Guwahati Court November 2007 Judgments
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M. Balakrishna Reddy Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Nov-20-2007
Asok Potsangbam, J.1. Heard Mr. K.N. Choudhury, learned senior advocate assisted by Mr. U.K. Nair, learned Advocate on behalf of the writ petitioner and Mr. A. Sarma, learned Advocate General, Meghalaya.2. The challenge in this writ petition is to the order dated 21.9.2007 passed by the learned Central Administrative Tribunal, Guwahati Bench, Guwahati, dismissing the Original Application (O.A.) No. 187 of 2007 wherein the petitioner challenged his transfer from one Division of the Forest Department, Government of Meghalaya to another Division of the same Department within the same Capital City.3. The brief facts of the case:The petitioner who is an Indian Forest Service (IFS) Officer was posted as Divisional Forests Officer (Wildlife), Khasi Hills Division, Meghalaya, Shillong by an order dated 23.12.2005 and, thereafter, he was transferred from Divisional Forest Office (Wildlife), Khasi Hills Division to and as Divisional Forest Officer, Siliviculture Division, Shillong by an order d...
Subhas Deka Vs. Central Bank of India and ors.
Court: Guwahati
Decided on: Nov-20-2007
Jasti Chelameswar, C.J.1. Aggrieved by the judgment dated 08.12.2006 passed in Writ Petition (C) 6658/02, the unsuccessful petitioner preferred the present appeal.2. The appellant/writ petitioner worked as Branch Manager in various branches of the Respondent Bank. While working as Branch Manager at Mangaldoi, he was kept under suspension by a communication dated 07.08.1999 pending disciplinary action. A Memorandum of Charges dated 23.12.1999 was served on the petitioner on29.12.1999, by which the appellant was called upon to submit written statement within 15 days from the date of receipt of the charge memo. The appellant chose not to file any written statement and thereafter an Inquiry Officer was appointed.3. The Inquiry Officer commenced the enquiry. On 04.07.2000 the Inquiring Officer examined the appellant and enquired from him whether he would admit or deny all or any of the charges levelled against the petitioner. The appellant categorically denied all the charges levelled agai...
Gautam Ghosh and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Nov-20-2007
Mutum B.K. Singh, J.1. This is an appeal against the judgment dated 28.08.2001 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. S.T. 5(WT/S)/97, convicting the appellants under Section 436 read with Section 149 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 2,000/- each and in default thereof to suffer rigorous imprisonment for another 6 months. By the impugned judgment the appellants were also convicted for the offence punishable under Section 148 of the Indian Penal Code but no sentence has been awarded for the said conviction.2. Heard Mr. S. Kar Bhowmik learned Counsel appearing for the appellants Mr. A. Ghosh, learned Addl. Public Prosecutor appearing on behalf of the State-respondent.3. Facts, briefly, leading to this appeal are that on the basis of a written report (complaint) dated 01.08.1992 of one Rina Naha, D/O Ananta Naha of village North Maheshpur, the Yatrapur ...
BanizuddIn and anr. Vs. State of Assam
Court: Guwahati
Decided on: Nov-19-2007
P.K. Musahary, J.1. Heard Mr. J.M. Choudhury, learned Senior Counsel assisted by Mr. S. Choudhury for the appellants and Mr. K.C. Mahanta, learned Additional Public Prosecutor, for the Respondent State.This appeal is directed against the Judgment and Order dated 15.12.2003 passed by the learned Sessions Judge, Barpeta, in Sessions Case No. 54/2003, convicting the accused/appellants under Section 302/34 of the IPC and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees five thousand) only each and in default etc., to undergo rigorous imprisonment for 1 (one) year.2. Briefly stated, the facts are as follows: On 18.04.2000 at around 8 A.M. both the accused persons and the deceased Lal Mahmud while they were busy demarcating their land, entered into an altercation and the accused Ashatulla started assaulting Lal Mahmud by lathi and while he fell down, accused Banizuddin stabbed Lal Mahmud by sharp weapon at his left chest and abdomen causing ...
Smt. S.K. Shangring Lamkang and anr. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Nov-16-2007
Maibam B.K. Singh, J.1. Heard Mr. Aleng Vashum, learned Counsel appearing on behalf of the petitioners and Md. Jalal-Uddin, learned Addl. Govt. Advocate appearing on behalf of Government respondents.2. This writ petition has been filed praying for directing the respondents to pay a compensation of Rs. 8 lakhs to each of the two petitioners in respect of the death of their respective husbands due to the electrocution on 22-4-2002 at about 1.15 p.m. caused by a falling of a high tension electric line from its pole while they were proceeding riding a scooter and approaching Khongjon village. The name of the deceased husband of petitioner No. 2 Is said to be S.K. Thamnok Lamkang. According to the petitioner, a U.D. Case No. 1/2002 was also registered in connection with the said occurrence. Further according to the petitioners, the electric line was broken and detached from its pole as it was very old and It was not also repaired despite request made by one R.D. Kowar Anal, Chairman, Chief...
Dolly Khonglah and anr. Vs. Dilip Kumar Singhania and anr.
Court: Guwahati
Decided on: Nov-16-2007
T. Vaiphei, J.1. Both these revision petitions are directed against the judgment and order dated 21.2.2005 passed by the learned Addl. District Judge, Shillong, in RFA (TCA) No. 3(SH) of 2002 decreeing the suit filed by the respondent No. 1 by reversing the judgment and order dated 28.2.2002 passed by the learned Assistant District Judge, Shillong in Title Suit No. 10(H) of 1988. For the sake of convenience, I shall first take up CR(P) No. 3(SH) of 2005 and thereafter make an attempt to dispose of CR(P) No. 5(SH) of 2005 on the basis of my findings in the former case.2. The material facts giving rise to the revision petitions are that the respondent No. 1 instituted Title Suit No. 10(SH) of 2002 before the learned Assistant District Judge against the petitioner and the respondent No. 2 for evicting them, their agents, employees, workmen and all others claiming through or under them from the suit premises described in Schedule to the plaint and for rent arrears, compensation and damage...
Real Mazon India Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-16-2007
Amitava Roy, J.1. The challenge in the constitutional attire, as the instant proceeding evinces, is mounted against the tender process initiated by the Transport Department of the State for selection of an eligible manufacturer to produce High Security Registration Plate (hereafter also referred to as the HSRP) for all types of vehicles. The assailment is spurred principally by the impugned corrigenda dated 26/12/ 2006,6/1/2007 and 16/1/2007 which while insisting on the Conformity Of Production Certificate (hereafter referred to as the COP) as a condition of eligibility for participation therein deleted the covenants pertaining to experience, expertise and exposure of the bidders in the enterprise of manufacture/production of the said plates as well as the earmarked percentage of turnover from such business demonstrating their eligibility for being considered for the proposed settlement. The petitioner perceives the impugned prescriptions embodied in the corrigenda as well as an annih...
Mohan Kachari and ors. Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Nov-16-2007
T. Vaiphei, J.1. In this writ petition, the petitioners are questioning the legality of the selection procedure contained in the Circular No. 3/2002 dated 26.6.2002 and the subsequent Circular No. 10/2004 dated 22.11.2004 amending the Circular dated 26.6.2002 for the promotion from the rank of Sub-Inspector of Police (SI) to the rank of Inspector in the Police Department of Meghalaya.2. The controversy arose on the following facts and circumstances:The petitioners numbering 40 are serving in the capacity of Sub-Inspectors of Police at different Police Stations, CID-SB organizations, etc. within the State of Meghalaya. All of them have been rendering services in various capacities for not less than fifteen years. While some of them are direct recruits, the remaining are departmental promotees. It would appear that the Police Department of Meghalaya adopted the Assam Police Manual which contains, among others, Police Act, 1861 and 1888 and the various rules framed thereunder for the pur...
A.S. Silas and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-15-2007
B.D. Agarwal, J.1. All the aforesaid eight writ petitions are being disposed of by this common judgment and order since a common question of law based on identical facts is involved. The question of law is that whether the writ petition under Article 226 of the Constitution of India is maintainable for non-payment of admitted dues by the Government.2. I have heard Shri M.Devananda, learned Counsel for the writ petitioners at length. The respondents were represented by Mr.A.Modhuchandra, learned Addl.Govt. Advocate, Mr. Y. Ashang, learned State Govt. Counsel and Mr. N. Ibotombi, learned Counsel.3. Since the writ petitions are being decided on the question of maintainability, I do not deem it necessary to narrate the facts of each and every case in detail. In a nutshell, the writ petitioners were awarded different kinds of contract by the respondents. There is also no dispute that the writ petitioners have executed the works as per the contract orders. It is the case of some of the writ...
Talar Sorum Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Nov-14-2007
Aftab Hussain Saikia, J.1. Heard Mr. P.K. Tiwari, learned Counsel appearing for the appellant and Mr. B. Banerjee, learned PP representing the State of Arunachal Pradesh.2. The conviction of the appellants under Section 302 IPC and sentence to undergo rigorous imprisonment for life with a fine of Rs. 5000/- in default of which to undergo further rigorous imprisonment for 6 months rigorous imprisonment so handed down by the learned Additional Sessions Judge, First Track Court, Basar, Arunachal Pradesh in BSR/SESS No. 463/2005 have been assailed in this Criminal Appeal.2(a). The prosecution case in brief is that one Tajin Dui, P.W. 9 lodged a written complaint without a date with the Officer-in-Charge of Daporijo Police Station alleging that his sister Smti Yado Sorum (hereinafter referred to as 'the deceased') was killed by her husband Sri Talar Sorum, the appellant with a dao near at IFCD Office Daporijo on 14.6.2000 at about 1420 hrs.3. The Police on completion of the investigation s...
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