Guwahati Court April 2007 Judgments
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Parghat Kaibarta MIn Silpa Samabai Samity Ltd. and anr. Vs. State of A ...
Court: Guwahati
Decided on: Apr-09-2007
B.K. Sharma, J.1. While the first two writ petitions have been filed by the petitioner making a challenge to the settlement of the particular fishery in favour of the private respondent, the private respondent has filed the third writ petition making a challenge to the order passed by the authority pursuant to interim order passed in the second writ petition, i.e., W.P.(C) No. 4900/06. In the first two writ petitions, the petitioner is one and the same and is a Cooperative Society registered under the Cooperative Societies Act, 1949. For the purpose of making settlement of the fishery called Karha Fishery (Part-I) for a period of five years w.e.f. 23.11.05 to 22.11.10, the Deputy Commissioner, Dhemaji floated notice dated 14.10.05 notifying tenders from the interested parties. The petitioner's society responded to the same by submitting its tender quoting the amount at Rs. 6,51,100/- per annum. Six other tenders including the private respondent had also submitted their tenders.2. The ...
Laishram Ibomcha Singh Vs. State of Manipur and anr.
Court: Guwahati
Decided on: Apr-05-2007
T. Nanda Kumar Singh, J.1. The petitioner being aggrieved by the artificial classification of Senior Accountants who were appointed under the same Recruitment Rules i.e. Departments/Offices of the Govt. of Manipur (Senior Accountant) Recruitment Rules, 1981 discharging the same duties and carrying out the same works for the purpose of revision of pay and allowances, filed the present writ petition.2. Heard Mr. M. Roshni Piba learned Counsel appearing for the petitioner as well as Mr. R.S. Reisang, learned Govt. Advocate for the respondent Nos. 1 and 2.3. A short fact in thumbnail leading to the filing of the present writ petition is that in super session of all previous orders in this regard and in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Manipur makes the rules regulating the methods of recruitment to the post of Senior Accountant in the Departments/Offices under the Govt. of Manipur called the 'Departments/Offices o...
Angom Sushila Devi Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Apr-05-2007
T.N.K. Singh, J.1. By this writ petition, the petitioner is praying for a direction to the respondents to reimburse the medical bill for her treatment at Mallya Hospital, Bangalore on the refusal by the respondents to reimburse the medical bill only on the ground that the said hospital was a private hospital. The point called for decision in the present writ petition is no more res-integra. The decision of the Apex Court in Surjit Singh v. State of Punjab and Ors. reported in : [1996]1SCR1095 and the decision of this Court in Gouri Sengupta v. State of Assam reported in 1999 (3) GLT 601 had already answered the point called for decision in the present writ petition.2. The petitioner is a State Government employee serving as Additional Public Prosecutor-cum-Additional Government Advocate (District) and undisputedly the petitioner is a Class-I Officer of the Government of Manipur.On 27.08.2005, the petitioner left Imphal for Bangalore for her son's admission at Dayananda Sagar of Dental...
State of Tripura Vs. Nikhilesh @ Nikhil Chandra Esh and ors.
Court: Guwahati
Decided on: Apr-05-2007
R.B. Misra, J.1. Heard Mr. D. Sarkar, learned Public Prosecutor assisted by Mr. A. Ghosh, learned Counsel for the State/Appellant and Mr. D. Chakraborty, learned Counsel assisted by Mr. P. Chakraborty, learned Counsel for the respondents.2. The present criminal appeal has been preferred by the State of Tripura under Section 378 of Cr.P.C. against the judgment and order dated 19.09.2001 passed by the learned Additional Judge, North Tripura, Dharmanagar in Case No. S.T. 11 (NT/D)/1999 acquitting the respondents/accused-persons from the offences and charges framed under Section 302 read with Section 34 of IPC.3. The prosecution case as noted by the learned Additional Sessions Judge is that the accused-persons/respondents, namely, Nikhil Esh, Nitesh Esh and Monoranjan Paul on 14.12.1996 at about 2 p.m. at Ichailalcherra under the Churaibari Police Station in furtherance of their common intention committed the murder of Ratan Ghosh alias Gope while he had protested against the illegal feel...
Deepak Kumar Poddar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-05-2007
Hrishikesh Roy, J.1. Heard Dr. A.K. Saraf, learned Senior Counsel appearing for the petitioner assisted by A. Goyal. Also heard Mr. R. Dubey, learned Counsel for the respondents.2. The petitioner has approached this Court challenging the decision dated April 9, 2004 of the District Level Committee, whereby it has been held that the petitioner unit, in respect of the process of filtration of raw mustard oil to make mustard oil, is not entitled to the benefit of sales tax exemption notified through notification dated September 20, 1997 issued by the Government of Assam in exercise of powers under Section 9(4) of the Assam General Sales Tax Act, 1993 (herein after referred to as, 'the Act'). Consequent correction of the eligibility certificate granted to the petitioner as well as the assessment of tax against the petitioner vide order dated July 9, 2004 passed by the Superintendent of Taxes, Goalpara have also been challenged in the instant writ petition.3. Dr. A.K. Saraf, the learned Se...
Jatan Kumar Thaosen and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-04-2007
D. Biswas, Acting C.J.1. The petitioner in PIL No. 1/2007 is a resident of N.C. Hills District. He was a member of the Assam Public Service Commission and also the Principal Secretary of the N.C. Hills Autonomous Council. He filed this petition in the capacity of Advisor of Jadikhe Naisho Hoshom, the Apex Body of Dimasa Society, a predominant tribe of the District. In this Public Interest Litigation he has challenged the notification dated 15.12.2006 issued by the Commissioner and Secretary to the Government of Assam extending the term of the District Council for a period of six months. PIL No. 85 of 2006 is also directed against the said notification with a prayer for interim stay. The petitioner No. 1 in this petition is All Dimasa Students Union actively associated with all developmental works in the District of N.C. Hills. The petitioner No. 2 is the President of All Dimasa Students Union. During the pendency of the proceedings, the petitioners in PIL No. 85/2006 made an oral subm...
Bikash Roy and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-03-2007
B.P. Katakey, J.1. The public interest litigation as well as the writ petition in W.P. (C) No. 5293/06 being related to the land belonging to Auniati Satra (in short 'the Satra') and in both the PIL as well as in the writ petition the claim being the right over an alleged water tank and lease hold right claiming to be the lease holder under the Satra, are taken up together for hearing and disposal, as agreed to by the learned Counsel appearing for the parties.In P.I.L. No. 84/06, the petitioners, Sri Bikash Roy and Sri Amrendra Adhikary, who are the Secretaries of Greater Fatashil Wetland Preservation Committee and Fatashil Gauri Sharma Colony Nagarik Unnayan Samity respectively, are praying for a direction for preservation of water tank and for declaration of the same as a wetland, pursuant to the Government notification dated 31.5.1995 (Annexure-8), for removal of the earth filling in the water tank and also for directing the respondents not to transfer the plot comprising the water...
Harilal Chouhan and anr. Vs. State of Assam
Court: Guwahati
Decided on: Apr-03-2007
I.A. Ansari, J.1. By the judgment and older, dated 18-5-2006, passed, in Sessions Case No. 148(N)/2005, the Additional Sessions Judge (Ad-hoc). Hojai, has convicted the accused-appellant No. 2. namely, Fulen Chauhan, under Section 304 (Fart I) IPC and sentenced him to undergo rigorous imprisonment for seven years with a line of Rs. 2,000/- and, in default of payment of line, to undergo simple imprisonment for a period of sixty days. By the judgment and order aforementioned, the accused appellant No. 1, namely, Harilal Chauhan, stands convicted under Section 523, IPC and sentenced to suffer simple imprisonment for a period of three months.2. I have heard Mr. J.M. Choudhury, learned senior counsel, for the accused-appellants, and Mr. B.S. Sinha, learned Additional Public Prosecutor, Assam.3. The case of the prosecution, in brief, may be described as follows:On 18-6-2003, at about 6.00 a.m. while Abdul Aziz (since deceased) was proceeding on a path, in their village, the accused. Sumer C...
Tapan Majumder Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-03-2007
R.B. Misra, J.1. Heard Mr.this Court Talapatra, learned senior counsel, assisted by Mr. R. Dutta, learned Counsel for the appellant and Mr. T.D. Majumder, learned Additional Government Advocate for the State-respondents.2. The order-dated 12.6.2001 passed by the learned Single Judge in W.P. (C) No. 382/2000 is under challenge in this writ appeal, whereby the learned Single Judge dismissed the writ petition filed by the petitioner-appellant herein.3. On the basis of the records, pleadings, it appears that the petitioner was serving at Srinagar H.S. School as Assistant Teacher, he was absent from duty w.e.f. 1.8.1993 to 20.10.1993 (290 days), 5.11.1993 to 6.3.1995 (487 days) and 14.3.1995 to 28.12.1995 (290 days). The period of his absence from 1.8.1993 to 20.10.1993 (81 days) has been regularized by granting 27 days half-pay leave, 30 days Earned Leave and 24 days Extra Ordinary Leave by the Head of Office/D.D.O. Gamaria H.S. School vide his memo No. F. 1(7)/HM/GHSS/93 dated 6.7.1998 a...
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