md.) Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Oct-12-2007
A.P. Subba, J.1. This is an application filed by Smti. Sahar Bano, wife of Md. Haider Ali, No. 194120K, Rfn./GD for release of her husband now allegedly in illegal custody of the respondents during the pendency of the WP (Cri.) No. 180(SH)2007.2. It is the case of the petitioner that her husband who is serving in Assam Rifles since 1987 was permitted to grow a beard on religious grounds in 1996. However, when he started growing a beard, the respondents issued a show cause notice for growing a beard on 29.3.97 and in the proceedings that were initiated against him, he was dismissed from service on 5.4.97 by a Summary Court Martial on the ground of growing a beard. The order of dismissal was assailed by the petitioner before the Delhi High Court which quashed the impugned dismissal order and also directed the reinstatement of the petitioner with back-wages. A challenge to the order made by the respondents before the Hon'ble Supreme Court in SLP 12386 of 2003 was also dismissed and conse...
Smt. Baby Deb Vs. Ajit Deb
Court: Guwahati
Decided on: Oct-12-2007
R.B. Misra, J.1. Heard Mr. C. Chakraborty, learned Counsel for the petitioner. Also heard Mr. B. Debnath, learned Counsel for the opposite-party. At the request of the learned Counsel for the petitioner, in the facts and circumstances this petition is being disposed of at the admission stage itself.2. The present Civil Revision Petition has been preferred under Article 227 of the Constitution of India against the order dated 24-1-2007 passed by the learned Judge, Family Court, Agartala, West Tripura in T.S. (Divorce) No. 228 of 2008 indicating that a title suit for divorce was to be presented in the form of the plaint and since the relief claimed through such petition is declaratory in nature, therefore, the court-fee of Rs. 20/- has to be paid under the Court Fees Act, 1870 (for short 'Court Fees Act').3. The petitioner presented a petition, i.e. T.S. (Divorce) No. 228 of 2006, before learned Family Court on 18-5-2006 under Section 13(1)(1a) of the Hindu Marriage Act, 1955 (in short ...
Bijon Mahanta and anr. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Oct-11-2007
I.A. Ansari, J.1. By making this application, under Section 482 Cr.PC., the present two petitioners, who were accused in CR Case No. 314/2005, under Sections 09/12/30/3/32/33/35(6-8)/39/25(1)B/52, which is presently pending in the Court of learned Additional Chief Judicial Magistrate, Tezpur, have sought to get, inter alia, quashed the First Information Report, which has given rise to Tezpur Police Station Case No. 506/2007 under Sections 25(1)B of the Arms Act, 1959.2. The material facts, giving rise to the present petition, may be set out as under:(i) CR Case No. 314/2005 aforementioned has arisen out of a complaint lodged by the District Forest Officer, Western Assam Wildlife Division, the case of the complainant being, briefly stated, thus: As per verbal instructions received, on 10.10.2005, from the Forest Officer of Nameri National Park/ Nameri Wildlife Region, four forest officials had gone inside Nameri Reserve Forest and when they reached Upper Dikiri Doimukh Tapo area of the...
Bakul Debnath and ors. Vs. Oriental Insurance Co. Ltd. and anr.
Court: Guwahati
Decided on: Oct-11-2007
U.B. Saha, J.1. These writ appeals are directed against the common judgment and order dated 06.07.2000 passed by the learned single Judge of this Court in WP (C) No. 235 of 2000.2. Heard Mr. Soumik Deb, learned Counsel for the appellants/claimants and also heard Mr. P. Goutam and Mr. K. Bhattacharjee, learned Counsel appearing for the respondent-writ petitioners, Oriental Insurance Company, in the aforesaid two writ appeals respectively.3. At the outset, the learned Counsel for the writ petitioners/respondents submits that the only question involved in this matter which requires to be answered by us is as to whether an LPA/writ appeal preferred against the judgment and order of a learned single judge passed under Article 227 of the Constitution setting aside the award of compensation passed by the learned Motor Accident Claims Tribunal (for short, 'MACT') having no jurisdiction, completely perverse, nullity and also contrary to the prescription by the MV Act, is maintainable or not; a...
Kaushal Mishra and ors. Vs. Raj Kumar Mishra
Court: Guwahati
Decided on: Oct-10-2007
I.A. Ansari, J.1. This is an application made under Section 482 Cr.P.C. against the order, dated 08.08.2007, passed by the learned Additional Sessions Judge (FTC) No. 1, Sankardev Nagar, Hojai, in Criminal Revision No. 11(N)/2007, dismissing the revision and upholding the order, dated 22.12.2006, passed in MR Case No. 105/2000, by the learned Executive Magistrate, Sankardev Nagar, Hojai, declaring possession of the disputed land in favour of the first party-opposite party herein.2. Heard Mr. R.L. Yadav, learned Counsel for the petitioner, and Mr. N.K. Baruah, learned Counsel for the opposite party3. On the basis of a petition filed by the opposite party herein and the police report, an order was passed, on 15.07.2000, by the learned Executive Magistrate, Sankardev Nagar, Hojai, drawing proceeding under Section 144 Cr.P.C. and prohibiting entry of not only the first party, but also of the present petitioner (who had been impleaded as second party) into the disputed land until further o...
Raghubir Das Vs. Sarbamangala Das
Court: Guwahati
Decided on: Oct-10-2007
B.P. Katakey, J.The appellant/husband filed a petition in the Court of the learned District Judge, Karimganj, under Section 12(1)(b) as well as under Section 13(1)(iii) of the Hindu Marriage Act, 1955 (in short, 'the Act') seeking annulment of marriage solemnized with the respondent/wife on 07.03.1994 by a decree of nullity and for dissolving such marriage by decree of divorce on the ground that the respondent/wife has been suffering from incurable mental disorder since before the marriage and is physically and mentally incapable for the marital life with the petitioner. In the said petition, the respondent/wife was shown to have represented by Shri Pronab Das, her elder brother, she according to the appellant/husband, being a women of unsound mind.2. The respondent/wife, on receipt of the summons, entered appearance and filed application praying for allowing her to represent herself in the said proceeding, controverting the statement made in the petition that she being a women of uns...
Santosh Nandi and anr. Vs. State of Tripura
Court: Guwahati
Decided on: Oct-09-2007
U.B. Saha, J.1. The instant application for bail of accused, Sri Santosh Nandi, a Panchayat Secretary, who is in judicial custody since 13.09.2007 in connection with West Agartala Police Station Case No. 191/2007 under Section 409, is filed by Smti Bulbul Choudhury (Nandi), wife of the said accused under Section 439 Cr.P.C.2. The prosecution case, in short, is that, while the accused, Santosh Nandi was working as Panchayat Secretary in the extended areas of the Agartala Municipal Council, on the strength of Memo No. F.1 (2-13)-ESTT/PR/2004/7146-78 dated 27.8.2004 issued by the Director of Panchayat, Government of Tripura, defalcated pension money meant for the old aged peoples of the area as per the National Old Age Pension Scheme, extended to the State of Tripura, showing disbursement in favour of the beneficiaries who have already expired, i.e. beneficiaries already died.3. Stating all the relevant facts regarding the alleged disbursement in the name of the 10 expired beneficiaries,...
Gopal Chandra Sarkar and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-09-2007
Asok Potsangbam, J.1. We have heard Shri A.S. Choudhury, learned senior Counsel for the appellants and Shri V.M. Thomas, learned Standing Counsel, Education Department, Government of Assam, for the respondents.2. These two appeals are against the common judgment and order dated 22.11.2004 of the learned single Judge in which the relief for retrospective provincialisation of the services of the appellants-writ petitioners from the day the benefits of provincialisation had been given to similarly situated persons was rejected by the learned single judge.3. The brief facts leading to these appeals are simple and undisputed. Shri A.S. Choudhury, learned senior Counsel appearing for the writ petitioners-appellants, submits that St. Joseph's High School, Barpeta, was given recognition by the Board of Secondary Education, Assam, (hereinafter referred to as the Board) as early as in the year 1970 and Katajihar High School, Barpeta, was also given recognition in the year 1991. The Government o...
Mrs. Fatima Begum Vs. Md. Sajid Alam Chowdhury
Court: Guwahati
Decided on: Oct-09-2007
I.A. Ansari, J.1. By making this application under Section 482, Cr. P.C. the petitioner, who is the accused in Complaint Case No. 45949/2006, has sought for, inter alia, setting aside the order, dated 26-5-2006, whereby the learned Judicial Magistrate 1st Class, Guwahati, Kamrup, has taken cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881 (in short, the NI Act'), and directed issuance of process against the petitioner as accused.2. I have heard Mrs. A. Sharma, learned Counsel for the accused petitioner, and Mr. K Bhattacharjee, learned Counsel for the comiplainant opposite party.3. Before I turn to the sustainability of the present petition, it is pertinent to take note of the facts, which have led to the passing of the impugned order, dated 26-5-2006.4. The opposite party herein lodged, as complainant, a complaint which gave rise to CR Case No. 45949/2006 aforementioned. The case of the complainant, in brief, is thus : The accused issued a cheque dated ...
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