Guwahati Court June 2007 Judgments
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Jadab Chandra (Malakar) Das Vs. Sri Sri Hayagriv Madhab and anr.
Court: Guwahati
Decided on: Jun-26-2007
T. NK. Singh, J.1. The present appellant is the defendant in the Title Suit No. 198 of 2000 filed by the respondents-plaintiffs for ejectment of the appellant-defendant, his men and agents from the suit house, which is admittedly belonged to the respondents-plaintiffs in the Court of Civil Judge (Junior Division No. 1 Kamrup, Guwahati. The learned trial Court by passing the judgment and decree dated 30-1-2003 had decreed the Title Suit No. 198 of 2000 in favour of the respondents-plaintiffs for ejectment of the appellant-defendant from the suit house (suit premises) and also for recovery of arrear rent of Rs. 7920.00 along with interest of 15% P.A. from the date of filing of the suit till recovery.2. Against the judgment and decree of the trial Court i.e. Civil Judge (Junior Division) No. 1, Kamrup, Guwahati dated 30-1-2003 passed in Title Suit No. 198/2000, the appellant-defendant preferred an appeal being Title Appeal No. 16 of 2003 in the Court of Civil Judge (Senior Division) No. ...
Sangdingliana and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jun-26-2007
Mutum B.K. Singh, J.1. The restropective service regularization and fixation of seniority of the respondent No. 4 in the inter-se seniority list of senior grade of Mizoram Civil Service (in short 'MCS') officers, are the main issues under challenge in the present case.2. That, on completion of probation period and passing of the departmental examination, the services of the petitioners and respondent No. 4 were confirmed to the junior grade of Mizoram Civil Service on different dates during the period from 23.03.1994 to 18.01.1999.3. That, thereafter, on the recommendation of the Mizoram Public Service Commission (In short 'MPSC') the petitioners, except petitioner No. 12, were promoted to the senior grade of MCS, some on regular basis and some on officiating basis but regularized their services with effect from 29.04.1999. The service of the petitioner No. 12 was regularized to the senior grade of MCS with effect from 31.03.2000. The respondent No. 4 was also given officiating promo...
Ranadhir Gupta Vs. State of Assam
Court: Guwahati
Decided on: Jun-25-2007
D. Biswas, J.1. This appeal is directed against the Judgment dated 16.2.2006 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 39/2004.2. The learned Sessions Judge by the impugned Judgment convicted the accused Ranadhir Gupta Under Section 302 IPC for causing death of his brother Chandan Gupta and sentenced him to R/I for life and to pay a fine of Rs. 5000/-, in default of payment, to further imprisonment for three months. Being aggrieved thereby, this appeal has been preferred challenging the legality and validity of the Judgment passed by the learned Sessions Judge.3. This is a case where two brothers were living together in the same campus with their respective families along with their old parents. On the day of occurrence i.e. 12th August, 2001, the parents were away from home. The younger brother Chandan along with his son was watching TV in their house. At that time, the accused Ranadhir came, pulled out the plug from the switchboard and wanted to take the T...
George Williamson (Assam) Ltd. and anr. Vs. Union of India (Uoi) and o ...
Court: Guwahati
Decided on: Jun-22-2007
H.N. Sarma, J.1. Questioning the constitutional validity of the provisions of Section 115-C(1) and Section 115-C(3) of the Income Tax Act, 1961, (hereinafter referred to as the 'Act'), so far as levy of the additional income-tax on dividends distributed on the basis of agricultural income on the ground of legislative incompetence of Parliament and also praying for a writ in the nature of mandamus to cancel/withdraw the levy of additional income-tax assessed upon the petitioners for the periods 1996-97 to 1999-2000, the present writ petition has been filed.2. We have heard Dr. D. Pal, learned senior counsel along with Dr. A. K. Saraf, learned senior counsel, and Mr. U. Bhuyan, learned standing counsel for the revenue.3. The necessary facts, relevant for the purpose of disposal of this writ petition, inter alia, are that petitioner No. 1 is a company limited by shares, of which petitioner No. 2 is the shareholder. Petitioner No. 1 owns several tea estates within the State of Assam, wher...
All Assam Provincialised Panchayat Employees Association and ors. Vs. ...
Court: Guwahati
Decided on: Jun-22-2007
B.K. Sharma, J.1. The dispute raised in this batch of writ petitions is in respect of appointment, promotion, regularization, provincialisation and posting of the Panchayat employees, more particularly the Panchayat Secretaries. The writ petitions have been heard analogously and are being disposed of by this common judgment and order.2. The first writ petition being W.P. (C) No. 484/06 has been filed for an appropriate direction to the respondents for promotion of the members of the petitioner's Association to the next higher grades including the grade of Panchayat Secretary. It will be pertinent to mention here that by order dated 12.04.06 it was provided that in the event of making any promotion to the post of Gaon Panchayat (G.P.) Secretary, same would be subject to the outcome of the writ petition.3. In the Second writ petition being W.P. (C) No. 325/07, the petitioner has prayed for a direction to the respondents to absorb him as Panchayat Secretary in the particular G.P., namely...
Jyotish Memorial Hospital and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-22-2007
Amitava Roy, J.1. The extra ordinary jurisdiction of this Court is sought to be invoked against the order dated 30.6.2006 of the District Magistrate, Dibrugarh, directing closure of the petitioner hospital and the notice dated 1.11.2006 of the Director of Health Services, Assam withdrawing the 'no objection certificate' dated 13.9.2006 permitting its provisional operation pending registration under the Assam Health Establishment Act, 1993 (hereinafter referred to as the 'Act') and for grant of licence thereunder. In the face of intervening developments during the pendency of this proceeding the challenge stood extended also to the minutes of the meeting of the Scrutiny committee under the Act held on 7.8.2006 and 18.8.2006 as well as the enquiry report dated 6.3.2007 and the decision of the State Health Authority (hereinafter referred to as the 'Authority') dated 14.3.2007 on the basis thereof withholding the registration and the licence to it.2. I have heard Mr. P.J. Saikia, learned ...
Pallavi Chowdhury Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-22-2007
B.K. Sharma, J.1. Heard Mrs. K. Deka, learned Counsel for the petitioner as well as Mr. K.H. Choudhury, learned Sr. counsel assisted by Mr. Sheikh Muktar, learned Counsel for the Respondent No. 3.1 have also heard Mr. M.R. Pathak, learned Standing Counsel, Education Department.2. The petitioner is aggrieved by part of the order impugned herein by which, while promoting her as Head of the Department in Electronics and Telecommunication, she has been posted out of Guwahati to Jorhat, while the Respondent No. 3, who has also been promoted by the said order, has been retained at Guwahati.3. The impugned order is of 6th December, 2005 (Annexure-VI to the writ petition) by which the lecturers/Senior Lecturers of various polytechnic institutions in different branches have been promoted as Head of the Department. The petitioner as well as the Respondent No. 3 have also been promoted as Head of the Department in the Electronics and Telecommunication branch. While the petitioner has been promot...
Binoy Sarma Vs. Life Insurance Corporation of India and ors.
Court: Guwahati
Decided on: Jun-21-2007
B.K. Sharma, J.1. The decision of the Life Insurance Corporation of India (LICI) to terminate the insurance agency of the petitioner is the subject matter of challenge in this writ petition. The petitioner being aggrieved by Annexure-'C order dated 10.8.2005 terminating his service as an insurance agent with the further stipulation that he would also forfeit all future renewal commission and other benefits, has invoked the writ jurisdiction of this Court.2. The petitioner, while was working under the LICI as its agent with Agency Code No. 559/486, North Lakhimpur Branch, was issued with Annexure 'A' show cause notice dated 9th November, 1999 asking him to show cause as to why his agency would not be terminated. Show cause notice was issued under Regulation 8 and 16 of the Life Insurance Corporation of India (Agents) Regulation, 1972 as empowered under schedule-I of Regulation 3(1)(e). The allegation made in the show cause notice was that the petitioner failed to discharge his function...
Tafazzul Ahmed @ Tafazzul Ali and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jun-21-2007
Hrishikesh Roy, J.1. This appeal is preferred against the judgment and order dated 5.2.2004 rendered in Sessions Case No. 76/2004 by the learned Sessions Judge, Karimganj, whereby the accused appellants have been convicted for the commission of offence under Section 447, 323 and 304, IPC, read with Section 148 and 149, IPC. On the basis of the aforesaid conviction, the accused appellants have been sentenced to suffer RI for seven years with a fine of Rs. 1000.00 and also to suffer SI for six months by each of them for the offences committed by them under Sections 304, IPC, read with Sections 148 and 149, PC.2. The case set up by the prosecution is that on 30.1.97 at about 2 PM, the accused persons five of whom were named in the FIR formed an unlawful assembly and trespassed into the house of the complainant and assaulted Lutfa Begum by dragging her out from her house. Salma Begum and Mazu Begum came to rescue Lutfa Begum, but the accused appellants also assaulted them.3. An FIR was lo...
Chandan Malakar Vs. Assam State Electricity Board and ors.
Court: Guwahati
Decided on: Jun-21-2007
B.K. Sharma, J.1. The petitioner presently working as a Junior Engineer under the official respondents, has filed this writ petition for a direction to the respondents to promote him as Assistant Engineer. He has also prayed for setting aside and quashing of Annexure-'F' order of promotion dated 31.12.2004 by which the private respondents have been promoted as Assistant Engineer.2. The petitioner, who is a member of Scheduled Caste community, has claimed that the respondents have violated the provisions of the Assam Scheduled Caste and Scheduled Tribe (Reservation of vacancies in services and posts) Act, 1978 and the rules framed thereunder namely, the Assam Scheduled Caste and Scheduled Tribe (Reservation of Vacancies in Services and Posts) Rules, 1983. Referring to Section 5 of the Act and Rules 4 and 5 of the Rules, it is the case of the petitioner that since the respondents have violated the said provisions, he has been deprived of his promotion to the next higher grade of Assista...
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