Guwahati Court March 2008 Judgments
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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 498A 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. 5,000/-, 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, Udaipur is that in 1991 one Kajal Majumder (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 ...
Rajendra Singh Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-05-2008
B.K. Sharma, J.1. This writ petition was filed by one Shri Rajendra Singh making a grievance against the order dated 15.7.2004 (Annexure- 2 to the writ petition) by which he was reverted from the post of Administrative Officer (Group-A Gazetted) to that of Assistant Administrative Officer (Group-B) with effect from 19.8.2003. The petitioner-said Shri Rajendra Singh expired on 24.10.2006 while in service and as such, the writ petition is being pursued by his wife Smti. Maya Devi, whose name has been substituted in place of the original petitioner vide order dated 21.1.2008.2. The petitioner was promoted as Civilian Officer Grade-H by Annexure-1 notification dated 4.2.1997. In the order of promotion, it was stated that he would be on probation for aperiod of two years from the date of assumption of charge of the promotional post.3. From the materials on record, it appears that his period of probation was extended from time to time, the last extension being up to 18.8.2003 by order dated...
Usha Ranjan Deb Barma Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Mar-05-2008
Mutum B.K. Singh, J.1. This writ petition has been filed for quashing the order dated 8th August, 1997 passed by the appellate authority imposing a penalty of withholding of petitioner's promotion to next higher post for a period of one year w.e.f. 08.08.1997 coupled with a prayer for giving a direction to allow him to join as Upper Division Clerk w.e.f. 19.11.1991.2. That, necessary facts may be put as follows:The petitioner, a Lower Division Clerk of Education Department, was placed under suspension in contemplation of a disciplinary proceeding against him vide order dated 26th August, 1991. While he was under suspension, 20(twenty) Lower Division Clerks/Store-keepers of the Education Department including the petitioner were promoted to higher posts on ad-hoc basis for a period of six months vide order dated 19.11.1991. But the said order of promotion in respect of the petitioner has been kept in abeyance by a subsequent order dated 27th November, 1991. The suspension order was revo...
Nich Raju and ors. Vs. Arunachal Pradesh Public Service Commission and ...
Court: Guwahati
Decided on: Mar-05-2008
Z. Angami, J.1. By this application filed under Article 226 of the Constitution of India, the petitioners, altogether 12 in number, have sought for reliefs) to the extent that advertisement dated 08.12.2006 and the whole selection process including interview held on 16-17.06.2007 for the post of Assistant Director (Textile & Handicrafts) in pursuance of the advertisement dated 08.12.2006 be set aside. The application was filed on or about 28.06.2007and the notice of motion on the application was issued by this Court on 29.06.2007. Except in the case of Respondent No. 9, the case of the petitioners was contested by the Respondents as by way of filing their affidavits-in-opposition.2. For the purpose of considering the application, it may also be considered necessary to make reference to certain facts as disclosed from the pleadings exchanged. The petitioners are stated to have possessed certificate as having qualified for a Diploma in Costume Design and Garment Technology or Handloom T...
National Insurance Co. Ltd. Vs. Konjengbam Ibo Singh and anr.
Court: Guwahati
Decided on: Mar-05-2008
B.D. Agarwal, J.1. This appeal is directed against the judgment And award dated 13.12.2002 passed by the learned Commissioner under Workmen's Compensation Act, 1923 Manipur, Imphal in Claim Case No. 23 of 2002. By this impugned judgment, the learned Commissioner has awarded a sum of Rs. 3,56,336/- with interest at the rate of 12% per annum in favour of the claimant for the death of his son.2. Heard Mr. K. Pradeep, learned Counsel for the appellant. None appeared for the owner of the vehicle as well as for the claimants i.e. the respondents.3. The claim application was filed seeking compensation of Rs. 4.5 lakhs for the death of claimant's son in a motor vehicle accident that took place on 21.06.2002. At the relevant time, the deceased was engaged by the respondent No. 1 in his truck No. MN-05-2466. The claimant's son succumbed to the injuries on the next day. The learned Commissioner has held that the deceased was a workman within the provisions of Workmen's Compensation Act and the i...
Suniti Balakar and anr. Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Mar-05-2008
Mutum B.K. Singh, J.1. This writ petition has been filed for giving a direction to the respondents to issue the letter of appointment in favour of petitioner No. 2 and in the event of failure to do so, to pay a consolidated compensation of Rs. 2,00,000/-.Pleaded facts, in brief, are that the petitioner No. 1 (since deceased) was the mother and the petitioner No. 2 is an unmarried sister of one Amarendra Kar, who died-in-harness on 12.09.1993 while working as Head Clerk in the Office of respondent No. 2. The petitioner No. 1, after the death of his son, applied for appointment of petitioner No. 2 to any suitable post on compassionate ground. On 21.12.1994, the respondent No. 2 issued an offer of appointment to appoint the petitioner No. 2 as L.D.C. under the terms and conditions appended therein. The petitioner No. 2, as per Clause 6 of the offer of appointment, submitted her acceptance along with all necessary certificates and testimonials to the authority concerned on 23.12.1994. How...
New India Assurance Co. Ltd. Vs. Sh. K. Vanlal Chhuanga and anr.
Court: Guwahati
Decided on: Mar-04-2008
H. Barua, J.1. Heard Mr. Ricky Gurung, learned Counsel for the appellant and also heard Mr. S.N. Meitei, learned Counsel for the respondent No. 1.2. This appeal has been filed under the provisions of Section 173 of the M.V. Act, 1988 for setting aside the judgment and award dated 2.9.04 passed by the learned Member, MACT Aizawl in MAC Case No. 49/2003.3. Shri K. Vanlalchhuanga respondent No. 1 herein, on account of death of his son in a vehicular accident filed a claim petition before the learned Member, MACT Aizawl, claiming compensation to the tune of Rs. 15,00,000/-.4. The learned Member, MACT, after due enquiry of the claim awarded Rs. 7,08,752/- as compensation together with interest at the rate of 9% p.a. from the date of filing of the claim petition to the claimant until realization. While awarding as such it was directed that the award along with interest shall be paid within one month from the date of passing of the impugned judgment and award.5. Being highly aggrieved by and...
In Re: Lalit Kalita and ors.
Court: Guwahati
Decided on: Mar-04-2008
Ranjan Gogoi, J.1. In a vernacular daily 'Ajir Dainik Batori' published from Guwahati dated 10.8.2005, the following news item (translated version) was published:Even Hon'ble Judge is in Himanta Biswa's grip.Sensational appeal in Gauhati High Court Staff ReporterGuwahati, August 9,-AP.I.L filed in the Gauhati High Court which is a testimony (testify) how Himanta Biswa Sarma, Minister of the State for Finance, Planning and Agriculture, Assam, who has gradually become impudent because of blind support from Chief Minister Tarun Gogoi, is trying to corrupt (desecrate)even the interior of Hon'ble Court, has vigorously shaken the conscious section of the people in the State. According to a copy of this petition that has reached us this tainted young minister not only caused disappearance of the records of two serious cases registered at Chandmari PS but was also been able to misguide a judge by his political influence. As per information that have reached us, a case was registered against H...
Parimal Chakraborty Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Mar-04-2008
1. The question to be answered in this writ petition is whether the teacher of a private College receiving grant-in-aid from the State is entitled to invoke the writ jurisdiction of this Court under Article 226 of the Constitution for reinstatement to the post of Principal held by him before reversion.2. The petitioner was appointed as Lecturer in the Department of Philosophy in Raid Laban College, Shillong. He respondent to an advertisement and applied for the post of Principal in the Tikrikilla College, Tikrikilla. The Governing Body on completion of selection process Vide Resolution dated 30.12.1989 approved his appointment as Principal. Thereafter, the petitioner was appointed as principal on regular basis with effect from 31.12.1989 on a consolidated pay of Rs. 2,000 per month. Because of certain alleged irregularities and deficiencies on his part, the governing Body vide Resolution dated 25.6.1998 decided to degrade him to the post of Lecturer. The respondent No. 4 vide order dat...
State of Mizoram and ors. Vs. H. Lalrinmawia
Court: Guwahati
Decided on: Mar-04-2008
H. Barua, J.1. This present appeal is preferred under Rule 18 of the Administration of Justice Rules, 1937 read with Section 100 of the Code of Civil Procedure against the Judgment and Order dated 7.9.05 passed by the learned ADC, Aizawl District, Aizawl in C.S. No 6/02 and also the Appellant judgment and order dated 4.8.06 passed by the ld. ADM(J) in RFA No. 14/05.2. Heard Mr. N. Sailo, learned Addli A.G for the State of Mizoram for the appellants and also heard Mr. S.N. Meitei, learned Counsel for the respondent.3. A Cross Objection is also filed by Shri H. Lalrinmawia, father of the deceased, seeking enhancement of the award made by the First Appellate Court.4. On filing of this appeal, the following substantial question of law was formulated after hearing both the parties which reads as under:- 'whether the appellants can be held negligent for payment of compensation of electrocution of the plaintiff's son due to fluctuation of electric current'.5. Before entering into the merit o...
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