Guwahati Court January 2014 Judgments
Md. Fazar Ali Vs. The Union of India, Represented by the Ministry of H ...
Court: Guwahati
Decided on: Jan-31-2014
(Oral). 1. The appellant, who has been declared as foreigner coming to Assam from the specified territory post 25th March, 1971 by the Tribunal, has filed the present appeal challenging the order dated 28th June, 2013 passed by the learned single Judge in WP(C) No.3584/2013, whereby and whereunder the writ petition preferred challenging the ex-parte order dated 4th April, 2009 passed by the Foreigners Tribunal, Kamrup (R) in FT Case No.1830/2006 has been dismissed. 2. A notice under the provisions of the Foreigners Act was issued to the appellant by the Foreigners Tribunal asking him to show cause as to why he should not be declared as foreigner coming to Assam from erstwhile East Pakistan, i.e. the specified territory, between 1st January, 1966 to 25th March, 1971, fixing 19th April, 2008, as the date of appearance. Though the appellant initially appeared before the Tribunal on 19th April, 2008, he, however, has chosen not to contest the said proceeding, for which the learned Member, ...
Tag this Judgment!Balay Kr. Borah, Guwahati, Kamrup (Assam) Vs. The State of Assam Repre ...
Court: Guwahati
Decided on: Jan-31-2014
P.K. Saikia, J. 1. This proceeding has been initiated seeking following reliefs:- In the premises aforesaid it is respectfully prayed that your Lordships would graciously be pleased to admit this application. Call for the records. Issue a Rule calling upon the respondents to show cause as to why the Rule 3 of The Assam School Service (Government Secondary School) Rules, 2009 should not be declared as illegal and void ab initio and/or a writ in the nature of Certiorari should not be issued for setting aside and quashing the Rule-3 of the Assam School Service (Government Secondary School) Rules, 2009and the impugned part of the order dated 7.11.2000 making the post personal and-or a writ in the nature of Mandamus should not be issued to cancel rescind andforbear from giving effect to the impugned Rule-3 of The Assam School Service (Government Secondary School) Rules,2009 with a further direction to insert the service of the petitioner in the cadre and class as entitled to under the law a...
Tag this Judgment!The State of Assam, Represented by The Commissioner and Special Secy t ...
Court: Guwahati
Decided on: Jan-30-2014
(Oral). 1. Heard learned counsel for the parties. 2. The petitioner-respondents were holding diploma in engineering and working in the Public Works Department, Government of Assam, as Junior Engineers. The qualification prescribed for the promotional post of Assistant Engineer is degree in engineering. The respondents-petitioners have taken B. Tech degree in Civil Engineering from the Institute of Advanced Studies and Education, Gandhi Vidya Mandir, Sadar Sahar, Rajasthan, a deemed university for the purpose of UGC Act, 1946. The said institute provides facility of distant educational learning and awards degree in engineering. 3. The petitioner-respondents have obtained the degree in engineering by pursuing the course of distant education learning and they have been awarded degree certificate by the institute. The said degree is said to be recognised by the Director of Technical Education, Govt. of Assam, as well as Ministry of Human Resource Development, Govt. of India. 4. The Service...
Tag this Judgment!Mrs. Azida Begum Vs. Musmt. Reziaa Sultana
Court: Guwahati
Decided on: Jan-30-2014
(Oral). 1. This is an application under Section 482 Cr.P.C., whereby the order dated 20.05.2004 passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Sivasagar taking cognizance of Complaint Case No. 77C of 2004 under Section 406 read with Section 34 of Indian Penal Code, has been challenged. 2. Heard Mr. P.K. Bora, learned counsel for the petitioners. None appears for the respondent. 3. The respondent, herein, is a married wife of the petitioner. The marriage between the parties was solemnized on 24.04.2003. On 23.04.2004 she lodged a 3 complaint before the Chief Judicial Magistrate, Dibrugarh wherein, she alleged that she was subjected to torture and harassment on 27.03.2004 and 07.04.2004. The complaint was forwarded to the police by the learned CJM. The Officer In-charge of Dibrugarh P.S. registered a case under Section 498(A)/34 read with Dowry Prohibition Act. Vide order dated 05.05.2004, passed by learned Sessions Judge, Dibrugarh, the petitioner was allowed pre-arre...
Tag this Judgment!Md. Islam Uddain Laskar, Assam and Others Vs. State of Assam, Represen ...
Court: Guwahati
Decided on: Jan-30-2014
1. Heard Mr. N. Dhar, the learned Counsel appearing for the petitioner in all the 4 cases and the respondents are represented by Mr. U.K. Goswami, the learned Government Advocate, Education Department.3 2. Since common argument is advanced based on similar facts, this following order will cover all 4 cases. For the sake of convenience, the narrated facts are taken from the WP(C) 3475/2008 filed by Md. Islam Uddin Laskar. 3. The petitioner is a graduate and was appointed as teacher in Assamese in the Gonirgram Senior Madrassa through the order dated 31st May 1976 (Annexure-1) issued by the Secretary of the said Madrassa. Through the order dated 28.6.1986 (Annexure-2) the Deputy Director of Madrassa Education ordered confirmation of the petitioners service w.e.f. 1.4.1978. Although a graduate, the petitioner was serving as a teacher in the intermediate scale of pay and on the recommendation of the Secretary of his Senior Madrassa, the petitioner was upgraded to the vacant post of Graduat...
Tag this Judgment!Md. Abdul Motin, Assam Vs. The State of Assam, Represented by the Comm ...
Court: Guwahati
Decided on: Jan-30-2014
(Oral). 1. Heard Mr. AR Bhuiyan, the learned counsel representing the petitioner. The respondents are represented by Mr. N Sarma, the standing counsel for the Education Department. 2. The issue here is whether the service of the petitioner should have been provincialised as the Superintendent of the Hazrat Azan Peer Arabic College, Jorhat (hereinafter referred to as the HAP Arabic College), because he secured the required Mumtajul Muhaddisin (M.M.) degree only on 21.12.1995 (Annexure-E) whereas the services of the employees were provincialsed on 15.3.1996 at a stage when the petitioner was downgraded from the post of Superintendent as an under qualified incumbent, giving him two years time to qualify for the post by the Director of Secondary Education (DSE), Assam. 3. While the HAP Arabic College was still at the Khariji Madrassa stage, imparting education only for theological subjects, the petitioner joined the Khariji Madrassa on 2.3.1979. But after the Khariji Madrassa transformed i...
Tag this Judgment!Nalbari Urban Co-Operative Bank Limited, Choudhury Market, Assam Vs. T ...
Court: Guwahati
Decided on: Jan-30-2014
(Oral). 1. The Management of Nalbari Urban Co-operative Bank Limited has preferred this writ petition challenging the award dated 28th November, 2005 passed by the learned Presiding Officer, Labour Court, Assam in Reference Case No.5/2003, insofar as it relates to the grant of full back-wages to the respondent No.3/workman. 2. Based on the reference made under Section 10 of the Industrial Disputes Act, 1947 to the Labour Court to adjudicate as to whether the Management of Nalbari Urban Co-operative Bank Limited was justified in dismissing the workman, Shri Putul Dutta, from service and if not what relief the workman is entitled to in lieu of, Reference Case No.5/2003 was registered before the Labour Court at Guwahati. 3. The Management as well as the workman had filed their respective written statements in support of their respective cases. 4. While the Management in the written statement has pleaded that the respondent No.3/workman has been dismissed from service vide order dated 23rd...
Tag this Judgment!Joynal Abedin, Bongaingoan Vs. The State of Assam
Court: Guwahati
Decided on: Jan-29-2014
P.K. Saikia, J. 1. This appeal is directed against the judgment dated 16.06.2010 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 36 (A)/ 2005, convicting one Md. Joynal Abedin (herein after referred to as (the accused person) of offence u/s 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 2000/-, in default imprisonment for further period of 1 year. 2. Being aggrieved by and dissatisfied with the aforesaid judgment, the accused/appellant had preferred this appeal citing several infirmities in the judgment under challenge. 3. Heard Mr. R. Ali, learned counsel for the appellant/petitioner. Also heard Mr. D. Das, learned PP appearing for the State of Assam. 4. The brief facts necessary for disposal of the present appeal are that on 22.05.2003 at about 7:00 pm, one Amir Badsha was proceeding to Abhayapuri Bazaar on his bicycle. His co-villager, namely, accused Joynal Abedin on the instigation of the other persons, such as Abdul Jabbar, Ainu...
Tag this Judgment!State of Assam Vs. Joynal Abedin Moulabi and Others
Court: Guwahati
Decided on: Jan-29-2014
Sreedhar Rao, J. 1. The material-facts of the prosecution case disclose that on 11.9.1998 in the evening hours when one Asrafuddin and PW-3 and PW-4 were proceeding towards their village after attending court proceedings at a Nagaon Court and were near Dhing ~ a Nagaon district town ~ around nine persons forming themselves into an unlawful assembly, fired bullet at them from a pistol and Asrafuddin died as a result. The PW-3 and PW-4 were said to have informed the PW-2, the son of the deceased, who in turn informed the Dingh police about the incident. GD entry about the incident was made at around 7.05 PM on the same day, the contents of which are as follows: Dated 11.9.98 7.05 P.M. Witness as per message Now, Md. Muzibur Raham, Son of Asrafuddin resident of Simaluguri, Kachamari P.S. Dingh is present in the P.S. and informs orally that today at 6 P.M., his father Asrafuddin Tarani was shot at and killed by unknown person and the dead body has been thrown on the P.W.D. road at Talibor ...
Tag this Judgment!The Oriental Insurance Company Limited, Guwahati Vs. Abdul Razek and O ...
Court: Guwahati
Decided on: Jan-28-2014
(Oral). 1. These appeals, by the Insurance Company, are directed against the common award dated 7th October, 2002 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC Case No.272/1998 and MAC Case No.273/1998, awarding an amount of Rs.78,000/- and Rs.90,000/-, respectively, as compensation, inclusive of no fault award, with interest @ 9% per annum from the date of filing the claim petitions till the date of payment, for the injuries sustained by the claimants/respondents in a motor accident occurred on 20th April, 1998 at about 5:00 PM involving the motor vehicle bearing registration No.AMZ-1169 (Truck), in which the claimants were travelling as gratuitous passenger. 2. The respondents/claimants filed the applications seeking compensation under the provisions of the Motor Vehicles Act, 1988 (in short, the Act) claiming compensation, which have been registered as MAC Case Nos.272/1998 and 273/1998, contending inter alia that while they were travelling ...
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