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Guwahati Court February 2014 Judgments

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Feb 05 2014

Moriomun Nessa and Others Vs. State of Assam

Court: Guwahati

Decided on: Feb-05-2014

Sreedhar Rao, J. 1. The material-facts of the prosecution case disclose that one Jalal Uddin alias Abdul Baki is deceased. Accused 1 is his wife, and accused 2 and 3 are his sons-in-law. 2. PW-2 - Abdul Bari - is brother of the deceased, and complainant. On the morning of 18.6.2006 he found his brothers dead body in the house. The FIR has been lodged on 21.6.2006 at around 8:30 PM. In the FIR, it is stated that his brother was found dead in the house and on a secret inquiry he came to know that his brother was said to have been killed by accused 1 and 2. 3. In course of the investigation it is revealed that the accused 3 had also participated in the commission of the murder. The deceased was killed by strangulation with a muffler. The death is said to be homicidal as per the post-mortem report. The investigation further discloses that investigating officer in course of the investigation finds that the accused 1, 2 and 3 had caused the murder. All the accused were charged with for commi...


Feb 05 2014

Syed Mahmud Ali Vs. The Pollution Control Board and Others

Court: Guwahati

Decided on: Feb-05-2014

Oral: 1. Heard Mr. M. Bhuyan, learned counsel for the petitioner as well as Mr. P.J. Phukan, learned Standing Counsel for Pollution Control Board, Assam. 2. By filing this application under Article 226 of the Constitution of India, the petitioner, namely, Syed Mahmud Ali, has challenged the office order dated 22.07.2013 imposing penalty of withholding 2 (two) Annual increments and debarring him from promotion for 3 (three) years under Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964. The petitioner is an Assistant Engineer in the Regional Office of the Pollution Control Board, Assam, at Nagan. On 05.12.2012 the Regional Executive Engineer being the in-charge of the aforesaid regional office received an application from one Dilmonjoy Bathori of M/s D. and J. Enterprise, Dima Hasao, for obtaining consent to establish an industry. According to the petitioner, upon receipt of the application dated 05.12.2012 the Regional Executive Engineer forwarded the application to him o...


Feb 03 2014

Petitioner Vs. Respondent

Court: Guwahati

Decided on: Feb-03-2014

A.M. Sapre, CJ. 1. This is an intra-court appeal filed by the writ petitioner of WP(C) 2882/2005 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 2.8.2013 passed by the Single Judge in the abovementioned writ petition. By impugned order, the learned Single judge dismissed the appellants writ petition and accordingly declined to grant any relief to the petitioner claimed in the writ petition. So the question which arises for consideration in this appeal is whether the learned Single Judge (writ court) was justified in dismissing the appellants writ petition? The appellant a Private Limited Company is engaged in manufacturing steel items. They have obtained one electric connection for consumption of electricity supply from the Assam State Electricity Board - the respondent herein. On 24.12.2000, the sleuths of the Board visited the petitioners factory premises and inspected the meter. It was noticed that meter was interfered from inside and its seal...


Feb 03 2014

Kapahi Saloi, Kamrup (Rural), Assam Vs. The State of Assam, Through th ...

Court: Guwahati

Decided on: Feb-03-2014

(CAV), J. 1. By this application under Article 226 of the Constitution of India, the petitioner, the widow mother of one Sita Ram Saloi, Constable in Assam Special Reserve Force (hereinafter referred as ASRF) has claimed benefit of family pension under Rule 143 of the Assam Pension (Services) Rules, 1969. The question to be answered in this writ petition is whether mother of a deceased employee can claim family pension under Assam Pension (Services) Rules, 1969. 2. Petitioners son Sita Ram Saloi was appointed as Constable in the ASRF, 1st Battalion and he joined on 20.12.1984. He died on 19.04.1990 while in service after suffering due to various ailments. On his death his father (now deceased) Anandi Saloi claimed payment of death cum retirement benefit but while his claim remained pending, he died. Therefore, the present petitioner on the basis of same legal heir certificate dated 15.05.1990 issued by the Sub Divisional Officer, Rangia made a claim for family pension. The Commandant o...


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