Guwahati Court November 2010 Judgments
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Sahera Banu Vs. the State of Assam and ors
Court: Guwahati
Decided on: Nov-26-2010
1. Although the petitioner by means of this writ petition has prayed for setting aside and quashing of the appointment of the respondent No. 5 as Subject Teacher (Education) in the particular school, but the order of appointment as such has neither been enclosed nor put to challenge. 2. The facts materials for the purpose of disposal of the writ petition are that the petitioner who is an MA in Education with B. Ed. degree had been serving in the school called Jugijan Higher Secondary School, Nagaon for the period from 01. 08. 2006 to 04. 09. 2009 as honorary(sic) Subject Teacher in Education. Although she had applied for regular appointment against the said post pursuant to the advertisement dated 03. 06. 07 (Annexure-5) and duly appeared in the selection conducted by the selection committee, but she having not been appointed and instead the respondent No. 5 having been appointed, she has filed the instant writ petition. Be it stated here that the advertisement was published by the Dir...
Sonitpur Dhatri Sewa Samity Vs. the Director of Health Services, Assam ...
Court: Guwahati
Decided on: Nov-22-2010
1. The two petitioners are non-governmental organizations (in short, 'NGO') registered under the Societies Registration Act. While the petitioner No. 1, namely, Golaghat Nirman Mohila Gut, stands registered, by the Golaghat District Administration, as an NGO, petitioner No. 2, namely, Sonitpur Dhatri Sewa Samity, stands registered, as an NGO, by the Sonitpur District Administration. While the aims and objectives of the petitioner No. 1 are, broadly speaking, to work, in the interior villages (which are located far away from the Sadar places) in the field of education, to promote healthcare, agriculture, sports, veterinary, horticulture, social welfare, the main object of the petitioner No. 2 is to take care of the disabled persons, destitute women, children and homeless persons and provide medical facilities and treatment to them. 2. The Mission Director, National Rural Health Mission & Secretary to the Government of Assam, Health & Family Welfare Department, (who stand imploded(sic) a...
Mrs. Mandira Begum ( Deka) Vs. the State of Assams.
Court: Guwahati
Decided on: Nov-16-2010
1. A question of great importance has been raised, in this writ petition, made under Article 226 of the Constitution of India, the question being whether a person, who is acquainted with the facts of a case, which is under investigation by police, has any right to get his or her statement recorded, under Section 164 Cr.PC, by a Magistrate by filing a petition, in the Court of a Magistrate, seeking to get himself examined as a witness under Section 164 Cr.PC ?2.The question posed above has arisen in the backdrop of the facts as indicated below:(i)The petitioner, who claims to be an educated female person of the age of 21 years, has, according to the petitioner, voluntarily married, on 02.09.2010, one Md. Iftikhar Hussain, according to Islamic law and, thereafter, on 21.09.2010, their marriage was also registered under the Special Marriage Act, 1954, at Mangaldoi, in the district of Darrang. The petitioner claims that she, without giving any information to her parents, had gone out of he...
Shri Kanak Chandra Nath Vs. the Director General of Polices.
Court: Guwahati
Decided on: Nov-15-2010
1. Heard Mr. R Ali, learned counsel for the petitioner, and Ms. HM Phukan, learned Government Advocate, for the respondent. 2. The petitioner, a constable in the Assam Police Force, was posted at a SULFA Camp, Basanaghat, in the district of Morigaon, for guarding the said Camp along with two other constables, namely, Ainul Haque and Kuladhar Bordoloi. On 20-03-2003, at about 5 pm, 1 (one) SLR, which is a prohibited arm, issued to the petitioner, was found missing from the said Camp. At the time, when the fact that the SLR was missing in the Camp, was noticed, the petitioner was absent from the Camp without any intimation to any one and without any permission from appropriate authority. A disciplinary proceeding was accordingly initiated against the petitioner on the following charges: i)SLR being No. 16261667 issued to the petitioner was found missing from the SULFA Camp, Basanghat, Morigaon. ii)Unauthorised absence from the said Camp at the time of incident leaving the SLR negligently...
Dr. Joy Kumar Singh Vs .The State of Assam.
Court: Guwahati
Decided on: Nov-12-2010
1. A sub-Inspector of police, Criminal Investigation Department (for short, 'CID'), Assam, lodged, on 01. 12 . 2009, a First Information Report with the Officer-in-Charge, CID Police Station, Assam, alleging, inter alia, thus: Acting on a secret information, the informant, along with his team of officials, on 30. 11 . 2009, at 2. 40 p. m. , conducted search of a night super bus parked at Lalong Gaon, Lokhra, near National Highway 37, in presence of its driver, Lairenlakpam Thoiba Singh, its handyman, Azmeer Hussain, and some witnesses. On the search, so conducted, 31,298 (thirty-one thousand two hundred and ninety-eight) numbers of Spasmo Proxyvon capsules were found kept concealed in two secret chambers specially made inside the bus. The said capsules were accordingly seized and, on a query made by the informant, the driver and handyman failed to produce any document authorizing them to carry the said capsules. 2. Based on the information, so lodged, CID Police Station Case No. 31/200...
Syed Alam Vs. the State of Assam.
Court: Guwahati
Decided on: Nov-12-2010
1. A sub-Inspector of police, Criminal Investigation Department (for short, 'CID'), Assam, lodged, on 01. 12 . 2009, a First Information Report with the Officer-in-Charge, CID Police Station, Assam, alleging, inter alia, thus: Acting on a secret information, the informant, along with his team of officials, on 30. 11 . 2009, at 2. 40 p. m. , conducted search of a night super bus parked at Lalong Gaon, Lokhra, near National Highway 37, in presence of its driver, Lairenlakpam Thoiba Singh, its handyman, Azmeer Hussain, and some witnesses. On the search, so conducted, 31,298 (thirty-one thousand two hundred and ninety-eight) numbers of Spasmo Proxyvon capsules were found kept concealed in two secret chambers specially made inside the bus. The said capsules were accordingly seized and, on a query made by the informant, the driver and handyman failed to produce any document authorizing them to carry the said capsules. 2. Based on the information, so lodged, CID Police Station Case No. 31/200...
R/O Flat 1-d, Nirupam Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Nov-11-2010
1. The two petitioners involved in this two writ petitions are aspirants for promotion to the posts of Assistant Professor in the respective departments in the Regional Dental College (RDC). Presently they are holding the posts of Demonstrator/Resident Surgeon. They are aggrieved by application of the particular requirement for promotion to the post of Assistant Professor, which according to them is not applicable in respect of the posts to which they have claimed promotion. Be it stated here that the petitioner in WP(C) No. 2276/2010 is working in the Department of Prosthodontics, while the petitioner in WP(C) No. 2278/2010 is working in the Department of Orthodontics. Since the issue raised and the basic facts involved in both the writ petitions are one and the same, they are being heard analogously and are being disposed of by this common judgment and order. The writ petition being WP(C) No. 2276/2010 having been exclusively referred to by the learned counsel for the parties to brin...
Achala Bhuyan Road, Ghy Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Nov-11-2010
1. The two petitioners involved in this two writ petitions are aspirants for promotion to the posts of Assistant Professor in the respective departments in the Regional Dental College (RDC). Presently they are holding the posts of Demonstrator/Resident Surgeon. They are aggrieved by application of the particular requirement for promotion to the post of Assistant Professor, which according to them is not applicable in respect of the posts to which they have claimed promotion. Be it stated here that the petitioner in WP(C) No. 2276/2010 is working in the Department of Prosthodontics, while the petitioner in WP(C) No. 2278/2010 is working in the Department of Orthodontics. Since the issue raised and the basic facts involved in both the writ petitions are one and the same, they are being heard analogously and are being disposed of by this common judgment and order. The writ petition being WP(C) No. 2276/2010 having been exclusively referred to by the learned counsel for the parties to brin...
Mosstt. Sohorbhan Bibi Vs. Md. AlauddIn Sk.
Court: Guwahati
Decided on: Nov-11-2010
1. Heard Mr. A R Sheikh, learned counsel appearing for the petitioner. The opposite party is represented by Ms. N S Thakuria, learned counsel. 2. 1 The judgment and order dated 7. 9. 2004 passed by the learned Sessions Judge, Dhubri in C. R. Case No. 42(1)/2004 is under challenge in the instant proceeding. By the impugned order, the learned Court accepted the Revision Petition of the respondent (husband) and interfered with the order dated 28. 1. 2004 in Misc. Case No. 287/2000 granting maintenance to the petitioner (wife) on her application under Section 125 of Cr. P. C. 2. 2In her petition for maintenance, the petitioner claimed that she got married with the respondent on 13. 12. 1991 fixing Mohorana at Rs. 15001/-, out of which Rs. 40/- was prompt dower and the remaining Mohorana was deferred dower. The marriage was registered on 15. 12. 1991. A male child was born out of their conjugal life. But after the child died, the respondent (husband) drove away the petitioner from his house...
Pradeep Gogoi Vs. the State of Assam and ors
Court: Guwahati
Decided on: Nov-11-2010
1. Heard Mr. S. N. Sarma, learned Sr. Counsel for the petitioner as well as Mr. K. Konwar, learned counsel representing the respondent No. 4. I have also heard Ms. Baruah, learned Standing Counsel, Education Department. 2. This writ petition is directed against the order dated 17. 1. 2007 (Annexure-B) passed by the Director of Secondary Education, Assam, by which the respondent No. 4 was allowed to hold charge of the Headmaster of the school called Barhapjan High School in Tinsukia district. As per the said order, the respondent No. 4 is also allowed to exercise the financial power for drawl and disbursement of salaries etc. of teaching and non-teaching staff of the school until further order. 3. The aforesaid order is under challenge on the ground that the petitioner being senior to the respondent No. 4 ought to have been allowed to hold the charge of Headmaster instead of allowing the respondent No. 4. 4. The petitioner was appointed as Assistant Teacher with effect from 11. 2. 1974 ...
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