Guwahati Court May 2007 Judgments
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Kanaklata Girls' M.E. School and Ors. Vs. State of Assam and Ors.
Court: Guwahati
Decided on: May-25-2007
B.K. Sharma, J.1. Heard learned Counsel for the parties.2. In all the writ petitions, the basic grievance is the alleged discrimination in the matter of providing financial aid to the educational institutions represented by the petitioners. According to the petitioners, their respective schools have been deprived of the benefit of financial aid without any reasonable classification. It is their stand that the schools represented by the private respondents have been favoured for such financial aid without following the laid down norms. According to the petitioner, their schools being older than that of the schools represented by the private respondents, as per the dates of establishment, dates of recognition etc., their schools ought to have been preferred over the private respondents.3. The criteria for granting financial assistance to the educational institutions was adopted and formulated by a cabinet memorandum. The views of Planning & Development Department, Finance Department and...
Siddhartha Sarkar and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-24-2007
Jasti Chelameswar, C.J.1. These three writ petitions, namely, WP (C) Nos. 2103/07, 4340/06 and 2084/07, were directed to be heard together by a common order of this Court dated 7.5.07 as these writ petitions raise certain common questions of law regarding the validity of the Rules framed by the State of Assam in the context of prescribing eligibility criteria for participating in Common Entrance Examination conducted by the State for selection of candidates for admission into professional courses like medicine, engineering and dental sciences.2. The undisputed facts are that the State of Assam conducts a Common Entrance Examination for the purposes of selecting students for pursuing the abovementioned courses. The conduct of such Common Entrance Examination insofar as it pertains to MBBS/BDS are concerned is governed by the Rules framed by the State of Assam called 'The Medical Colleges of Assam, Regional Dental College, Guwahati and Govt. Ayurvedic College, Guwahati Regulation of Adm...
Shyamali Ghosh (Das) Vs. Agartala Municipal Council and ors.
Court: Guwahati
Decided on: May-24-2007
U.B. Saha, J.1. This writ petition is filed for quashing the notice-dated 24.2.1998 (Annexure-7) issued by the respondent No. 2, notice dated 4.3.98 (Annexure-8) issued by the respondent No. 3 and notice dated 3.8.98 (Annexure-12) whereby and whereunder the petitioner was asked (1) to stop the construction work of her dwelling house, (2) for dismantling the bamboo fencing wall and also the constructed sanitary latrine immediately and (3) at remove construction made without taking permission of the Municipality within seven days from receipt of the notice (3.8.98), otherwise a penalty of Rs. 100/- per day from expiry of seven days from receipt of the said notice shall be charged on her till the date of removal or until the said unauthorized construction will be removed by the Agartala Municipal Council without further notice and expenditure for such removal will be charged on her as per provision of Tripura Municipal Act, 1994.2. Heard Mr. A.K. Bhowmik, learned senior Counsel assisted ...
Prafulla Chandra Sarma and ors. Vs. Gokul Mohan Hazarika and ors.
Court: Guwahati
Decided on: May-23-2007
B.P. Katakey, J.1. The Government of Assam on 07.03.1984 requested the Assam Public Service Commission (APSC) to make selection for direct recruitment to 30 number of posts in each category of ACS Class-I and ACS Class-II and accordingly an advertisement was issued by the APSC on 02.05.1984 for that purpose. The Government of Assam in the meantime vide communication dated 24.11.1984 informed APSC about relaxation of upper age limit by two years and accordingly a revised advertisement was issued by the APSC on 28.11.1984 incorporating the relaxation of two years in the upper age limit. Pursuant to such process of selection the written test as required under Assam Civil Services (Class-I) Rules, 1960 (in short 1960 Rules) was conducted by the APSC, between the period from 05.06.1984 to 01.08.1985 and declared the result of the written examination on 22.02.1986. The APSC conducted the viva-voice test from 25.04.1986 to 30.05.1986 of those candidates who qualified in such written examinat...
Amulya Lal Chowdhury Vs. Tripura Industrial Development Corporation Lt ...
Court: Guwahati
Decided on: May-22-2007
U.B. Saha, J.1. The moot question to be decided in this writ petition is whether the respondent No. 1/Corporation has the power to take over the possession of the mortgaged property of the Guarantor-writ petitioner under Section 29 of the State Financial Corporation Act, 1951 for short SFC Act, 1951') without any proper notice and also whether the Corporation can issue public notice (An-nexure-2 to the writ petition) for auction/ sale of the said property by way of tender for recovering its dues without issuing any prior notice to the guarantor for providing him an opportunity to fulfill his promise, as per his contract, in view of the agreement with the said Corporation, when the respondent No. 2, borrower/loanee fails to make repayment of the loan to the Corporation, respondent No. 1 for which the petitioner stood guarantor.2. Heard Mr. A.K. Bhowmik, learned senior Counsel assisted by Mr. S. Ghosh, learned Counsel for the petitioner and Mr. S.M. Chakraborty, learned senior Counsel a...
Sushil Choudhury Vs. Union of India (Uoi)
Court: Guwahati
Decided on: May-22-2007
T.N.K. Singh, J.1. The writ petitioner Shri Sushil Chowdhury is admittedly Proprietor of two establishments viz. (1) being the Editor, Printer Publisher and the Proprietor of a Newspaper under the name and style of 'Dainik Ganadoot', and (2) Printing Press under the name and style Pioneer Press filed the present writ petition assailing the letter of the Enforcement Officer being No. E.O./SRO/TR/INV/2262, dated December 31, 1997 for giving his comment and justification that Pioneer Press and Dainik Ganadoot come under the purview of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and also the order of the Regional Provident Fund Commissioner, Employees Provident Fund Organisation, Sub-Regional Office, near Bholagiri Ashram, Airport Road, Kathal Bagan, Agartala dated July 28, 1998 under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short Employees' Provident Funds Act, 1952) as communicated under No. SRO/TR/Enf/ AS/ 2225/...
Kandarpa Kumar Das and ors. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-21-2007
B.K. Sharma, J.1. Both the writ petitions are for a direction to the respondents to allow the petitioners to appear in the Class-XII examination conducted by the Central Board of Secondary Education (C.B.S.E.) which commenced w.e.f. 05.03.07 (theory). By the time, the writ petitions were filed, the practical examinations were already over. During the course of hearing of the writ petitions, learned Counsel for the parties have submitted that the practical examinations were held on 9th, 12th and 16th of February, 2007. The written examinations (theory) were held w.e.f. 5th March, 2007 and came to an end on 28th March, 2007. Having regard to the urgency shown in the matter and as requested by the learned Counsel for the parties, the writ petitions have been heard at the admission stage itself and they are being disposed of by this common judgment and order.2. In this writ petition the case as projected by the two petitioner is that they are the students of Class-XII of Kendriya Vidalaya...
Vijaya Bank and ors. Vs. Soumendra Majumdar
Court: Guwahati
Decided on: May-17-2007
I.A. Ansari, J.1. Heard Mr. R. Iralu, learned Counsel for the appellants. None has appeared on behalf of the respondents.2. By order, dated 9.6.05, WP(C) No. 25(K)/02 was disposed of by a learned Single Judge of this Court with the following directions:1. The petitioner shall be paid a sum of Rs. 10,000/- (Rupees ten thousand) as monetary compensation in the nature of palliative by the respondent i.e., Vijaya Bank, and2. When any vacancy arises in the post of clerical cadre in the Vijaya Bank, Dimapur Branch, Nagaland or Vijaya Bank, Kohima Branch, Nagaland within a period of 1 11/2 years, petitioner shall be considered for appointment as he had already been found qualified and suitable by the Board, by relaxing his age.3. The material facts and relevant circumstances, which led to the said directions have been stated in the impugned judgment and order, dated 9.6.05, and we reproduce the same herein below:(2). A short fact of the petitioner's case is that after the nationalization of ...
State of Nagaland Vs. Lipok Ao and ors.
Court: Guwahati
Decided on: May-17-2007
I.A. Ansari, J.1. Though the present appeal arises out of acquittal of persons, who had been charged under Sections 302, 307 and 326 read with Section 34, IPC, it, as would transpire, demonstrates trial Court's complete lack of knowledge of the procedure for trial of criminal cases, particularly, a trial by a Court of Session and also reveals ignorance of the fundamental concepts of criminal jurisprudence.2. With the above prefatory remarks, we must also point out that this is an appeal against the judgment and order, dated 18-2-2002, passed by the Additional Deputy Commissioner (Judicial), Dimapur, in GR-Case No. 256/99, acquitting the accused-respondents of the charges framed against them under Sections 302, 307 and 326 read with Section 34, IPC.3. The case of the prosecution, as unfolded at the trial, may, in brief, be described as follows:(i) In the afternoon of 29-5-1999, Shri L. Imkong, the then Minister, Govt. of Nagaland, was escorted by the personnel of the Nagaland Police in...
Jyoti Forge and Fabrication and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-17-2007
B.K. Sharma, J.1. This writ petition has been filed challenging the appellate order passed by the Assam Board of Revenue upholding the revisional order passed by the Joint Commissioner of Taxes, Assam under the provisions of the Assam General Sales Tax Act, 1993.2. The petitioner is a partnership firm and is engaged in execution of works contract. For the year 1996-97, the petitioner had submitted its return of turn over before the Respondent No. 4 i.e. the Superintendent of Taxes as per the provisions of the Act. In the return so submitted by the petitioner, a claim was made for adjustment of excess payment allegedly claimed for the years 1993-94 and 1994-95 against the tax liability of the year 1996-97. The petitioner also claimed adjustment of tax deducted at source. It is the case of the petitioner that in response to the notice issued by the Respondent No. 4, it had produced the books of Accounts and other relevant documents in support of return so filed. According to the petitio...
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