Guwahati Court September 2013 Judgments
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Md. MofizuddIn Vs. Mrs. Kahimai Hira and Others
Court: Guwahati
Decided on: Sep-30-2013
Judgment and Order, (Cav) (1) Heard Mr. B.K. Purkayastha, learned Counsel, appearing for the appellant. None has appeared for the respondents. This appeal is directed against the judgment and decree, dated 28.08.2009, passed by the learned Civil Judge, Morigaon, in Title Appeal No. 11/2009, whereby the first appellate Court, while upholding the judgment and decree, dated 30.01.2009, passed by the learned Munsiff No. 1, Morigaon, in Title Suit No. 30/2008, dismissed the first appeal, preferred by the appellant. (2) Aggrieved by the judgment and decree, passed by the learned Civil Judge, the principal defendant, as appellant, has come up with this second appeal. (3) The principal respondents, as plaintiffs, instituted the said title suit against the principal defendant, i.e. the present appellant, seeking a decree for declaration of right, title, interest, confirmation of possession and delivery of khas possession in respect of the suit land. (4) According to the plaintiffs, a plot of la...
Biswajit Das and Another Vs. Central Bureau of Investigation
Court: Guwahati
Decided on: Sep-27-2013
Judgment and Order: 1. This is an appeal against the judgment and order, dated 31-07-2009, passed, in Special Case No. 37 of 2005, by the learned Special Judge, Central Bureau of Investigation, Assam, Guwahati, convicting the two accused-appellants, under Sections 120(B), 468, 471, 465, 420, and, additionally, convicting the accused-appellant, Biswajit Das, under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, the PC Act), and sentencing each one of the two accused-appellants to (i) undergo, for their conviction under Section 120(B) IPC, rigorous imprisonment for two years with fine of Rs. 10,000/-, and, in default of payment of fine, suffer further rigorous imprisonment for six months, (ii) undergo, for their conviction under Section 468, read with Section 120(B) IPC, rigorous imprisonment for two years with fine of Rs. 10,000/-, and, in default of payment of fine, suffer further rigorous imprisonment for six months, (iii) undergo, for the...
Md. SamsuddIn Mia and Others Vs. Md. SirajuddIn Ahmed and Others
Court: Guwahati
Decided on: Sep-25-2013
Judgment and Order, (Oral) 1. This appeal by the defendants is directed against the judgment and decree dated 16.12.1999 passed by the learned Civil Judge (Sr. Division), Nalbari, in Title Appeal No.16/1999, dismissing the appeal preferred by the defendants by affirming the judgment and decree dated 20.08.1998 passed by the learned Civil Judge (Jr. Division) No.2, Nalbari, in Title Suit No.27/1990, by which the suit of the plaintiffs has been decreed. 2. The predecessor-in-interest of the present respondents along with the present respondents instituted Title Suit No.27/1990, against the present appellants as main defendants, praying for declaration of their right, title and interest over the suit land measuring 4 bighas, more fully described in the schedule to the plaint, and also for recovery of khas possession by evicting the defendants therefrom, contending inter alia that the land measuring 8 bighas was purchased by the father of the plaintiff Nos.2 to 4 and the proforma defendant...
The State of Assam, Represented by the Commissioner and Secretary to t ...
Court: Guwahati
Decided on: Sep-24-2013
A.K. Goel, CJ. 1. This order will dispose of Writ Appeal No.291 and 293 of 2013 as both the appeals have been preferred by the State of Assam against common order of learned Single Judge and raise identical question of competence of the State to require owning of immoveable property as a condition to prove permanent residence in the State. The requirement of permanent residence in the State has been laid down under Rule 3(2)(b) of the Medical Colleges of Assam, Regional Dental College, Guwahati and Government Ayurvedic College, Guwahati (Regulation of Admission of Under-Graduate Students) Rules, 2007 (the Rules). 2. In Writ Appeal No.291 of 2013, the respondent-writ petitioner Sitalakshmi Srinivasan challenged the decision of the Selection Board constituted under the Rules rejecting her application for admission to the MBBS course and order dated 26.07.2013 passed by the Joint Secretary to the Government of Assam, Health and Family Welfare Department rejecting her appeal against the sa...
Chairman and Managing Director, Pawan Hans Helicopter Ltd. and Others ...
Court: Guwahati
Decided on: Sep-20-2013
Judgment and Order, (Oral) 1. Heard Mr. S. Shyam, learned counsel for the review petitioners and Mr. N. Deka, learned counsel for the opposite party/writ petitioner. 2. This petition seeks review of final order dated 03.05.2013 passed by this Court in WP(C) No. 191/2013. 3. Writ petition was filed by the opposite party challenging his discharge from service on probation by the Pawan Hans Helicopter Ltd. (Pawan Hans). 4. Case projected in the writ petition was that opposite party was appointed as Helicopter pilot by Pawan Hans on probation by order dated 01.12.2010 where-after he joined on 01.02.2011. As per the appointment order, it was stated that opposite party would be on probation for a period of 1(one) year from the date of joining and during probation period, his service was liable to be terminated without any notice. Clause 5 of the appointment order, however, provided that Pawan Hans could terminate the service of the opposite party at any time by giving 2(two) months notice or...
Mrs. Jeleka Bhanu Vs. the State of Assam, Represented by the Commissio ...
Court: Guwahati
Decided on: Sep-17-2013
Judgment and Order, (Oral) 1. Heard Mr. SK Das, learned counsel for the petitioner. Also heard Mr. R Islam, learned counsel appearing for respondent No. 6 and Mr. BK Sharma, learned Standing counsel, Social Welfare Department. 2. In response to an advertisement dated 12.03.2007 issued by the Child Development Project Officer, in short, CDPO, Chenga ICDS Project, inviting applications for appointment as Anganwadi Workers (AWW) and Anganwadi Helpers (AWH) in respect of the Anganwadi Centres (AWC) mentioned in the advertisement, the petitioner submitted her candidature for the post of AWW in respect of Changbandha Bahir Char AWC. 3. The present writ petitioner was selected and appointed as AWW for Changbandha Bahir Char AWC. 4. There is a requirement in the advertisement that the candidate must be a resident of the centre area for which the application is submitted. Three writ petitioners, namely, Smti. Runa Ahmed, Majida Khatun and Monowara Khatun filed a writ petition before this Court,...
Swapan Kr. Biswas Vs. the State of Assam, Represented by the Commissio ...
Court: Guwahati
Decided on: Sep-16-2013
Judgment and Order, (Cav) 1. By this writ petition under Article 226 of the Constitution of India, the petitioner prays for a direction to grant him the benefit of graduate scale of pay from the date of provincialisation of the school on 01.10.1977. 2. Three days before the writ petitioner retired from service on superannuation on 23.05.2009, the writ petition was filed on 20.05.2009. 3. The case of the petitioner, in a nutshell, as projected in the writ petition is that after acquiring his graduate degree in 1971, he joined service on 18.06.1976 and at the time of his retirement, he was working as Graduate Assistant Teacher in the Netaji Subhas Vidyaniketan H.S. School. 4. By an order dated 18.08.1993, he was granted graduate scale of pay w.e.f. 08.04.1993, although he ought to have been granted such scale of pay from 01.10.1977 i.e., the date of provincialisation of the School. 5. I have heard Ms. K Akhtar, learned counsel for the petitioner and Ms. P Bhattacharjee, learned Standing ...
Pankaj Borah and Others Vs. State of Assam
Court: Guwahati
Decided on: Sep-10-2013
Judgment and Order, (Cav): 1) This is an application under Section 482 of CrPC read with Sections 401 and 397 of CrPC praying for quashing of the charge framed under Section 436 IPC against the present petitioners. 2) There was an FIR filed by the Secretary of the Kachamari Gaon Panchayat on 28/09/2010, before the Office-in-Charge of Haibargaon Town Out-Post alleging that some persons created unruly situation and ransacked the articles of the office of the Gaon Panchayat and set it on fire claiming that list of beneficiaries prepared under the Chief Ministers Anna Suraksha Achani, was defective. The Superintendent of Police, Nagaon, himself had to go to the spot to bring the situation under control. Accordingly, necessary action by way of investigation in the matter was prayed for. 3) On the basis of the said FIR vide Haibargaon TOP GD Entry No. 1137 dated 28/09/2010, Nagaon PS case No. 1653/2010 under Sections 143/448/354/427/436 IPC was registered and police started investigation. Su...
Smt. Padma Rani Mudai Hazarika Vs. Union of India and Others
Court: Guwahati
Decided on: Sep-10-2013
Judgment and Order, (Cav): I.A. Ansari, J. With the help of this writ petition, made, under Article 226 of the Constitution of India, the petitioner has put to challenge the order, dated 18.12.2009, passed, in Original Application (in short, OA) No.239/2008, by the learned Central Administrative Tribunal (in short, the Tribunal), Guwahati Bench, dismissing the OA and refusing thereby to interfere with the order, dated 01.10.2008, whereby the respondents herein had refused to grant to the writ petitioner temporary status in terms of the Casual labourers (Grant of Temporary status and Regularisation) Scheme of Government of India, 1993 (hereinafter referred to as the 1993 Scheme). 2. We have heard Mr. B. C. Das, learned Senior counsel, appearing for the writ-petitioner, and Ms. D. Sinha, learned Central Government counsel, appearing for the respondents. 3. The material facts, giving rise to the present writ petition, may, in brief, be set out, as under: (i) The petitioner herein was appo...
Sheikh Noor Alam Vs. the Guwahati Metropolitan Development Authority a ...
Court: Guwahati
Decided on: Sep-10-2013
Judgment and Order, (Cav): I. Shah, J. 1. With the help of this writ petition, made under Article 226 of the Constitution of India, the petitioner has put to challenge the orders, dated 23.03.2004 and dated 08.01.2006, issued by Chief Executive Officer, Guwahati Metropolitan Development Authority (hereinafter referred to as GMDA), Bhangagarh, Guwahati, whereby the permission, accorded to the petitioner for construction of building, stands revoked and the petitioner has been directed to demolish the unauthorized construction. 2. The petitioner, in this writ petition, has averred that he is the owner and possesor of a plot of a land measuring 2 kathas 2 lechas, out of the total land measuring 4 kathas, covered by Dag Nos. 2962 and 2963 of K.P. Patta No. 773, situated at Sahar Sarania, Part-II, of Ulubari Mouza and, as the owner and possessor of the said plot of land, he (petitioner) applied, on 09.08.2001, to the GMDA seeking permission to erect an RCC building for commercial purpose. It...
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