Guwahati Court May 2011 Judgments
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Sri Tridib Dutta Choudhury Vs. Sri Pinak Bhattacharjee
Court: Guwahati
Decided on: May-10-2011
1. This criminal revision petition is arising out of a proceeding under Negotiable Instruments Act, 1881. The respondent herein filed a complaint in the court of learned Chief Judicial Magistrate, Kamrup at Guwahati on 16.12.09 for trial of the accused under Section 138 of the N.I. Act. The complaint was registered as C.R. Case No. 4607 of 2009 and in due course the case was transferred to the court of SDJM II, Kamrup, Guwahati. The complaint petition was accompanied with evidence in the form of an affidavit and relevant documents. On the basis of the averments made in the complaint petition and affidavit evidence, cognizance was taken and process against the accused was issued vide order dated 16.12.2009. 2. After appearance in the court, the accused prayed for review of the order dated 16.12.09 on the ground that the affidavit of the complainant cannot be considered as initial deposition as contemplated under Section 200 of the Code of Criminal Procedure. The objection of the accused...
Rekha Devi Vs. State of Assam
Court: Guwahati
Decided on: May-10-2011
(1.) Heard Mr. AK Maheswari, learned counsel for the petitioner and Mr. S. Munir, learned Govt. counsel appearing for the official respondents. (2.) This writ petition has been filed with a limited prayer to direct the respondents to pay the arrear as well as current salary on the premise that she was appointed as Assistant teacherin the year 1989 and thereafter she joined the said post at Khajua Block LP School on 1.1.90. According to the petitioner, she is working in the said school from 1.1.90 till date and despite that the respondents stopped her salary intermittently. According to the petitioner, for non payment of the salary, a writ petition was filed in the year 1990 being CR No. 1759 of 1990. While disposing of the said writ petition, this court directed the Govt. to clear the pay and allowance for the period they have rendered service in the respective schools. After the aforesaid order, the Govt. terminated the services ofgood number of teachers and again stopped salary of th...
Mukul Kumar Dey Vs. Union of India
Court: Guwahati
Decided on: May-07-2011
(1.) The petitioners herein twenty four in numbers, working as casual employees of the Nagaland Pulp and Paper Co. Ltd., (in short NPPC), Paper Nagar Tuli in the district of Mokokchung, Nagaland, have approached this Court under prerogative and discretionary writ jurisdiction seeking a direction to the official respondents to pay regular scale of pay and to regularize the services of the petitioners with other benefits. (2.) Heard Mr. A Dasgupta, learned counsel appearing for the petitioners. Also heard Mr. TB Jamir, learned Central Govt. Counsel appearing for respondent No.1, Mr. LS Jamir, learned Additional Advocate General, Nagaland, appearing for respondent No.2, Mr. J Roy, learned counsel appearing for respondent No.3 and Mr. CT Jamir, learned counsel appearing for respondent Nos.4 to 6. (3.) In a nutshell the court is called upon to set at rest the question of regular pay scale as well as regularization of services with other benefits to the petitioners, as sought for, would be a...
M/S Mega Electricals Vs. Assam State Electricity Board and ors.
Court: Guwahati
Decided on: May-06-2011
1. Challenge in this writ petition is made against the notice for re- tendering vide Tender Specification No.AEGCL/MD/Tech-270 (Kh- Rot)/2009/Revised or any process relating to the said tender seeking a direction to award the work as per the Tender Specification No.AEGCL/MD/Tech-270 (Kh-Rot)/2009 to the petitioner being the lowest bidder in terms of Notice Inviting Tender ('NIT' for short) dated 14.6.2009.2. The ground seeking the relief as indicted above is summarized hereinbelow:-The respondent No.2, the Assam Electricity Grid Corporation Ltd. ('AEGCL' for short) issued a NIT on 14.6.2009 from experienced and resourceful firms for the works covering supply of materials, conductor, insulators, hardware materials, etc. including erection, stringing, testing and commissioning for raising the height of 220 KV 4 CKt, Khanapara- Sarusajai line at Khanapara Rotary under deposit scheme which was published in the daily English newspaper 'The Assam Tribune'. In th...
Mega Electricals Vs. Assam State Electricity Board
Court: Guwahati
Decided on: May-06-2011
(1.) Challenge in this writ petition is made against the notice for re- tendering vide Tender Specification No.AEGCL/MD/Tech-270 (Kh- Rot)/2009/Revised or any process relating to the said tender seeking a direction to award the work as per the Tender Specification No.AEGCL/MD/Tech-270 (Kh-Rot)/2009 to the petitioner being the lowest bidder in terms of Notice Inviting Tender ('NIT' for short) dated 14.6.2009. (2.) The ground seeking the relief as indicted above is summarized hereinbelow:- The respondent No.2, the Assam Electricity Grid Corporation Ltd. ('AEGCL' for short) issued a NIT on 14.6.2009 from experienced and resourceful firms for the works covering supply of materials, conductor, insulators, hardware materials, etc. including erection, stringing, testing and commissioning for raising the height of 220 KV 4 CKt, Khanapara- Sarusajai line at Khanapara Rotary under deposit scheme which was published in the daily English newspaper 'The Assam Tribune'. In the said publication the p...
Shri Bimalendu Roy Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: May-05-2011
1. By means of this writ petition, the petitioner has put to challenge the Annexure-XVII order dated 21.12.2009, passed by the Govt. of Mizoram in the Environment and Forest Department under the signature of the Chief Secretary, Govt. of Mizoram, by which the prayer of the petitioner for extension of the settlement period which had expired on 30.11.2009, was rejected. The petitioner has also challenged the Annexure-XV NIT dated 13.11.2009 by which bids had been invited for operation of various Bamboo Mahals for the settlement period 2009-2010, which included the Bamboo Mahal with which the present proceeding is concerned. 2. Briefly stated the facts leading to filing of the instant writ petition are that the petitioner was settled with Langkaih Bamboo Mahal for the year 2008-2009 for the working period from 1/12/2008 to 30/11/2009 at the value of Rs. 25,00,000/- for extraction of bamboos not exceeding 30,00,000 Nos. from the Mahal area. 3. It is the case of the petitioner that since du...
Sahabul HussaIn Vs. Union of India and ors.
Court: Guwahati
Decided on: May-04-2011
1. Heard Mr. D.P. Chaliha, learned senior counsel assisted by Mr. M. Rana, learned counsel for the petitioner. I have also heard Ms. R. Chakraborty, learned Addl. Senior Govt. Advocate as well as Mr. M. Bhagabati, learned CGC. 2. This writ petition has been filed against the order dated 4.10.2010 passed by the learned Member, Foreigner's Tribunal, Goalpara in FT Case No. 197/G/2006 (Union of India v. Sahabul Islam), by which it has been held that the person concerned i.e. Sahabul Islam is an illegal migrant and accordingly liable to be deported from India. 3. The instant writ petition has been filed by one Shri Sahabul Hussain, although the proceeding before the Tribunal in respect of the aforesaid reference was against one Shri Sahabul Islam. This Court while entertaining the writ petition by order dated 4.4.2011 called for the records of the Tribunal and the same is available for perusal. 4. In the proceeding before the Tribunal, the person proceeded against was Sahabul Islam. In the...
Sri Pradip Nath Vs. Smt. Reena Nath
Court: Guwahati
Decided on: May-03-2011
1. Heard Mr. M U Mahmud, learned counsel appearing on behalf of the appellant husband. None appears for the respondent wife despite service of notice. 2. This matrimonial appeal is filed by the appellant husband against dismissal of his petition for divorce under section 13(1) of the Hindu Marriage Act, 1955 3. Facts, leading to filing of this appeal are as follows: The appellant/husband and the respondent/wife solemnized their marriage on 01.05.2000 at Guwahati, as per Hindu rites and customs. After getting married they lived together as husband and wife till 28.02.2004, thereafter the respondent left the house of the appellant. 4. The appellant stated that the respondent used to torture and neglect him by her conduct and thereby made his life miserable. When the appellant had no official quarter to keep respondent with him, he left her at his father's house after their marriage, but after about 10 (ten) days or so, the respondent wife had gone to her mother's house without the knowle...
Sampa Karmakar Vs. Sanjib Karmakar
Court: Guwahati
Decided on: May-03-2011
AMITAVA ROY, J (1.) The instant appeal is by the wife impugning the decree for dissolution of her marriage with the respondent vide the judgment and order dated 18.6.2004 rendered by the learned District Judge, Dhubri in Title Suit (D) Case No. 39/2002. (2.) We have heard Mr N Choudhury, learned counsel for the appellant and Mr D Mazumdar, learned counsel for the respondent assisted by Ms T Sakia, Advocate. (3.) The pleadings of the parties would necessarily have to be briefly traversed to comprehend the necessary facts for better appreciation of the rival submissions. The parties were married on 11.6.2000 at the residence of the appellant at Dhubri according to Hindu rites and rituals. They thereafter resided for a few days at the village residence of the respondent and then shifted to a rented house at Garigaon, Guwahati and eventually to an accommodation in the Gauhati University campus at Jalukbari. The respondent incidentally is a Scientific Officer of the Gauhati Univesity (for s...
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