Guwahati Court December 2007 Judgments
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Ariful Islam and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-20-2007
Aftab H. Saikia, J.1. All these three writ appeals having been structured upon identical facts situation gave rise to common question of law and accordingly all of them were being heard analogously and are being disposed of by this common judgment and order.2. In both the writ appeals namely in W.A. No. 249/06 and W.A. No. 278/06, the writ appellants challenged the impugned common judgment and order dated 21.6.2006 passed by the learned Single Judge in a set of writ petitions, i.e. (1) W.P. (C) No. 6839/2005 (Madhab Buragohain and 15 Ors. v. State of Assam and Ors. (2) W.P. (C) No. 5880/2005 (All Assam Unemployed Association represented by its General Secretary, Sri Jiban Rajkhowa v. The State of Assam and Anr. (3) W.P. (C) No. 7175/2005 (Sri Apurba Sarma and 24 Ors. v. State of Assam and Ors.) and (4) W.P. (C) No. 6602/2005 (All Assam Unemployed Association represented by its President, Central Committee, Dr. Asad Hazarika v. State of Assam and Ors. reported in 2006 (3) GLT 462.In W....
Kshiti Bhusan Chakraborty Vs. North Eastern Regional Institute of Scie ...
Court: Guwahati
Decided on: Dec-20-2007
Z. Angami, J.1. By this application filed under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of order dated 02.02.2006 passed by the disciplinary authority and order dated 27.06.2006 passed by the appellate authority. The petitioner has also sought for a relief in the nature of a writ of mandamus as directing the respondent authorities to pay to the petitioner his gratuity with interest upto 12 percent per annum. The case of the petitioner has been contested by the respondent authorities as by way of filing an affidavit-in-opposition.2. On the basis of allegation made to the extent that the petitioner, while functioning as Superintendent and Asstt. Registrar (Estt.), sent an anonymous letter by post to the Chairman, North Eastern Regional Institute of Science & Technology (NERIST) and Secretary, Ministry of Human Resource & Development, New Delhi. Charges of misconduct were drawn-up and served on the petitioner vide memo dated 06.0...
Devendra Nath Rai Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Dec-20-2007
H. Barua, J.1. By this writ petition under Article 226 of the Constitution of India, the writ petitioner has challenged the legality and correctness of communication bearing No. E. 35014/2001/Pers. 11/1710 dated 23.8.2001 (Annexure-H) issued from the office of the Director General, Central Industrial Security Force and also seeks direction from this Court to issue notional promotion to him in any date prior to 29.6.1991 for maintenance of his seniority in the grade.2. The case of the writ petitioner may be summerised as under:(i) The writ petitioner joined the service in the Central Industrial Security Force on 23.10.1974 as Sub Inspector (Executive) one of the four branches of the said service. After successful completion of seven years of service in the rank, the writ petitioner was promoted to the rank of Inspector (Executive) with effect from 1.4.12.1981 vide office Order dated 21.12.1981 (Annexure-A). After such promotion the promotee is to undergo a probation for a period of two...
Naren Moran Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-19-2007
Hrishikesh Roy, J.1. Heard Mr. B.K. Mahajan, learned Counsel for the petitioner. Also heard Mr. C. Baruah, learned Counsel representing the Army Authorities. Ms. B. Goyal, learned Govt. Advocate, appears for the State respondent.2. The present Habeas Corpus petition has been filed seeking production of one Muteswar Moran, hereinafter referred to as 'detenu', who was alleged to have been picked up on 24.07.2003 by a posse of army personnel, on his way to a weekly bazar under Pengeree Police Station of Tinsukia district.3. In the counter affidavit dated 20.11.2003 sworn by one Sumit Sachdeva, a Lieutenant in the Army, it was averred that the detenu was assisting the army in apprehending Mrs. Okhi Chetia alias Debolata Baruah, a sympathizer/member of the banned ULFA organisation. It was further averred that the detenu, was assisting the army for reward and on 24.07.2003, he assisted the army in apprehending Mrs. Okhi Chetia. It was also averred that on the night of 24th and 25th July, 2...
Khangra Daimary Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-19-2007
B.P. Katakey, J.1. The petitioner, the elder brother of Benudhar Daimary, filed the present writ petition alleging that on 20.12.2000 at about 10 AM the Officer-in-Charge of Rowta Out Post along with one police contingent came to their house and picked up his younger brother Benudhar Daimary along with three other persons from village Gangumakha under Udalguri Police Station in the district of Darrang, Assam in connection with Udalguri Police Station Case No. 24/2000 in presence of his wife and the other villagers and was tortured by the police in presence of the other three persons, who were picked up alongwith Benudhar Daimary in Rowta Police Out Post, resulting in inflicting grievous injuries as a result of which, he died. It has further been contended that on the next date, i.e. on 21.12.2000, when the writ petitioner alongwith other persons of the locality went to the Police Out Post to enquire about his brother, the Officer-in-Charge of the said Out Post informed that Benudhar D...
Reshmi Basfor Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-19-2007
B.P. Katakey, J.1. The petitioner Smti. Reshmi Basfor by the present writ petition is praying for a direction to the Respondents, particularly the State of Assam to create a regular post of Sweeper in the office of the Chief Judicial Magistrate, Sonitpur at Tezpur to facilitate her appointment with retrospective effect i.e. since her initial engagement on daily wage basis by the Chief Judicial Magistrate, Sonitpur at Tezpur contending inter alia that in the year 1975 she was engaged as Sweeper on daily wage basis with an assurance for regular appointment in course of time and though the office of the CJM, Sonitpur at Tezpur has been regularly and continuously utilizing her services, she has not been regularized in service due to lack of any regular sanctioned post of Sweeper in the said office. It has further been contended that though the CJM from time to time including the communication dated 13.11.98 is requesting the Secretary to the Government of Assam, Judicial Department for cr...
Kali Bogo and ors. Vs. Tabom Bam and ors.
Court: Guwahati
Decided on: Dec-18-2007
B.P. Katakey, J.1. The applicants, who are the appellants in Writ Appeal No. 272/2007, filed the present application under Section 12 of the Contempt of Courts Act, 1971 (for short the 'Act') read with Article 215 of the Constitution of India for initiating the proceeding against the respondents under the provisions of the Act alleging wilful disobedience of the order dated 25.6.2007 passed in the aforesaid writ appeal.2. The applicants as writ petitioners filed WP(C) No. 367 (AP)/2006 questioning the legality and validity of the orders of appointment dated 10.7.2006 issued by the Secretary, Social Welfare and Child Development Department, Govt. of Arunachal Pradesh appointing the respondents in the said writ petition, which was disposed of by the learned single Judge vide judgment and order dated 1.6.2007 refusing to interfere with the impugned appointment orders in exercise of the power conferred under Article 226 of the Constitution of India, however, directing the respondent autho...
Oriental Insurance Co. Ltd. Vs. Divisional Manager, National Insurance ...
Court: Guwahati
Decided on: Dec-17-2007
H. Baruah, J.1. Heard Mr. N. Nyorak, learned Counsel for and on behalf of the appellant, the Oriental Insurance Company Limited. None appears for the respondents.2. This appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, order against the judgment and order dated 31.3.2006, passed in MACT Case No. 02/ 2005 by the learned Member, Motor Accident Claims Tribunal, Ziro, District: Lower Subansiri, Arunachal Pradesh, challenging its legality and correctness thereof, in respect of apportionment of the award.3. Respondent herein Smt. Toko Yeri, as claimant, filed a claim application before the learned Member, MACT, Ziro District : Lower Subansiri, under Section 166 of the M.V. Act. 1988 claiming compensation on account of death ofher husband late Jotam Toko Nisha as a result of vehicular accident, which had taken place on 08.08.2005 at 73 km point Joram on Kimin-Ziro road to the tune of Rs. 25.57 lacs including expenses etc. The case of the claimant in a narrow campus as ...
Vungkhonem Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-14-2007
T. Nandakumar Singh, J.1. Heard Ms. G. Puspa, learned Counsel appearing for the petitioner, Mr. A. Madhu Chandra, learned Govt Advocate for the respondent Nos 1 and 2 and Mr. N. Ibotombi, learned Standing Counsel for the respondent No. 3.2. The facts in nutshell of the petitioner's case is that, petitioner's son Late G. liankhomang entered service as Forester Grade II vide Conservator of Forests, Govt, of Manipur Order No. 2/5/78/Forest dated 12.8.76 and he continued to serve for about 11 years and expired on 8.1.87. The Chief Conservator of Forest, Govt of Manipur had issued the order for terminating the service of the petitioner's son vide order No. 2/5/86/ Forest dated 21.1.87.3. During the life time of the petitioner's son Late G. Liankhomang, he had never married to any girl and as such he died unmarried on 8.1.87. During the life time of the petitioner's son, he looked after the welfare of his mother and his younger brothel's and sister. His monthly pay and allowances were the ...
H.R.A. Choudhury Vs. Rockybul Hussain
Court: Guwahati
Decided on: Dec-14-2007
Amitava Roy, J.1. The maintainability of the criminal proceeding being CR Case No. 1715/2007, under Section 500/501, Part-II of the Indian Penal Code (hereinafter referred to as the 'Code'), pending in the Court of the learned Chief Judicial Magistrate, Nagaon and the tenability of the impugned order dated 29.06.2007, passed therein, is in assailment in the instant petition.2. I have heard Mr. J.M. Choudhury, Senior Advocate assisted by Mr. B.M. Choudhury, Advocate for the petitioner and Mr. D. Saikia, Advocate for the opposite party.3. The petition before this Court discloses that the opposite party has filed a complaint against the petitioner as well as the Executive Director and Chief Editor of the daily 'Asomiya Khabar', named therein together with Shri Mayur Talukdar, ., Guwahati, in the Court of the learned Chief Judicial Magistrate, Nagaon, alleging that they had committed an offence under the aforementioned Sections of law by publishing a news item titled as 'Congress has misl...
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