Guwahati Court May 2008 Judgments
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Omni Point Corporation and anr. Vs. National Agricultural Co-operative ...
Court: Guwahati
Decided on: May-14-2008
I.A. Ansari, J.1. By making this application under Section 482 of the Code of Criminal Procedure (in short, 'the Code'), the petitioners, who are accused in Complaint Case No. 7709/2006, have put to challenge the order, dated 26.09.2006, passed by the learned Sub-Divisional Judicial Magistrate No. 1, Kamrup, whereby cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act') has been taken. The petitioners have accordingly sought for quashing of not only the impugned order, dated 26.09.2006, aforementioned, but the entire proceedings of the complaint case.2. I have heard Mrs. M. Hazarika, learned Senior counsel, appearing on behalf of the accused-petitioners, and Mr. D.K. Kothari, learned Counsel for the complainant-opposite party.3. The material facts, leading to this criminal petition, may be set out thus:(i) A complaint was made by the opposite party herein, namely, National Agricultural Cooperative Marketing Federation of India Ltd., ...
Lower Dibang Valley Ministerial Employees Association and ors. Vs. Sta ...
Court: Guwahati
Decided on: May-14-2008
Hrishikesh Roy, J.1. Heard Mr. A.K. Bhattacharjee, learned senior counsel representing the petitioners. Also heard Ms. G Deka, learned Addl. Senior Government who represents the State-respondents.2. The petitioners are 'Group-C & D' employees of the Lower Dibang Valley District and are before this Court in connection with their posting and transfer grievances, in pursuant to the bifurcation of the original Dibang Valley District into Dibang Valley District and Lower Dibang Valley District w.e.f. 16.12.2001. It may be noticed at the out-set that the Dibang Valley District with its District Headquarter at Anini is considered a hard posting district and Lower Dibang Valley District with its District Headquarter at Roing is considered a soft posting district. The writ-petitioners are posted in the soft district of Lower Dibang Valley District with its District Headquarter at Roing.3. The order to appreciate theissues raised in the instant petition, certain essential facts must be noticed...
Larsing M. Vs. Meghalaya Tourism Development Corpn. Ltd. and anr.
Court: Guwahati
Decided on: May-12-2008
T. Vaiphei, J.1. This writ petition is directed against the letter of intent (LOI) dated 23.6.2007 issued by the respondent No. 1 in favour of M/s Lessly Shylla, Nongrimbah, Bolck-K, Liatumkhrah, East Khasi Hills District, Shillong (the respondent No. 2), for finishing & furnishing, operating and maintaining the Crowborough Hotel-cum-Commercial Complex in Shillong.2. The facts giving rise to the writ petition are that the Centre Point Group Enterprises represented by its Managing Director is a consortium of hotel enterprises, which claims to be one of the leading hotels and hospitality chains of Meghalaya and also claims to run a network of business and luxury hotels including Centre Point Hotel, Royal Heritage Tripura Castle at Shillong and Ri Kynjal Resort at Umium. The group is also stated to have a proven track record and expertise and experience in hotel and hospitality industry, and has strong financial resources in terms of net worth, solvency and turnover. The respondent No. 1...
J. Lalhruaitluanga Khawlhring and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: May-12-2008
B.D. Agarwal, J.1. This writ petition under Article 226 of the Constitution of India has been filed by a group of three persons challenging the selection of the respondents as Lecturers on contract basis in Public Administration Department of Govt. colleges in the State of Mizoram. In other words the petitioners are praying for issuing a writ of certiorari so as to set aside the office order dated 24.05.2007 (Annexure-16) and also a writ in the nature of mandamus to direct the State respondents to appoint the writ petitioners as Lecturers on contract basis in the aforesaid department until the posts are filled up on regular basis.2. I have heard Mr. C. Lalramzauva, learned Counsel for the petitioners. The State respondents (respondent Nos. 1, 2, 3 and 4) were represented by Mr. N. Sailo, learned Addl. Adv. Gen. and the private respondent No. 5 and 7 represented by Mr. M. Zothankhuma, learned Counsel. Respondent No. 6 did not appear to contest the case despite being notified. I have al...
Anil Kumar Kalita and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-09-2008
B.K. Sharma, J.1. The challenge made in this writ petition is the Constitution of the Board of Directors of the particular Co-operative Bank and the approval thereof conveyed by the authority.2. The petitioners numbering 3 are the share holders of Guwahati Co-operative Urban Bank Ltd. The Bank is a Co-operative Society constituted under Assam Co-operative Societies Act, 1949 and the Rules framed thereunder. The Bank has its own set of Bye-laws, known as Bye-laws of Guwahati Cooperative Urban Bank Ltd. According to the petitioner the election for constitution of the Board of Directors of the Bank held on 8.6.2007 and the approval thereof accorded by the Assistant Registrar of the Co-operative Societies vide his letter dated 22.6.2007 are in violation of Rule 22 of the Bye-laws.3. On 30.4.2007 the respondent No. 6, i.e. the Managing Director/General Manager of the Bank, issued notice intimating all the share holders of the Bank that 38th Annual General Meeting (AGM) would be held on 25....
Anamika Devi Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-09-2008
B.K. Sharma, J.1. The matter relates to appointment of Lecturer in English of the Lokanayak Omeo Kumar Das (in short LOKD) college. Since the stand of the petitioner is substantially different in further affidavits filed after filing the writ petition than what has been pleaded in the writ petition, they are indicated below:STAND IN THE WRIT PETITION 2. The petitioner is a Master Degree holder in Arts (English) from the Tezpur University which she obtained in the year 2000. According to her she fulfills the UGC norms for appointment as Lecturer in Govt. aided college in the State. By Annexure-2 letter dated 01.08.2000 addressed to her by the then Principal of the College, namely Dr. P.C. Rajbanshi, she was appointed as apart time Lecturer for three months in the department of English of the said college on a consolidated pay of Rs. 500/-.Since this appointment is the centre of controversy, same is quoted below:FromDr. P. C. RajbanshiPrincipalDated 01.08.2000To,Smt. Anamika Devi, M.A.C...
Brahmacharimayum Ibeyaima Vs. State of Manipur and ors.
Court: Guwahati
Decided on: May-08-2008
U.B. Saha, J.1. The petitioner by filing the present writ petition prayed, inter alia, for issuance of a writ in the nature of mandamus for directing the respondents to regularize the service of the petitioner.2. I have heard Mr. R.K. Milan, learned Counsel for the petitioner and Mr. R.S. Reisang, learned Addl. G.A.3. The facts, in a nutshell, require to be adjudicated upon, may be stated : the petitioner applied for the post of L.D.C. in the Forest Department as there were many posts lying vacant and as she was found suitable in the selection/screening test and having possessed the requisite qualifications, she was engaged/appointed as such on casual basis vide order dated 08.04.1987 (Annexure-A/1 to the writ petition). In the aforesaid order of appointment of the petitioner, it has been, among others, stated that the petitioner's engagement as L.D.C. w.e.f. the date she joined her duty till a regular L.D.C. is posted. Thereafter petitioner has been holding the said post till date in...
Subrata Bhattacharjee Vs. Central Bureau of Investigation
Court: Guwahati
Decided on: May-08-2008
H.N. Sarma, J.1. Challenging the legality and the validity of the order dated 15.12.2007 passed by the learned Special Judge, CBI, Kamrup at Guwahati, in Special Case No. 6/2007 in exercise of power under Section 311, Cr PC, allowing the prosecution to recall and re-examine the witnesses, is the subject matter in this revision petition.2. I have heard Mr. J.M. Choudhury, learned senior counsel assisted by Mr. B.M. Choudhury and Mr. A.C. Buragohain learned standing counsel for the CBI.3. The relevant facts to put in short are that the petitioner along with another co-accused had to face criminal prosecution investigated and conducted by CBI (SPE) resulting to registration of the aforesaid Special Case No 6/2007, on submission of the charge sheet on completion of investigation. At the end of the trial, the learned Special Judge vide judgment and order dated 20.4.1999 passed in Special Case No. 18-C/1995 (as it was then registered), both the accused persons were acquitted of the charges ...
United India Insurance Co. Ltd. Vs. Ramliani and anr.
Court: Guwahati
Decided on: May-08-2008
H. Baruah, J.1. Heard Mr. A.R. Malhotra, learned Counsel for the appellant. Also heard Mrs. Helen Dawgliani, learned Counsel for the respondents.2. This appeal has been preferred under Section 173 of the M.V. Act, 1988 (hereinafter referred as the Act) by the appellant, United India Insurance Co. Ltd. against the judgment and order dated 12.10.2007 passed by the learned Member, MACT, Aizawl in MACT Case No. 86 of 2006 by which the learned tribunal awarded compensation to the claimant-respondent No. 1 herein to the tune of Rs. 5,92,000/- with interest at the rate of 9% per annum from the date of filing of the claim petition until realization of the whole amount.3. A claim petition under Section 163A of the Act was preferred before the MACT, Aizawl by the claimant-respondent No. 1 against the appellant as Opposite Party No. 1 & Opposite Party No. 2 respectively for receiving injuries on her person on account of a vehicular accident which took place on 13.10.2004 at about 3.30 p.m. near ...
C. Lalropuia and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: May-07-2008
H. Baruah, J.1. Heard Mr. Ricky Gurung, learned Counsel for the petitioners. Also heard Mrs. Helen Dawngliani, learned Govt. Advocate for the respondents.2. By this writ petition, the writ petitioners have sought for regularization of their services in accordance with the provisions of 2000 Scheme with all consequential benefits. The case of the writ petitioners briefly stated is that they are presently working as Muster Roll peons under the Secretariat Administration Department (for short SAD) of the Govt. of Mizoram under the administrative control of the respondent No. 2. The writ petitioners Nos. 1, 2, 3, 4, 5 and 6 were appointed as Muster Roll peons with effect from 25.08.1999 vide order dated 08.02.2000, while writ petitioners Nos. 7 and 8 were appointed as above vide order dated 14.09.1993 and 22.04.1999 respectively. Since all the petitioners have been discharging their duties as such for more than seven years, as per Clause-4 of the said scheme all are entitled for regularis...
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