Guwahati Court October 2007 Judgments
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Amulya Borah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-03-2007
B.K. Sharma, J.1. The matter relates to settlement of a daily market. According to the petitioner, he being the highest bidder in the fray, the settlement could not have been made with the respondent No. 6, whose bid was lower than his.2. Notice Inviting Tender (NIT) was issued by the Naharkatia Town Committee (respondent No. 4) inviting tenders from the intending bidders for collection of tolls from the markets mentioned in the notice and parking fees at the entry point of Naharkatia Town from Dibrugarh-Tinsukia to Naharkatia and Namrup road, for the period from 1.4.2007 to 31.3.2008. Tenders were receipt upto 19.3.2007 and open on the same date at 2.15 PM. In this proceeding, we are concerned with Naharkatia Daily Market.3. On opening of the tenders in presence of the tenderers or their authorized agents it was found that the petitioner was the third highest bidder with the offer of Rs. 4,47,707/The respondents No. 6 offered bid amount of. Rs. 3,45,105/-. Be it stated here that Gove...
Oriental Insurance Co. Ltd. Vs. Vanlalhliri and anr.
Court: Guwahati
Decided on: Oct-03-2007
H. Baruah, J.1. Heard Mr. S.N. Meitei, learned Counsel for the appellant. Also heard Mr. A.K. Rokhum, learned Counsel for the respondent No. 1. None appears for the respondent No. 2.2. The Oriental Insurance Co. Ltd. Zarkawt Aizawl filed this appeal under the provisions of Section 173 of the M.V. Act, 1988 for setting aside and/or modifying the final order and award dated 13.12.04 passed in MACT Case No. 41/01 by the Ld. Member MACT Aizawl. By the impugned award the learned tribunal awarded an amount of Rs. 2,52,425/- to the claimant inclusive of the interim award amounting to Rs. 25,000/-.3. Before entering into merit of this appeal perhaps it would be appropriate for this court to project the case of the respondent No. 1 -claimant. Respondent No. 1 Vanlalhliri is the wife of late Sapliana, a resident of Bungkawn Nursery Aizawl. The respondent No. 1-claimant and her late husband Sapliana were passenger of a Maruti Van bearing registration No.AS-11/I-1315 along with some other passeng...
State of Arunachal Pradesh and anr. Vs. Soilen Phukan and ors.
Court: Guwahati
Decided on: Oct-03-2007
Ranjan Gogoi, J.1. The two appeals under consideration were earlier heard by a Division Bench of this Court. By judgment and order dated 9.8.2005 the appeals were allowed. Aggrieved, some of the respondents in the appeals moved the Hon'ble Supreme Court. The Hon'ble Supreme Court noticed a conflict between the judgment and order dated 9.8.2005 and an earlier judgment of the Division Bench rendered on identical facts in State of Arunachal Pradesh v. Ashok Kumar Yadav and Ors. reported in 2002(1) GLT 223. Consequently, the judgment and order dated 9.8.2005 was set aside and the matter remanded to this Court for consideration by a larger Bench. This is how the appeals have been posted before us.2. The facts, in brief, may be noticed at the outset.An advertisement dated 8.6.2001 was issued by the Arunachal Pradesh Public Service Commission (hereinafter referred to as the Commission) for recruitment to 63 posts in Group-A & B. In the advertisement issued it was clearly mentioned that as pe...
Sukumar Saha and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Oct-03-2007
I.A. Ansari, J.1. By the judgment and order, dated 28.05.2005, passed, in Sessions Trial No. ST 34 (NT/D) of 2004, by the Additional Sessions Judge, North Tripura, Dharmanagar, the present eight appellants stand convicted not only under Section 148, but also under Section 302 read with Section 149 IPC and each of them stands sentenced to suffer, for conviction under Section 148 IPC, rigorous imprisonment for two years and to undergo, for conviction under Section 302 read with Section 149 IPC, imprisonment for life and fine of Rs. 5,000/- with further direction that both the sentences shall run concurrently.2. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:(i) On 14.11.2003, at about 7.30 p.m., the present appellants, namely, (1) Sri Sukumar Saha, (2) Sri Mana Saha @ Abhijit Saha, (3) Sri Bimal Chakma, (4) Sri Hiralal Sarkar, (5) Sri Titan Roy, (6) Sri Jagadish Roy, (7) Sri Kanu Das @ Ramu Das @ Panu Das, and (8) Sri Nepal Sahaji along with Sri...
State of Tripura and ors. Vs. Swapna Bhattacharjee
Court: Guwahati
Decided on: Oct-03-2007
B.P. Katakey, J.1. The writ petitioner-respondent who was serving as Junior Social Education Organiser at Singirbil Social Education Centre under Kumarghat Inspectorate, North Tripura has been transferred to Sonatala Social Education Centre, Khowai, West Tripura by an order passed by the Director of Social Welfare & Social Education, Tripura on 24.12.94 against which, a representation was filed on 25.02.95, seeking modification of the said transfer order and accordingly, the order of transfer was modified by the Director vide order dated 11.09.95 transferring her to Chandipur Social Education Centre, Kumarghat Inspectorate at her own request. According to the appellants, pursuant to the order of transfer dated 24.12.94, the writ petitioner-respondent was released from Singirbil Social Education Centre vide order dated 03.04.95 with effect from 13.5.95, which was has been disputed by the writ petitioner-respondent and according to her, she was for the first time released from the said...
Bedabithi Das Vs. Director General, All India Radio and ors.
Court: Guwahati
Decided on: Oct-03-2007
B.K. Sharma, J.1. The petitioner, who was appointed as Typist on monthly contract basis on compassionate ground under the respondent No. 5, is aggrieved by dispensation of her service. Be it stated here that there is no written order towards dispensation of her service.2. The father of the petitioner, while was serving as driver in the office of the respondent No. 5 died on 6.3.1996. Considering the plight of the family, the petitioner, his daughter was appointed as aforesaid by Annexure-I order dated 25.3.1996. It was indicated in the order that her such appointment was on compassionate ground till such time a clear decision was received from the higher authority against the vacant post of LDC of Agartala Sub-division.3. In response to the said offer, the petitioner joined the service as Typist and as per the statements made in paragraph 4 of the writ petition she continued in her service for long 4 years up to 31.3.2000. She was appointed in the time scale of pay of Rs. 950+DA in th...
M.L. Sharma and ors. Etc. Etc. Vs. Central Bureau of Investigation and ...
Court: Guwahati
Decided on: Oct-03-2007
I.A. Ansari, J.1. By this order, I propose to dispose of all the criminal petitions enlisted above, which have arisen out of the applications made under Article 227 of the Constitution of India read with Section 482, Cr.P.C. against the orders, dated 13-4-2007 passed, in Special Case Nos. 5/2006 to 20/2006, whereby the learned Special Judge, CBI, Guwahati, Assam, has rejected the prayer made by the present petitioners, who are accused in the cases aforementioned, to amalgamate and try all the cases together as one case.2. Broadly speaking, the facts leading to the impugned order are that during the year 1995-98, the Telecom Department, which is, now, known as BSNL, awarded contracts to various contractors for the purpose of trenching of various parts of Imphal-Moreh route and Imphal-Chandrapur route, on National High Way No. 37, in the State of Manipur, and laying of optical fibre cables oh the routes aforementioned, which were divided into several sub-sections. Following the executio...
Oriental Insurance Co. Ltd. Vs. Smt. Laxmi Rani Biswas and ors.
Court: Guwahati
Decided on: Oct-03-2007
1. By making this application under Article 226 of the Constitution of India, the present insurer, namely. Oriental Insurance Company Limited, puts to challenge the legality of the award, dated 20-12-1999, passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, in TS (MAC) No. 249/1995, directing payment of, in all, a sum of Rs. 2,00,000/-, as compensation, with interest @ 12% per annum, with effect from 8-8-1995 (that is, the date of making of the claim application), with further direction to the present petitioner to pay, as insurer, the compensation awarded to the claimant-respondent No. 3.2. We have heard Mr. B. Bhattacharjee, learned Counsel for the insurer-petitioner, and Mr. Somik Deb, learned Counsel for the claimants - respondents.3. Claiming that Dinesh Chandra Biswas, husband of the claimant No. 1 and son of the claimant No. 2, had died in an 'accident', arising out of rash and negligent driving of the vehicle bearing registration No. TR 01 256...
Khanindra Nath Choudhury Vs. State of Assam and ors.
Court: Guwahati
Decided on: Oct-03-2007
B.K. Sharma, J.1. This writ petition has been filed alleging reservation beyond permissible limit towards promotion of the respondent No. 3.2. The petitioner was first appointed as Lower Division Assistant (LDA) way back in 1968 (21.8.1968). Thereafter he was promoted as Upper Division Assistant (UDA) in 1984(4.2.1984).3. There are 4 promotional posts of Superintendent in the Department (Directorate of Sericulture). Which were filed up by senior most persons (UDAs) on regular basis. A post of Superintendent had fallen vacant on 1.11.2000 due to retirement of the incumbent. According to the petitioner, he being senior to the respondent No. 3 and the total cadre strength being only 4, there is no question of providing any reservation by operating roster and consequently, it is the petitioner, who ought to have been promoted as Superintendent. Be it stated here that as per the seniority list annexed to the writ petition, the petitioner's position is at serial No. 3 as against the respond...
Oriental Insurance Co. Ltd. Vs. Thanmawii and anr.
Court: Guwahati
Decided on: Oct-03-2007
H. Baruah, J.1. Heard Mr. S.N. Meitei, learned Counsel for the appellant. Also heard Mr. Lallianzuala Sailo, learned Counsel for the respondent No. 1. None appears for the respondent No. 2.2. This present appeal has been preferred by the Oriental Insurance Co. Ltd., Zarkawt Aizawl against the judgment and award dated 2.2.05, passed in MACT Case No. 74/03 by the Ld. Member, MACT, Aizawl Under Section 173of the Motor Vehicle Act, 1988. By this appeal, the appellant Oriental Insurance Co. Ltd. seeks for setting aside and/or modification of the final award and order dated 2.2.05.3. Respondent No. 1 Smt. Thanmawii is the claimant in MACT Case No. 74/03 and she is the mother of the deceased Lalbiaktluanga aged about 46 years. Respondent No. 2 herein is the registered owner of the offending vehicle bearing registration No. AMZ-2459 (Tata 1210). On 28.4.03 deceased Lalbiaktluanga, while was travelling in the offending vehicle met with an accident at about 8.00 A. M. near Hunthar Veng Aizawl a...
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