Guwahati Court June 2007 Judgments
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Dahibal Mistry Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-14-2007
Aftab Hussain Saikia, J.1. Heard Mrs. N. Saikia, learned Counsel for the petitioner and Mrs. V.L. Singh, learned State Counsel, Assam representing the official respondents.2. The cardinal question posed in this writ petition is as to whether the impugned order dated 1.11.2000 issued by the respondent No. 3 dismissing the petitioner from service purportedly in terms of Article 311 (2) (c) of the Constitution of India read with Section 7 of the Assam Police Act, 1861 (for short, 'the Act') and Rule 66 of the Assam Police Manual (Part-III) is tenable in law.3. In the instant case, the petitioner who was working as AB/LN was dismissed from service by the impugned order dated 1.11.2000 basically by invoking the provisions of Article 311(2)(c) of the Constitution. For ready reference, the same be quoted as under:ORDERPerused the findings of the E.O. Shri A.C. Borah, APS, Addl. Supdt. of Police (S) Kokrajhar in connection with D/P No. 22/96 drawn up against delinquent AB L/N (H) 538 Dadhibal...
indra Bahadur Chetry Vs. Nil Kumari Chetry Lrs. of Dil Bahadur Chetry ...
Court: Guwahati
Decided on: Jun-14-2007
H.N. Sarma, J.1. The revisional jurisdiction of this Court under Section 151, CPC, has been so ought to be invoked by the petitioner/judgment debtor by challenging the order dated 29.3.2007 passed by the learned Civil Judge, Tinsukia, in Misc. (J) Case No. 45/2002 arising out of T. Ex. Case No. 5/96.2. I have heard Mr. C.K. Sarma Baruah, learned senior Advocate for the petitioner/judgment debtor and Mr. G.P. Bhowmik, learned Counsel for the respondent.3. Away back on 19.7.94, the decree-holders/respondents instituted the suit against the petitioner/judgment debtor/defendant in the Court of the then Additional District Judge, Tinsukia, which was registered as T.S. No. 43/94. In the said suit the decree-holder/plaintiffs prayed for as follows:1) Declaration of right, title and interest of the plaintiff in respect of the land measuring IB 0K 0L (Bari land) under Dag No. 494,123,493, 927 and 505 of A.P. No. 1,2 and 110, situated at No. 2 Asomiya Gaon, under Tingrai Mouza, and the house st...
Joseph Zimik Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jun-13-2007
B.D. Agarwal, J.1. Both the appeals are being decided by this common judgment inasmuch as both the appeals are arising out of the same judgment and facts of both the appeals are also intimately connected with each other.2. Writ Appeal No. 23 of 2005 has been filed by the delinquent Police Officer; whereas Writ Appeal No. 66 of 2005 has been filed by the State. In the former appeal, the delinquent is praying for modification of the impugned judgment only with regard to payment of back wages; whereas the later appeal has been filed by the State seeking restoration of the order of dismissal ordered by the Appellate Authority vide order dated 6.8.2002. In this way, findings of the learned Single Judge, rendered in the judgment and order dated 7.3.2005 in W.P. (C) No. 675 of 2003, in its entirety have been challenged by both sides from two different angles.3. We have heard Mr. H.N.K. Singh, learned Sr. Advocate assisted by Mr. Kh. Babulindro Singh, learned Counsel for the delinquent; where...
Rakhi Nandi Vs. Babul Dutta and ors.
Court: Guwahati
Decided on: Jun-13-2007
R.B. Misra, J.1. Heard Mr. P.R. Barman, learned Counsel for the appellant. Also heard Mr. A. Lodh, learned Counsel for the respondent-Insurance Company.2. The present appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 3.10.02 passed by the learned Member, Motor Accident Claims Tribunal (for short, 'Tribunal'), West Tripura, Khowai in TS (MAC) No. 68 of 2002. It appears that the claimant-appellant preferred a petition before the learned Tribunal for compensation in reference to the accident which took place on 1.10.2000 at about 6 pm when the claimant was travelling with her brother to Teliamura market on a rickshaw when she was dashed by a speedy vehicle bearing No. AS-14-0036. As a result, the claimant sustained fracture on her left leg and she was hospitalized and had undergone treatment. On the basis of the materials available on record, issues were framed and the claim petition was adjudicated upon. It appears that the ...
V.G. Pillai Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-12-2007
U.B. Saha, J.1. Mr. V.G. Pillai, the appellant herein, was the writ petitioner in Civil Rule No. 73 of 1998 before this Court. In the said Writ Petition, the petitioner had challenged the order passed by the General Security Force Court (for short GSFC) dated 16.02.91 whereby and where-under the petitioner was sentenced to suffer R.I. for 2 years and also dismissed from service for committing a civil offence under Section 46 of the BSF Act, i.e. to say committing rape, an offence punishable under Section 376 IPC. The said order dated 16.2.91 of the GSFC (Annexure-A to the writ petition) was confirmed vide order dated 10.6.91 (Annexure-B to the writ petition) passed by the Inspector General of Border Security Force (for short BSF) Tripura, Cachar and Mizoram Frontier (Confirming Authority) and the communication being No. 6/57/97-Pet/CIO (D&L;)/BSF/O-14 dated 02.01.1998 (Annexure-I to the writ petition), the information regarding rejection of the petitioner's appeal filed under Section...
Rangapara Development Circle Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-12-2007
T. Nandakumar Singh, J.1. The writ petitioner is an NGO (non-Government Organization) constituted in order to attain socio-economic development of the people of Rangapara and its neighbourhood. Though the writ petitioner-NGO is yet to be registered, necessary arrangements are being made for registration. Admittedly, at present petitioner-NGO is an unregistered Organization/Association. The reliefs sought for in the present writ petition are -(i) For a writ in the nature of Mandamus directing/commanding the respondents for the greater public interest involved therein to immediately approve and sanction the proposal submitted by the respondent No. 3 referred in the letter dated 11.8.2006 (vide Annexure No. II) and carry out the following works of the proposal -(ii) Repairing of Balipara to Old Missamari Road under Twelve Finance Commission fund for 2006-07 ; (Ch. 2000.00 M to 4500.00 M).(iii) Improvement of Balipara to Old Missamari (Ch. 0.00 M to 1000.00 M).(iv) Improvement of Balipara...
Trailakya Nath Saloi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-11-2007
J. Chelameswar, C.J.1. These two writ appeals have been preferred by the contesting private respondents in W.P. (C) Nos. 1241/07 and 1256/07, which came to be disposed of by a common order dated 20.03.07. In both the writ petitions, the appointment of the appellant herein as the Principal of the Nalbari College, Assam, who is one of the respondents in these two appeals was the subject matter.2. The appellant herein was appointed by proceeding dated 10.3.07 of the abovementioned respondent-Nalbari College. The abovementioned College is, admittedly, an 'Aided College' within the meaning of the said expression as defined under Rule 2(5) of the Assam Education Department Selection Rules, 1981 which regulate the selection process of Lecturers and Principals of Aided Colleges in the State of Assam.3. A Selection Board is contemplated under Rule 3 with a composition as indicated in Sub-rule 2 thereof. Under Rule 6 the Director of Higher Education is required to ascertain the number of the ex...
Sanglakpam (N) Mema Devi and ors. Vs. Ph. Yaimabi Devi by Her Lrs.
Court: Guwahati
Decided on: Jun-11-2007
B.D. Agarwal, J.1. In this case, a short but an important question of law is to be examined. The question is whether substitution of plaintiffs by way of assignment of interest in the suit would amount to withdrawal of the plaintiffs from the suit. The other ancillary question is whether one of the plaintiffs can assign his or her interest in the suit without the consent of co-plaintiffs.2. I have heard Shri T. Gogonchandra, learned Counsel for the applicants and Shri Ch. Nodiachand, learned senior counsel assisted by Shri Ch. Ngongo, learned Counsel for the Opposite Party.3. This application has been filed by two of the three plaintiffs under Order XXII Rule 10 of the Code of Civil Procedure seeking leave of the court to allow them (Petitioners No. 1 and 2) to be substituted by petitioner No. 3. The substitution is sought for on the ground that the petitioners No. 1 and 2 have gifted their sebaitship to their uncle, Shrithis Court Tunanbi Sharma (Petitioner No. 3) by executing a regi...
Union of India (Uoi) and ors. Vs. State of Meghalaya and anr.
Court: Guwahati
Decided on: Jun-08-2007
T. Vaiphei, J.1. The legality of the order dated 5.6.2006 passed by the learned Additional Deputy Commissioner, East Khasi Hills District, Shillong in MCA No. 2(T) of 2003 directing that the stay order passed by him on 7.5.2003 be continued till otherwise decided by a competent court even after his dismissal of the appeal is called into question in this revision petition.2. Mr. S.C. Shyam, the learned Central Government Counsel appearing for the petitioner and Mr. N.D. Chullai, the learned senior Government Advocate, representing the State of Meghalaya, have been heard at length.3. The facts material for disposal of the revision petition may be briefly stated at the very outset. The then Imperial Government of a India in the Ministry of Defence was stated to have acquired a plot of land measuring an area of 119.7399 acres at Kench's Trace, Shi Hong in three phases between 1928 and 1939. Though the land was surveyed and demarcated by posting pillars on the boundary, no fencing or barri...
Thanglet Vaiphei Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-08-2007
T. Nandakumar Singh, J.1. Heard Mr. Kh. Tarunkumar Singh, learned Counsel appearing for the petitioner as well as Mr. N. Ibotombi Singh, learned C.G.S.C. appearing for the respondents.2. The material facts in brief are that the petitioner is a member of the Scheduled Tribe (for short ST) community of the State of Manipur. The petitioner appeared before the recruitment test for appointment as Nursing Assistant, Army Medical Corps conducted by the authorities of the 17th Battalion, Assam Rifles, Kangla, Imphal. The Selection Committee after various tests, selected the petitioner and found fit for appointment as Nursing Assistant, Army Medical Corps. It is also stated that at the time of recruitment tests, the petitioner was subjected to Medical Examination. Under an order/Selection slip dated 22.11.2000 the petitioner was directed to report on 3.3.2001. A copy of the said order/Selection slip is available at Annexure A/1 to the present writ petition. In the said selection slip/order it ...
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