Guwahati Court June 2007 Judgments
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Mazida Khatun Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-05-2007
Aftab H. Saikia, J.1. Heard learned Counsel for the parties.2. This case has been pending since 1998.3. The issue raised in this writ petition filed on 16.12.1998 pertains to appointment on compassionate ground sought by the petitioner due to the death of her father, late Md. Raisuddin, who died in harness on 28.5.1991 while serving as Librarian of Mohimari Government Aided Senior Madrassa of Kamrup District.4. It is apparent on the face of record that this petition was filed on 16.12.1998 seeking her appointment on compassionate ground in other words she has filed this petition seeking such compassionate appointment after a lapse of seven years.5. The law of appointment on compassionate ground is well settled. Appointment on compassionate ground can only be directed to tide over the immediate financial crunch of the family so faced due to death of the sole breadwinner. In the instant case, it appears that the father of the petitioner died in 1991 and as such, it clearly indicates tha...
Nur Islam and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jun-04-2007
B.P. Katakey, J.1. On the basis of the First Information Report (Exhibit-1) lodged by Md. Abdul Kalam (PW-1), the father of the deceased Mohammad Alion 6.4.1992 alleging that on that day at about 6 p.m. while his son was returning home from Laluk Bazar along with co-villagers Abdul Kadir (PW-4) and Md. Jabed Ali (died before commencement of the trial), Md. Nurul Haque, Md. Ajin Ali, Md. Nur Islam, Md. Hasmat and Md. Hossein Ali armed with dao, lathi etc. waylaid him near the residence of Kabil on Kehutoli road and inflicted injuries on his head and abdomen, causing grievous injuries resulting in his death, Bihpuria P.S. Case No. 122/1992 under Sections 147/148/149/302, IPC, was registered. The investigating agency, pursuant to such registration of the police case started investigation and apprehend Nurul Haque, Hasmat and Hossein Ali but could not apprehend the present appellants, namely Md. Nur Islam, Ajin Ali and Saidul, as they were avoiding arrest and they were declared as abscond...
Lalhuami Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jun-01-2007
Hrishikesh Roy, J.1. Heard Mr. Joel J. Denga, learned Counsel appearing for the petitioner. Also heard Ms. Helen Dawngliani, learned Asstt. Govt. advocate for the State respondent.2. The present case relates to the claim for family pension by the writ petitioner who is aged about 78 years and who claims benefit of family pension as dependent mother of the deceased Govt. servant, Lalhliappuii who died on 26.3.1994 while serving as Weaving Demonstrator in the Govt. of Mizoram. On death of the Government servant her daughter Ruth Lalruatmawii (for short Ruth) was granted family pension up to 11.6.2006, till Ruth attain the age of 25 years. After the daughter of the deceased Govt. servant became 25 years old, the family pension drawn by her on her mother's account was stopped. The petitioner who was fully dependent for her living on her daughter who died on 26.3.1994, was thereafter looked after by her grand daughter Ruth, who sustained writ petitioner on the family pension received by he...
Leitanthem Ongbi Lexibaklei Devi Vs. Leitanthem Yaima Singh
Court: Guwahati
Decided on: Jun-01-2007
B.D. Agarwal, J.1. This First appeal is at the instant of the plaintiffs. The appeal is directed against the judgment and order dated 17.1.2006, passed By the learned Addl. District Judge (PIC), Manipur West in Judicial Misc. Case No. 47 of 2005. By the said order of the learned trial court has rejected the prayer of the temporary injunction of the plaintiffs.2. I have heard Mr. N. Ibotombi, learned Counsel for the appellants and Shri T. Rajendra, learned Counsel for the respondent Nos. 1, 2, 3, 4, 5 and 7. The other respondents, i.e., respondent Nos. 6 and 8 to 10 did not appeared despite notice.3. Without delving the facts at length, suffice is to mention here that the appellants have instituted a suit praying for a decree of partition of the ancestral landed property and other consequential reliefs Along with the suit an application under Order 39, Rules 1,2 and 3 of the Code of Civil Procedure was also filed praying for restraining the defendant No. 1/O.P No. 1 from making any new...
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