Guwahati Court February 2008 Judgments
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Uken Pegu and anr. Vs. Romesh Chandra Borah and ors.
Court: Guwahati
Decided on: Feb-29-2008
Hrishikesh Roy, J.1. The writ appeal No. 402/07 has been filed Uken Pegu who was the respondent No. 3 in W.P. (C) No. 4072/07. The State of Assam and their officials have filed the second writ appeal No. 403/2007.The appellants are aggrieved by the judgment and order dated 15.10.2007, whereby the learned Single Judge, allowed the writ petition No. 4072/07 filed by Romesh Ch. Borah (Chief Engineer, Quality Control) and quashed the impugned promotion order dated 3.8.2007, whereby the appellant Uken Pegu was posted to the post of Chief Engineer, Water Resources in the Department.2. The service conditions, governing the appointment in the Water Resources Department (earlier known as the Flood Control Department) are governed by a set of Rules, named as 'The Assam Engineering (Flood Control Department) Service Rules, 1981'(hereinafter referred to as the Rules).3. Under Rule 3(1) amongst the Class I (Senior Grade), the posts of, inter alia, Secretary to the Government, Chief Engineer, Addl....
Gauhati University and anr. Vs. Punamdita Rai Baruah
Court: Guwahati
Decided on: Feb-29-2008
Hrishikesh Roy, J.1. Heard Mr. R.P. Kakati, learned Counsel for the Appellants/Gauhati University. Also heard Mr. P.K. Goswami, learned senior counsel who represents the respondent/writ petitioner.2. This appeal is presented against the judgment and order dt. 19.12.07 passed by the learned Single Judge in W.P.(C) No. 5532/ 2007, whereby the writ petition was ordered in favour of the petitioner.3. The writ petitioner, who appeared for. her LL.B. Final Examination from Gauhati University, on declaration of her result on 21.7.07 found that she had failed in paper No. IV (Civil Procedure Code) and paper No. VI. (Environmental Law), On application made, the University authorities re-evaluated the answer scripts and declared her as passed in the paper No. IV (CPC). But the University authorities determined that she received only 27 marks in paper No. VI and accordingly has failed to secure the requisite 40 marks necessary for passing the examination.4. The petitioner approached this Court ...
Ramesh Kumar JaIn and anr. Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Feb-29-2008
P.K. Musahary, J.1. Heard Mr. B.N. Majumder, learned Counsel for the petitioners and Mr. B. Das, learned Senior Counsel for the respondent No. 2. Also heard Mr. R.C. Debnath, learned P.P. In-charge appearing for the respondent No. 1.2. This application under Section 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed by the petitioners for setting aside the judgment dated 12.09.2002 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Revision No. 51(3)/2000 wherein and whereby the order dated 16.09.2000 passed by the Judicial Magistrate, 1st Class, Court No. 1, Agartala in Cr. Case No. 3142 of 2000 was upheld.3. The petitioner No. 1 is the proprietor of M/s Jain Udyog, Agartala dealing in as an authorized dealer of Maruti Udyog Limited having their Sales Office-cum-workshop at Arundhutinagar, Agartala and the petitioner No. 2 is a worker under the petitioner No. 1. The respondent No. 2 filed a complaint petition before the Chief Judicial ...
Gopal Jhunjhunwala Vs. Shuvra Teja Chaudhury and anr.
Court: Guwahati
Decided on: Feb-29-2008
P.K. Musahary, J.1. Heard Mr. M. Kar Bhowmik, learned Sr. Counsel appearing for the petitioner and Mr. P.K. Biswas, learned Counsel for the respondent No. 1. Also heard Mr. R. C. Debnath, learned P. P. In-charge appearing for the State/ respondent No. 2.2. The petitioner who is the manager and constituted attorney of Ms. Radiohms Agencies filed a written complaint against the accused respondent No. 1 before the Court of the Chief Judicial Magistrate, West Tripura, Agartala alleging misappropriation of value of goods amounting to Rs. 1,80,637.28 during the tenure of the accused as one of the employees of Radiohms Agencies which was forwarded to the police for registering the same as FIR. Eventually a case being G.R. 999/96 under Section 406/420 IPC was registered and after completion of investigation, charge was framed under Section 408/420 IPC. Trial was commenced in the Court of learned Additional CJ. M, West Tripura, Agartala.3. During the trial, the petitioner complainant engaged h...
Silchar Municipal Board Vs. Eastern Tea Estate Private Ltd.
Court: Guwahati
Decided on: Feb-29-2008
T. Nanda Kumar Singh, J.1. By this Second Appeal, the appellant/defendant is assailing the concurrent finding of fact by the courts below i.e. the learned Sadar MunsiffNo. 2, Silchar in Title Suit No. 227/1962 and the learned First Appellate Court i.e. learned Civil Judge (Sr. Divin.) No. 2 in T.A. No. 18/94 that:The wall on the southern side of the respondent/plaintiff's holding number 760 of Malugram Ward is situated on his own land and also that there is no encroachment on the Municipal land made by the respondent/plaintiff on southern side of the said holding.2. Heard Mr. K.K. Dey, learned Counsel appearing for the appellant/plaintiff and also Mr. B.K. Goswami, learned Senior Counsel assisted by Ms. T. Goswami, learned Counsel appearing for the respondent/plaintiff.3. The present Second Appeal is admitted for hearing on the substantial question of law i.e. whether the learned Court below had committed error in law in relying on Exhibit-15, Survey Commissioner's Report in decreeing...
Aribam Rajendra Sharma Vs. D.V. Singh and anr.
Court: Guwahati
Decided on: Feb-28-2008
U.B. Saha, J.1. Heard Mr. H.S. Paonam, learned Counsel appearing for the respondents. None appears on behalf of the petitioner.2. The instant contempt petition is filed by the petitioner for initiating a contempt proceeding against the respondents allegedly for then willful violation and deliberate disobedience of the order of Division Bench of this Court dated 18.4.2006 passed in WA No. 15 of 2006 whereby and where under the Division Bench upheld the judgment and order of the learned Single Judge dated 1.9.2005 passed in WP(C) No. 37 of 2005 wherein the learned Single Judge allowed the writ petition filed by the petitioner considering the long and continuous service of the petitioner as ad hoc Assistant Engineer (Elect) for a period more than 18 years and directed the State respondents to allow the petitioner to enjoy the pay-scale of Assistant Engineer (Elect) w.e.f. 24.10.1986 and also to consider the case of the petitioner for regularization as Assistant Engineer (Elect) along wit...
Ainul Hoque @ Inul Hoque Vs. State of Assam
Court: Guwahati
Decided on: Feb-28-2008
H.N. Sarma, J.1. This Criminal Appeal is directed challenging the judgment and order dated 25.1.2002 passed by the Additional Sessions Judge (Ad hoc), Darrang, in Sessions Case No. 48 (D) 2001, convicting and sentencing the accused appellant under Section 376, IPC, to undergo RI for eight years and to pay a fine of Rs. 3,000.00 in default further RI for six months.I have heard Mr. A.M. Mazumdar, learned senior counsel and Mr. B.S. Singh, learned P.P., Assam.2. The prosecution case as unfolded, inter alia, is that three and half year old minor daughter of the informant A. Rahman, while was playing outside the compound of his house, she was allured by the accused appellant to his room and committed rape on her and at that stage, the wife of the informant and the mother of the victim girl PW-1, entered the room of the accused in search of her daughter and saw the occurrence and rescued victim girl from the clutches of the accused. The PW-1 informed about the incident to her husband and h...
New India Assurance Co. Ltd. Vs. Biman Prasad Barkakati and ors.
Court: Guwahati
Decided on: Feb-28-2008
T. Nandakumar Singh, J.1. These MAC appeals 39 in number filed by the appellant Insurance Company (M/s New India Asurance Company Ltd.) against the impugned judgment and award passed by the learned Member, Motor Accident Claims Tribunal for the same motor accident involving the same offending vehicle i.e. Oil Tanker bearing registration No. NLW-337 admittedly insured with the appellant insurance company are taken up for joint hearing for disposal by common judgment and order.2. Accordingly these appeals 39 in numbers are being disposed of by this common judgment and order.3. Heard Mr. B.C. Das, learned Senior Counsel assisted by Mr. A. Ahmed, learned Counsel appearing for the appellant insurance company as well as Mr. B.B. Narzary, learned Senior Advocate assisted by baterry of lawyers.4. The gas tanker having registration No. NLW-337 was insured with the appellant Insurance Company i.e. the New India Assurance Company limited. The accident took place on 1.11.98 at about 11 PM at Khan...
Umesh Chandra Bhuyan Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-27-2008
B.K. Sharma, J.1. The dispute raised in the writ petition relates to seniority between the petitioner and the respondent No. 4 and the consequential claim for charge of Principal of the school in question.2. The petitioner was first appointed on 20.5.1973, as Assistant Teacher of Tulsibari M.E. School by the Managing Committee of the school. Subsequently his service was regularized with effect from 20.5.1973. The school was provincialised with effect from 1.3.1978 and the petitioner was appointed as the Headmaster of the school for a period of three months by an order dated 19.10.1979 issued by the Deputy Inspector of Schools, Rangia. Thereafter he was allowed to act as Headmaster by subsequent orders issued from time to time extending his services. Eventually by Annexure-C order dated 21.1.1980 his services as Headmaster was extended until further order.3. As against the aforesaid position of the petitioner, the respondent No. 4 was first appointed on 20.12.1972 as Assistant Teacher ...
Abdun Noor and ors. Vs. State of Assam
Court: Guwahati
Decided on: Feb-27-2008
Aftab H. Saikia, J.1. Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. I. Uddin, learned Counsel appearing on behalf of the appellants and Mr. K. A. Mazumdar, learned Public Prosecutor, Assam.2. Conviction of the 4 (four) appellants, namely, 1) Abdun Noor, 2) Md. Jaban Ali, 3) Musstt. Kali Bibi and 4) Musstt. Fatai Bibi @ Aftarun under Sections 148/323/448/302 IPC read with Section 149 IPC handed down by the learned Additional Sessions Judge (Adhoc), Karimganj by his Judgment and Order dated 17.6.2006 in Sessions Case No. 88/2003, whereby each of the convicted accused were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each in default to undergo additional two years simple imprisonment under Section 302 IPC read with Section 149 IPC, to undergo one year rigorous imprisonment under Section 323 IPC read with Section 149 IPC, to undergo three years rigorous imprisonment under Section 148 IPC read with Section 149 IPC and to undergo ...
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