Guwahati Court March 2008 Judgments

Ramesh Rongpi @ Rahang Vs. State of Assam

Court: Guwahati

P.K. Musahary, J.1. The prosecution tells its story thus: that on and from 4.8.1997, one Bina Kathar of Village No. 2 Tegheria under Khetri PS was missing from the village while he was returning home from the paddy field. The family members and the villagers were in search of Sri Bina Kathar. On 7.8.1997 while Mohan Kathar, son of Bina Kathar and few other villagers were in search of Bina Kathar from 5 a.m., accused Ramesh Rongpi @ Rahang was found concealing his presence in the jungle with a dao in his hand and when he was questioned by the searching party why he was staying there, the accused person fled away. Out of suspicion, the searching party led by Mohan Kathar, then searched the place in an around and found recent dumping of earth near that place. When searching party removed the earth, they recovered the dead body of Bina Kathar which was found buried there. Accordingly, Mohan Kathar informed police and lodged FIR. A crime being Khetri PS Case No. 150/97 (corresponding to GR...

Rengfrah Stone Crusher Vs. State of Assam and ors.

Court: Guwahati

H.N. Sarma, J.1. This batch of writ petitions having given raise to a common question for adjudication and as prayed for by the learned Counsels appearing for the respective parties, all the petitions are heard analogously and disposed of by this common judgment.2. Heard Mr. T.C. Khatri, learned Senior counsel, Mr. G.N. Sahewalla, learned Senior counsel, Mr. D. Mazumdar, Mr. P.J. Saikia, Mr. D. Das and other learned Counsel appearing for the respective writ petitioners. Also heard Mr. R.K. Bora and Ms. R. Chakraborty learned Additional Senior Government Advocate appearing for the official respondents.3. The basic challenge made in this batch of writ petitions is the jurisdiction and competence of the respondents/authorities to insist for Transit Pass and Transit Challans under the provision of Section 40 of the Assam Forest Regulation to the petitioners in respect of the stone which is being processed in the crushing units, operated by them.4. The essential facts necessary for disposa...

Safique Ahmed Choudhury Vs. State of Assam and ors.

Court: Guwahati

B.P. Katakey, J.1. The case of the petitioner in the present writ petition is that the Collector of the erstwhile Cachar District on 20.06.1964 requisitioned a plot of land measuring 21 Bighas 16 Kathas 2 Chataks which includes land measuring 5 Bighas 7 Kathas 16 Chataks belonging to the petitioner, under the provisions of Section 29(1) of the Defence of India Act, 1962 (hereinafter referred to as 'the Act of 1962') and under Rule 8 of the Defence of india (Requisition and Acquisition) Rules, 1963 (hereinafter referred to as 'the Rules of 1963') for maintaining supplies and services essential to the life of the community for construction of Advance Head Quarters of 1st B.S.F. Camp in Karimganj Sub-Division by registering case No. R.C. 4/1963-64. After lapse of 5 years of requisition under the provisions of the Act of 1962, the said land was again requisitioned by the Collector by issuing another Notification (Annexure-IT) in exercise of power conferred by Section 3(1) of the Assam Lan...

Management, Daisajan Tea Estate Vs. Presiding Officer, Labour Court an ...

Court: Guwahati

Reported in: [2008(117)FLR1077]

Hrishikesh Roy, J.1. Heard Mr. S.N. Sarma, learned senior Counsel assisted by Mr. C.P. Talukdar, learned Counsel who appears for the Management writ petitioner. None appears for the workman (respondent No. 2).2. Aggrieved by the award dated 16.2.2002 in Reference Case No. 12/94, passed by the learned Labour Court at Dibrugarh, the Management has preferred the present writ petition. By the impugned award, the learned Labour Court set aside the order of dismissal dated 26.6.1992 passed against the workman and directed that she be reinstated in her service with full back wages with effect from 27.6.1992.3. The petitioner Smti Padmini Trilochan (hereinafter referred to as the workman) was a tea garden labour in Daisajan Tea Estate and was issued a show cause notice dated 13.3.1992 by the Manager alleging that the workman had forcibly occupied a company quarter in spite of having a quarter allotted to her husband and that despite the orders to vacate the quarter she continued to occupy the ...

North Eastern Security Service and anr. Vs. Tezpur University and ors.

Court: Guwahati

B.K. Sharma, J.1. The petitioner, a registered partnership firm is aggrieved by awarding of the contract relating to security and housekeeping (cleaning) services to the respondent No. 4 by the respondent University.2. The petitioner, in response to the Annexure-1 NIT dated 27.11.2007 floated by the Tezpur University responded to the same by offering its bid. The contract is for a period of one year extendable by another year. The tender consisted of two bid system-- (i) Technical bid and (ii) Financial bid. As per the requirement of the NIT, the bidders were to have permission/licence from Central/State Government authority to operate as security and housekeeping Agency with at least 5 years experience. The qualifying criteria laid down were the certificates of registration for EPF, ESI, Service Tax, PAN for Income Tax and atleast one or two clients of Central Government/State Government/Autonomous Bodies, PSUs in India with sufficient strength of security guard (Ex-serviceman).3. As...

iris Mynsong Vs. Milda Myrboh

Court: Guwahati

Maibam B.K. Singh, J.1. Being aggrieved by the judgment, dated 26.08.2005 passed by the Judge, District Council Court, Shillong in Title Civil Appeal No. 2 of 2005 dismissing the appeal as against the judgment which had been passed by the Addl. Subordinate District Council Court, Khyrim Syiemship, Smiton 25.02.2005 in Title Suit No. 2 of 1994 and also by the order dated 03.04.2006 passed by the Judge, District Council Court, Shillong in Review Petition No. 2 of 2005 rejecting the prayer for reviewing the above said judgment dated 26.08.2005 passed by the Judge, District Council Court, Shillong in Title Civil Appeal No. 2 of 2005, this revision application has been filed challenging the legality and propriety of the above said judgments and order.2. Upon hearing Mr. H.S. Thangkhiew, learned Counsel appearing on behalf of the petitioner and Mr. K.S. Kynjing, learned senior counsel assisted by Mr. S.M. Suna, learned Counsel appearing on behalf of the respondent, the following facts are a...

Anjali Medhi Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. The challenge made in this writ petition is the order by which the Caste certificate of the petitioner has been cancelled.2. According to the petitioner, she hails from Rabha Community which is recognized as a Scheduled Tribe of Assam. Although her ancestors used the title 'Rabha', but her father used the title 'Medhi' and petitioner also followed the same title. Thus, it is the case of the petitioner that although her title is Medhi, but in fact she is Rabha, which is recognized as a Scheduled Tribe. The petitioner, in support of her claim as such has placed reliance on the Annexure-1 series documents, which are Caste Certificate issued by the Chairman and the copy of the Jamabandi of K.P. Patta No. 3 of Village-Nagaon under Mouza-Borduar. The petitioner has also annexed the Annexure-2 certificate dated 17.10.2001 issued by the Gaonburha, Palashbari Circle, Mouza-Borduar certifying that she belongs to Rabha Community.3. The petitioner having offered her candidature ...

Sumitra Ghosh Vs. Suprakash Sarkar and ors.

Court: Guwahati

I.A. Ansari, J.1. Expressing their loss of confidence in the appellant herein as Chairperson of Dhubri Municipal Board (in short, 'the said Board') respondent Nos. 1 to 10 herein gave, as Ward Commissioners of the said Board, a notice, in writing, to the appellant herein requesting the latter to convene a special meeting of the Board to discuss the no confidence motion.2. Contending that pursuant to the notice so given, when the appellant herein had failed to convene the special meeting within the prescribed period of twenty days from the date of receipt of the notice by her as Chairperson of the said Board, a special meeting was requisitioned on 20.01.2007 and that in the meeting so requisitioned, the vote of no confidence was carried through, but no meeting of the said Board had, thereafter, been convened to fill up the office of the Chairperson, respondent Nos. 1 to 10 herein came, as writ petitioners, to this Court, with an application, made under Article 226 of the Constitution o...

Takhelmayum Thoiba Singh Vs. State of Manipur and ors.

Court: Guwahati

Asok Potsangbam, J.1. Heard Mr. Roshni Piba, learned Counsel for the petitioner. Also heard Mr. Y. Nirmolchand, learned Counsel for the private Respondent as well as Mr. Y. Ashang, learned Additional Government Advocate, Manipur.2. Challenge in this case is the transfer and posting of the petitioner as Officer on Special Duty (for short 'OSD') in the Directorate of Higher Education, Government of Manipur, from the post of Principal In-charge, Imphal College, Imphal.3. Before we enter into the merit of the case, it is considered appropriate to discuss the provisions of rule and law relating to the post of Principal of a College and OSD in the Directorate of Higher Education. In conformity with the norms and qualification laid down by the UGC for the purpose of recruitment to the post of Principal of College, the Government of Manipur, though belatedly, issued Recruitment Rules (RR) dated 4.9.2002 for appointment to the post of Principal. As per this Recruitment Rules, the post of Princ...

Gamlyantis Lyngkhoi Vs. Tengme G. MomIn and anr.

Court: Guwahati

M.B.K. Singh, J.1. Heard Mr. A.S. Siddique, learned Counsel appearing on behalf of the petitioner and Mr. SC Shyam, learned Counsel appearing on behalf of the respondent.Upon hearing the parties through their respective counsel and perusal of the materials before the Court, the following facts are ascertained:The present respondent, hereinafter referred to as the complainant, filed a complaint as against the present respondent, hereinafter referred to as the accused, in the Court of the Deputy Commissioner, Tura, West Garo Hills alleging commission of offences under Sections 417, 418, 420 and 511/315 IPC. The complainant was an unmarried girl aged about 19 years and the accused was a police constable of 2nd MLP Battalion Goeragre, West Garo Hills District, Meghalaya at the relevant time. The complaint is to the effect that by promising to marry her but without disclosing the fact that he was already a married man, the accused fraudulently and deceitfully induced her to have carnal kno...