Guwahati Court February 2014 Judgments
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Samudra Baishya, Guwahati Vs. The State of Assam Represented by the Ch ...
Court: Guwahati
Decided on: Feb-20-2014
(Oral). 1. Heard Mr. N. Deka, learned counsel for the petitioner. Also heard Mr. S. U. Ahmed, learned State Counsel. None has appeared for the respondent No. 4. 2. The petitioner is aggrieved by the report dated 11/11/20103 submitted by the Additional Deputy Commissioner, Kamrup (M), Guwahati, by which it has been recorded that the petitioner could not establish that he belongs to the recognized sub-caste of Schedule Caste Community. As per the said report he belongs to Sonari Sub-caste which is not a recognized sub-caste of Schedule Caste. 3. There is no dispute that as per the Anexure-1 certificate dated 05/11/1976, the petitioner belongs to Bania community, which is recognized as Schedule Caste under SC/ST (Amended List) Order, 1956. When the Annexure-1 certificate recognizing the petitioner as belonging to SC community was holding the field and he got employment as SC category candidate, the respondent No.4 filed a writ petition being CR No. 5291/1997 challenging the SC status of t...
Sumitra Devi Vs. Life Insurance Corporation of India and Others
Court: Guwahati
Decided on: Feb-19-2014
A.M. Sapre, CJ. Heard Mr. B. Sharma, learned counsel for the appellant. This is an intra-court appeal filed by the writ petitioner of Writ Petition (C) No.659 of 2013 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 4.12.2013 passed by the learned Single Judge in abovementioned writ petition. By impugned order, the learned Single Judge dismissed the appellants writ petition and declined to grant him the relief claimed in the writ petition. So the short question which arises for consideration in this writ appeal is whether learned Single judge was justified in dismissing appellants writ petition? Facts of the case are short. The appellants husband had taken one LIC policy to secure his life. He (husband) paid two yearly instalments of premium in time. The date for payment of third yearly premium instalment was upto 5.3.2011. He, however, did not pay the third instalment of his yearly premium till 5.3.2011. The term in the policy, however, enabled hi...
Sigma Soya Industries Pvt. Limited, Guwahati and Another
Court: Guwahati
Decided on: Feb-19-2014
1. Heard Mr. R K Agarwalla, learned counsel for the applicants. 2. A separate meeting of the holders of Equity shares in SIGMA SPICE INDUSTRIES PRIVATE LTD., the Transferee Company shall be convened and held at Satyanarayan More Market, T.R. Phookan Road, Fancy Bazaar Guwahati-781001 on 5.4.2014 at 4.00 PM for the purpose of considering, and if thought fit, approving with or without modification, a scheme of Amalgamation between the applicant companies and their respective members for the purpose of Amalgamation of SIGMA SOYA INDUSTIES PRIVATE LTD. (hereinafter referred to as the Transferor Company) with the Transferee Company. The said scheme is referred to as the Scheme of Amalgamation. 3. A separate meeting of the holders of Equity shares in SIGMA SOYA INDUSTIES PRIVATE LTD., the Transferor Company shall be convened and held at its Satyanarayan More Market, T.R. Phookan Road, Fancy Bazaar Guwahati-781001 on 5.4.2014 at 5.00 PM for the purpose of considering, 2 and if thought fit, ap...
Ajoy Sarkar, Assam Vs. The State of Assam to be Represented by the Com ...
Court: Guwahati
Decided on: Feb-18-2014
(Oral). 1. Heard Mr. D. Mazumdar along with Mr. H.I. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Chakraborty, learned counsel representing the respondent No.4. I have also heard Mrs. K.K. Choudhury, learned State Counsel. 2. This writ petition is directed against the order dated 07/01/2014 passed by the learned District Judge, Karimganj acting as the Election Tribunal in Misc. (Election) Case No. 61/2013, by which allowing the prayer of the respondent No.4 who has filed the said election petition, direction has been issued to the District Magistrate, Karimganj to send all the ballot boxes of the concerned Gaon Panchayat for recounting. In the instant case, we are concerned with the election pertaining to the post of President of 93, Bagbari Gaon Panchayat in the district of Karimganj. According to the election results, while the petitioner secured 957 votes, the respondent No.4 secured 944 votes. Thus, there is difference of only 13 votes. It is the case of the res...
Rakesh Phukan, Assam Vs. Mrs. Juri Boruah, Jorhat (Assam)
Court: Guwahati
Decided on: Feb-18-2014
(CAV), P.K. Saikia, J. 1. This appeal is directed against the judgment and order dated 03.05.2012, passed by District Judge, Jorhat in (Marriage) Title Suit No. 21/2011, dismissing the suit on holding that the husband/petitioner is not entitled to a decree for restitution of his conjugal rights. 2. Heard Mr. P. Bhattacharya, learned counsel for the appellant. Also heard Ms. P.P Baruah, learned counsel appearing for the respondent. 3. The facts which are necessary for disposal of the present appeal are that the petitioner Sri. Rakesh Phukan married Smti. Juri Baruah according to the rites of Hindu religion on 22.01.2006. However, the marriage ran into rough weather soon after its solemnization inasmuch as the wife/respondent started humiliating the petitioner on slightest pretext which caused enormous physical discomfort and mental agony to the petitioner. 4. After troubling him for several months, on 11.05.2006, the wife/respondent left her matrimonial house without there being any rhy...
Prahlad Chandra Nath Vs. The Indian Oil Corporation Ltd and Others
Court: Guwahati
Decided on: Feb-18-2014
1. Heard Mr. AK Bora, the learned counsel appearing for the petitioner. The respondent nos.1 and 2 are represented by Mr. SN Sarma, the learned Sr. Counsel. The Government Advocate Mr. DJ Dutta appears for the Deputy Commissioner, Kamrup (Respondent No.3). 2. The Indian Oil Corporation Limited (AOD) (hereinafter referred to as the IOC) established an LPG Bottling Plant at North Guwahati on land acquired through the Collector in the year 1994. Claiming to belong to a land losers family, the present case is filed for considering petitioners appointment as a Shramik in the Bottling Plant. The petitioner refers to the written understanding of the IOC officials with the Land Losers Association to project that as an affected land owner, he has a preferential right of appointment in the LPG Bottling Plant. 3. Mr. AK Bora, the learned counsel submits that when the petitioners family land was acquired for the LPG Plant, minimal acquisition compensation was received by the land owner and accordi...
Ratan Garh Vs. State of Assam
Court: Guwahati
Decided on: Feb-18-2014
Sreedhar Rao, J. 1. Heard Mr. S. Agarwal, learned amicus curiae, and Ms. S. Jahan, learned Addl. Public Prosecutor, Assam. 2. One Bharat Karmakar is the deceased. There were differences between the family of the deceased and the accused. The accused suspected that the deceased was playing witchcraft on him and his family. Therefore, on 07.10.2008, at about 5 pm, the accused caused the death of Bharat Karmakar with a machete and, thereafter, voluntarily surrendered before the police on the next day, i.e., on 08.10.2008. The son of the deceased lodged the FIR on 08.10.2008 before the police. The GD Entry is also made on 08.10.2008. 3. The accused led the police and the bunches to an inaccessible place in a ditch where the dead body was traced. The dead body was subjected to postmortem. The autopsy report disclosed that death is homicidal and the death is on account of fracture of the skull bone. The bloodstained clothing of the accused and also the weapon were seized and sent to Forensic...
Oil and Natural Gas Corporation Ltd. Represented by the Chairman Cum M ...
Court: Guwahati
Decided on: Feb-18-2014
P.K. Saikia, J. 1. This appeal is directed against the judgment and order dated 29.08.2012, passed by learned single Judge in WP(C) No. 5740/2011, whereby it was held that no adjustment of excess payment can be made from the salary of the petitioner in W.P.(C) No. 5470/2011 (sole respondents in the present appeal), consequently directing the respondents therein (who is the appellant herein) to pay admissible salary to the petitioner in W.P.(C) No. 5470/2011 for the period from October, 2010 to March, 2011. 2. Heard Mr. GN Sahewalla, learned Sr. counsel for the appellants. Also heard Ms. D. Borgohain, learned counsel appearing for the respondent. 3. The brief facts necessary for disposal of the present proceeding as they emerge from the petition in writ proceeding in W.P.(C) No. 5470/2011 are that the petitioner in W.P.(C) No. 5470/2011 is an Inspector (AB) Assam Police. Consequent upon advertisement dated 09.06.2008, inviting offers from the qualified police personnel for induction as ...
Bhuban Chandra Baruah, Assistant General Manager, Guwahati Vs. The Foo ...
Court: Guwahati
Decided on: Feb-18-2014
(Oral). 1. Heard Ms. B Goyal, learned counsel appearing for the petitioner. The respondents are represented by Mr. PK Roy, the standing counsel for the Food Corporation of India (FCI).2 2. While serving as the Assistant General Manager (Accounts), Food Corporation of India (NE), Guwahati, the petitioner was made to retire from service on 31.12.2006 and his grievance is that he was superannuated prematurely on the basis of wrong date of birth. In the High School Leaving Certificate (HSLC) dated 21.9.1964 (Annexure-I) and the admit card issued by the Board of Secondary Education, Assam (in short SEBA), the petitioner is shown to have passed his 1964 HSLC examination at the age of 15 years 3 months and accordingly he claims that his birth date is 1.12.1948. But in the petitioners service book, his date of birth was recorded as 1.1.1948 and correctness of the recorded birth date in the petitioners service book is questioned in this proceeding. 3. The petitioner joined service with the FCI ...
Gambang Basumatary Vs. State of Assam
Court: Guwahati
Decided on: Feb-18-2014
Sreedhar Rao,J. 1. The material-facts of the prosecution case disclose that one Gunjet alias Genjur Basumatary is deceased. He was domestic help in the house of one Moniram Basumatary. Deceased was found missing from 27.1.2008. Employer had lodged a missing complaint with the police on 29.1.2008. Dead body was traced on 29.1.2008 near the Aie river. The death was caused by drowning. Police registered a case and sent the dead body for post-mortem. The post-mortem report discloses that the death is on account of drowning. Father of the deceased had lodged a complaint with the police about the death. 2. It appears that the accused persons have been apprehended and presented before members of the All Bodo Students Union(ABSU), to whom they made extra-judicial confession in causing the death and later they have been handed over to the police for further action. After the investigation, police filed charge-sheet against the accused persons under section 302 of the IPC. 3. The trial court on ...
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