Guwahati Court July 2008 Judgments
Narinder Kr. Singh Vs. State of Assam
Court: Guwahati
Decided on: Jul-30-2008
Aftab H. Saikia, J.1. Heard Mr. J. Singh, learned senior counsel assisted by Mr. J.M. Paul and Ms. M. Baruah, learned Counsel appearing for the appellant as well as Mr. K.C. Mahanta, learned Public Prosecutor, Assam.2. The legality and correctness of the conviction of the appellant under Section 302 of the IPC and his sentence to undergo rigorous imprisonment for life, imposed by the learned Sessions Judge, Bongaigaon by his judgment and order dated 19.5.2003 passed in Sessions Case No. 34(B)/96 have been assailed in this criminal appeal.3. The appellant was charged under Section 302 of the IPC for causing death to R.N. Misra (hereinafter referred to as 'the deceased'), the Assistant Commandant, A/53, CRPF, Amguri Camp by firing him with his service rifle on 4.3.1995 at about 5 P.M.4. The first information report was lodged alleging the above incident by PW 5 Sri Ranabir Singh, the Commandant of 53 Battalion of CRPF with the officer-in-charge, Bijni Police Station in the District of B...
Tag this Judgment!Runu Das Ms. Vs. Oriental Insurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Jul-29-2008
J. Chelameswar, C.J.1. This is an appeal against the judgment in W.P. (C) No. 2827/2003 dated January 5,2007 by the unsuccessful petitioner.2. The appellant was working as an Assistant-cum-clerk in the office of the 5th respondent. A disciplinary proceeding was initiated against the appellant on December 20, 1999 on the charge of unauthorized absence and an enquiry was conducted. By its report dated March 20, 2001 the enquiry officer found the appellant guilty of the charges of unauthorized absence. The disciplinary authority by its proceedings dated June 21, 2001 accepting the conclusion reached by the enquiry officer imposed a major penalty of removal of the appellant from service.3. Aggrieved by the said decision the appellant filed an appeal before the appellate authority without any success. Therefore, the appellant approached this Court by way of the writ petition referred to above.4. Mr. K.N. Choudhury, learned senior counsel for the appellant argued that both the enquiry and ...
Tag this Judgment!Jadav Chandra Deka Vs. Gauhati High Court and ors.
Court: Guwahati
Decided on: Jul-29-2008
A. Hazarika, J.1. Invoking power under Article 226 of the Constitution of India, the instant writ petition has been filed by the petitioner praying for a direction to the respondent authorities for passing necessary order for restoration of the seniority of the petitioner as Assistant Registrar over respondent No. 3 by giving retrospective effect from 21.6.2003 and to promote the petitioner as Deputy Registrar by setting aside the order of promotion dated 29.3.2007 issued in favour of the respondent No. 3.2. The pleadings averred in the writ petition leads to the following facts, viz.:(i) The petitioner was appointed as Lower Division Assistant (LDA for short) in the Gauhati High Court alongwith one Sri Kamala Kanta Barman and the respondent No. 3 vide order dated 12.06.1973 issued by the Joint Registrar. Thereafter, in the year 1985 all the three incumbents were promoted to the posts of Upper Division Assistants (UDA for short) followed by further promotion to the posts of Superinten...
Tag this Judgment!Sh. Lalhleia and ors. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jul-29-2008
H. Baruah, J.1. This writ petition has been filed by the writ petitioners to issue a rule or pass any other appropriate order(s) or direction to the respondent authorities to make payment of the interest accumulated on the principal rental compensation amount of Rs. 39,05,890/- till 29.6.2007 the date on which the said principal amount was paid.2. The brief case of the writ petitioners is that they were the owner and possessors of the lands which was acquired in the year 1993 by the District Collector for the use and occupation of respondent No. 2 herein since 1964. On acquisition of the said lands in the year 1993, the District Collector Aizawl, respondent No. 3 herein assessed the compensation of the lands at Rs. 33,48,451/-, which, after deposit, was disbursed to the petitioners. The respondent No. 3, while assessing the compensation of the lands also assessed the rental compensation from January, 1964 to June, 1993 at Rs. 39,05,890/-. It was approved by the Government but the same...
Tag this Judgment!Akoijam Raginbala Devi and ors. Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jul-28-2008
T. Nandakumar Singh, J.1. In the present writ petition, the writ petitioners, 8 in number, who are working as Reporter Grade-I, assail the parity in revision of their scale of pay pursuant to introduction of the Manipur Services (Revised Pay) Rules, 1989 and also for quashing the impugned letter dated 29.12.99 of the Govt. of Manipur, Finance Department (Pay Implementation Cell) for revising the pay scale of the Reporter Grade-I at a scale lower to that of their counterparts in the Manipur Legislative Assembly Secretariat; and also for an appropriate order/direction to the respondents to rectify/remove anomaly of pay in respect of the post of Reporter Grade-I by making equal with that of Section Officer and Committee Officer of the Manipur Legislative Assembly Secretariat, i.e. Rs. 6500-10500/-pm.2. Heard Mr. Kh. Tarunkumar, learned Counsel appearing for the petitioners as well as Mr. R.S. Reisang, learned Addl. G.A. appearing for the respondents-1 and 3 and also Mr. Birendra Kumar Si...
Tag this Judgment!Binoy Kumar Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-28-2008
Amitava Roy, J.1. In challenge is the notification No. B(2) H. 429/94/245 dated 6.6.2007 of the Additional Secretary to the Government of Assam, Education (H) Department, transferring the respondent No. 6, a Lecturer in Sanskrit, Nyaya Darshan of K.K. Handique Government Sanskrit College, Jalukbari (hereafter referred to as the College) to the Cotton College, Guwahati, the judgment and order dated 5.9.2007 passed by the learned Assam Administrative Tribunal in Appeal Case No. 36 ATA/2007 as well as the communication dated 7.7.2007 of the Secretary to the Government of Assam, Education (H) Department requiring the respondent No. 4 to release the respondent No. 6 pursuant to the aforementioned notification dated 6.6.2007.2. I have heard Mr. K.K. Mahanta, Sr. Advocate for the petitioner, Mr. M.R. Pathak, learned Standing Counsel, Education Department for the State respondents, Ms. B. Choudhury, Advocate for the respondent No. 4 and Mr. P.C. Deka, Sr. Advocate assisted by Mr. N. Deka, Adv...
Tag this Judgment!Ravinder Pal Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jul-25-2008
U.B. Saha, J.1. The petitioner in this writ petition has sought for setting aside the impugned order dated 7.1.2000 passed by the Deputy Inspector General (Pers), Directorate General, Central Industrial Security Force, Ministry of Home Affairs terminating the service of the petitioner as an Assistant Commandant, Central Industrial Security Force (in short CISF) and also for a direction from this Court for reinstatement of the petitioner in service with effect from the date of his termination granting all service benefits.2. The pleaded case of the petitioner as stated in the writ petition is that having passed in the Civil Service Examination, 1994 and been recommended, he was appointed to the post of Assistant Commandant in CISF and accordingly, he joined the said post on 8.1.1996. Thereafter, the petitioner was sent to National Industrial Security Academy, Hakimpet, Hyderabad for under going training in various indoor and outdoor subjects. But in the course of training, the petition...
Tag this Judgment!Sarabari Begum (Mustt.) @ Syera Begum and ors. Vs. State of Assam and ...
Court: Guwahati
Decided on: Jul-25-2008
B.K. Sharma, J.1. This batch of writ petitions involves 61 petitioners, who have been declared as foreigners by the respective Foreigners Tribunals. They have invoked the writ jurisdiction of this Court assailing the legality and validity of such declarations. Since the issue involved is the same, which is - whether the petitioners are illegal migrants to Assam after the cutoff date i.e. 25.3.1971, all the writ petitions are being disposed of by this common judgment and order, dealing with each and every case independently.2. One interesting feature of all the cases, except three, is that the impugned judgments and orders passed by the Foreigners Tribunals are all Ex-parte. The petitioners, except in three cases, did not respond to the proceedings before the Tribunals, which the learned State counsel describes as a methodical ploy to prolong the proceedings on untenable grounds.3. Barring three, in all the cases, the common ground(s) is/are that the Ex-parte proceedings and judgments ...
Tag this Judgment!Priya Vart Choudhury Vs. Malati Rani Ghosh and ors.
Court: Guwahati
Decided on: Jul-25-2008
B.P. Katakey, J.1. The respondents No. 1 to 4 filed an application Under Section 166 of the Motor Vehicles Act, 1988 (in short, the Act) claiming compensation of Rs. 9 lacs initially against the present appellant and the Insurance Company, for the death occurred to Basudev Ghosh in a motor accident occurred on 22.01.91 at the lstBattalion Gate, Police Reserve at about 2:50 p.m. involving the motor vehicle bearing registration No. TRI 3817 (Canter), contending inter alia that their predecessor-in-interest who was a Constable of Tripura Police and was on traffic duty at the 1stBattalion Gate, Police Reserve, was dashed and ran over by the said vehicle and though was taken to G. B. Hospital, but was declared dead. It was also contended in the claim application that the deceased monthly income was Rs. 2600/- and was aged about 42 years and the owner of the vehicle is Shri Priya Vart Choudhury, the appellant herein. The said claim application was registered as T.S. No. 48 (MAC)/91 before t...
Tag this Judgment!Abdul Hasim (Md) Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jul-23-2008
B.K. Sharma, J.1. The petitioner, who has been declared as foreigner by the Foreigners Tribunal has invoked the writ jurisdiction of this Court challenging the order of the Tribunal. This writ proceeding makes shocking revelations as to how a foreign national (Bangladeshi national) taking recourse to falsity, forgery and manipulation has been living in Assam, India for years together. He has not only become a voter, but has also obtained passport at a time when the proceeding before the Tribunal was still pending, because of laxity and indifferent attitude on the part of the authorities. Taking advantage of long delay in disposal of the proceeding before the Tribunal and 'go as you like' kind of approach on the part of the authorities, the brother of the petitioner and his family members numbering 8, who were also involved in the proceeding have already done the act of vanishing way back in 1999.2. In the writ petition, it is the case of the petitioner that he was born in 1948 in the ...
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