Guwahati Court March 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Yitachu Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-12-2008
Jasti Chelameswar, C.J.1. The Presidential proclamation dated 03.01.2008 under Article 356(1) of the Constitution of India imposing President's Rule and keeping the Assembly under suspension in the State of Nagaland has been put to challenge in the present writ petition. Intricate questions in un-chartered fields, notwithstanding the pronouncement of the Apex Court in Rameswhar Prasad v. Union of India : AIR2006SC980 and Clause (R. Bommai v. Union of India : [1994]2SCR644 , have arisen for our consideration in the present case. Before we proceed to make the required determination the relevant facts and circumstances giving rise to the Presidential notification will be required to be noticed by us.2. On 26.2.2003 elections were held to the 60-member Nagaland Legislative Assembly. On 6.3.2003 the Democratic Alliance of Nagaland (DAN) formed a coalition government with Sri Neiphiu Rio as the Chief Minister. The alliance had the support of 43 members - 32 from the Nagaland Peoples Front (...
Sumit Das and anr. Vs. Gauhati Municipal Corporation and ors.
Court: Guwahati
Decided on: Mar-11-2008
B.K. Sharma, J.1. The two petitioners are the elected Councillors of the Gauhati Municipal Corporation. They have filed the instant writ petition praying for setting aside and quashing the decision of the Presiding Officer of the meeting pertaining to election of Mayor of the Corporation by which it has been held that the Respondent No. 3, elected as the Mayor was not disqualified under the relevant provision of the Gauhati Municipal Corporation Act, 1971.2. The fact involved is in a very narrow compass. According to the petitioner, the Respondent No. 3 before her election as Mayor remained absent in 3 successive meetings of the Corporation held on 29.12.2006, 06.03.2007 and 18.05.2007 and thereby, she attracted disqualification to remain as a Councillor as per the provisions of Section 48(1)(b) of the aforesaid Act.3. After the aforesaid 3 dates, the election for the post of Mayor was held on 23.05.2007, in which the Respondents No. 3 was elected. The objection raised by the petition...
Badshah Pair Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-11-2008
Amitava Roy, J.1. Heard Mr. Sikdar, learned Counsel for the petitioner and Mr. Das, learned Standing Counsel, Education Department. Also heard Mr. D.K. Sharma, learned Counsel for the respondent No. 4.2. Aggrieved by the decision of the High Power Committee constituted in terms of the judgment and order dated 1.9.2003 passed by this Court in a batch of writ petitions, the lead case being Civil Rule No. 1571/1998 Jiban Chandra Deka and Ors. v. State of Assam and Ors. reported in 2008 (3) GLT 229 to consider the cases of eligible dropped teachers for regularisation of their services, negating his claim, the petitioner is before this Court for redress. Briefly put the petitioners pleaded version is that he, by the resolution of the Managing Committee of the Ismail Hussain High School (herafter referred to as the School) dated 30.12.1989 was appointed as an Arabic Teacher. Pursuant thereto, he joined the service on 9.1.1990. By order dated 14.8.1992 of the Inspector of Schools, K.D.C. Gu...
Dorky Lalthlamuani and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-11-2008
H. Baruah, J.1. Writ petitioner No. 1 is the daughter, while writ petitioner No. 2 is the wife of Sepoy C. Lalsangliana (deceased) and Proforma respondent No. 6 is the mother of late Sepoy C. Lalsangliana.2. By this writ petition both the writ petitioners seek a direction from this Court to the respondent authorities to make provision for Family Pension on account of death of Sep. No. 4362871 C. Lalsangliana (deceased). Writ petitioner No. 2's late husband was enrolled in the Assam Regiment on 1.4.1993 and he was out of service on 8.8.1997. He was granted service element @ Rs. 375/- per month with effect from 8.8.1987 for life vide PCDA (E) Allahabad Pension Payment Order No. D/RA/22703/99. Sep. C. Lalsangliana subsequently died on 15.6.2000. Pro forma respondent No. 6, the mother applied for grant of Family Pension in W favour without the knowledge of writ petitioner No. 2. Writ petitioner No. 2 subsequently being known of the fact of making such application by proforma respondent N...
State of Meghalaya and ors. Vs. Winkle Star Kharumlong and ors.
Court: Guwahati
Decided on: Mar-11-2008
A. Hazarika, J.1. The judgment and order dated 24.11.2005 passed by the learned Single Judge of this Court in WP(C) No. 391 (SH) 2002 is the Subject matter under challenge in this writ appeal.2. Shorn of all the details, the precise fact which would suffice for deciding the present appeal is that, an area known as Lum Sohpetbneng of Ri-Bhoi District of Meghalaya, was proposed to be acquired by the Forest Department of the Government of Meghalaya for the public purpose for establishing the State Botanical Garden which is admittedly owned by eight land owners. Out of the said eight land owners, two owners had expired namely (L) SM Syiemlieh and (L) SM Marwein who had been represented by the legal heirs namely Smti Clotilda Nongsiej of Jaiaw, Shillong and Smti Seris Majaw of Jaiaw Laitdom, Shillong respectively. After the land was proposed to be acquired by the respondent Nos. 1 and 2 (appellant No. 1 and 2 herein), the respondent No. 5 (appellant No. 5 herein) was entrusted with the pro...
United India Insurance Co. Ltd. Vs. Rev. K. Ramliana and ors.
Court: Guwahati
Decided on: Mar-11-2008
H. Baruah, J.1. On 28th May, 2004, a bus bearing registration No. MZ-01/A-6997 belonging to respondent No. 2 herein, met with an accident in between Aibawk and Tachhip where Zokunga, the conductor was ran over by the said bus while he was under it. The driver of the said offending bus, respondent No. 3 herein, started his bus without giving any instruction to the Conductor of the said bus and had driven, as a result, the Conductor, the deceased, was ran over. The report of the Officer in-Charge, Kulikawn Police Station goes to show that due to carelessness of the driver, the deceased was ran over. The deceased was, however, taken in injured condition to Civil Hospital, Aizawl for treatment but he subsequently succumbed to his injuries on 12th July, 2004. A Death Certificate was accordingly issued.2. On the death of the deceased, a claim petition was filed before the Motor Accident Claims Tribunal, Aizawl for grant of compensation by Rev. K. Ramliana. After due enquiry, the learned Mem...
Pravat Chandra Kumar Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-10-2008
B.K. Sharma, J.1. By means of this writ petition, the petitioner has challenged the proceeding initiated against him under Rule 20 of the Border Security Force Rules, 1969. But it stated here that the petitioner has since retired from service as Deputy Commandant of B.S.F. on attaining the age of superannuation on 31.3.2005.2. The petitioner was posted at Doda in the State of Jammu & Kashmir from 20.9.1995 to 20.2.1997. During the said period, he was the Coy Commander ('B' Coy) of 56 Battalion, B.S.F. The petitioner was the accused of the charge relating to murder punishable under Section 302 read with Section 34 I.P.C. He was also charged under Section 34 I.P.C. read with Section 34 I.P.C. for wrongful confinement. Both the charges were in respect of death and wrongful confinement of one Bashir Ahmed, a civilian.3. After the aforesaid charge, a General Security Forces Court (G.S.F.C.) proceeding was initiated against the petitioner and in the said proceeding, the first charge of murd...
Kalyanasish Kargupta Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Mar-10-2008
U.B. Saha, J.1. By this writ petition the petitioner, a junior Engineer holding the post of Scientific Officer, prays for a direction on respondent No. 3 to change the respondent No. 4, Shri Babul Chakraborty, Engineer (Electronics) as Inquiring Authority and to re-arrange any other independent person outside the department to conduct the inquiry in the disciplinary proceeding initiated against the petitioner, and also for quashing the order of suspension dated 03.06.06 (Annexure-3 to the writ petition) alongwith other prayers.2. Heard Mr. S.M. Chakraborty, learned Sr. Advocate as assisted by Mr. S. Bhattacharjee, learned Counsel appearing for the petitioner as well as Mr. N.C. Pal, learned Government Advocate for the State respondent as well as Mr. P. Dutta, learned Counsel for the respondents-2 to 4.3. Keeping in mind the nature of the prayer of the writ petitioner and as agreed to by the learned Counsel of the parties, the entire writ petition is taken up for disposal at this stage...
Abdul Kakim Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Mar-10-2008
H. Barua, J.1. Heard Mr. M.M. Ali, learned Counsel for the petitioner and also heard Mr. N. Sailo, learned PP for the State of Mizoram.2. Revision petitioner Sh. Abdul Karim was arrested by Mamit Police in connection with Mamit Police Station Case No 1389/07 and 1512/07 registered under Sections 489B & 489C of the IPC and put him behind the bar. Revision petitioner was, subsequently released on bail after completion of statutory period of 90 days as provided under Section 167 Cr.P.C since the investigating agency failed to return both the cases in final form within the statutory period. Bail was granted by the learned ADM(J), Aizawl for Rs. 1,00,000/- in both the cases with a surety of like amount. But the revision petitioner being unable to arrange surety/sureties as directed by the court, preferred an application again before the ADM (J), Aizawl for reduction of the bail amount. The learned court, after taking into consideration of the matter in its entirety reduced the bail amount ...
Sri Bipul Das and anr. Vs. State of Tripura
Court: Guwahati
Decided on: Mar-07-2008
Mutum B.K. Singh, J.1. The judgment dated 23rd March, 2002 of the Court of learned Additional Sessions Judge. South Tripura. Udaipur, passed in Case No. S.T. 100(ST/S) of 2001, convicting the appellants under Section 498-A of the Indian Penal Code and sentencing the appellant No. 1 to suffer rigorous imprisonment for two years and a fine of Rs. 2,000/-, in default of payment, to suffer additional rigorous imprisonment for three months and the appellant No. 2 to suffer rigorous imprisonment for six months and a fine of Rs. 5000/-, in default of payment, to suffer rigorous imprisonment for three months, is under challenge in this appeal.2. That, the prosecution case which originated from a complaint filed before the Court learned Chief Judicial Magistrate, South Tripura, Udiapur is that in 1991 one Kajal Majumdar (since deceased) married with the appellant No. 1. From the very next day of the marriage she started living at the house of her husband but she was tortured and subjected to h...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »