Guwahati Court August 2008 Judgments
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Pranab Rauth Vs. State of Assam
Court: Guwahati
Decided on: Aug-08-2008
I.A. Ansari, J.1. This is an application, made under Section 438 Cr.P.C, seeking pre-arrest bail for the accused-petitioner, namely, Sri Pranab Rauth, in connection with CID Police Station Case No. 29/2005 under Sections 419/209/365 IPC.2. Perused the above application and materials on record including a copy of the order, dated 09.01.2008, passed, in Bail Application No. 4702/2007, whereby the High Court had granted pre-arrest bail to the present petitioner in connection with the case aforementioned subject to certain conditions. The directions for pre-arrest bail and the conditions, imposed by the Court, were as under:Accordingly, it is ordered that in the event of his arrest in connection with CID PS Case No. 29/2005 under Sections 419/209 & 365 IPC, he shall be released on bail of Rs. 10,000/- with one local surety of the like amount to the satisfaction of the arresting authority on the following conditions:1. The petitioner shall make himself available for interrogation by police...
Afruja Sakia YasmIn Ahmed Vs. District and Sessions Judge and ors.
Court: Guwahati
Decided on: Aug-08-2008
Asok Potsangbam, J.1. Heard Mr. H. Rahman, learned Counsel for the petitioner and Mrs. G. Goyal, learned Counsel as well as Mr. B.J. Ghosh, learned Counsel appearing for the respondents.2. The question involved in this writ petition is whether the compassionate appointments on the ground of medical invalidation satisfy the requirements of Article 16 of the Constitution of India or not. Before adverting to the said question, the background facts leading to the riling of this writ petition are stated in brief as follows:3. Petitioner's father, Shri Aftabuddin Ahmed, who was working as Head Assistant in the Office of the District and Sessions Judge, Golaghat, was due to retire on superannuation w.e.f.31.3.2004. Two months before the due date of superannuation, Shri Aftabuddin Ahmed, on medical ground, applied for voluntary retirement on 7.1.2004 and the learned District and Sessions Judge, Golaghat accepted the aforesaid application for voluntary retirement on medical ground and allowed ...
Director of Animal Husbandry and Veterinary Department, Govt. of Assam ...
Court: Guwahati
Decided on: Aug-08-2008
Asok Potsangbam, J.1. The writ appeal is directed against the judgment and order dated 27.03.2007 passed by the learned Single Bench in W.P.(C) No.5964 of 2006, and the facts which are necessary for disposal of the writ appeal are stated in brief as follows:2. It is not in dispute that the petitioner's husband, late Saleh Ahmed Mazumder, joined the Office of the Joint Director, Animal Husbandry & Vety. Department, Cachar, Silchar w.e.f. 6.8.1980 as LDA-cum- Typist and the services of late Mazumder was terminated by an order dated 2.3.1990 and thereafter, he died on 12.12.1992.3. Due to serious illness, late Mazumder was on different kind of leaves for his absence from duty and as his health condition deteriorated. As contended by the respondent/petitioner, leave on medical ground was applied for w.e.f. 1.7.1985. However, by an order dated 2.3.1990, the service of the petitioner's husband was terminated and against the resultant vacancy, one Smt. Lailee Begum who was not made a party i...
H. Kala Singh and anr. Vs. State of Meghalaya
Court: Guwahati
Decided on: Aug-08-2008
T. Vaiphei, J.1. This criminal appeal under Section 374(2), 1973 of the Code of Criminal Procedure read with Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short) is directed against the judgment and order dated 16.5.2007 passed by the Ld. Special Judge (NDPS), Shillong, in Cr. (NDPS) Case No, 2 of 2006 convicting the appellants under Section 20(b)(ii)(C) of the NDPS Act and sentencing them to undergo rigorous imprisonment for a term often years with a fine of Rs. 1,00,000/- to be paid by each of them, and, an default thereof, to undergo another two years of rigorous imprisonment.2. The case of the prosecution, briefly stated, is that on 7.2.2006 at about 8 P.M., the Superintendent of Police, East Khasi Hills District (Mr. A.R. Mawthoh), received a reliable information to the effect that some antisocial elements had crossed over from Bangladesh for going to Assam via Shillong and accordingly directed the Dy. S.P. Reorganization (Mr. Lethindra S...
Mrs. Hafizun Begum Vs. Member, Motor Accident Claims Tribunal and ors.
Court: Guwahati
Decided on: Aug-06-2008
Hrishikesh Roy, J.1. Mr. A.M. Mazumdar, learned senior counsel appearing for the appellant. Also heard Ms. M.D. Choudhury, learned Counsel for the respondents.2. By this appeal the appellant challenges the judgment and order dated 30-5-2005 in MAC Case No. 139/01 passed by the learned Member, Motor Accident Claims Tribunal (herein after referred to as 'MACT), Darrang, Mangaldoi, whereby the appellant/wife has been held entitled to only 1/4th share of the amount awarded due to the accidental death of the appellant's husband Md. Nurool Hoque (hereinafter referred to as the 'deceased') on 11-3-1997 in a road accident.The appellant also challenges the direction given by the impugned order for awarding the remaining 3/4th share of the awarded amount in favour of brothers (respondents) of the deceased.3. Following the accidental death of the deceased, who was working as Typist, the appellant/wife filed a claim petition before the MACT, Darrang and by the judgment and order dated 13-6-2003, ...
Shamsher Singh Sandhu Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Aug-05-2008
B.K. Sharma, J.1. The petitioner working in the rank of Commandant in the CRPF, aspiring for promotion to the rank of Deputy Inspector General (DIG) filed this writ petition in the year 2001. According to him, the executive instructions issued in the year 1983 and the Recruitment Rules framed in the year 2001 deprived him of such promotion. The challenge made in this writ petition is the aforesaid executive instructions and the provisions of the Recruitment Rules issued in the year 1983 and 2001, respectively.2. The petitioner was first appointed in the rank of Deputy Superintendent of Police (D.S.P.) in the CRPF on 13.12.1976. He was promoted to the rank of Assistant Commandant in the year 1987. He was also considered for promotion to the rank of Commandant in the year 1997, but the result of the DPC was kept under sealed cover in view of pendency of a departmental proceeding initiated against him. However, he having been exonerated from the charge levelled against him, he was promot...
Umesh Debnath Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Aug-05-2008
K. Meruno, J.1. Heard Mr. C. Baruah, learned Senior Counsel assisted by Mr. U.J. Saikia, learned Counsel for the petitioner as well as Mr. R.H. Nabam, learned Senior Govt. Advocate appearing on behalf of the State respondent Nos. 1 to 4.2. Mr. C. Baruah, learned Senior Counsel submits that the case of the writ petitioner is that the petitioner was appointed as Work Charge Mechanic in the PWD, Arunachal Pradesh on 01.07.1980 at Jairampur and after 19 years of service at Jairampur, he was transferred to Changlang PWD Division. After few years of his transfer to Changlang, PWD, the petitioner made a query about his retirement and came to learn that only 5 years left for his retirement and that his age has been recorded in the Service Book as 18.06.1952 on the basis of the presumptive age noted by the doctor i.e. the higher side in his physical fitness certificate and not on the basis of the School Leaving (Transfer) Certificate furnished by the petitioner at the time of appointment and t...
Union of India (Uoi) and ors. Vs. Mohanlal Das
Court: Guwahati
Decided on: Aug-05-2008
B.K. Sharma, J.1. This writ appeal is directed against the judgment and order dated 09.07.2002 passed by the learned Single Judge allowing the writ petition being Civil Rule No. 587/1996, which the respondent herein had filed challenging his dismissal from service under the BSF.2. The writ petition was filed in the year 1996 challenging the order dated 28.08.1996, by which the petitioner was dismissed from service. He was working in the capacity of Lance Naik. The petitioner entered into services of BSF as Constable on 02.04.1986. In the month of April, 1996 the petitioner was posted at Panisagar in the State of Tripura, which was the Head Quarter of the 200 Bn., BSF to which the petitioner was attached. In the writ petition it was stated that sometime in April, 1996 the wife of the petitioner was at advanced stage of pregnancy and so the petitioner required leave since there was nobody to look after her at that point of time.3. In the aforesaid circumstances, the petitioner submitted...
Bhajan Ch. Debnath Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Aug-05-2008
Mutum B.K. Singh, J.1. This writ appeal is directed against the judgment and order dated 11.2.2005 passed by the leaned Single Judge in the writ petition being WP(C) No. 240/203 dismissing the writ petition.2. The writ petitioner, the appellant herein who has since retired from service on attaining the age of superannuation with effect from 31.7.2008 was appointed as Upper Division Clerk (UDC) in the Forest Department of Government of Tripura with effect from 6.4.1981 He was superceded by his juniors first ion respect of promotion to the post of Accountain in the year 1991 (27.11.1991). and thereafter to the post of Office Superintendent in the year 1998 (9.7.1998).3. Certain departmental proceedings were drawn up against the petitioner, last one of which is the subject matter of dispute in this proceeding. It will be pertinent to mention here that the petitioner was recommended for promotion to the post of Accountant by the DPC with effect from 27.11.1991. However, he could not be pr...
Anup Kr. Debbarma Vs. Ahindra Kr. Debbarma and ors.
Court: Guwahati
Decided on: Aug-05-2008
B.K. Sharma, J.1. This appeal is directed against the judgment and decree dated 17.06.2002 passed by die learned Civil Judge (Sr. Division), Court No.2, West Tripura, Agartala, in Title (Partition) Suit No.82/1998, dismissing the suit of the plaintiff appellant. The suit was filed for partition of the joint properties described in the Sched.de to the plaint. Be it stated here that the plaintiff and the three defendants are full blood brothers being the sons of Late Hiran Kumar Debbarma, who died on 30.06.1988.2. In the suit, it was the case of the plaintiff/appellant that after the death of the father of the plaintiff and the defendants they became the joint owner of the property left behind by their father. Be it stated here that the proforma defendant who is the proforma respondent in this appeal is the married daughter of Late Hiran Kumar Debbarma and she relinquished her claim over the property. Thus the plaintiff and the defendants became the join owners of the property in questi...
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