Guwahati Court March 2007 Judgments

Pradip Chakma Vs. State of Tripura

Court: Guwahati

Mutum B.K. Singh, J.1. The judgment dated 26-6-2000 passed by the learned Assistant Sessions Judge, North Tripura, Dharmanagar in S.T. 47(NT/D)/1999 convicting the appellant under Section 395 of the Indian Penal Code and sentencing him to undergo 8 years rigorous imprisonment with a fine of Rs. 5,000/- and in default of payment, to suffer rigorous imprisonment for 2 years, is under challenge in this appeal.2. Heard Mr. A. K. Deb, learned Counsel appearing for the appellant and Mr. R.C. Debnath, learned Special P. P. for the State-respondent.3. The prosecution story, in short, is that on 3-9-1990 at about 12.00 hours, one Sri Pratap Ranjan Dey, Kanangohu Cashier of the office of the Executive Engineer, PWD, Kanchanpur, Tripura North, lodged a written ejahar to the Officer-in-charge, Kanchanpur police station stating that on the same day i.e. 3-9-1990 at about 11.15 hours, he was returning by the Office vehicle after drawing a sum of Rs. 2,50,000/- from the Tripura Gramin Bank, Kanchanp...

Union of India (Uoi) and ors. Vs. Bir Bahadur Chhetri

Court: Guwahati

I.A. Ansari, J.1. The subject-matter of the writ petition, which has given rise to the present appeal, is the writ petitioner's dismissal from service, under Section 20 of the Army Act, 1950, on the ground that the writ petitioner, a member of the Assam Rifles, which is a paramilitary force, had, while functioning as a Second-in-Command of a Road Opening Patrol Party, shown cowardice by running away from the place, where the said patrol party was ambushed, leaving behind the dead-bodies of the rifle-men of his battalion, his act of cowardice helped the insurgents to take away weapons and ammunitions from the said dead bodies.2. The essential facts and materials stages, which have led to the present appeal, may, in brief, be set out as follows:(i) On 9th or 10th November, 1994, 16th Maratha Light Infantry was directed to provide road opening patrol on Morioni-Mukokchang road near Desai bridge. This patrol party was to guard the road, as an advance party, in order to ensure safe passage...

Principal Secretary to the Government of Nagaland Vs. Dimapur Contract ...

Court: Guwahati

I.A. Ansari, J.1. The respondent No. 1 herein is an association of contractors and suppliers of the Public Works Department, Government of Nagaland. The respondent, as writ petitioner, filed a writ petition, which gave rise to WP (C) No. 37(K)/2007, its case being, in brief, thus, the petitioner is a guild of contractors and suppliers based at Dimapur and carries construction work and supplies to the establishment of Executive Engineer, PWD (Housing Division), Nagaland. As many as 329 members of the petitioner association carried out the contract works and made supplies to the said establishment. In course of time, as much as Rs. 91,14,847 fell due for payment to the said 329 members of the petitioner association. Despite repeated demands raised by the petitioner association, no payment has been made by the department concerned. As members of the petitioner association had borrowed money, on interest, from various sources, non-payment of bills have been causing great hardship to the m...

Dharam Deo Verma Vs. Ved Mitra Verma

Court: Guwahati

T. Vaiphei, J.1. This appeal is directed against the judgment and order dated 13.07.2004 passed by the learned Addl. Deputy Commissioner, Shillong, in L/A Misc, Case No. 38(T)1992, refusing Letters of Administration under Section 299 of the Indian Succession Act, 1925, in favour of the Appellant.2. Heard Mr. M.F. Qureshi, the learned Counsel for the appellant and Mr. S.R. Sen, the learned senior counsel for the respondent.The facts relevant for diposal of this appeal may be briefly noted at the outset. One late Satyanand Verma died on 25.09.76 at Nongthymmai, Shillong, and was alleged to have executed a Will on 20.11.74 which was registered on the same date in the Office of Sub-Registrar, Jansath, Muzaffarnagar District (U.R), which was witnessed by (i) Ramsaran (ii) Trilokinath and (iii) Shri Krishna Murari, Sub-Registrar, Jansath. Seventeen years after the death of late Satyanand Verma, the appellant filed an application under Section 276 of the Indian Succession Act, 1925, (the Act...

Himani Malngiang and ors. Vs. Lummawshun Minerals (P.) Ltd. and ors.

Court: Guwahati

T. Vaiphei, J.1. This appeal is directed against the order dated 3.11.2005 passed by the learned Assistant District Judge, Shillong in TS No. 11(H) of 2005 holding that the Court at Shillong has no jurisdiction to try the suit tiled by the appellants for recovery of compensation for wrong done to his/her landed properties situate at Khadduria and Dilong under the Sheila Wahadadarship of the East Khasi Hills District.2. The controversy arose on the following facts and circumstances. The respondent No. 1 is a company constituted under the Companies Act, 1956 with its registered office at Hotel Polo Towers, Polo Ground, Oakland Road, Shillong and has acquired landed properties at Nongtrai for mining of limestone and shale mines and for construction of a Cement Plant to be built by its present company, namely, Lafarge Surma Ltd. in Bangladesh. To that end, the respondent No. 1 constructed and installed Ropeway Conveyor belt for linking its minestones quarry site at Nongtrai village, Sheil...

BipIn Rajbongshi Vs. Union of India (Uoi) and ors.

Court: Guwahati

Ranjan Gogoi, J.1. An order dated 18/29.5.2002 imposing the penalty of recovery of a sum of Rs. 1,50,000 from the monthly salary of the petitioner has been assailed in this writ petition.2. The brief facts may be noticed at this stage.At the relevant point of time the petitioner was holding the post of Assistant Grade-II and he was posted in Shed No. 3/4 of the Food Storage Depot of the Food Corporation of India in Beltola within the City of Guwahati. By a memorandum dated 6.9.2001 the petitioner was informed that his disciplinary authority was proposing to take action against him under regulation 60 of the Food Corporation of India (Staff Regulations), 1971 ('the Regulations) on account of certain omissions and commissions, details of which were appended to the aforesaid memorandum dated 6.9.2001. The petitioner was given an opportunity to submit a representation against the action that was proposed to be taken. The essence of the charge against the petitioner is one of negligence of...

H.N. Bhorali Vs. Lily Marbaniang

Court: Guwahati

T. Vaiphei, J.1. This Revision Petition is directed against the order dated 11.7.2006 passed by the learned Addl. Deputy Commissioner in TCA No. 3 (T) 2005, dismissing the appeal filed by the petitioner and affirming the judgment and order dated 23.6.2003 passed by the trial Court in Title Suit No. 2(T) 1993 refusing to decree the suit filed by him for declaration and mandatory injunction and cancellation of the sale deed executed between the respondent and the defendants.2. The material facts of the case leading to the filing of this Revision petition are that one landed property measuring about 0.210 acres covered by Plot No. 75 and Patta No. 62 situated at Lachumiere, Shillong, was granted by the Deputy Commissioner to late Dr. P.D. Hazarika. The said Dr. P.D. Hazarika, after the grant, constructed a residential building which was duly registered as holding No. 174 and lived there with his wife Smti Punnya Prabha Hazarikanee Bhorali. The petitioner, who is the son of the brother of...

H.N. Bhorali Vs. Lily Marbaniang

Court: Guwahati

Reported in: 2007(2)GLT927

T. Vaiphei, J.1. This Revision Petition is directed against the order dated 11.7.2006 passed by the learned Addl. Deputy Commissioner in TCA No. 3 (T) 2005, dismissing the appeal filed by the petitioner and affirming the judgment and order dated 23.6.2003 passed by the trial Court in Title Suit No. 2(T) 1993 refusing to decree the suit filed by him for declaration and mandatory injunction and cancellation of the sale deed executed between the respondent and the defendants.2. The material facts of the case leading to the filing of this Revision petition are that one landed property measuring about 0.210 acres covered by Plot No. 75 and Patta No. 62 situated at Lachumiere, Shillong, was granted by the Deputy Commissioner to late Dr. P.D. Hazarika. The said Dr. P.D. Hazarika, after the grant, constructed a residential building which was duly registered as holding No. 174 and lived there with his wife Smti Punnya Prabha Hazarikanee Bhorali. The petitioner, who is the son of the brother of ...

Mina Sarma Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. The order under challenge is one dated 6.2.2007 passed by the Director of Health Services (FW), Government of Assam, keeping in abeyance the order dated 4.1.2007 whereby the petitioner and the respondent No. 4 were transferred to the posts as referred to therein.2. I have heard Mr. A.M. Bujarbaruah, learned Counsel for the petitioner. Also heard Mr. D. Saikia, learned Standing counsel, Health & Family Welfare Department and Mr. J. Handique, learned Counsel for the respondent No. 4.3. The pleaded versions of the parties would be necessary to better appreciate the submissions made. The petitioner has averred that by order dated 28.11.2006 she, a nurse (ANM) under the Director of Health Services (FW), Assam was transferred from Kamakhya State Dispensary to Rangjuli PHC under the Additional Medical and Health Officer, Goalpara vice one Miramayee Kalita, ANM transferred to her place. By a subsequent order dated 4.1.2007 the petitioner was transferred and posted at the Pan...

Gopal Koch Vs. State of Meghalaya and ors.

Court: Guwahati

T. Vaiphei, J.1. Heard Mr. N. Anix Singh, the learned Counsel for the petitioner and Mr. B. Bhattacharjee, the learned Counsel for the State-respondents.2. With the consent of both the counsel appearing for the rival parties, this writ petition is being heard and disposed of at the Motion stage.3. The case of the petitioner is that, he is representing the Khanapara Nava Yuvak Durga Puja Committee situated at Khanapara under Raid Marwet Syiemship area and as per customary law, the Syiem and its local Durbar is the custodian of 'Elaka' and there are two types of land in the Syiemship area i.e. Ri-Kynti (private land) and Ri-Raid land (People land) and the Government has no power over the said land and the Syiem of the area and its Durbar looks after the said land and they can issue certificates regarding possession of the land as per customary law of Meghalaya which was not interfered by the British at that time also.4. The petitioner's Durga Puja Committee has been possessing land and ...