Guwahati Court November 2010 Judgments
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Gauri Bauri Vs. Nosir Ahmed Mazumder.
Court: Guwahati
Decided on: Nov-10-2010
Heard Dr. B. Ahmed, learned counsel for the petitioner. Also heard Mr. S. K. Medhi, learned counsel for the respondent No. 5 and Mr. R. K. Bora, learned Govt. Advocate appearing for respondent Nos. 1 to 4. In writ petition, I am called upon to decide the legality of the entire proceeding held on 8. 9. 2009 convened and presided over by respondent No. 5 rejecting the No Confidence Motion moved against him by the petitioners. The facts and circumstances leading to the filing of the writ petition are virtually not in dispute. The petitioners are the elected members of the Chandipur Gaon Panchayat, Hailakandi District. On 8. 9. 2009, eight out of ten members of Chandipur Gaon Panchayat submitted a requisition to the Secretary of the Gaon Panchayat against the respondent No. 5. The Secretary, it is claimed by the petitioners, in terms of Section 15 of the Assam Panchayat Act took the approval of the respondent No. 5 and issued notices by fixing the date, time and venue for discussion of the...
Amita Deb Roy Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Nov-09-2010
1. Heard Mr. M. H. Rajbarbhuiyan, learned counsel for the petitioner as well as Mr. M. K. Misra, learned Standing Counsel, Education Department. I have also heard Mr. L. R. Mazumdar, learned counsel appearing for the Respondent No. 5. 2. The petitioner is aggrieved by the Annexure-15 order dated 23. 12. 2009, by which she has been placed under suspension on the ground of not allowing the Respondent No. 5 to join the promotional post of Headmaster of the school in question. The Respondent No. 5 was promoted to the post of Headmaster in the said school by order dated 3. 9. 2009 (Annexure-4 to the writ petition). Be it stated here that he is a selected candidate for appointment/promotion to the post of Headmaster. On the other hand, the petitioner, who had been functioning as I/C Headmistress of the school, although had appeared in the selection but could not qualify. 3. When the charge of post of Headmaster was not handed over to the Respondent No. 5 by the petitioner, Annexure-15 order ...
GobIn Chandra Borah Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Nov-08-2010
1. The petitioner, a Senior Lecturer of District Institute of Education and Training ( for short, hereafter referred to as 'DIET') of the State of Assam, seeks judicial intervention for redressal of his grievance against the wrong fixation of his seniority in that post vis-a -vis the respondents preferred over him. 2. I have heard Mr KH Choudhury, Senior Advocate assisted by Mr SK Mukhtar, Advocate, for the petitioner and Mr SK Das, learned Standing Counsel, Education Department, Govt. of Assam. None has entered appearance on behalf of the private respondents. Incidentally, on the orders of this Court, the names of Respondents 4,11 ,12 and 13 have been deleted from the array of respondents. No affidavit-in -opposition on behalf of the respondents has also been filed. 3. The uncontroverted pleaded version of the petitioner is that vide Notification No. EDG. 438/89/93 dated 9. 5. 1991 of the Deputy Secretary to the Govt. of Assam, Education Department , he along with others was appointed...
Shri Baroda Nath Vs. the State of Assam.
Court: Guwahati
Decided on: Nov-04-2010
1. The Appellant herein stands convicted under Section 306 of the Indian Penal Code vide impugned Judgment dated 06. 05. 2008 passed by the Learned Additional Sessions Judge (FTC) , Kamrup, Guwahati in Sessions Case No. 198(K) of 2006 under section 306/ 34 of the Indian Penal Code ( IPC) . After convicting the appellant, he has been sentenced to undergo rigorous imprisonment for 5 (five) years and also to pay fine of Rs. 500/- with default stipulation of further rigorous imprisonment for 6 (six) months. 2. Heard Mr. B K Mahajan, learned counsel for the appellant. Also heard Mr. Z Kamar learned P. P. for the State of Assam. I have also gone through the impugned Judgment and evidence on record proffered by prosecution as well as the accused in the Trial Court. 3. Apparently, the record reveals that the marriage of the deceased with the appellant took place on 04. 03. 1998 and the deceased committed suicide on 10. 09. 2000 i. e. within a period of 2 = years. In view of the unnatural death...
MahibuddIn Laskar Vs. Abdul MatIn Laskar.
Court: Guwahati
Decided on: Nov-04-2010
1. This second appeal is directed against the judgment and decree passed in Title Appeal No. 17/98 by the learned Civil Judge, Sr. Division, Cachar at Silchar thereby allowing the appeal against the judgment and decree passed in Title Suit No. 70/95 by the learned Civil Judge , Jr. Division, Cachar, Silchar decreeing the suit in favour of the plaintiff. 2. I have heard Mr. HRA Choudhury, learned Sr. Counsel assisted by Mr. FU Borbhuiyan, learned counsel appearing for the appellant. None appears for the defendants/respondents when the matter was called upon for hearing. 3. The plaintiff/resondent instituted the Title Suit No . 70/95 in the court of the then Sadar Munsiff No. 1, Silchar, Cachar impleading the present respondent as the sole defendant. The pleaded case of the plaintiff/respondent is that on 15. 5. 75 the plaintiff No . 1 and his brother late Jamiruddin Laskar transferred the suit land in favour of the defendant for valuable consideration of Rs. 5,000/-by executing a regist...
Shri Jyoti Prasad Das Vs. the Director,printing and Stationary.
Court: Guwahati
Decided on: Nov-04-2010
1. The petitioner, whose name was sponsored by the Employment Exchange for selection to the post of Forma Carrier as well as the Counter in Assam Government Press, by the present petition has challenged the list dated 6th December, 2008 published by the Director of Printing and Stationary, Government of Assam, selecting the candidates for practical test for the posts of Forma Carrier as well as Counter and also praying for a direction to the State respondents to consider his case for appointment as Forma Carrier in the Assam Government Press, on compassionate ground. 2. The Director, Printing and Stationary notified certain vacancies to the Director of Employment and Craftsman Training, Assam vide communication dated 17th April, 2008 requesting to sponsor the names for selection against 1 (one) post of Junior Mechanic, 9 (nine) posts for Forma Carrier, 1 (one) post of Paste-up-Artist and 6 (six) posts of Counter in Assam Government Press. The Employment Exchange sponsored the names of ...
Sri Mrinal Khound Vs. Deputy Secretary.
Court: Guwahati
Decided on: Nov-02-2010
1. Heard Mr. R. Baruah, the learned counsel for the petitioner as well as Mr. B. J. Ghosh, the learned State Counsel appearing for the respondents. 2. The petitioner in the present petition has challenged the departmental proceeding initiated vide the show cause notice dated 14th December, 1995 issued by the Secretary to the Government of Assam, Personal (A) Department asking him to show cause as to why the disciplinary action under the provisions of the Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India should not be taken against him for the allegations contained in the said show cause notice. The petitioner has also prayed for a direction to the respondent authorities to permit him to resume his duties and to give necessary posting. 3. The petitioner was appointed as Sub-Deputy Collector and posted at Mangaldoi in the district of Darrang vide order dated 13th February, 1984, pursuant to the selection for appointment in ACS Class-II ...
Shri Gopal Chauhan and ors Vs. the State of Assam.
Court: Guwahati
Decided on: Nov-02-2010
This criminal appeal is directed against the Judgment and Order dated 21. 07. 2003 passed by Shri T Phookan, Learned Sessions Judge, Karimganj in Sessions Case No. 42 of 2001 whereby the learned Sessions Judge has convicted the appellants under section304 Part-II/ 34 of the Indian Penal Code ( IPC) . On such conviction, the appellants have been sentenced to undergo rigorous imprisonment for 3(three) years and also to pay fine of Rs. 500/- each with default stipulation of further rigorous imprisonment for 3 (three) years. The appellants are brother and they have filed this appeal jointly. 3. Heard Mr. HRA Choudhury, learned Senior counsel for the appellants. Also heard Mr. K. Munir. learned Addl. P. P. for the State of Assam. I have also perused the impugned Judgment and evidence on record. 4. As could be gathered from the record, both the accused persons and the deceased had agricultural land adjacently. On 17. 09. 1999 at about 2 P. M., an altercation took place between the deceased a...