Guwahati Court June 2014 Judgments
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Mausumi Rekha Khaund, Jorhat, Assam Vs. The State of Assam, Represente ...
Court: Guwahati
Decided on: Jun-05-2014
(Oral). 1. Both the writ petitions are being inter connected have been heard analogously and are being disposed of by this common judgment and order. 2. The matter pertains to selection and appointment to the post of Assistant Professor of Assamese in Swahid Pioli Phukan College, Namti in the district of Sivasagar. While the petitioner in WP(C) No.2283/2012 (hereinafter referred to as the 1st writ petition) has been selected for appointment as the 1st nominee, the petitioner in the 2nd wit petition being WP(C) No.170/2012 is 7th in the merit list. 3. The challenge in the 1st writ petition is the resolution adopted by the Governing Body of the College in its meeting held on 24.06.2011. The challenge in the 2nd writ 4 petition is the Annexure-4 communication dated 17.11.2011 made to the College Authority by the Director of Higher Education requiring it to recommend the 1st selected candidate i.e. the petitioner in the 1st writ petition for appointment as Assistant Professor of Assamese p...
Lalkanglova Sailo Vs. Ngurthantluangi Sailo
Court: Guwahati
Decided on: Jun-05-2014
Order: 1. Heard Mr. P.C. Prusty, learned counsel for the review petitioner and Mr. A.R. Malhotra, learned Amicus Curiae for the respondent. 2. This review petition has been filed seeking review of judgment and order dated 16/09/2008 passed by this Court in Civil Revision Petition No. 13/2007. Initially, the review petition was filed in the Principal Seat at Guwahati on 22/10/2008 during vacation. Later on, in the year 2013, it was transmitted to the Aizawl Bench where the case has been re-numbered. 3. Review petitioner was the revision petitioner in the said case and had filed the revision petition assailing the legality and correctness of the award dated 30/07/2007 passed by the Lok Adalat, Aizawl, Mizoram. 4. Substance of the award of the Lok Adalat dated 30/07/2007 is that Lok Adalat (Pre-Litigation) Case No. 66/2006 was filed by the respondent before the Lok Adalat, Aizawl in connection with a dispute relating to settlement of land between petitioner and respondent. Though both the...
The Union of India and Others Vs. Ranjeet Kumar
Court: Guwahati
Decided on: Jun-04-2014
A.M. Sapre, CJ. By this writ petition filed by the Union of India (Ministry of Home Affairs) who was non-applicant of O.A.No 69 of 2013 under Article 227 of the Constitution of India, the writ petitioner challenges the order dated 4.12.2013 passed by Central Administrative Tribunal (for short hereinafter referred to as CAT) in aforementioned O.A. By impugned order, the CAT allowed the original application of the respondent herein (applicant before the CAT) and granted him the relief which he had claimed in his original application against the writ petitioner. So the short question, which arises for consideration in this writ petition is whether CAT was justified in allowing the original application of the respondent and thereby was justified in granting him the relief claimed in the original application Facts of the case lie in a narrow compass. The respondent is working in the Defence establishment of Union of India as Hindi Teacher. He is posted in a school known as Assam Rifles Nod...
Kajal Kumar Paul, North Tripura Vs. The Customs, Excise and Service Ta ...
Court: Guwahati
Decided on: Jun-03-2014
(CAV). A.M. Sapre, CJ. 1. By filing this writ petition under Article 226/227 of the Constitution of India, the assessee seeks to challenge the order dated 21.03.2006 passed by the Customs, Excise and Service Tax Appellate Tribunal, Eastern Zonal Bench, Kolkata (for short hereinafter called The Tribunal) in Misc. Application (ROA) No.545/2005 (CSM-163/2004). By impugned order, the Tribunal allowed the application filed by the Revenue (Commissioner of Central Excise) for recalling the order dated 23.09.2005 passed in Appeal No.CSM-163/04 by the Tribunal by which it had dismissed the Revenues appeal on technical ground without going into the merits of case and while recalling the said order, has fixed the Revenues appeal for hearing on merits. So the short question, which arises for consideration in this writ petition is whether Tribunal was justified in allowing the application of the Revenue for recalling the order dated 23.9.2005. Facts of the case are simple and short. The Commissione...
Pabitra Kumar Ghosh, Goalpara Vs. Uttam Kumar Ghosh, Assam
Court: Guwahati
Decided on: Jun-03-2014
(Oral). 1. This second appeal at the instance of plaintiff in Title Suit No. 1 of 1997 has been preferred challenging the concurrent findings of the learned courts below. 2. Plaintiff instituted Title Suit No. 1/1997 in the Court of Munsiff No.1 at Goalpara against Principal Defendants No. 1 to 8 who are the legal heirs of his own brother and against three Proforma Defendants who are his two brothers and one sister. The case of the plaintiff is that suit land originally belonged to one Prasanna Kumar Ghosh who having died in the year 1962 his four sons, namely, Paresh, Sadananda, Pratul and Pabitra and one daughter, Sujita and their widowed mother Sailaja inherited the property in equal shares. Paresh subsequently died leaving behind three sons, namely, defendants No. 1, 2 and 3, his widow, defendant No. 4 and four daughters, namely, defendants No. 5 to 8. It is the case of the plaintiff that after death of Prasanna Kumar Ghosh the property was amicably partitioned among all the legal ...
Shah Mohammed Anwar Ali, Assam and Others Vs. The State of Assam, Repr ...
Court: Guwahati
Decided on: Jun-02-2014
Katakey, J. 1. This appeal is directed against the judgment and order dated 31.01.2014 passed in WP(C) No.7036/2005, whereby and whereunder the learned Single Judge while dismissing the writ petition filed by the appellant Nos.1 and 2, directed the State Government as well as the Superintendent of Police, City, Guwahati, to apprehend them along with their children (appellant Nos.3 and 4) and keep them in detention camp till they are deported to Bangladesh. The learned Single Judge has also directed the respondents to deport them to Bangladesh immediately by observing that the criminal proceeding launched under Section 14 of the Foreigners Act, 1946 (in short the 1946 Act) against them will be of no consequence after lapse of many years of institution. 2. The appellant Nos.1 and 2 filed a writ petition, registered and numbered as WP(C) No.7036/2005, praying for a direction to the respondents to consider their applications filed under Section 5(1)(a) of the Citizenship Act, 1955 (in shor...
Asad Ali and Others Vs. Renu Begum Daughter of Asim Ali, Assam
Court: Guwahati
Decided on: Jun-02-2014
(Oral). 1. Heard Mr. P.K. Roy, learned counsel for the appellants and Mr. M.H. Rajbarbhuiyan, learned counsel for the sole respondent. 2. By this second appeal the defendants have challenged the concurrent findings of the learned Courts below whereby suit of the plaintiff was decreed and the appeal their against was dismissed. Respondent Renu Begum as plaintiff instituted Title Suit No. 129/2006 in the Court of learned District Judge, Karimganj stating that the suit property originally belonged to one Asim Ali, the father of the plaintiff and defendants. After death of Asim Ali all his legal heirs including the present plaintiff were enjoying their respective shares. The plaintiff being daughter was enjoying 1/6th of the property. Accordingly, defendants used to give the share of usufruct of the suit property. But subsequently the defendants having stopped giving her share, she made enquiry and came to know that two alleged registered sale deeds were fabricated by the defendants showin...
Asad Ali and Others Vs. Renu Begum Daughter of Asim Ali, Assam
Court: Guwahati
Decided on: Jun-02-2014
(Oral). 1. Heard Mr. P.K. Roy, learned counsel for the appellants and Mr. M.H. Rajbarbhuiyan, learned counsel for the sole respondent. 2. By this second appeal the defendants have challenged the concurrent findings of the learned Courts below whereby suit of the plaintiff was decreed and the appeal their against was dismissed. Respondent Renu Begum as plaintiff instituted Title Suit No. 129/2006 in the Court of learned District Judge, Karimganj stating that the suit property originally belonged to one Asim Ali, the father of the plaintiff and defendants. After death of Asim Ali all his legal heirs including the present plaintiff were enjoying their respective shares. The plaintiff being daughter was enjoying 1/6th of the property. Accordingly, defendants used to give the share of usufruct of the suit property. But subsequently the defendants having stopped giving her share, she made enquiry and came to know that two alleged registered sale deeds were fabricated by the defendants showin...
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