Guwahati Court April 2014 Judgments
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Harendra Ojha and Another Vs. Suresh Choudhury, Tinsukia and Others
Court: Guwahati
Decided on: Apr-11-2014
(CAV), J. 1. The order, dated 11.02.2013, passed by the learned Munsiff, Margherita in Title Suit No. 17/2007 is in challenged in Civil Revision Petition No. 150/2013 aforesaid and the order, dated 11.02.2013, passed by the learned Munsiff, Margherita in Misc (J) Case No. 12/2010 (in TS No. 16/2007) is in challenged in Civil Revision Petition No. 159/2013. 2. By both the impugned orders aforesaid, the learned Munsiff refused to accept the counter claims filed by the respective defendants (present petitioners), in the said title suits. 3. I have heard Mr. G.N. Sahewalla, learned senior counsel, assisted by Md. Aslam, learned counsel, appearing for the petitioners/ defendants in both the revision petiutions. Also heard Mr. G.P. Bhowmik, learned counsel, appearing for the respondents/ plaintiffs in both the cases. 4. By the impugned orders, aforesaid, the learned Munsiff, Margherita rejected the prayers, made by the petitioners for accepting their counter claims in T.S. No. 16/2007 (Misc....
S. Hovito Chophy Vs. The State of Nagaland represented by the Chief Se ...
Court: Guwahati
Decided on: Apr-10-2014
Oral: 1] The writ petitioner, who was initially appointed on ad-hoc basis as Overseer Grade-I along with respondents No. 5 to 20 and was subsequently regularized by regular process of selection undertaken by the Nagaland Public Service Commission, has approached this court challenging officiating promotions granted to respondents No. 5 to 20 on various dates during the period from 2002-2013 superseding the petitioner. 2] The petitioner is a Diploma Engineer in Civil Engineering. He was appointed as Overseer Grade-I on 16.07.1994 on ad-hoc basis. Subsequently pursuant to advertisement issued by the Nagaland Public Service Commission he appeared before the authority and thereupon he was selected. On the basis of such selection, the service of the petitioner was regularized vide Office Order dated 23.03.1996 along with 175 others. His regularization was made with effect from his initial date of joining as was done to other similarly situated candidates. The Overseer Grade-I staffs working...
H. Lalhrilmawia and Another Vs. State of Mizoram and Others
Court: Guwahati
Decided on: Apr-10-2014
Order: 1. Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Johny L. Tochhawng, learned counsel for the petitioners as well as Mr. Lalsawirema, learned Government Advocate for the respondent Nos. 1-3 and Mr. N. Sailo, learned senior counsel assisted by Mrs. Dinari T. Azyu, learned counsel for the respondent No. 4. 2. By this writ petition, the petitioners are challenging the legality and validity of the inter se seniority of Circle Audit Officers (CAEO) under the School Education Department issued by the order dated 13th April, 2012 and also the office orders dated 04/10/1999 and 12/11/2002 by which the petitioner Nos. 1 and 2 have been shown to have been absorbed in the vacant post of Circle Adult Education Officer (hereinafter referred to as CAEO) with retrospective effect from the date of their transfer and posting to the said post from the post of Supervisor. 3. The petitioner Nos. 1 and 2 along with others were appointed temporarily as Supervisor, Rural Functional L...
Debasish Biswas Vs. L K. Pait and Others
Court: Guwahati
Decided on: Apr-09-2014
Heard Mr. A.S. Bhattacharjee, learned counsel for the applicant and Mr. M. Islam, learned counsel for the respondents. This is an application made by the applicant for restoration of the Contempt Case (C) No.136 of 2013 which was dismissed for non-prosecution on 11.11.2013. I have gone through the cause stated in the application duly supported by an affidavit. In my opinion, it constitutes a bonafide and sufficient cause for the purpose of restoration of the contempt application. The restoration of the contempt application will advance cause of justice whereas converse defeat the cause of doing substantial justice. This is no deliberate non-appearance on the part of the applicant in attending the Court on 11.11.2013 and accordingly the contempt application deserves to be restored on the grounds stated in the application. Accordingly and in view of the aforesaid discussion, Misc. Case No85 of 2014 is allowed. Impugned order dated 11.11.2013 is recalled. Contempt Case (C) No.136 of 2013 ...
Debasish Biswas Vs. L K. Pait and Others
Court: Guwahati
Decided on: Apr-09-2014
Heard Mr. A.S. Bhattacharjee, learned counsel for the applicant and Mr. M. Islam, learned counsel for the respondents. This is an application made by the applicant for restoration of the Contempt Case (C) No.136 of 2013 which was dismissed for non-prosecution on 11.11.2013. I have gone through the cause stated in the application duly supported by an affidavit. In my opinion, it constitutes a bonafide and sufficient cause for the purpose of restoration of the contempt application. The restoration of the contempt application will advance cause of justice whereas converse defeat the cause of doing substantial justice. This is no deliberate non-appearance on the part of the applicant in attending the Court on 11.11.2013 and accordingly the contempt application deserves to be restored on the grounds stated in the application. Accordingly and in view of the aforesaid discussion, Misc. Case No85 of 2014 is allowed. Impugned order dated 11.11.2013 is recalled. Contempt Case (C) No.136 of 2013 ...
Simanta Deka Vs. Chitralee Phukan
Court: Guwahati
Decided on: Apr-09-2014
Heard Ms. B. Bhuyan, learned counsel assisted by Mr. P.K. Sarma, learned counsel for the petitioner. This is a petition filed by the husband under Section 24 of the Code of Civil Procedure praying for transfer of T.S.(M) No.17 of 2014and T.S. (M) No.22 of 2014 filed by the respondent-wife in the Court of District Judge, Sivasagar against him to Guwahati. I have perused the contents of the petition. No case is made out on facts to seek transfer of case filed by the respondent wife at Sivasagar to Guwahati. The petition thus fails and is accordingly dismissed in limini. Before parting with the case, I am inclined to observe that in a matrimonial dispute between the husband and wife, it is the duty of the Court, so also of the spouses to make sincere endeavour to patch up their mutual so called disputes and make attempt to start living together. This is more so when they are blessed with two children (one son and a daughter). It is only when they start living together, happiness will come...
Kanchi Sankara Health and Educational Foundation Vs. State of Assam
Court: Guwahati
Decided on: Apr-09-2014
1. Heard Mr. S.N. Sarma, the learned Senior Counsel appearing for the Petitioner. The Respondent No.3 is represented by the learned Sr. Advocate Mr. A. Dasgupta. The State-Respondents are represented by Ms.B. Dutta, the learned Govt. Advocate. The Kanchi Sankara Health and Educational Foundation (Sri Sankardeva Nethralaya) (hereinafter referred to as the Management) challenges the Award dated 1.3.2007 (Annexure-13 in the Reference Case No.2/2006 rendered by the learned Labour Court, Guwahati, whereby the termination of the Respondent No.3 with one months Notice was held to be illegal and consequential direction was issued to reinstate the Respondent as the Senior Consultant (Anesthesiologist) with 50% Back Wages. The Petitioner contended that the Sr. Anesthesiologist in the Sankardeva Nethralaya cannot be considered as Workman under the Industrial Dispute Act, 1947 (hereinafter referred to as the I.D. Act) and on that basis, the declaration made by the learned Labour Court is challenge...
Rita Nath Sarkar, Kokrajhar Vs. The Branch Manager, Assam and Another
Court: Guwahati
Decided on: Apr-07-2014
This civil revision is filed by defendant no 2 under Section 115 of the Code of Civil Procedure against the order dated 18.4.2006 passed by District Judge Kokrajhar in Misc. Appeal No. 6 of 2005 which in turn arise out of order dated 2.8.2005 passed by Civil Judge (Sr. Division) kokrajhar in Misc (J) Case no 22 of 2004 which arose out of M.S.No 8 of 1998 / 51 of 99 and Misc (J) Case no. 3 of 2004 decided by Civil Judge (Sr. Division) on 30.4.2002. Facts of the case lie in a narrow compass. They however need mention in brief infra:- The petitioner is the defendant no 2 whereas the respondent no 1 is the plaintiff and respondent no 2 is the defendant no 2. The respondent no. 1 a Nationalized Bank filed a civil suit being M.S. No. 8 of 1998/51 of 99 against the respondent no. 2 and petitioner as defendant no. 1 and 2 respectively for recovery of Rs. 1, 93,176 in the court of Civil Judge (Sr. division) Kokrajhar. It was the case of the respondent no. 1 that they advanced loan to the respo...
Md. Alam and Another Vs. Dr. Ambica Prasad, Guwahati
Court: Guwahati
Decided on: Apr-04-2014
(CAV), J. 1. This revision petition is directed against the appellate judgment passed by the learned Civil Judge No.3, Kamrup, Guwahati, in Title Appeal No. 97/2010 allowing the appeal and thereby decreeing the suit for eviction of the defendants. 2. Plaintiff Dr. Ambica Prasad filed Title Suit No. 484/2007 in the court of learned Munsiff No.4, Kamrup for eviction of the defendant Abdul Karim on the ground of default and bona-fide requirement. It is the case of the plaintiff that he was original owner of a plot of land measuring 1 Katha 6 Lechas covered by Dag No. 514 which he exchanged with his brother Ranjeet Prasad and thereupon he became owner of land measuring 2 Kathas 1 Lecha under same Dag and Patta. This exchange was affected on the basis of registered deeds bearing No. 4091 and 4092 executed on 23.04.1975. A market, known as Gauhati market, was situated on the R.C.C. construction standing on the said land and the said market was registered as Gauhati Municipal Holding No. 13 o...
Management of Cossipore Tea Estate Vs. Bagan Panchayat of Cossipore Te ...
Court: Guwahati
Decided on: Apr-04-2014
(Oral). 1. The Management of the Cossipore T.E. (hereinafter referred to as the Management) challenges the award dated 19.09.2006(Annexure-XVII) in the Reference Case No.4/97 rendered by the learned Industrial Tribunal, Silchar, whereby the reference on the lockout of the T.E. was answered in favour of the workmen and against the Management. 2. I have heard Mr. S. Murarka, the learned counsel representing the Management and Mr. S.K. Singha, who appears for the Bharatiya Cha Mazdoor Sangha (Respondent No.3) (hereinafter referred to as the Mazdoor Sangha).WP(C) No.4205 of 2007 Page 2 of 6 3. Earlier a reference was made under Section 10 of the Industrial Dispute Act, 1947 (hereinafter referred to as the I.D.A. Act) on the following terms:- 1. Whether the management is justified for not paying wages/reations during the lock-out period with effect from 11-4-96 to 11-7-96. 2. Whether lock-out declared by the management Cassipore T.E. Cachar legal/illegal. 3. Whether the workers are entitled...
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