Guwahati Court April 2007 Judgments
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Raju Patel Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-26-2007
A.H. Saikia, J.1. The legality and validity of the detention order dated 07.08.2006 issued by the special secretary to the Government of Nagaland, under Sub-sections 3(1) & (2) of the National Security Act, 1980 (for short, 'the Act') has been assailed in this Habeas Corpus Petition (hereinafter referred to as 'the petition').2. It is complained in this petition that the petitioner who is a driver was arrested on 12.05.2006 at around 0700 hrs by the district police manning Khuzama Check gate alleging that he was carrying arms, by using camouflage army uniform in a truck driven by him bearing army vehicle registration. The police on suspicion checked the vehicle wherefrom they recovered about 4,200 Kgs of contraband ganja, including 5(five) Nos. of AK-47 magzines (wooden), 3(three) Nos. magazine pouch, 3(three) Nos. camouflage uniform caps, 2(two) Nos of pants, 4(four) nos of shirts etc. and accordingly a police case was registered in this connection being Kzma PS C/No. 0018/06 Under S...
Management of Kitply Industries Ltd. Vs. Presiding Officer, Labour Cou ...
Court: Guwahati
Decided on: Apr-26-2007
A.H. Saikia, J.1. Heard learned Counsel for the parties.2. By means of this writ petition, the petitioner has challenged the award dated 12.3.03 passed bythe learned Presiding Officer, Labour Court, Dibrugarh in Reference Case No. 22/01 holding that the petitioner/Management of Kitply Industries was not justified in transferring the workman/respondent No. 2 from Margherita Unit in the State of Assam to Rampur Unit which was situated in the State of Uttar Pradesh being two separate units, though owned by the same party and the workman was, therefore, entitled to continue in his service in the same capacity at the same place along with payment of back wages.3. In arriving at the above finding, the Labour Court wholly relied upon the Standing Order of Margherita Unit. According to the Labour Court, since there was no provision for inter State transfer of the employees in the Standing Order of the Margherita Unit and the Standing Order of the Rampur Unit was not placed on record, the Mana...
State of Arunachal Pradesh and ors. Vs. Kuru Talum
Court: Guwahati
Decided on: Apr-26-2007
I.A. Ansari, J.1. The respondent herein was appointed as a Constable Driver by order, dated 06.03.1999, issued by the Deputy Superintendent of Police (Headquarter), Itanagar. While the respondent was serving as a Constable Driver on the strength of such appointment, he was served with order, dated 24.01.2001, whereby his service was terminated on the ground that he was alleged to be involved in a criminal case, but he had suppressed this vital information, while filing up the attestation form at the time of seeking appointment. The writ petitioner impugned the said order of termination, dated 24.01.2001, by making a writ petition, which gave rise to WP(C) No. 39(AP) 2001. The appellants herein, as respondents in the said writ petition, resisted the writ petition by filing their affidavit-in-opposition in the writ petition.2. By order, dated 29.04.2005, the learned Single Judge allowed the writ petition, set aside the impugned order, dated 24.01.2001, aforementioned, and directed re-in...
Keshab Deka Vs. State of Assam
Court: Guwahati
Decided on: Apr-25-2007
A.H. Saikia, J.1. Heard Mr. Sk. Noor Mahammad, learned Counsel who has been appointed today itself as Amicus Curiae in place of Mrs. R. Borbora, the appointed Amicus Curiae as she is not found present when the matter is taken up for hearing although her name has been duly reflected on the board of the regular Part II cause list for the period from 5.3.07 to 27.4.07.2. Also heard Mr. B.B. Gogoi, learned P.P., Assam.3. This criminal jail appeal has been directed against the judgment and order dated 17.8.2001 passed by the learned Ad-hoc Additional Sessions Judge, Darrang at Mangaldoi in Sessions Case No. 70 (DMFT) of 2001 convicting the appellant under Section 302 IPC and sentencing him, to undergo R.I. for life with a fine of Rs. 2000/-, in default, to undergo further R.I. for six months.4. The prosecution case in short is that on 18.7.99 at about 7 P.M. the appellant had some altercations with the deceased Late Ramani Deka and as a result of such altercations, the appellant grievously...
Congregational Church of India (Maraland), Serkawr Group Vs. Congregat ...
Court: Guwahati
Decided on: Apr-24-2007
A.B. Pal, J.1. In this second round of appeal the challenge is to the order dated 19.4.2006 passed by Additional District Magistrate (J), Saiha District, Saiha in 'Revised Order Application No. 1 of 2006' whereby his earlier order dated 7.3.2005 in Civil Revision No. 1 of 2005, which was set aside and quashed by this Court in RFA No. 3 of 2005, has been confirmed after rehearing on remand.2. The case has a chequered career with its genesis in a dispute over certain Church properties between two factions carrying their quarrel to the doors of the court. From a careful reading of the original judgment in Title Suit No. 2 of 2004 and other materials on recor the admitted position emerging from the co. troversies and the background facts may be noticed thus:In 1905 Mr. and Mrs. Rev. Reginald Arthur Lorrain established Lakher Pioneer Mission at London. They came to Serkawr (Maraland) in 1907 and named the Church there as 'Lakher Church'. In 1961 'Lakher Church' was renamed as 'Lakher Indep...
Oriental Insurance Co. Ltd. Vs. Sudip Ranjan Deb and ors.
Court: Guwahati
Decided on: Apr-20-2007
T. Vaiphei, J.1. This M.A.C. Appeal is directed against the award in respect of respondent No. 1 in the common judgment and award dated 16.6.2006 and the order dated 4.7.2006 in M.A.C. Case Nos. 65 to 68 of 2003 and M.A.C. Case No. 17 of 2004.2. The facts giving rise to this appeal are that on 29.11.2003, when the respondent No. 1 was driving Maruti car No. ML 05-D 1228 from Shillong to Guwahati along with the owner of the said vehicle and her relatives as occupants, one Tata Sumo vehicle bearing No. AS 25-B 1146 coming from the opposite direction dashed against his car at a place called 17th Mile, Byrnihat. As a result of the accident, all the occupants of the car, including him, sustained injuries. The respondent No. 1 filed a claim petition under the Workmen's Compensation Act, 1923 ('W.C. Act' for short) being W.C. Case No. M.18/WC/20 of 2003 before the learned Commissioner, East Khasi Hills, Shillong for payment of compensation from the owner of Maruti car driven by him, i.e., th...
National Insurance Company Ltd. Vs. Sati Rani Dey and ors.
Court: Guwahati
Decided on: Apr-19-2007
U.B. Saha, J.1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioner-National Insurance Co. Ltd., (hereinafter referred to as 'Insurance Company') challenging the judgment and award dated 31.3.98 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 199 of 1994 whereby and whereunder the learned Tribunal held that the husband of the claimant/respondent No. 1, Sri Sankar Prasad Dey is entitled to get compensation of Rs. 1,60,000/-along with interest @ 12% per annum with effect from 1.9.1994 i.e., the date of filing of the claim petition till payment.2. Heard Mr. D.R. Choudhury, learned Counsel for the writ petitioner/Insurance Company. Also heard Mr. S. Talapatra, learned senior Counsel assisted by Mr. S.K. Dutta, learned Counsel for the claimant/respondent No. 1 and Mr. S. Chakraborty, learned Counsel for the owner/respondent No. 3.3. The factual aspects, in a nutshell, required to be decided in the writ petiti...
Jayashree Dutta Choudhury Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Apr-18-2007
A.B. Pal, J.1. Smti Jayashree Dutta Choudhury, the petitioner herein, was appointed as Classical teacher on 16.6.1978 by the Director of School Education, Govt. of Tripura, the second respondent herein, in the pay scale of Rs. 325-665/-. In a list of 68 appointees in the offer of appointment dated 25.4.1978 (Annexure-1) the petitioner's name was shown at Sl. No. 43 with her educational qualification 'B.A. Sanskrit, Special Hons. in Bengali'. She was initially posted at Narsingarh Higher Secondary School. Since then she has been in service without any interruption.On 23.4.1982 the State Government, the first respondent herein, issued a memorandum (Annexure-2) granting higher pay scale of Rs. 325-775/- to the Post Graduate and Honours teachers appointed as Classical/Vernacular teachers (including Hindi Teachers and Hindi Pracharaks) with effect from the date of their appointment or the date of acquiring Honours/Post Graduate qualification, whichever is later. Though the petitioner had n...
Nath Singh Mahar Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-18-2007
A.B. Pal, J.1. The petitioner Shri Nath Singh Mahar was enrolled in Assam Rifles on 15.3.1975. Before employment he was married to one Ganga Debi. On 8.3.1985, after a period of more than ten years in service, he contracted a second marriage with one Smti. Sarda Devi when his first wife was alive. This being a misconduct he faced a disciplinary proceeding initiated in January, 1996. Two charges were framed against him. The first charge is that in 1985 when he was Naik Subadar he gave a false declaration that his first wife Ganga Devi died on 15.10.1984. The said declaration was published in the Unit BRO as 42.9.85. Thereafter he married Smt. Sarda Devi. But from the letter dated 19.1.93 of Smt. Ganga Devi, forwarded by Soldier Welfare and Rehabilitation Branch, it came to light that the petitioner gave a false declaration which is unbecoming of a government servant. The second charge is that he contracted a second marriage on 8.3.1985 with Smt. Sarda Devi when his first marriage with ...
Oriental Insurance Co. Ltd. Vs. Ismail Miah and ors.
Court: Guwahati
Decided on: Apr-18-2007
A.B. Pal, J.1. Invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution, the Oriental Insurance Company Limited has called in question validity and correctness of the judgment dated 5.8.2004 in T.S. (MAC) No. 107 of 2001 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala. By that judgment the said tribunal has awarded Rs. 2,23,000/- (Rupees two lakhs twenty three thousands) with interest towards compensation for the death of one Haran Miah on 11.2.2000 due to the injuries sustained by him in a motor accident on 11.6.1998. The short question falling for consideration of this Court is whether a award of compensation for a death, which could not be satisfactorily proved to be the result of a motor accident, can be interfered with in exercise of supervisory jurisdiction under Article 227 of the Constitution.2. The factual matrix of the case is that the deceased Haran Miah was the driver of a Auto Rickshaw bearing registration No. TRT-2522...
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