Guwahati Court February 2007 Judgments
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S. Swett Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Feb-02-2007
R.B. Misra, J.1. Heard Mr. A.M. Mazumdar, learned senior counsel for the petitioner alongwith Ms. F.Z.M. Nongbri. Also heard Mr. H.S. Thangkhiew, learned Counsel for respondent Nos. 6 and 7 and Mr. V.G.K. Kynta, learned Counsel for the respondent No. 3.2. The present writ petition under Article 226 of the Constitution of India has been filed for issuance of Writ of Certiorari questioning the validity of the order dated 22.08.2006 (Annexure-9) with prayer to set aside the same passed by the Syiem of Hima Mylliem, whereby, the petitioner was declined 'sanad' after having been allegedly declared reelected as Headman of Bishnupur, Kenchs' Trace, thereby the petitioner's functioning has been ceased as Rangbah Shnong, and, another order dated 22.08.2006 (Annexure-10) has also been challenged, whereby, certain persons have been appointed by the Acting Syiem to manage the affairs of the locality and to convene the election of Headman.3. As argued for and on behalf of the petitioner, he is leg...
Prasanta Kumar Katoni and ors. Vs. Tuniram Katoni and ors.
Court: Guwahati
Decided on: Feb-01-2007
I.A. Ansari, J.1. This revision is directed against the order, dated 27.05.2005, passed by the learned Civil Judge (Junior Division) No. 1, Jorhat, in Title Suit No. 44/93, dismissing the suit.2. Before I enter into the legality of the impugned order, it is necessary, for effective disposal of the present revision, that the material facts leading to the present revision are taken note of. These facts are, in a nutshell, thus: The suit, in question, was instituted in the year 1997 and the suit came to be fixed for recording of the plaintiff's evidence, for the first time, on 17.08.1995. A number of adjournments were obtained by the plaintiff's for examination of the plaintiff No. 1, who was to be examined as witness No. 3 for the plaintiffs, the adjournments having been obtained on 22.01.1996, 19.03.96, 13.02.2001, 08.03.2001, 20.09.2001, 16.11.2001, 07.12.2001, 11.01.2002, 07.02.2002, 22.03.2002, 26.04.2002 and 06.06.2002.3. After the Code of Civil Procedure (Amendment) Act, 2002, cam...
Miehlo Manasia Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Feb-01-2007
Hrishikesh Roy, J.1. Heard Mr. B.C. Das, learned senior counsel appearing for the appellant/writ petitioner. Also heard Mr. P. Pathak, learned Advocate General representing the respondents Nos. 1 and 2. Mr. AK Phookan, learned senior counsel has appeared and argued on behalf of the respondent No. 3.2. The present writ appeal is directed against the judgment and order dated 8-1-2007 passed in WP (C) No. 6165/2006. The challenge in the writ petition was to the notification dated 28-11-2006 whereby the Chief Executive Member of Mara Autonomous District Council (hereinafter referred to as 'the MADC') was directed to secure a vote of confidence in a special session on 8-1 -2007. By the said order it was further directed that only the elected Members of the District Council shall be permitted to vote in the vote of confidence. The writ petitioner who is a nominated Member of the District Council has challenged the said direction dated 28-11-2006 whereby the nominated Members have been kept ...
Wilbirthforth MomIn Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Feb-01-2007
R.B. Misra, J.1. Heard Mr. B.K. Deb Roy, learned Counsel for the petitioner and Mr. N.D. Chullai, learned Counsel for respondent Nos. 1 to 7. None appears for the respondent No. 8 despite notice to it.2. In the present writ petition, the impugned order dated 01.07.99 (Annexure-4) passed by the Secretary, Managing Committee, Sualmari Govt. Aided (Deficit) ME School, East Garo Hills (in short 'school') terminating the service of the petitioner working as Headmaster of the said school as well as another order dated 12.05.2000 (Annexure-7) giving approval of termination by the Deputy Inspector of Schools, Resubelpara, East Garo Hills have also been challenged. For convenience, the orders dated 01.07.99 and 12.05.2000 are extracted below:3. According to the petitioner, he was originally appointed as Assistant Teacher in the year 1994 in officiating capacityin the said school and later on, his service was regularized on 14.09.1994. According to the petitioner, he has rendered service with s...
National Insurance Company Ltd. Vs. Bikodhar BorgohaIn and ors.
Court: Guwahati
Decided on: Feb-01-2007
I.A. Ansari, J.1. I have heard Mr. Bijan Ch. Das, learned senior counsel, assisted by Ms. Sanchita Roy and Mr. R.C. Paul, advocates, appearing on behalf of the insurer-appellant. None has appeared on behalf of the respondents.2. By the impugned award, dated 29.12.2001, passed in MAC case No. 20/2001, learned Motor Accidents Claims Tribunal, Tinsukia, has awarded to the claimant-respondent Nos. 1 and 2 a sum of Rs. 1,42,000 (Rupees one lakh forty-two thousand), as compensation under Section 166 of the Motor Vehicles Act, 1988 ('the MV Act, 1988'), for the death of Girin Borgohain, who was killed, on 20.11.2000, in a motor vehicular accident involving vehicle No. AS-23 B 2521.3. In the claim proceeding, it was contended by the insurer-appellant that the driver, who drove the said vehicle, did not have a valid driving license and as the vehicle was used in a public place without a driver having a valid driving license, there was a breach of the conditions of the relevant insurance policy...
State (C.B.i.) Acu-iii Vs. Subhash Chandra Ghosh
Court: Guwahati
Decided on: Feb-01-2007
D. Biswas, Acting C.J.1. This application under Section 308(1) Cr.P.C. has been filed by the State represented by the C.B.I. for grant of sanction for prosecution of Sri S.C. Ghosh for tendering false evidence in Special Case No. 2(c)/96 before the learned Special Judge, Assam at Guwahati.2. On completion of investigation in Case No. RC 2(A)/94 ACU-III, the C.B.I. filed chargesheet against respondent Subhash Chandra Ghosh and 24 others under Sections 120B, 467, 468, 471, 477A, 511 read with Section 420 IPC and under Sections 13(2) and 13(1)(d) of the P.C. Act, 1988 before the Special Judge, Assam. The respondent was working as Store Keeper at District Veterinary Office, Goalpara where C.B.I. detected fraudulent withdrawal of Rs. 3,21,19,380. The respondent expressed his desire for making full and true disclosure of the circumstances as to the criminal conspiracy and to the false and fraudulent use of medical bills leading to the withdrawal of the aforesaid amount. His confessional sta...
Manik Dey Vs. State of Assam
Court: Guwahati
Decided on: Feb-01-2007
P.G. Agarwal, J.1. Both the appeals have been heard together and disposed of by this common judgment and Order as both the appeals have arisen out of the judgment and Order dated 7-1-2006 passed by the Sessions Judge, Kamrup, Guwahati In Sessions (Spl) Case No. 137(K)/2001 (GR Case No. 2068/2001) whereby the accused appellant Manik Dey was convicted Under Section 20(b)(ii)(B) of the NDPS Act and sentenced to imprisonment for four years and to pay fine of Rs. 20,000/- in default further imprisonment for one year. By the said order the other accused appellant Dulal Saha was convicted Under Section 20(b)(ii)(C) of the NDPS Act and sentenced to imprisonment for 10 years and to pay fine of Rs. 1 lakh in default further imprisonment for 5 years and both the convicts filed two separate appeals.2. Heard the learned Counsel for both sides.3. The prosecution case in brief is that on 25-6-2000 around 1-30 p.m. on receipt of tip off, accused appellant Dulal Saha was apprehended while he was proce...
Lohit Prokash Dutta and ors. Vs. Kanai Dutta
Court: Guwahati
Decided on: Feb-01-2007
I.A. Ansari, J.1. This revision is directed against the order, dated 22.3.2005, passed by the learned Civil J udge (Jr. Divn.) No. 1, Jorhat, in Title Execution Case No. 15/1979, whereby the learned Court below dismissed the execution proceeding.2. The facts giving rise to the present revision may, in a nutshell, be set out as follows:(i) The present petitioner's predecessor-in-interest, Sailadhar Dutta, instituted TS No. 2/1978 for eviction of the opposite party herein, as defendant in the suit, from a piece of land, which was described by boundaries and area in the plaint. The suit was decreed on 15.9.1978. The decree, so granted, had two parts, one for possession of the land by evicting the defendant therefrom and the other part was regarding realization of money. Pursuant to the Title Execution No. 15/1979, which the decree-holder initiated, the decree-holder received delivery of possession of 5 Lessas of land, though the defendant-judgment debtor was actually in possession of 15 ...
Bank of Baroda Vs. Bibek Verma and ors.
Court: Guwahati
Decided on: Feb-01-2007
R.B. Misra, J.1. Heard Mr. S.C. Shyam, learned Counsel for the petitioner and Mr. K. Khan, the learned Counsel for the respondent No. 1. None appears for the respondent Nos. 2 and 3.2. The present writ petition has been preferred under Articles 226/227 of the Constitution with a prayer to set aside the impugned order dated 22.11.2001 passed by learned Banking Ombudsman.At the very outset it has been enquired from the learned Counsel for the petitioner as to whether the present petition is being addressed under Article 226 or Article 227. On this aspect the learned Counsel for the ptitioner has submitted that the present writ petition in view of the prayer for invoking writ jurisdiction of mandamus and certiorari is to be dealt with under Article 226 of the Constitution.3. For and on behalf of the petitioner/Bank of Baroda while chellenging the impugned order dated 22.11.2001, the facts have been narrated by stating that : A Saving Bank Account No. 13099 was opened in the name of priva...
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