Guwahati Court March 2014 Judgments
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Union of India, Represented by the Secretary to the Government of Indi ...
Court: Guwahati
Decided on: Mar-31-2014
A.M. Sapre, C.J. This is a writ petition filed by Union of India (Ministry of Water Resources) under Article 226 of the Constitution of India against the order dated 31.01.2014 passed by Central Administrative Tribunal (for short called The Tribunal) in O.A. No. 387 of 2013. By the impugned order, the Tribunal allowed the O.A. filed by the respondent herein and quashed the transfer order of respondent from Silchar to Guwahati. So the short question, which arises for consideration in this writ petition is whether the Tribunal was justified in allowing the O.A. filed by respondent and in consequence was justified in setting aside his transfer order dated 2.12.2013 passed by the petitioner by which he was transferred to Guwahati from Silchar? The respondent is working as Assistant Executive Engineer in Brahmaputra Board, a statutory authority of Central Government and is posted at Silchar (Barak Valley Division). By the transfer order dated 02.12.2013 issued by the petitioners, he was tra...
Dipti Choudhury, Assam Vs. Sangeeta Mandal @ Sangita Das
Court: Guwahati
Decided on: Mar-28-2014
1. By this application under Section 482 of the Criminal Procedure Code,1973 (for short, Cr.P.C.) the petitioner has challenged the and order dated 19.12.2012 passed by the learned Sessions Judge, Tinsukia in Criminal Revision No.37(3) of 2012 affirming the order dated 30.8.2012 passed by the learned Judicial Magistrate, 1st Class, Tinsukia, in N.I.Case No.2071C/2006. 2. The brief facts, relevant for the purpose of disposal of this revision, are that the respondent as the complainant instituted N.I.Case No.2071C/06 under section 138 of the Negotiable Instrument, Act,1881, for short, Act, before the learned Chief Judicial Magistrate, Tinsukia in respect of dishonour of a cheque dated 18.9.2006 for an amount of Rs.50,000/- issued in favour of the complainant and on being presented on that day itself, the cheque was returned with a memo containing the endorsement, insufficient fund in the account of the accused person. A notice of demand was issued under section 138 of the Act and even af...
M/s. Matrix Associates A Proprietorship Firm having its Office, Guwaha ...
Court: Guwahati
Decided on: Mar-27-2014
A.M. Sapre, CJ. This is an intra-court appeal filed by the writ petitioner of WP(C) No.5486/2014 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 26.02.2014 passed by the Single Judge in abovementioned writ petition. By impugned order, the learned Single Judge dismissed the appellants writ petition and declined to grant them the relief claimed therein. So the short question, which arises for consideration, in this writ appeal, is whether learned Single Judge was justified in dismissing the appellants writ petition. Facts of the case lie in a narrow compass. They, however, need mention in brief: The respondent - Char Areas Development Department a State Government Agency, invited one NIT (published in The Assam Tribune on 6.8.2013) for supply of certain items to the State which interalia included two items namely (1) hand-spray (16 liters capacity and (2) hand tube wells. The appellant (writ petitioner) is engaged in the business of sale of the sa...
Gautom Brahma and Others Vs. The State of Assam represented by the Com ...
Court: Guwahati
Decided on: Mar-27-2014
A.M. Sapre, CJ. This is an intra-court appeal filed by the writ petitioners of WP(C) No.4129/2013 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 26.07.2013 passed by the Single Judge in abovementioned writ petition. By the impugned order, the learned Single Judge dismissed the writ petition filed by the writ petitioners. So the short question, which arises for consideration in this intra court appeal, is whether learned single judge was justified in dismissing the writ petition. The appellants are working as Constables in 7th Assam Police Battalion. They were posted at Kokrajhar. They were transferred to different places by the transfer order dated 16.5.2013 issued by Additional Director General of Police (TAP). They were not satisfied with their transfer order and hence feeling aggrieved by their transfer order filed the aforesaid writ petition under Article 226 of Constitution, out of which, this writ appeal arises. The appellants impugned the ...
M/s. Parle Biscuits Ltd. and Another Vs. The State of Assam Represente ...
Court: Guwahati
Decided on: Mar-26-2014
A.M. Sapre, CJ. The decision rendered in this writ petition shall also govern the disposal of the connected writ petition being W.P(C) No 253 of 2004 because firstly: both the writ petitions are filed by the same writ petitioners against the same set of respondents (Sales Tax authorities of the State) and secondly: both involves identical issues and arise out of one impugned order of the Board. By filing this writ petition under Article 226/227 of the Constitution of India, the writ petitioners seek to challenge the order dated 24.7.2003 passed by the Assam Board of Revenue (for short hereinafter called the Board ) in case no 15 STA and 16 STA of 2001 which in turn arise out of the order dated 14.7.2000 passed by the Commissioner of Sales Tax arising out of two assessment order dated 11.8.1999 passed by the Assessing Authority for the assessment year 96-97/97-98. In order to appreciate the issue involved in the case, few relevant facts need mention in brief. The petitioner is a leading...
Rezia Khatun, Assam Vs. The Union of India, Represented by the Ministr ...
Court: Guwahati
Decided on: Mar-26-2014
1. The petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal, Goalpara, Assam, vide order dated 05.10.2013 in F.T Case No. 2941/G/10 (ERO Case No. 242 53/38) (State of Assam Vs. Rezia Khatun), has filed the instant writ petition challenging the said order. 2. As has been claimed in the writ petition, the petitioner aged 36 years is a Citizen of India by birth. She has placed reliance on the voter lists of 1966, 1970, 1975, 1989, 1985 and 1997, purportedly containing the name of her grandparents and uncle. According to the petitioner, her father died in an accident in the year 1974, and as such, his name did not appear in any voter list after 1970. She was brought up by her uncle Ajgor Ali. Her mother remarried with one Abdul Aziz and her name appeared in the voter list of 1979 and 1985. 3. According to the petitioner, she got married with one Sahjahan Ali in the year 1988 and their names appeared in the voter list of 1993 and 1997....
Ufa Ali @ Ufar Ali, Assam Vs. The Union of India, Represented by the M ...
Court: Guwahati
Decided on: Mar-26-2014
1. The petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal (1st), Morigaon, Assam, vide order dated 25.06.2013 in FT(C) Case No. 96/2008 (Ref. IM(D)T Case No. 264/2001) (State of Assam Vs. Md. Ufa Ali), has filed the instant writ petition challenging the said order. 2. As has been claimed in the writ petition, the petitioner aged about 50 years is a Citizen of India by birth. He has referred to the voter list of 1966 and 1970 stating that his parents names Samat Ali @ Sahamat and Rupban Nessa appeared therein. According to the petitioner his name also appeared in the voter list of 1989 and 1997. As regards the 1989 and 1997 voter list the petitioner has stated that he was shown 26 years and 50 years respectively in the said two voter lists. It has further been stated that his fathers name was wrongly recorded as Samat instead of Samat Ali in the voter list of 1989. As regards recording of his age as 50 years in the 1997 voter lis...
Rahim Ali @ Rahim, Assam Vs. The Union of India, Represented by the Se ...
Court: Guwahati
Decided on: Mar-25-2014
(CAV), J. 1. The petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal III, Barpeta, Assam, vide order dated 22/01/2013 in FT Case No. 69 (III)/2012 (Ref. IMDT Case No. 724(A)/98 (State of Assam Vs. Rahim Ali), has filed the instant writ petition challenging the said order. 2. As has been claimed in the writ petition, the petitioner, son of Husen Ali @ Husen Nessa @ Husen @ Hussain Ali, is a citizen of India, by birth. Referring to the voter list of 1965, 1970, 1985 and 1997, it is the case of the petitioner that his fathers name along with his mother appeared in the voter lists of 1965, 1970, 1985 and 1997. The petitioner has also referred to the Special Family Identify Card stated to be in the name of his father. He has also referred to the copy of the Jamabandi in respect of the particular land purportedly recording the name of his father vide order dated 22/01/1991. 3. According to the petitioner, he is the grandson of Tamuj Al...
Swapan Ranbangshi, Hailakandi Vs. The State of Assam
Court: Guwahati
Decided on: Mar-25-2014
Katakey, J. 1. This appeal, by the convict, is directed against the judgment of conviction dated 28.01.2011 passed by the learned Sessions Judge, Hailakandi, in Sessions Case No.76/2009, convicting the appellant under Section 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for further period of 6(six) months. 2. A criminal investigation was set in motion based on the first information report submitted by Pradip Kumar Bania (PW-1) with the Officer-in-Charge of Algapur Police Station on 04.03.2009 alleging that on the previous night i.e. on 03.03.2009 at about 9 P.M. the appellant came to their house and took away his younger brother Sri Bijay Sankar Bania (deceased), who did not return home at night and whose dead body was subsequently found on the morning of 04.03.2009 in Section No.9 of the Nursery of Barnibridge Tea Estate. On receipt of the said FIR, Algapur Police Station Case No.24/2009...
Bakes Ali @ Bahej Uddin, Assam Vs. The Union of India, Represented thr ...
Court: Guwahati
Decided on: Mar-25-2014
1. The petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal III, Barpeta, Assam, vide order dated 07/10/2013 in FT Case No. 120 (III)/2012 (Ref. IMDT Case No. 858(A)/98 (State of Assam Vs. Bakes Ali), has filed the instant writ petition challenging the said order. 2. As has been claimed in the writ petition, the petitioner aged 62 years is a citizen of India by birth. Referring to the voter lists of 1966 and 1970, it is the case of the petitioner that his parents names, namely, Juran Ali and Sukurjan Nessa, appeared in the said two voter lists pertaining to No. 54 Chenga Assembly Constituency. The petitioner has also referred to the voter list of 1989, 1997 and 2010 stating that his name also appeared in the said voter lists as Bahej Uddin and Md. Bakesh Ali respectively. According to the petitioner, Bahej Uddin and Md. Bakesh Ali is one and the same person i.e. the petitioner. The petitioner has also referred to the certificate d...
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