Guwahati Court March 2007 Judgments

Sakaldew Prasad Sahani Vs. Narakanta Saikia

Court: Guwahati

I.A. Ansari, J.1. The present revision petition reminds one of the slow pace with which the wheels of administration of justice, at times, move, for, the present one is a case, wherein the plaintiff had knocked the doors of the Court about 20 years ago and though his suit, eventually, succeeded, he died without seeing his effort bearing fruits and his legal representative is, now, before this Court with the present revision petition.2. Before I deal with the questions, which have been raised in the present revision, necessary it is that the material facts and various stages, which have given rise to the present revision, may be briefly set out thus : The present petitioner's father, late Radhamohan Sahani, purchased, by a registered sale deed, dated 1.12.1976, a plot of land measuring one Bigha one Katha from five joint patta-holders of the land, namely, Lakhi Das, Maniram Das, Srimati Phuleswari, Golok Das and Akani Das. The petitioner's father had already been in possession of 8 Les...

Binoy Chakma Vs. State of Tripura

Court: Guwahati

A.B. Pal, J.1. I have heard Mr. Nepal Majumder, learned Counsel for the convict appellant Shri Binoy Chakma and Mr. D. Sarkar, learned Public Prosecutor assisted by Mr. R.C. Debnath, learned Counsel for the State respondent.2. This Criminal appeal has arisen from the judgment dated 3-9-2004 of the learned Additional Sessions Judge, Kamalpur, North Tripura in Session Trial 3 (NT/KMP) 04 whereby the appellant herein has been convicted under Section 436 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 7 years.The prosecution version in brief is that on 7-4-2001 at about 4 p.m. a group of miscreants under the leadership of one Benoy Jamatia (absconder) and Benoy Chakma (the appellant herein) raided the village Kamala Asram and tried to assault the villagers who fled away in fear. The miscreants then set on fire. The huts of the villagers causing damages to the tune Rs. 20,000/-. On 13-4-2001, after about six days, one Kirti Bhusan Chakma (PW 1) came to Raish...

Pachhunga University College Teachers' Association and Anr. Vs. North ...

Court: Guwahati

H.N. Sarma, J.1 This writ petition is filed by the Pachhunga University College Teachers' Association (hereinafter referred as 'PUCTA') praying for a direction to the respondent authorities to prepare and publish a Common Seniority List of the Pachhunga University College and that of the Mizoram University and to place their names in the proper position, to open the avenues for their future promotional prospect in terms of the Mizoram University Act and Rules/Regulation framed thereunder.2. I have heard Mr. George Raju, learned Counsel for the petitioners and Mr. N. Sailo, learned Advocate, Mizoram appearing on behalf of Respondent No. 4 and Mr. M. Zothankhuma, learned Counsel for Respondent Nos. 5 & 6. In view of the changed circumstances prevailing now, after coming into effect of the Mizoram University, all the teachers and officers of the NEHU, who were connected with the affairs of the North Eastern Hill University (for short, 'NEHU') that covered by the State of Mizoram, having ...

Management of Assam State Electricity Board Vs. Industrial Tribunal an ...

Court: Guwahati

Amitava Roy, J.1. The challenge is directed against the award dated March 31, 2006, of the Industrial Tribunal, Guwahati, Assam (hereafter also referred to as the 'Tribunal'), passed in Reference Case No. 2 of 2003, directing the petitioner-management to reinstate the workmen involved, if found eligible and fit for their jobs with all back wages.2. I have heard Mr. B.D. Das, learned Standing counsel Assam State Electricity Board (hereafter also referred to as the 'Board') for the petitioner and Mr. A. Dasgupta, learned Counsel for respondent No. 2.3. Before adverting to the rival versions, the terms of the reference under Section 10(1)(d) of the Industrial Disputes Act, 1947 (hereafter for short the 'Act'), contained in the related notification No. GLR/206/2002/34-K, dated December 13, 2002 for adjudication by the learned Tribunal, are extracted hereunder:Schedule-(1) Whether the Management of ASEB. Chandrapur Thermal Power Station, Chandrapur, Guwahati-50 is justified in issuing the ...

Raja Kakati Vs. Union of India (Uoi) and ors.

Court: Guwahati

B.K. Sharma, J.1. The challenge in the writ petition is the order dated 16.10.2006 (Annexure-VII to the writ petition) by which the petitioner's dealership of retail petroleum product has been terminated.2. The Memorandum of Agreement dated 19.11.1997 was entered into by and between the petitioner and the respondent-Corporation in respect of appointment of the petitioner as a dealer for the retail sale of petroleum products in the scheduled premises. The agreement contains the terms and conditions of the dealership. Even prior to me agreement, the father of the petitioner was running the business of selling petroleum product since 1962 from the same premises. After his demise, accepting the verbal request of the petitioner, he was appointed as the dealer by letter dated 25.7.1996 and thereafter, the agreement dated 19.11.1997 was executed by and between the parties.3. According to the petitioner, in the place in which the dealership of the petitioner is located, there is only one petr...

Rana Construction and Engineers and anr. Vs. Food Corporation of India ...

Court: Guwahati

T. Vaiphei, J.1. These two writ petitions, arising out of the same facts and circumstances, were heard together and are being disposed of by this common judgment. For the sake of convenience, I shall first set out the facts of WP(C) No. 220(SH) of 2006, decide the same and thereafter, if necessary, apply the result thereto in WP(C) No. 229 (SH) of 2006.2. In WP(C) No. 220 (SH) of 2006, the petitioner is questioning the legality of the letter dated 14.8.2006, issued by the respondent No. 2 settling the contract for transportation of Food Grains from Ex-Rly Siding Changsari/CWC Amingaon/RH, FSD Guwahati to Godown Complex Agartala, in connection with the NIT dated 12.5.2005 in favour of the respondent No. 5 for a period of one year and allowing the respondent Nos. 4 and 5 to continue with the contract settled till the year 2004 till finalization of the new contract.3. The undisputed facts of the case as emerged from the pleadings of both the parties are that the petitioner is a proprieto...

PrabIn Kr. Das Vs. State of Assam and ors.

Court: Guwahati

Aftab Hussain Saikia, J.1. Heard the learned Counsel for the parties.2. This writ appeal has been directed against the judgment and order dated 19.2.07 passed by the learned Single Judge in W.P. (C). No. 6308/20063. The short and limited point canvassed before this Court pertains to as to whether the extension of the fishery in question can be granted in terms of Rule 8(b) of the Assam Fisheries Rules, 1953 (for short, the Rules') after expiry of the lease period of settlement of the said fishery.4. It would be relevant to outline the factual matrix of the case herein for proper adjudication of the issue raised in this writ appeal. Initially the fishery in question i.e., Brahmaputra Part III(A) was settled with the appellant and Respondent No. 4 on 22.2.90 on 50:50 basis for a period of 4 years w.e.f. 1.4.90 to 30.3.94. Later on, this Fishery was again settled with both the appellant and the respondent No. 4 on 29.4.94 on 50:50 w.e.f. 1.5.94 to 30.4.99 for another five years.5. Be it ...

Uco Bank, Agartala Branch Vs. Dipak Debbarma and ors.

Court: Guwahati

Reported in: AIR2007Gau96; IV(2007)BC169

1. Heard Mr. S. Dulta, learned Counsel for the applicant-UCO Bank. Also heard Mr. A.K. Bhowmik, learned Sr. Counsel assisted by Mr. S. Ghosh, learned Counsel for the will petitioners-respondents and Mr. Somik Deb, Mr. B. Dutta, learned Counsel for the respondent No. 3-Rose Valley Real Estate & Constructions Ltd.By filing this miscallaneous application, the applicant UCO Bank has sought vacation of the interim orders dated 15-2-2007 and 21-2-2007 passed in W.P. (C) No. 41 of 2007.On 15-2-2007, this Court posted the writ petition on 19-2-2007 and directed that the respondents, the applicant herein, shall no! take any further steps on the basis of notification dated 30-12-2006 (Sale Notice).By order dated 21-2-2007, this Court issued notice returnable after two weeks in the writ petition and ordered that the question of maintainability of the writ petition shall be kept open. This Court also extended the earlier interim order till the returnable date.2. To decide this case, it would be ne...

Uco Bank, Agartala Branch Vs. Dipak Debbarma and ors.

Court: Guwahati

Reported in: AIR2007Gau96,IV(2007)BC169,[2007]137CompCas845(Gauhati),(2007)3CompLJ141(Gau),(2007)3GLR918,2007(2)GLT515,[2007]79SCL559(Gau)

ORDERHrishikesh Roy, J.1. Heard Mr. S. Dulta, learned Counsel for the applicant-UCO Bank. Also heard Mr. A.K. Bhowmik, learned Sr. Counsel assisted by Mr. S. Ghosh, learned Counsel for the will petitioners-respondents and Mr. Somik Deb, Mr. B. Dutta, learned Counsel for the respondent No. 3-Rose Valley Real Estate & Constructions Ltd.By filing this miscallaneous application, the applicant UCO Bank has sought vacation of the interim orders dated 15-2-2007 and 21-2-2007 passed in W.P. (C) No. 41 of 2007.On 15-2-2007, this Court posted the writ petition on 19-2-2007 and directed that the respondents, the applicant herein, shall no! take any further steps on the basis of notification dated 30-12-2006 (Sale Notice).By order dated 21-2-2007, this Court issued notice returnable after two weeks in the writ petition and ordered that the question of maintainability of the writ petition shall be kept open. This Court also extended the earlier interim order till the returnable date.2. To decide th...

Ramdeo Sarma Vs. Assam State Electricity Board and ors.

Court: Guwahati

I.A. Ansari, J.1. This revision is directed against the judgment and decree, dated 23.9.2003, passed in Money Appeal No. 3 of 2000, by the learned Civil Judge (Senior Division), Kokrajhar, allowing the appeal and setting aside thereby the judgment and decree, dated 30.9.2002, passed by the learned Civil Judge (Junior Division) No. 1, Kokrajhar, in Money Suit No. 4 of 1999, whereby the learned Trial Court had decreed the plaintiffs suit for recovery of a sum of Rs. 8,000/- with interest @ 12% per annum, with effect from 2.6.1999, until realization, of decretal amount with cost of the suit.2. The case of the plaintiff may, in brief, be described thus:The plaintiff is by profession, a carpenter and has a shop of making furniture, which he runs under the name and style of Ganga Furniture House at Kokrajhar Town. In the month of February/March, 1998, the defendant No. 3 placed order with the plaintiff for supply of six numbers of tables and two numbers of benches and also to repair furnitu...