Guwahati Court September 2007 Judgments
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Devyashree Dutta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-28-2007
B.K. Sharma, J.1. The petitioner who has cleared the just concluded HSLC examination, 2007, is aggrieved by the marks awarded to her in the General Mathematics paper.2. The petitioner appeared in the aforesaid examination results of which were declared on 23.05.07. She has obtained 1st Division with Distinction and in General Mathematics she has been awarded 87 marks out of 100 marks. According to her awarding of 87 marks in General Mathematics is much below than her expectation. She made an application on 24.05.07 for re-examination of the answer script. Based on the said application, the respondent Board by its Annexure-5 Results of Re-examination, notified that reexamination of answer script of the petitioner in General Mathematics did not yield any change and accordingly, the remark 'no change' was made against her Roll Number.3. According to the petitioner the answer script of General Mathematics having not been scrutinized properly by the examiner, but for which she would have s...
Sanglakpam Haripriya Devi Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Sep-28-2007
T. Vaiphei, J.1. The prayer of the petitioner in this writ petition is basically for directing the state-respondents to nominate her for undergoing MBBS course in the Medical college of her choice for the year 2007-2008 as a nominee of the State of Manipur on the basis of the qualifying marks secured by her in the Qualifying Examination held on 10.6.2007.2. For better appreciation of the controversy involved in the case, suffice it to reproduce only the relevant facts as pleaded by the parties. For nomination of a candidate to undergo MBBS/BDS Courses in various medical colleges as the nominee for the State of Manipur, there is a set of rules framed by the Government of Manipur known as 'the Manipur MBBS/BDS Entrance Examination (Selection of Candidates for Nomination) Rules, 2004 ('the Rules' for short). Under the Rules, the candidates for nomination are selected by the Selection Board on the basis of the written test of all the eligible candidates. The State Government, in turn, mak...
Alempaao and anr. Vs. the Secretary, Govt. of India and ors.
Court: Guwahati
Decided on: Sep-28-2007
A.P. Subba, J.1. By this Writ petition filed under Article 226 of the Constitution of India, the two petitioners namely Shri Alempa Ao and Shri K.D. Ramsiej seek to challenge the order dated 21.02.2002 cancelling their Ph.D. registration with the North Eastern Hill University (for short 'NEHU') and pray for issuance of a direction to allow the petitioners to submit their thesis under the guidance of their supervisor, Prof. N. Malla.2. The facts of the case, in a nutshell, are that the two petitioners, namely, Shri Alempa Ao, (the petitioner No. 1) and one Shri K.D. Ramsiej, (the petitioner No. 2) both Research Scholars were registered for the Ph.D Degree in the Department of Philosophy, NEHU in the year 1997-1998. Both the petitioners joined the University in the same year i.e. 1997 as Research Scholars in the same Department After joining the University they got themselves registered for Ph.D Degree in the Department of Philosophy on 17.04.1997 and Prof. N. Malla, a distinguished Pro...
Sri Ranjit Debnath Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Sep-28-2007
H.N. Sarma, J.1. Heard Mr. K.N. Bhattacharjee, learned Counsel for the petitioner and Mr. T.D. Mazumdar, learned Govt. counsel appearing for the respondents.2. The pleaded case of the writ petitioner is that he is the practicing Advocate since 1989 both in civil and criminal side.3. The respondents issued an advertisement being No. 01/2007 inviting application in prescribed form for the post of Director and Deputy Director for the State Prosecution Directorate established under Home Department, Government of Tripura. In the said advertisement the qualification laid down for the post of Director Prosecution is stated as follows:1. The Candidate must possess a Law Degree.2. The Candidate must be a practicing Advocate for not less than 10 years.Desirable:1. Candidate having experience as a prosecution lawyer.Age:1. The candidate must have attained the age of 35 years and not exceed the age of 45 years as on 1-8-2007. 4. The aforesaid Directorate of Prosecution has been established by the...
Bhubon Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Sep-28-2007
M.B.K. Singh, J.1. Heard Mr. Kh. Tarunkumar, learned Counsel appearing on behalf of the petitioner and Mr. Jagjit, learned Additional G.A. appearing on behalf of the Government respondents.2. The petitioner, who was serving as a Rifleman being No. 9750 of the 9th Battalion, Manipur Rifles, Government of Manipur, has filed this writ petition praying mainly for quashing the order of the Commandant of 9th Bn., Manipur Rifles dated 12.1.2001 and the order of the Deputy Inspector General of Police (Ops.-II) Manipur dated 28.3.2001 by which, inter-alia, the petitioner was dismissed from his service and his appeal as against the said dismissal order was rejected respectively. According to the petitioner, the impugned dismissal order, dated 12.1.2001, was based on findings of the inquiry proceeded as against him and others and the said inquiry was proceeded illegally and in-violation of the principles of natural justice and as such the impugned dismissal order passed on the said findings in t...
S.S.K. Exports Ltd. Vs. Parcon India Private Ltd.
Court: Guwahati
Decided on: Sep-28-2007
Aftab Hussain Saikia, J.1. Heard Mr. N. Dutta, learned Sr. Counsel assisted by Mr. J. Roy, learned counsel appearing for the appellant. Also heard Mr. A. K. Goswami, learned Sr. Counsel assisted by Mr. R. Chakraborty and Ms. B. Sarma, learned Counsel appearing on behalf of the Respondent.2. This First Appeal from Order has been directed against the Order dated 17.3.2006 passed by the learned Civil Judge (Senior Division), Jorhat in Title Suit No. 58 of 2005 whereby the learned Judge while allowing the application so filed by the defendant/respondent herein under Order VII Rule 10 read with Section 151 of the Code of Civil Procedure, returned the plaint so filed by the plaintiff/ap-pellant holding that the instant case fell exclusively within the jurisdiction of Kolkata Court; meaning thereby the Jorhat Court had no jurisdiction to try the suit in question.3. The cardinal issue raised in this appeal is as to whether the Jorhat Court has the jurisdiction to try Civil Suit being T.S. No....
Management of Assam Tribune Pvt. Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-28-2007
B.K. Sharma, J.1. The challenge made in this writ petition is the judgment and order passed by the authority under Payment of Gratuity Act, 1972 and the appellate order thereof passed by the Appellate Authority.2. The facts leading to filing of the instant writ petition are that the respondent No. 3, retired Deputy Editor of the newspaper called 'Assam Tribune' represented by the petitioner management, after retirement from service in 1997 and after receipt of the gratuity amounting to Rs. 1,69,181/- submitted representation dated September 11, 1997 claiming gratuity following the norms of 26 days average month under the Payment of Gratuity Act, 1972. The amount claimed was for Rs. 2,23,128.17.3. When the aforesaid claim of the respondent No. 3 was not accepted by the petitioner management, he made a further representation to the Controlling Authority-cum-senior Assistant Labour Commissioner praying for recovery of the balance amount of gratuity payable to him. It was claimed that hi...
Samiran Paul Vs. Anubha Banik and ors.
Court: Guwahati
Decided on: Sep-28-2007
B.P. Katakey, J.1. The petitioners, by these petitions seek to invoke the jurisdiction of this Court under Section 115 read with Section 151 of Code of Civil Procedure (in short, 'the Code') challenging the orders all dated 26.06.2006 passed by the learned Civil Judge (Jr. Division), No. 1, Silchar in different Misc. (Rent Control) cases filed for depositing the rent in Court for the month of December, 2005 under the provisions of Sub-section 4 of Section 5 of the Assam Urban Areas Rent Control Act, 1972 (in short, 'the Act'). Since the questions involved in the present petitions are similar and identical, hence all these petitions are taken up for hearing and disposal together, as agreed to by the learned Counsel for the parties.2. The petitioners on 16.01.2006 filed Miscellaneous Applications in the Court of the learned Civil Judge (Jr. Division), No. 1, Silchar under Sub-section 4 of Section 5 of the Act depositing the monthly rent for the month of December, 2005, which were regist...
Khrushed Ali Vs. Altab Ali and ors.
Court: Guwahati
Decided on: Sep-28-2007
B.P. Katakey, J.1. The appellant as plaintiff instituted Title Suit No. 90 ofl995 in the Court of the learned Civil Judge (Jr. Division), No. 1 at Nagaon against the present respondents as defendants praying for a decree declaring the right, title and interest in respect 'Ka' schedule land, confirmation of possession in respect of 'Kha' schedule land, which is part of the 'Ka' schedule land and recovery of khas possession in respect of 'Ga' schedule land, which is also a part of the 'Ka' schedule land, by evicting the respondents/defendants therefrom contending inter alia that his paternal grand father Osman Seikh Bepari, who was the absolute owner of the 'Ka' schedule land gifted the said land measuring 6 Bighas by executing a registered deed of gift on 20.04.1960 as his father has died. It has further been contended that at the request of the respondent/defendant No. 1, who was evicted from the Government land 10 (ten) years prior to filing of the suit, he was allowed to stay in the...
Zenith Drugs and Allied Agencies (P) Ltd. Vs. Union of India (Uoi) and ...
Court: Guwahati
Decided on: Sep-27-2007
Aftab H. Saikia, J.1. Heard Mr. R.L. Yadav and Miss S. Kejriwal, learned Counsel for the petitioner as well as Mr. D. Baruah, learned C.G.C.2. At the time of acceptance of this reference, this Court, after hearing the learned Counsel for the parties and upon consideration of the materials available on record, the following question of law under Section 130A of the Custom Act, 1962 (for short, 'the Act') being the law in force prior to its repealment by the National Tax Tribunal Act, 2005 with effect from 28.12.2005, was formulated.Whether storing of Phensedyl Cough Syrup in the godown of the transporter namely M/S. Dooars Transport Ltd. Near the Bangladesh Border in itself will lead to the irrefutable conclusion that the cough syrup was meant for smuggling to Bangladesh without any supporting primary facts?3. Before answering the abovementioned question of law, it would be appropriate and apt to notice the factual matrix of the case in brief.4. The petitioner herein, M/S. Zenith Drugs...
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