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Guwahati Court October 2007 Judgments

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Oct 01 2007

Punam Dita Rai Baruah Vs. Gauhati University and anr.

Court: Guwahati

Decided on: Oct-01-2007

B.K. Sharma, J.1. Heard Mr. S.S. Dey, learned Counsel for the petitioner as well as Mr. L.P. Sharma, learned Standing Counsel, Gauhati University.2. The petitioner, by means of this writ petition has prayed for a direction to the respondents, i.e. Gauhati University for re-evaluation of the answer script (6th Paper) pertaining to Environmental Law in LLB final examination, 2006. She appeared in the said examination results of which have been declared in 21.07.07. Although she has secured pass marks in all the subjects, but she having secured only 27 marks in the said paper, she has been declared failed. It will be pertinent to mention here that she was awarded 33 marks in 4th paper, i.e. C.P.C. and Limitation Act. However, on the basis of request made by the petitioner for re-scrutiny of the answer script, the University authority by Annexure-7 letter dated 30.08.07 directed the petitioner to submit the original mark sheet for necessary correction. It is the case of the petitioner tha...


Oct 01 2007

Chow Pinkkham Munglang Vs. Gauhati University and ors.

Court: Guwahati

Decided on: Oct-01-2007

Hrishikesh Roy, J.1. Heard Mr. A.M. Mazumdar, learned senior counsel for the appellant/writ petitioner. Also heard Mr. L.P. Sharma, learned standing counsel who appears and submits on behalf of the respondent Gauhati University.2. The present appeal is filed against the judgment and order dt. 31.1.07 rendered in W.P. (C) No. 212/06. The writ petition was filed by the appellant petitioner who was a student admitted to 3 years LL.B. Course in the University Law College affiliated in the Gauhati University in the academic year 1998-99. As per the scheme followed, after each year a law student has to appear in 'Preliminary, 'Intermediate' and 'Final' LL.B. Examination and the student is required to clear his LL.B. degree within 5 years from the date of his first due Preliminary examination. A special chance to clear either of the above three examinations is envisaged within 6 years (i.e. one year beyond normal 5 years), from the date of his first due Preliminary examination as per the new...


Oct 01 2007

Nakul Chandra Das Vs. State of Assam and anr.

Court: Guwahati

Decided on: Oct-01-2007

Amitava Roy, J.1. The petitioner, a driver with the Directorate of Health Services, Assam (hereafter for short referred to as the 'Directorate'), has challenged his order of transfer therefrom to the establishment of the Joint Director, Health Services, Nalbari, by the order dated 27.08.2007, of the Director of Health Services, Assam.This Court on the date of motion by order dated 17.09.2007, having regard to the post that the petitioner holds and the pleaded stand that he had not been released pursuant to the order impugned, stayed the operation thereof, till the next date fixed. The learned Standing Counsel, Health & Family Welfare Department, Assam, has produced the records along with the parawise comments. The learned Counsel for the parties, therefore, have been heard and this petition is being disposed of at the motion stage.2. I have heard Mr. P. Upadhaya, learned Counsel for the petitioner and Ms. A. Verma, learned Standing Counsel, Health & Family Welfare Department, Assam.3....


Oct 01 2007

Longsan KhongngaIn Vs. State of Meghalaya

Court: Guwahati

Decided on: Oct-01-2007

Jasti Chelameswar, C.J.1. A learned Judge of this Court hearing the Criminal Revision No. 9 (SH)/04 by his order dated 14.11.06 opined that the issue involved in the case requires to be heard by a Bench of appropriate strength in order to settle the issue once and for all. By an order dated 22.11.06 the then Hon'ble Chief Justice directed this matter to be heard by a Division Bench. Therefore, the matter is placed before us.2. The petitioner is under trial for an offence Under Section 376 IPC before the Fast Track Courtcum-Addl. Deputy Commissioner, Shillong. The charge against the petitioner is that he committed the offence of rape of a certain woman. The further details of the case are not relevant for the present purpose except to state that both the petitioner and the alleged victim are tribals belonging to a Scheduled Tribe known as Khasi. Initially the charge sheet was filed before the learned Sub Divisional Judicial Magistrate, Sohra Civil Sub-Division. The case was subsequentl...


Oct 01 2007

Abdul Aziz Vs. State of Assam and ors.

Court: Guwahati

Decided on: Oct-01-2007

Hrishikesh Roy, J.1. Heard Mr. T.C. Khatri, learned senior counsel appearing for the petitioner. Also heard Ms. B. Goyal, learned Government Advocate appearing for the respondents.2. This petition styled as a Public Interest Litigation (PIL) has been filed to challenge the requirement of production of 'No Objection Certificate' from Deputy Commissioner/Sub-Divisional Officers and from the Development Authorities under the Town and Country Planning Act, before the registering authority as a pre-condition for registration of documents such as sale deeds, required to be registered under the provisions of the Registration Act, 1908, hereinafter referred to as the 'Registration Act'. It is contended that in so far as registration of documents are concerned, the same are to be dealt with under the provisions of the Registration Act and once the requirement of Registration Act are fulfilled, there could be no objection to registration of registerable documents on the ground of non-availabili...


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