Guwahati Court May 2008 Judgments
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Bhuddha Lila Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: May-07-2008
H. Baruah, J.1. Heard Mr. M. Zothankhuma, learned Counsel for the petitioner. Also heard Mr. N. Sailo, learned Additional Advocate General, Mizoram for the State respondent Nos. 1 to 3 and Mr. Ricky Gurung, learned Counsel for the respondent Nos. 4 to 6.2. At this stage it is made clear that though the writ petitioner challenged the vires of the Chakma Autonomous District Council (Constitution, Conduct or Business, etc.) Rules, 2002, now, he at this stage refuses to insist on that matter. However, the petitioner by this writ petition express his desire to challenge the Notification dated 27.02.2003 issued by the Chairman, Chakma Autonomous District Council vide Memo No. H. 18011/ 28/2003-CADC(L)/2, disqualifying the petitioner from being a Member of the Chakma Autonomous District Council.3. The briefcase for the writ petitioner is that the Governor of Mizoram in exercise of his power conferred by Sub-rule 1 of Rule 7 of Mizoram Autonomous District Council (Constitution, Conduct of Bu...
Management of Council for Advancement of People's Action and Rural Tec ...
Court: Guwahati
Decided on: May-07-2008
B.P. Katakey, J.1. The Management of Council for Advancement of Peoples 'Action & Rural Technology (in short, 'CAPART'), by the present petition, has challenged the award dated 29.03,2005 passed by the learned Industrial Tribunal at Guwahati in Reference Case No. 26(C)/2002, whereby and whereunder the learned Tribunal answered the reference made under Section 10 of the Industrial Disputes Act, 1947 (in short, 'the Act') in favour of the workman and directed the Management to reengage him as LDC-cum-Typist with effect from the date of his termination and to pay all the financial benefit to the workman till the date of his reappointment.2. Sri Kalyan Kr. Das, (in short, 'the workman') was engaged by the Management of CAPART as Lower Division Clerk (LDQ-cum-Typist on 04.03.1996 initially on daily wage basis and, thereafter, pursuant to an advertisement dated 25.06.1996 issued by the Management and on the basis of the selection made, appointed as LDC-cum-Typist on 01.08.1996, for a perio...
Srimanta Haloi and ors. Vs. State of Assam
Court: Guwahati
Decided on: May-06-2008
H. Baruah, J.1. A challenge has been made as to the legality and correctness of the Judgment and Order of conviction dated 15.09.2004 rendered by the learned Addl. Sessions Judge (Adhoc), Kamrup passed in Sessions Case No. 50(K)/2004 by which all the appellants were convicted and sentenced to suffer life imprisonment and fine of Rs. 5000.00 each, in default to suffer additional one year simple imprisonment under Section 302/34 I.P.C. Feeling aggrieved by the aforesaid Judgment and Order the instant appeal has been filed by the appellants.2. For the purpose of appreciation of the appeal it would perhaps be appropriate for this Court to place the case of the prosecution at this stage which runs as under.DW 1, Smti Padumi Kalita is the wife of the deceased Ratneswar Kalita. The appellant Srimanta Haloi @ Melo is the brother-in-law of the deceased. The appellant Shri Khagen Haloi @ Sukuram Haloi is his father-in-law. The appellants Shri Ramesh Talukdar and Ranjit Das are co-villagers of t...
New India Assurance Co. Ltd. Vs. Lohit District Legal Service Authorit ...
Court: Guwahati
Decided on: May-06-2008
I.A. Ansari, J.1. The material facts, leading to this writ petition, may, in brief, be set out as follows:(i) The respondent No. 2 herein, namely, Smt. Ratna Chatterjee, had filed an application, under Section 166 of the Motor Vehicles Act, 1988, (in short, 'the M.V. Act'), seeking compensation for the death of her husband, who was killed in an accident, which had taken place, on 9-6-2006, near Medical Charali, at Chagkham, involving the vehicle (Tractor) bearing registration No. AS-06-2635. This claim application gave rise to MAC Case No. 9/2006.(ii) The claimant respondent No. 2 had also made an application, under Section 140 of the M.V. Act, seeking compensation on the basis of the principle of 'No Fault'.(iii) By an order, passed, on 11-9-2006, in MAC Case No. 9/2006, the learned Motor Accident Claims Tribunal, Tezu, directed the respondent No. 3 herein, namely, Sri Rajendra Kumar Lahoti, as owner of the said vehicle, and the present petitioner, as insurer of the said vehicle, to ...
Sriprasad Orang Vs. State of Assam
Court: Guwahati
Decided on: May-06-2008
Aftab H. Saikia, J.1. Heard Mrs. R. Borbora, learned amicus curiae for the appellant and Mr. Z. Kamar, learned P.P. representing the State of Assam.2. The conviction of the appellant under Section 302, IPC and sentence to undergo rigorous imprisonment for life and a fine of Rs. 1,000/- under Section 324, IPC in default of which to undergo simple imprisonment for one month so handed down by the learned Additional Sessions Judge, Tinsukia in Sessions Case No. 76(T)/01 have been assailed in this criminal appeal (Jail).3. The prosecution case in brief, as disclosed on the FIR lodged by Smti Hariar Orang, PW1 with the officer-in-charge, Bordubi Police Station is that on 26.9.2000 at about 11 a.m., her nephew accused Sri Prasad Baldev of Line No. 16 of Itakhuli Tea Estate killed her husband Ghursai Orangandher 12 years old daughter Srimati Orang by means of one spade on the road in front other house. Moreover he caused grievous injuries to her daughter-in-law, Smti Rajia Orang, PW 2 by assa...
Monotosh Das Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-05-2008
B.K. Sharma, J.1. The challenge made in this writ petition is the judgment and order dated 3.7.2007 passed by the Central Administrative Tribunal, Gauhati Bench in Original Application (O.A.) No. 122/2006 rejecting the claim of the petitioner for appointment as Trackman (Group- 'D').2. In response to the Employment Notice No. 1/2003 inviting applications, amongst others, for the post of Trackman under Category No. 1, the writ petitioner responded to the same by offering his candidature in the prescribed application form. The particular declaration under Clause (6) of the application form was to be written by the candidate in his/her own running hand in English. The declaration is quoted below:6. Declaration : I hereby declare that the facts and evidences given by me in the above application are true, complete and correct to the best of my knowledge and belief. In the event of any misstatement/discrepancy in the particulars being detected at any stage my candidature/service would be ca...
Bhabani Sarma and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-05-2008
B.K. Sharma, J.1. The appellants are aggrieved by the order dated 17.12.2007 dismissing the writ petition being W.P (C) No. 5155/2005, which they had filed seeking regularization of their casual services and for setting aside and quashing the order dated 23.6.2005 by which their services as such, were terminated with immediate effect. Be it stated here that the appellants continued in their services beyond 30.9.1998 on the strength of the interim orders passed by this Court.2. The appellants were engaged on casual basis for limited durations. While the appellant Nos. 1 and 2 were engaged in the year 1996, the appellant No. 3 was appointed in the 1994. As per the appointment letters annexed to the writ petition, they were appointed on a fixed pay of Rs. 900/- for limited duration, which according to the appellants, continued up-to 30.9.1998. However, according to the respondents, such casual services of the appellants were not continuous and in any case, there was no extension of thei...
Tilak Kalita Vs. State of Assam
Court: Guwahati
Decided on: May-05-2008
Aftab H. Saikia, J.1. Heard Mr. P. Talukdar, the learned Counsel appearing for the Appellant as well as Mr. Z. Kamar, the learned P.P., Assam.2. The legality and correctness of the conviction of the appellant under Section 302 IPC and the sentence to suffer rigorous imprisonment (for short, 'the R.I.') for life and to pay fine of Rs. 500/- in default further 1 month's R.I. so handed down by the learned Additional Sessions Judge, Nagaon in Sessions Case No. 84(N)/88 by judgment and order dated 23.12.1994 have been assailed in this criminal appeal.3. The factual matrix of such conviction and sentence as unfolded by the witness in short compass is that the investigation ensued on the basis of the F.LR. lodged by one Sri Padum Bora, P.W.5 with the Officer-in-Charge, Nagaon Police Station on 07.10.85 wherein it was alleged that his elder brother Sri Pradip Bora (hereinafter referred to as the, 'deceased') when came out to Tinimuri from his home, the appellant way-laid him and caused grievo...
Parimal Kumar Das Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-05-2008
B.K. Sharma, J.1. This matter was taken up on the basis of the application dated 21.8.2006 addressed to this Court by the petitioner, who is the Director of the Non-Government Organization (NGO), called Appropriate Technology Mission, Assam (ATMA). In the application it has been stated that Kakoijana Reserve Forest in the District of Bongaigaon covering an area around 2000 hectares (about 15,000 bighas) is a habitant of one of the rarest and highly endangered species, namely Golden Langur (Presbytis Gee) alongwith other Schedule-I endangered species. According to the petitioner, it is in a serious state of negligence and vulnerability. Illegal poaching and hunting of wild animals, felling of trees, quarrying of rocks, lack of awareness amongst local public about the importance and significance of these endangered species have virtually threatened the existence of Kakoijana Reserve Forest and its rich and rare flora and fauna. Further, systematic destruction of the hilly Kakoijana Rese...
Manoj Roy and ors. Vs. Gunendra Roy and anr.
Court: Guwahati
Decided on: May-02-2008
I.A. Ansari, J.1. The predecessors-in-interest of the present petitioners, claiming themselves to be co-owners of the suit premises, instituted, Title Suit No. 17/1989, seeking eviction of the defendant, who is respondent No. 1 herein, from the suit premises. The suit came to be decreed, on 13.03.98, the decree being, for, inter alia, delivery of possession of the decretal property by evicting the defendant-judgment-debtor, his men and agents therefrom. Against the decree, so granted by the learned Assistant District Judge, North Tripura, an appeal was preferred and by judgment, dated 13.03.98, passed in Title Appeal No. 05/93, the learned District Judge, North Tripura, allowed the appeal and the decree for eviction of the defendant-judgment-debtor was accordingly set aside. The first appellate judgment and decree were put to challenge by way of second appeal, which gave rise to RSA No. 26/98. This appeal was allowed by judgment and order, dated 10.08.2007, the decree, passed by the l...
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