Guwahati Court January 2008 Judgments
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Rihon Singh Janoh Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Jan-28-2008
T. Vaiphei, J.1. The sole question which falls for consideration in this miscellaneous application is whether there is satisfactory explanation by the applicant for a delay of 1,666 days in filing the application for restoration of his writ petition? The case of the applicant is that he had filed Civil Rule No. 1747 of 1996 in the Principal Seat of this Court at Guwahati questioning the legality of the order dated 19.2.1996 passed by the Chief Executive Member of the Khasi Autonomous District Council, Shillong and that the case was subsequently transferred to this Bench, which re-numbered the case as W.P.(C) No. 267(SH) of 2000.2. According to the applicant, the dismissal of the writ petition on 24.9.2001 by this Court in default of prosecution was learnt by his counsel on 29.9.2001, but his counsel could not inform him immediately as he happened to reside in the interior part of West Khasi Hills District. However, on receipt of the letter from his counsel intimating him of the news, ...
Jaideep Singh and ors. Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Jan-25-2008
Amitava Roy, J.1. Notices dated 16.12.2006 and 26.4.2007 under Section 13(2) and 13(4) respectively, of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Act') have been assailed to be transgressive of the mandatory pre requisites embodied in the above provisions of the legislation and thus non est in law. The petitioners are the sureties for the financial accommodation availed by M/s. NAP Agencies Private Limited, Guwahati, District Kamrup. The borrower, however, is not on record. This Court while issuing notice on 23.5.2007 directed maintenance of the status quo of the petitioners property involved.2. I have heard Mr. G.N. Sahewalla, Senior Advocate assisted by Mr. M. Singh, Advocate for the petitioners and Mr. K.K. Bhatra, learned Counsel for the creditor Bank.3. The pleaded assertions constituting the factual edifice deserve to be scripted for better appreciation of the rival submissions.4. The...
State of Mizoram Vs. Abdul Jalil and ors.
Court: Guwahati
Decided on: Jan-25-2008
R.B. Misra, J.1. The present criminal reference has been preferred under Rule 9 of the Rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills, 1937 in connection with judgment and order dated 30.08.2006 passed by the District Magistrate, Kolasib in CRL TR. No. 198 of 2003 in reference of the offence Under Section 302/384/34 of I.P.C. read with Section 25(1-B(a) of the Arms Act, whereby, for the murder of K.K. Nath, two accused-persons, namely, Monir Ali Laskar and Anwar Hussain Laskar have been found guilty Under Section.302/384/34 of I.P.C. read with Section 25(1-B)(a) of the Arms Act and accused Monir Ali Laskar has been convicted and sentenced for life imprisonment and to pay a fine of Rs. 10,000/ -, in default of payment of fine, simple imprisonment for another 2(two) years and accused Anwar Hussain Laskar has been convicted and sentenced for life imprisonment and to pay fine of Rs. 5,000/-, in default of payment of fine, simple i...
Jalanta Sen Gupta and anr. Vs. State Election Commission and ors.
Court: Guwahati
Decided on: Jan-24-2008
I.A. Ansari, J.1. Elections to the Panchayats, in Assam, was notified by the State Election Commission, Assam, (in short, 'the Election Commission'), in terms of the provisions contained in the Assam Panchayat Act, 1994, and the rules framed thereunder, namely, Assam Panchayat (Constitution) Rules, 1995. Pursuant to the notification, so issued, panchayat elections have been held, in Assam, in three different phases. Initially, the date for counting of the votes polled was fixed on 14.01.2008. Following, however, objections raised by a section of the electorates alleging illegal omission to make reservation of seats in their favour, the elections, in the district of Darrang, could not be held on the scheduled date, because an interim order had been passed, in this regard, by the High Court. As the interim directions restraining the Election Commission from holding poll on the scheduled date, in the district of Darrang, was, later on, vacated by the High Court, the date for polling was ...
Dilip Goswami and anr. Vs. Anita Goswami and anr.
Court: Guwahati
Decided on: Jan-24-2008
A. Hazarika, J.1. The defendants in the suit are appellants before this Court. The plaintiff filed a suit being Title Suit No. 2 of 2004, for declaration, recovery of possession and permanent injunction. The plaintiff in the meanwhile died on 19.10.2005 and his legal heirs were duly substituted. The said suit was filed on behalf of the plaintiff by a Power of Attorney holder Sri Jyoti Prasad Dutta. In all 5(five) reliefs were prayed in the suit which are quoted hereunder.(i) declaring the plaintiff's right, title and interest over the suit property as described in the Schedule -'B' hereto.(ii) that the eviction of the defendant and any other person/persons in their behalf, if found with them from the suit property and for restoration of khas and vacant possession thereof to the plaintiff, if necessary by breaking open the lock on the door of the suit house.(iii) for permanent injunction and restraining the defendants, their agents and any other person/persons in their behalf from ente...
Sudarsan Brahma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-24-2008
B.K. Sharma, J.1. This writ petition is directed against the order of termination of services of the petitioner.2. The facts as narrated in the writ petition are that the petitioner belonging to the Scheduled Tribes community responded to the advertisement issued by the Divisional Officer, Goalpara Soil Conservation Division, Kokrajhar, i.e. respondent No. 3, inviting applications for the post of Field Worker. Be it stated here that the writ petition does not disclose the date and the mode of issuing the advertisement.3. By Annexure-A letter dated 09.11.99, the petitioner was invited for written test scheduled to be held on 23.11.99. According to the petitioner he was successful in the written test and thereafter he was invited for the interview conducted by the Selection Committee on 26.02.2000. The interview was conducted at the Circuit House, Guwahati. The petitioner has annexed the purported select list dated 26.03.2000 (Annexure -C). It is interesting to note that the petitioner ...
Jagabandhu Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-24-2008
B.K. Sharma, J.1. The petitioner who was appointed as Assistant Teacher (Graduate) on 20.02.80 has filed this writ petition claiming seniority over the respondent No. 6 who according to him was appointed as such on 02.01.81. By the impugned order, it is the respondent No. 6 who has been promoted as Assistant Headmaster of the School.2. There is no dispute that the petitioner was appointed in the school called Binapani High School, Diphu in the District of Karbi Anglong by Annexure-2 order dated 05.01.80. His such appointment was by the Secretary of the Managing Committee of the school. Pursuant thereto, the petitioner joined the school on 20.02.80. According to the petitioner, at the time of joining the school by him, there were only two other teachers excluding the respondent No. 6.3. The appointment of the petitioner was approved by the Inspector of Schools by his order dated 15.11.80 (Annexure-3). It will be appropriate to mention here that although in the order according approval ...
Paresh Ch. Neog Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-24-2008
B.K. Sharma, J.1. The petitioner, an officer of the Education Department being aggrieved by penalty imposed on him pursuant to a departmental proceeding, has prayed for setting aside and quashing the order of penalty and to grant him consequential promotion to next higher grade at per with his juniors.2. Briefly stated, the facts leading to filing of the writ petition are that the petitioner while was serving as Block Elementary Education Officer (BEEO) and In-Charge Deputy Inspector of Schools, was placed under suspension by order dated 20.11.02. He was placed under suspension pending departmental proceeding and in the interest of public service. By yet another notification issued on the same date, i.e. on 20.11.02, the Govt. of Assam in the Education Department cancelled all the orders of the D.I. of Schools, Dhakuakhana w.e.f. 2000 onwards releasing the pay and allowances to large number of L.P. School teachers who had been appointed in 1989. Be it stated here that at the relevant ...
Workmen of Sookerating Tea Estate Vs. Management of Sookerating and an ...
Court: Guwahati
Decided on: Jan-24-2008
B.K. Sharma, J.1. This writ petition is directed against the award passed by the Labour Court answering the issues referred to it in favour of the management and against the workman.2. The petitioner is a Trade Union registered under the Trade Union Act, 1926. A dispute relating to service conditions of workmen had arisen by and between the parties hereto and the same was referred to the Labour Court, Dibrugarh in the form of the following reference.1. (a) Whether the Management of Sookerating Tea Estate are justified in refusing to follow the Wage Board recommendations of 1966 and other subsequent bilateral industry wise agreements for filling up of vacancies? (b) If not, in addition to their present strength of staff whether the management should fill up the vacancies as demanded by the Union?2. (c) Whether the Management of Sookerating Tea Estate are justified in serving the notice of superannuation to Mr. K. C. Changkakati, Head Clerk at the age of 58 years w.e.f. 01.03.98.(d) If ...
MainuddIn Ahmed Vs. Food Corporation of India and ors.
Court: Guwahati
Decided on: Jan-23-2008
B.K. Sharma, J.1. The petitioner, an employee of the Food Corporation of India, is aggrieved by the proposal mooted for recovery of the amount drawn by him pursuant to the granting of selection grade scale to him. The impugned action is sought to be taken after about 10 years of granting the selection grade scale to the petitioner.2. The petitioner while was serving as Assistant Grade-II in the scale of Rs. 1650-2655/- was placed in the selection grade scale of pay of Rs. 1825-3430/- by Annexure-1 office order dated 02.12.1994. Consequent upon such order placing the petitioner in selection grade, his pay was re-fixed by Annexure-2 order dated 07.03.1995. The petitioner continued in the selection grade till December, 2001 when he was promoted as Assistant Grade-I(D) with effect from 02.02.2001.3. By the impugned order dated 25.07.2003 (Annexure-3 to the writ petition), it was conveyed that the petitioner was not eligible for the selection grade scale and that his name was wrongly inclu...
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