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Guwahati Court October 2013 Judgments

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Oct 31 2013

Khargeswar Narzary and Others Vs. the State of Assam, Through the Comm ...

Court: Guwahati

Decided on: Oct-31-2013

Judgment and Order, (Cav): 1. The sole question which falls for consideration in this writ petition is whether the Presiding Officer, Labour Court, Guwahati is correct in holding that Reference Case No. 7 of 2009 is hit by the principles of res judicata? 2. To appreciate the controversy, I will first deal with the facts of the case as pleaded by the petitioners. There are 18 petitioners in this writ petition. They were initially appointed as regular employees at the Bongaigaon Thermal Power Station (BTPS), Dhaligaon on different dates between 1981 and 1986. Later, their appointment letters were recalled and were then shown to be contract labours; they were issued ID cards instead of appointment letters but by accommodating them in official residential quarters. They were stated to have been treated as regular employees for all practical purposes. However, in the year 2002, their services were abruptly terminated purportedly on the ground that the BTPS had stopped production and that th...


Oct 31 2013

Anil Kumar Barua Vs. the State of Assam, Represented by the Chief Secr ...

Court: Guwahati

Decided on: Oct-31-2013

Judgment and Order, (Cav): 1. In this writ petition, the petitioner is questioning the legality of the disciplinary proceedings launched against him and of the order dated 3-1-2008 issued by the Commissioner-cum-Secretary, Government of Assam, Secretariat Administration (Estt.) (respondent 2) imposing a penalty of reduction of rank in the post of Junior Administrative Assistant and other consequential orders. 2. The facts of the case, as projected by the petitioner, may be briefly referred to at the outset. The petitioner was initially appointed as Lower Division Assistant (which is now re-designated as Junior Administrative Assistant or JAA for short) whereafter he was promoted to the post of Upper Divisional Assistant (now re-designated as Senior Administrative Assistant or SAA for short). While he was serving as SAA in the Department of Implementation of Assam Accords, Assam Secretariat, the Chief Secretary of Assam served a show cause notice bearing dated 22-7-2003 upon him along w...


Oct 28 2013

Swapan Kumar Saha Vs. Biswa Nath Sureka

Court: Guwahati

Decided on: Oct-28-2013

Judgment and Order: 1. This revision petition is directed against the judgment and order dated 20.06.2012 passed by the learned Addl. District Judge (FTC), Bongaigaon, in Title Appeal No.2/2011, dismissing the appeal preferred by the revision petitioner/tenant, by affirming the judgment and decree dated 05.09.2001 (decree drawn on 12.09.2001) passed by the learned Civil Judge (Jr. Division), Bongaigaon, in Title Suit No.42/1993, whereby and whereunder the suit of the present respondent/landlord, filed under the provisions of the Assam Urban Areas Rent Control Act, 1972 (in short the 1972 Act), for eviction of the revision petitioner/tenant from the suit premises on the ground of defaulter, has been decreed. 2. The respondent/landlord instituted the aforesaid suit, under the provisions of the 1972 Act, for eviction of the revision petitioner/tenant from the suit premises on the ground of defaulter and bonafide requirement, contending inter alia that though the plaintiff and the defendan...


Oct 04 2013

Sashikant Prasad and Another Vs. Md. Quadir

Court: Guwahati

Decided on: Oct-04-2013

Judgment and Order, (Oral): 01. Heard Mr. SP Roy, learned counsel for the petitioners. None appears for the respondents. 02. By way of this petition, under Article 226 of the Constitution of India, petitioners seek quashing of Complaint Case No.4147/2010, under section 138 of the Negotiable Instruments Act, 1881 (NI Act), pending in the Court of Chief Judicial Magistrate (CJM) Aligarh, Uttar Pradesh. 03. Case of the petitioners is that, petitioner No. 1 is the son of petitioner No. 2. Petitioner No. 2 is the sole proprietor of a Proprietorship Firm in the name and style of M/s. Glass Corner, situated at Athgaon, Guwahati. Petitioner No. 2, as the Proprietor of M/s. Glass Corner, issued 20 Nos. of undated cheques in favour of M/s. Monex Glass Pvt. Ltd., Aligarh represented by the respondent as security guarantee for the goods supplied by the respondent to the said firm. Petitioners have narrated extensively in the writ petition about how they were compelled to receive the goods of respo...


Oct 01 2013

Must. Suriya Khatun Vs. the State of Assam

Court: Guwahati

Decided on: Oct-01-2013

Judgment and Order, (Oral): T. Vaiphei, J. 1. The legality of the judgment dated 16.10.2012 passed by the learned Sessions Judge, Goalpara in Sessions Case No.82/2010 convicting the appellant U/s 302 IPC and sentencing her to life imprisonment is called into question in this appeal. 2. The case of the prosecution is that on 3.7.2010, one Abdul Waheb lodged an FIR with the Officer-in-Charge of Baguan Police Station to the effect that at around 12 Oclock, the appellant killed his nephew Ajmat Ali by burning him and strangulating him by taking the advantage of the absence of other inmates in the house and then threw him in a deep pond behind their house. On receipt of the FIR, the Officer-in-Charge of Baguan Police Station registered a regular case being Baguan Police Station Case No.63/2010 u/S 302 IPC and investigated into the case. 3. In course of investigation, the appellant was arrested, the statement of the witnesses were recorded by the police. He also visited the place of occurren...


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