Guwahati Court September 2007 Judgments
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Customs and Central Excise and ors. Vs. Commissioner, Customs (Prevent ...
Court: Guwahati
Decided on: Sep-11-2007
T. Vaiphei, J.1. This Revision petition is directed against the judgment and order dated 4.5.2007 passed by the learned District Judge, Shillong in FAO No. 2(H) 2007 holding that the learned Munsiff, Shillong has no jurisdiction to try the dispute raised by the petitioners questioning the applicability of Central Government Health Scheme among the employees of Customs (Preventive) Headquarter, Shillong, as the same is a service matter, which cannot be tried by a civil court in view of the bar imposed by Section 14 of the Administrative Tribunals Act, 1985 (the 'Act' for short).2. I have heard Mr. M.F. Qureshi, the learned Counsel for the petitioners and Mr. R. Debnath, the learned CGC appearing for the respondents.3. The facts material for disposal of this revision petition are that the petitioners are employees of the Central Government in the Central Excise and Custom Office, Department of Revenue, Shillong and that they are aggrieved by the introduction of Central Government Health...
Union of India (Uoi) and ors. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Sep-11-2007
T. Nandakumar Singh, J.1. Heard Mr. N. Ibotombi Singh, learned CGSC appearing for the appellants/writ petitioners as well as Mr. Th. Ibohal Singh, learned GA appearing for the respondents.2. By this Writ Appeal, the appellants/ writ petitioners are assailing the impugned judgment and order of the learned single Judge passed on 23-6-2003 in C.R. No. 1131 of 1997 whereby the learned single Judge dismissed the Writ Petition, wherein the appellants/writ petitioners sought for quashing the entire proceedings of FIR Case No. 37(3) 97 of Lamphel P.S. (Annexure-A/ 7 to the writ petition).3. The short fact which would be sufficient for dealing with the present appeal is that one Kangujam Ojit Singh was arrested by the security personnel of the Assam Rifles, led by one Nb./Sub. N.B. Thakuri on 19-2-1997 at about 04.30 hrs. On the same day, the arrested person Kangujam Ojit Singh was handed over to the Officer-in-charge, Singjamei Police Station by the Personnel of Assam Rifles along with an FIR...
Mangra Anand Chewasi Vs. State of Assam
Court: Guwahati
Decided on: Sep-07-2007
Aftab Hussain Saikia, J.1. Heard Mr. R. AH, learned Amicus Curiae. Also heard Mr. K.C. Mahanta, learned P.P., Assam representing the State.2. The appellant herein faced the criminal trial for commission of an offence under Section 302IPC relatable to killing of his own brother-in-law Mangra Sahu Karmakar (hereinafter referred to as 'the deceased').3. On the basis of an F.I.R. lodged on 18.9.2000 by P.W. 1, Sri Sukram Sahu Karmakar, the brother of the deceased with Margherita Police Station alleging that on 17.09.2000 at around 8. O'clock in the night, his brother, the deceased while returning home along with his wife Anga Sukram Sahu, the appellant dealt a cut blow on the neck of his brother with a sharp cutting weapon on the road in front of the house of the P.W. 3, Smti Mangri Surgon Hans thereby causing his death, the Police started investigation and charge-sheet was submitted against the appellant to face the trial under the abovementioned Section.4. The learned Additional Session...
Tripura State Electricity Corporation Ltd. and ors. Vs. Shyamal Chandr ...
Court: Guwahati
Decided on: Sep-06-2007
I.A. Ansari, J.1. The respondent herein purchased a homestead land with a building standing thereon on 10-8-2004, from one Smt. Bakul Karmakar and applied to the SDO, Electrical, Dhajanagar, Udaipur, South Tripura, for domestic electric connection to the said residential house. Based on the application so made, an order was passed by the SDO, Electrical, Dhajanagar, granting requisite sanction. Pursuant to the sanction so granted, the petitioner completed internal wiring of his house and informed the authority concerned to ascertain the estimated cost to be deposited by him. Surprisingly, however, on 17-6-2005, the sanction was unilaterally withdrawn and cancelled without assigning any reason therefor. Further enquiry made by the petitioner revealed that one Samarjit Karmakar was a tenant of Smt. Bakul Karmakar aforementioned from whom the petitioner had purchased the said land and the building, the said tenant had obtained industrial electric connection to his house by extension from...
Oil and Natural Gas Corporation Ltd. Vs. Phula Bala Paul and ors.
Court: Guwahati
Decided on: Sep-06-2007
H.N. Sarma, J.1. Challenging the legality, validity and justifiability in passing the common Award dated 23.11.2001 passed by the learned District Judge, Cachar, Silchar, in Misc (LA) Case Nos. 170/98, 171/98, 346/2000, 34772000, 348/2000 and 349/2000 the present LA Appeals have been filed by the Oil and Natural Gas Corporation Limited. All these appeals have arisen out of a common Award giving rise to common facts and law, as agreed to by the learned Counsel for the parties, these are heard together and disposed of analogously.2. I have heard Mr. S. Dutta, learned Counsel for the appellant and Mr. M.H.R. Borbhuiya, learned Counsel for the respondents.3. A preliminary point has been raised by Mr. Rajborbhuiya about the maintainability of this batch of appeal, inasmuch as, the appellant was not a party either before the Collector or before the Reference Court and, as such, the appellant is not entitled to challenge the award by filing these appeals. However, Mr. Dutta referring to Sect...
Arun Kanungo and ors. Vs. D. PakynteIn and ors. Overruled
Court: Guwahati
Decided on: Sep-06-2007
A.P. Subba, J.1. Since all these appeals filed by four appellants under Section 36B of NDPS Act, 1985 read with Section 374 Clause (2) of Criminal Procedure Code 1973, are directed against the common judgment and order dated 2.6.2006 passed by the learned Court of Special Judge NDPS, Shillong in Criminal (NDPS) Case No. 26/2003 and involve common questions of law and fact they were heard together and are being disposed of by this common judgment.2. The prosecution case, in brief, is that Shri D. Pakyntein, (PW11) an Inspector in the Office of the Commissioner of Custom NER, Shillong, received an information from Special Operation Team (SOT for short) of Meghalaya Police through Shri N.K. Bhandari, Inspector of Customs (PW4), on 19.8.2003 at about 19.50 hours to the effect that one Shri Yasihey Yobin of Dum Dum, Nogthymmai (accused No. 1), the appellant in Criminal Appeal No. 3(SH) 2006 was keeping some heroin in his residence and if a search is conducted immediately the contraband may...
Jorhat Municipal Board and anr. Vs. Sriprakash Baruah
Court: Guwahati
Decided on: Sep-05-2007
H.N. Sarma, J.1. Challenging the jurisdictional authority of learned Civil Judge (Senior Division), Jorhat, in passing the impugned order dated 2.8.2007, the present revision petition has been filed.2. I have heard Mr. Y. Doloi, learned Counsel for the petitioner and also Mr. A. Thakur, learned Counsel for the respondent/ decree holder.3. The petitioner/judgment debtor suffered a decree of Rs. 14,53,053.90 passed in Money Suit No. 35/2004 by the learned Civil Judge, Jorhat. The said money decree having not been satisfied by the Judgment Debtor was put into execution wherein Money Executing Case No. 12/2007 was registered in the file of the learned Civil Judge, Jorhat. On 24.8.2007 when the matter was fixed for order, the petitioner/judgment Debtor filed an application praying for 3 (three) weeks time for settlement of the matter amicably outside the Court. On the same day another application was also filed by the Decree holder praying for attachment of the S.B. account of the Judgment...
Bikram Das Panik Vs. State of Assam
Court: Guwahati
Decided on: Sep-05-2007
R.B. Misra, J.1. Heard Mr. R.M. Chowdhury, learned Amicus Curiae for the accused-appellant. No Public Prosecutor for the respondent-State of Assam is present at the time of hearing of this Criminal Jail Appeal.2. This Criminal Jail Appeal Under Section 374(2) of Code of Criminal Procedure has been preferred against the judgment and order dated 31.03.2003 passed in Sessions Case No. 35 of 2002 holding the accused-appellant guilty Under Section 302 of IPC and sentencing him to undergo imprisonment for life along with a fine of Rs. 1000/-, in default of payment of fine to undergo further rigorous imprisonment for 1 (one) month.3. The prosecution case, in short, is that on 25.10.2000 at about 12.00 of mid night, one Bikram Das Panik (accused-appellant) assaulted Jayanti Panika (since deceased), the brother's wife of the informant, severely on he person while she was sleeping in her house. The F.I.R. was lodged on 26.10.2000 at 9.30 a.m. and a GR. Case No. 1077 of 2000 was registered with ...
Smt. Chongtuokhawi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-05-2007
T. Vaiphei, J.1. This is an application under Article 226 of the Constitution of India filed by the petitioner for directing the Union of India and other authorities to release to her the family pension etc. in respect of the deceased Assam Regiment Personnel.2. I have heard Mr. D.K. Thapa, the learned Counsel for the petitioner and Mr. P. Dey, the learned Central Government Counsel, appearing for the Union of India and other authorities. None appeared for the respondent No. 7 despite proper service of notice upon him.3. Shorn of unnecessary details, the case of the petitioner is that she is legally married wife of the late Joshua P. Dailova, who was a Sepoy bearing registration No. 4361900 in the 15th Assam Regiment and who died on 5-5-1998 while performing duty in 'Operation Meghdoot' in Jammu and Kashmir. According to the petitioner, after the death of her deceased husband, she was turned out from her matrimonial home by her father-in-law., namely, Kaibuaia Mizo, (the respondent No...
Amarendra Kumar Saikia and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-05-2007
B.K. Sharma, J.1. The petitioners are the aspirants for promotion to the post of Sub-Divisional Agricultural Officer (SDAO). Their grievance is that the respondents have violated the provisions of the relevant service rules in initiating process to promote the officers in the feeder grades. Accordingly, the prayer made in this writ petition is for issuance of a direction to the respondents to follow the provisions of the rules.2. The petitioners were initially appointed as Agricultural Extension Officer (AEO) which has now been redesignated as Agricultural Development Officer (ADO). After continuing as such for a considerable length of time, the petitioners were posted as Junior Subject Matter Specialist (JSMS) which has now been redesignated as Senior Agricultural Development Officer (SADO). Such posting of the petitioners was by way of transfer from the cadre of AEO/ADO to JSMS/SADO and the same was done on the basis of the seniority in the cadre of AEO/ADO. According to the petitio...
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