Guwahati Court March 2007 Judgments
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Bharat Das Vs. State of Assam
Court: Guwahati
Decided on: Mar-02-2007
A.H. Saikia, J.1. Heard Mr. D. Mazumdar, learned Amicus Curiae and Mr. D. Das, learned P.P. Assam.2. This criminal appeal has been preferred from jail by the appellant challenging his conviction and sentence so imposed by the learned Sessions Judge, Golaghat in Session Case No. 14/2000 by his judgment and order dated 15.11.2000 wherein the appellant having been found guilty of offence under Section 302 IPC was sentenced to suffer imprisonment for life and to pay a fine of Rs. 500.00 in default further rigorous imprisonment for one year.3. The prosecution case in brief is that on 29.07.1997 at about 7 p.m. the appellant Bharat Das along with his two sons, Tingku and Babul came to the house of Shri Angad Das of Halmara Tea Estate under Golaghat Police Station in the District of Golaghat and hit at the door by an axe and having failed to open the door by an axe, the accused persons left the place by scolding the residents. At the relevant time Shri Angad Das was sleeping due to his illne...
Ambuja Cement Eastern Ltd. Vs. Oil and Natural Gas Corporation Ltd. an ...
Court: Guwahati
Decided on: Mar-02-2007
B.K. Sharma, J.1. This application under Article 227 read with Article 226 of the Constitution of India along with Section 151 of the Code of Civil Procedure, 1908 is directed against the order passed by the learned Civil Judge (Sr. Division), Sivasagar refusing to entertain the application filed by the petitioner under Order 39 Rules 1 and 2 read with Section 151 of the CPC and remanding the matter to the learned District & Sessions Judge, Sivasagar for doing the needful.2. The matter relates to arbitration proceeding by and between the parties. To resolve the particular dispute by and between the parties, the Chairman-cum-Managing Director of the respondent-Corporation referred the matter to the appointed arbitrator by his letter dated 19th/20th May, 1994. A question was raised by the petitioner about the validity of the appointment of the arbitrator and the continuity of the arbitration proceeding. Aggrieved by the order passed by the arbitrator on the questions so raised, the peti...
Jatindra Nath Sarma Vs. State of Assam and anr.
Court: Guwahati
Decided on: Mar-02-2007
Amitava Roy, J.1. The petitioner seeks redress against his perceived denial of timely promotion to the post of Executive Engineer in the Public Works Department, Government of Assam (hereafter referred to as the Department) and the resultant detrimental consequences jeopardizing his service career.2. I have heard Mr. K.H. Choudhury, Sr. Advocate assisted by Mr. U.K. Nair, Advocate for the petitioner and Mr. S. Saikia, learned Standing Counsel, Public Works Department for the respondents.3. The fascicule of facts depicting the rival stands deserve attention at the outset. The petitioner who joined the department as Assistant Engineer in the year 1979 was promoted as Assistant Executive Engineer, Public Works Department, S & T Division, Guwahati, in 1987. In the gradation list of such officers, he was placed at Sl. No. 40. During the year 1999/2000, a selection was held for promotion to the next higher post of Executive Engineer. As the number of vacancies therefor was 19, the zone of c...
Salemfort Khonglah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-01-2007
Ranjan Gogoi, J.1. The petitioner, a proprietorship firm, is engaged in the business of sale of coal which is mined in Meghalaya. As the petitioner is engaged in the business of sale of such coal in the several States of Northern India including Bihar the coal has to be transported in trucks through the State of Assam. In the present writ petition the petitioner complains of arbitrary and aggressive actions on the part of the respondents in not permitting movement of the coal-laden trucks through the State of Assam without payment of tax under the Assam Value Added Tax Act, 2003 (hereinafter referred to as 'the Act').2. The geographical location of the North-Eastern States mandates that the trucks loaded with coal of the petitioner has to necessarily move through the State of Assam though such coal may be in transit to the other States in the course of inter-State trade and commerce. Keeping in mind the provisions of Part XIII of the Constitution and also the taxing power of the State...
Sudhindra Kr. Bhattacharjee Vs. Assam Co. Operative Apex Bank and ors.
Court: Guwahati
Decided on: Mar-01-2007
Amitava Roy, J.1. Under assailment is the decision of the Assam Co-operative Apex Bank Ltd. (hereafter also referred to as the 'Bank'), to realize an amount of Rs. 3,31,531.39/-, from the otherwise admissible retiral benefits due to the petitioner, he said to have overstayed in service for a period of 13 months with effect from 01.01.2005.2. I have heard Mr. Bijan Chakraborty, learned Counsel for the petitioner and Mr. A.C. Borbora, Senior Advocate assisted by Mr. G.B. Singh, Advocate for the respondent-Bank.3. As agreed to by the learned Counsel for the parties, this petition is being disposed of at the admission stage, the pleadings being complete. The recorded case of the petitioner, is that after joining the service of the Bank on 07.01.1963, as a temporary godown Assistant, he was regularly appointed thereto on 07.02.1963. He, thereafter, worked his way up in the ranks and at his retirement at 31.01.2006, he held the post of Zonal Manager-I/General Manager, Southern Zone of the B...
Amberlight Lyngdoh Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Mar-01-2007
T. Vaiphei, J.1. In this writ petition, the petitioner is questioning the legality of the disciplinary proceeding initiated against him culminating in the order of punishment dated 4.4.2000 issued by the Chairman of the Meghalaya State Electricity Board and the appellate order dated 22.11.2002 and for payment of salary arrears and thereafter to consider his case for promotion to the post of Assistant Executive Engineer from the date on which the first of his juniors were promoted to the post of Assistant Engineer and to fix his seniority accordingly in the post of Executive Engineer.2. This is the second round of litigation initiated by the petitioner. The facts and circumstances leading to the filling of this writ petition may be briefly noted at the very outset. The petitioner is a graduate in Civil Engineering and was appointed to the post of Assistant Engineer by the Meghalaya State Electricity Board (hereinafter referred to as 'the Board') which he joined in May, 1986 whereupon ...
Tapan Kr. Das and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-01-2007
Ranjan Gogoi, J.1. All these cases being inter connected were heard together and are being disposed of by this common judgment and order.2. The petitioners in all the cases under consideration claim to be dropped teachers of L.P., M.E. and High Schools of the State of Assam. Dropped teachers have been understood to be those who were appointed/engaged prior to provincialisation of the schools but whose services were not provincialised but were dropped. This Court had earlier dealt with the rights of such dropped teachers in a group of about 30 writ petitions i.e. Civil Rule No. 1571/1998 and other connected cases. All the aforesaid cases were disposed of by this Court by judgment and order dated 01.9.2003 directing consideration of all such cases by a Court appointed committee in the light of the eligibility norms spelt out by the Govt., order dated 13.1.2003 which was, to some extent, modified by the Court by its aforesaid order dated 1.9.2003. All persons found eligible were to be r...
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