Guwahati Court May 2007 Judgments
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State of Nagaland and ors. Vs. Khekato Sumi
Court: Guwahati
Decided on: May-17-2007
I.A. Ansari, J.1. Heard Ms. Lucy, learned Government Advocate, Nagaland for the appellants, and Ms. Z. Zhimomi, learned Counsel appearing on behalf of the writ petitioner-respondent.The father of the respondent herein died, on 07.09.1999, in harness. The writ petitioner, who was eligible for being considered for regular appointment to the posts of grade-Ill, applied for appointment on compassionate ground. By an order, dated 10.04.2000, the petitioner was appointed to the post of LDA, on contract basis, with effect from 07.04.2000, for a period of six months, in Nagaland Civil Services Secretariat, Kohima, on a fixed pay scale, on compassionate ground, subject to the condition, inter alia, that his service would be terminable, at anytime, without giving notice from either side. By subsequent orders, his appointment to the said post was continued from time to time. In course of time, an interview was held for selection to the post of LDA. In this selection process, the petitioner parti...
Mohan Lal Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-17-2007
Amitava Roy, J.1.The settlement of PTC Negheriting Bodhboria Bazar (hereafter refrred to as the Market) in favour of the respondent No. 3 by the Dergaon Municipal Board (hereafter referred to as the Board) has been assailed as illegal, arbitrary and unconstitutional. The petitioner being a competing tenderer seeks a writ of mandamus to be awarded the market for the current term.2. I have heard Mr. T.J. Mahanta, learned Counsel for the petitioner and Mr. P.C. Dey, learned Counsel for the Board.3. By order dated 12.4.2007, this Court permitted the petitioner to cause service of notice of the proceeding on the respondents 2 and 3 personally. By an affidavit filed on 7.5.2007, the petitioner has avowed that on being approached with a copy of the afore-mentioned order and by the writ petition, the respondent No. 3 refused to accept the same. As on date, he has neither entered appearance nor has represented to be heard.4. The abridged facts are that in response to a Notice Inviting Tender (...
Thilikhu Village and anr. Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: May-16-2007
I.A. Ansari, J.1. Heard Mr. Kakheto Sema, learned Counsel for the petitioner, and Ms. Y. Longkumar, learned Government Advocate, appearing on behalf of the State respondents. None has appeared on behalf of the private respondents.2. Both these writ petitions have been heard, on the request made by the learned Counsel for the parties, analogously, for, both these writ petitions are inextricably linked with each other and the disposal of any of these two writ petitions would have a bearing on the outcome of the remaining writ petition.3. The material facts giving rise to these two writ petitions may, in brief, be set out as follows:By a notice, dated 18.05.2001, issued by the Deputy Commissioner, Dimapur, the writ petitioners were directed to show cause as to why action should not be taken against them or their village, namely, Thilikhu Village, on the reports received by the Deputy Commissioner, Dimapur, alleging, inter alia, that some of the inhabitants of the writ petitioners' villag...
Ghanshyam Sharma and ors. Vs. Jadu Nandan Sharma and ors.
Court: Guwahati
Decided on: May-15-2007
Amitava Roy, J.1. The order in challenge is one dated 06.12.2005, passed by the learned Civil Judge (Sr. Division), No. 3, in Title Suit No.68 of 1999, rejecting the application of the petitioners'/plaintiff's under Order 6, Rule 17 of the Civil Procedure Code (hereafter also referred to as the 'Code'), seeking amendment of the plaint2. I have heard Mr. D.C. Sharma, learned Counsel for the petitioner and Mr. O.P. Bhati, learned Counsel for the opposite party.3. The run up of facts in brief leading to the instant petition has to be minuted. The petitioners instituted the aforementioned suit against the opposite party praying for a decree, inter alia for declaration of their right, title and interest in the property described in Schedule D to the plaint and permanent injunction restraining them from demolishing the godown or any part thereof, described in Schedule C thereto. It was averred that during the lifetime of the father of the petitioner/respondent No. 1, their ancestral propert...
Samiran Begum Vs. State of Assam
Court: Guwahati
Decided on: May-15-2007
Aftab Hussain Saikia, J.1. Heard Mr. J. Abedin, learned Counsel appearing for the appellant and Mr. P.C. Gayan, learned P.P. Assam2. This Criminal appeal has been directed against the judgment and order dated 21.2.2006 passed by the learned Sessions Judge, Darrang, Mangaldai in Sessions Case No. 81 (DM)/05 where by the appellant was found to be guilty of abetment and accordingly she was convicted under Sessions 342/109/376 IPC and sentenced to undergo Rigorous Imprisonment (for short R.I) 3 (three) years 6 (six) months with a fine of Rs. 1000.00, in default R.I. for one month under Section 109/376 IPC. She was also convicted under Section 342 IPC and sentenced to R.I. for 6 months. Both the sentences were ordered to run concurrently.3. The prosecution case in brief is that an FIR was lodged on 16.7.2004 with Dalgaon Police Station by one Rahima Khatun, wife of Miyar Ali P.W.4 alleging inter-alia that on 11.7.2004 at about 12.00 noon while she was away from home, the accused Samiran to...
State of Tripura and ors. Vs. Sunil Chandra Debnath
Court: Guwahati
Decided on: May-15-2007
R.B. MISRA. J.1. Heard Mr. P. Dutta, learned Counsel for the appellants. Also heard Mr. B. Das, learned Sr. Counsel assisted by Ms. S. Das, learned Counsel for the respondent-writ petitioner.2. The present writ appeal has been preferred against the order dated 3.9.01 passed by the learned Single Judge of this court in Civil Rule No. 233 of 1997 where by keeping in view the prayer of the writ petitioner for issuance of a Writ directing the authorities to provide him a suitable job in the Tripura Horticulture Corporation Ltd. for short, 'the Corporation') commensurate to his qualifications such as Assistant Manager (Finance) in the scale of pay of Rs. 2100-5000/- with retrospective effect where by learned Single Judge by the impugned order directed the State Government to accord approval of creation of one post of Marketing Inspector and as soon as the post was created the writ petitioner was directed to be absorbed to the said post.3. It appears that the writ petitioner is a science gr...
Pratima Das and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-15-2007
B.P. Katakey, J.1. This appeal is directed against the judgment and order dated 15.03.2004, passed by the learned single Judge in Writ Petition (C) No. 9089 of 2003 whereby and where under the learned Single Judge dismissed the writ petition filed by the appellants refusing to set aside the order dated 31.10.2003, passed by the Child Development Project Officer (I/C), Raha ICDS Project, Raha, Nagaon, (herein after referred to as 'the CDPO, (I/c), Raha ICDS Project') terminating their engagement as Anganwadi Workers with effect from the date of issuance of such orders. The fact relevant for the purpose of the present appeal is narrated below:(i) Pursuant to the advertisement dated 17.08.2001 issued by the CDPO (I/c), Raha ICDS Project inviting applications for engagement as Anganwadi Workers and Helpers, the written and viva-voce test for selection of candidates were conducted on 07.10.2001 and 14.10.2001, respectively, by the Selection Committee constituted by the Government of Assam ...
Sri Jugia Orang Vs. State of Assam
Court: Guwahati
Decided on: May-15-2007
Amitava Roy, J.1. Being aggrieved by the judgment and order dated 27-1-2001 passed by the Additional Sessions Judge-1, Tinsukia in Sessions Case No. 18(T)/2001 convicting him under Section 302 of the Indian Penal Code and sentencing him to rigorous imprisonment for life and fine of Rs. 1000/- in default, to suffer rigorous imprisonment for another six months, the appellant from jail has preferred this appeal.2. We have heard Mr. R.P. Sarmah, learned Amicus Curiae for the appellant and Mr. K.C. Mahanta, learned Public Prosecutor, Assam for the State of Assam.3. The prosecution case centers around the homicidal death of Sutu Orang, resident of Ara Gaon, husband of the informant Maloti Orang. On 23-7-2000 she lodged a complaint with the Officer-in-charge, Talap Out-Post stating that at about 7.30 P.M. on the previous day i.e. 22-7-2000 her husband who had gone out of the house did not return and on the next day i.e. 23-7-2000 at about 5 A.M. she detected his dead body lying by the side o...
Amrit Kumar Khatoniar Vs. Oil India Ltd. and ors.
Court: Guwahati
Decided on: May-14-2007
Ranjan Gogoi, J.1. All these writ petitions being inter-connected were heard together and are being disposed of by this common judgment and order.2. The facts that will be relevant to the present adjudication may be noticed at the outset.The writ petitioner in W.P. (C) No. 2058 of 2001, Sri Amrit Kumar Khatoniar, joined as an Executive Trainee in Oil India Limited on 8.11.1982. The agitation on the foreigners issue was at its peak in the State of Assam around that time. According to the petitioner (Sri A.K. Khatoniar), the said agitation had affected work in the establishment of the Oil India Limited and in the course of such agitation a large number of Executive Trainees including Sri Khatoniar himself had expressed their difficulties in attending to their regular duties. On 2.7.1983, in accordance with Clause 15 of the appointment order of the petitioner as an Executive Trainee, his training was terminated leading to the consequential cessation of service. On 15.8.1985 the Assam Acc...
Gwendoline Lyngdoh Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: May-11-2007
T. Vaiphei, J.1. The petitioner in this writ petition is praying for issuing a writ of mandamus or a writ of that nature directing the BSF-respondents to acquire 84 acres of her land on payment of compensation.2. The facts of the case as pleaded by the petitioner, in a nutshell, are that the BSF-authorities by the letter at Annexure-I requested the respondent No. 2 to acquire some 85 acres of the land situate at MuKhla near Jowai, belonging to the petitioner to establish one BSF battalion for increasing surveillance on and containing militant and other trans-border crimes. The respondent No. 2 by hi s letter dated 13.3.2002 (Annexure-II) intimated the respondent-BSF that the market value of the land in question was Rs. 28.50p per square feet. The respondent No. 2 also by the letter dated 3.6.2003 requested the Under Secretary, Govt. of Meghalaya, Revenue Department to constitute a Committee for making suitable recommendation as the land was urgently required by the BSF. This apparent...
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