Guwahati Court September 2014 Judgments
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Yanpothung Lotha Vs. State of Nagaland and Others
Court: Guwahati
Decided on: Sep-18-2014
1. The petitioner is aggrieved by the order dated 20/04/2012 (Annexure-G) by which invoking the provisions of Rule 7 of the Nagaland Services (Discipline and Appeal) Rules, 1967, he has been imposed with the penalty of removal from service with immediate effect. From the materials on record, it appears that the petitioner was taken up for a departmental enquiry vide Annexure-C Memorandum dated 29/11/2011 under Rules 9(2) of the aforesaid Rules. Along with the Memorandum, statement of Article of Charges framed against him had also been furnished, which is quoted below: ARTICLE-I : That the said Shri Yanpothung Lotha, Driver Grade-I while working as driver Grade-I under the establishment of the Asstt. Station Superintendent Office, NST Sub-Sttion, Pfutsero. ARTICLE-II : That during the aforesaid and while functioning as Driver Grade-I in the said office, the said Shri Yanpothung Lotha, driver Grade-I has been in the habit of drinking alcohol despite of several instructions, Warning being...
Bank of Baroda Vs. Ranjan Chetia and Others
Court: Guwahati
Decided on: Sep-08-2014
[1] In this application under Article 227 of the Constitution of India, the petitioner, Bank of Baroda, has questioned legality and correctness of order dated 24.08.2012 passed by the learned Civil Judge, Tinsukia, in Title Suit No. 24 of 2011. By that order the learned trial court rejected application filed by the respondents under Order VII Rule 11 of the Code of Civil Procedure. [2] The opposite parties No.1 and 2, as plaintiffs, instituted Title Suit No. 24 of 2011 praying for declaration, inter alia, that creation of guarantee document dated 28.01.2011 and equitable mortgage relating to loan account of M/s. ARK Group is a fraudulent act and that it is neither binding on the plaintiffs nor is the defendant No.1 entitled to enforce the same against the plaintiffs towards financial aid granted to M/s ARK Group. The case of the plaintiffs in brief is that in the year 2009 the plaintiffs along with defendant No.2 decided to establish a business of Restaurant-cumBar at Tinsukia. Pursuan...
H. Rohluna Vs. L. Thangmawia and Others
Court: Guwahati
Decided on: Sep-06-2014
1. Heard Mr. Lalsawirema, learned counsel for the applicant/respondent No. 1 (returned candidate) and Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Johny L. Tochhawng, learned counsel appearing for the Opposite Party No. 1/election petitioner. Also heard Mr. M. Zothankhuma, learned senior counsel for Election Commission of India. 2. This is an application under Order 7, Rule 11 of the Civil Procedure Code, 1908 for rejection of the election petition for want of cause of action and for non-compliance of the mandatory provisions of the Representation of the People Act, 1951 (for short the Act). 3. Rejection of the election petition has been sought for primarily on three grounds. Firstly, the election petition does not disclose material facts to constitute a cause of action to warrant trial of the election petition. Secondly, the prayer made in the election petition is beyond the relief which can be granted to an election petitioner under the Act. Thirdly, since the election ...
Rokunga C/381 and Another Vs. State of Mizoram and Others
Court: Guwahati
Decided on: Sep-05-2014
1. Though this case was heard on 5.6.2014, learned counsel for the parties had assured the Court that they would submit written arguments within 1 (one) week but written submissions were filed only on 1.9.2014. This Bench was also not available at Aizawl since 6.6.2014. Hence, the delay in delivery of judgment. 2. Heard Mr. Lalfakawma, learned counsel for the appellants and Mr. A.R. Malhotra, learned counsel for the respondent No. 5. Also heard Mr. Lalsawirema, learned Government Advocate, Mizoram who has appeared for respondent Nos. 1 to 4. 3. This is an appeal under Section 17 of the Mizoram Civil Courts Act, 2005 read with Order 41, Rule 1 of the Civil Procedure Code, 1908 against the judgment and order dated 29.9.2011 passed by the learned Senior Civil Judge, Aizawl Judicial District, Aizawl in Civil Suit No. 3/2001 whereby the suit instituted by respondent No. 5 was decreed by directing respondent Nos. 1 to 4 to pay to the plaintiff a sum of Rs. 13,70,000/- with simple interest @ ...
Samsul Ali, Assam Vs. The State of Assam Represented by the Commission ...
Court: Guwahati
Decided on: Sep-05-2014
(CAV). J. 1. This writ petition is directed against the order dated 19.09.2006 whereby, the petitioner, who was a Constable, was dismissed from service with immediate effect pursuant to a departmental enquiry held. 2. Following a selection process, the writ petitioner was appointed as a Constable in the month of March, 2001 and was posted at 10th Assam Police Battalion at Kahilipara. He along with five others, four of whom were also constables, were arrested in connection with Dispur Police Station Case No. 1192/2005 under Section 395 IPC (G.R. Case No. 4036/05). 3. By a memo dated 07.12.2005, the petitioner was asked to show cause under Section 7 of Police Act, 1861 read with Rule 66 of Assam Police Manual (Part-III) and Article 311 of the Constitution of India as to why any of the penalties mentioned therein should not be inflicted upon him on the charges based on the allegation that he was found unauthorisedly absent from duty w.e.f. 08.10.2005 and that during such absence, he was f...
The State of Assam, Represented by Principal Secretary to the Govt. of ...
Court: Guwahati
Decided on: Sep-03-2014
(Oral). K. Sreedhar Rao, ACJ. 1. Heard Mr. D. Choudhury, learned Sr. counsel, for the appellants, and Mr. U.K. Nair, learned counsel, for the respondents. 2. Respondent Nos. 1 and 2 are sponsored by Employment Exchange, Kamrup, for the post of attendants in the office of Superintendent of Fisheries, Training-Cum-Production Centre, Guwahati. Similarly, the Employment Exchange sponsored candidates for various other 42 posts. The Selection Authority completed the selection process. The other 42 posts have been filled up as per the select list. At the time when applicants selection is to be given effect to, elections were declared. Because of the Code of Conduct, the selections were not approved and appointment orders were not given. 3. With the change in the establishment, an objection was raised that in view of the ruling of the Supreme Court in Excise Superintendent, Malkapatnam Vs. K.B.N. Visweshwara Rao, reported in (1996) 6 SCC 216, it is held that paper publication was also required...
North Eastern Coalfield, Assam and Another Vs. The State of Assam, Rep ...
Court: Guwahati
Decided on: Sep-02-2014
(Oral). 1. Heard Mr. MZ Ahmed, learned senior counsel appearing for the North Eastern Coal Field of Coal India Ltd. (hereinafter referred to as the Coal Company), who has filed the WP(C) No.4807/2008. The contesting party i.e. Ledo Sonali (Gaon) Pathar Parichalana Samity (hereinafter referred to as the Claimant Society) have filed the connected case i.e. WP(C) No.110/2009 and they are represented by the senior counsel Mr. AB Choudhury. Both cases pertain to the decision dated 7.8.2008 of Addl. Dy. Commissioner, Tinsukia, whereby crop damage caused through open cast mining between 19892006 was assessed at Rs.2,98,31,308/- (Rupees two crore ninety eight lakh thirty one thousand three hundred eight). 2. In the first case, the Coal Company challenges the legality of the damage assessment and in the analogous case, the claimants seek direction for disbursal of the assessed compensation. As both matters are analogously heard, the following common order is passed. For the sake of convenience,...
United India Insurance Company Limited Vs. Urmila Chand and Others
Court: Guwahati
Decided on: Sep-02-2014
(Oral). 1. This appeal is preferred under Section 173 of the Motor Vehicles Act, 1988 (for short, the Act) against the judgment and award dated 11.11.2011 in MAC Case No.125/2009 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia, awarding a sum of Rs.11,82,000/- to the claimants/Respondent Nos.1 to 4 herein, to be paid by the appellant Insurance Company with simple interest @ 4% p.a. w.e.f. from the date of filing of the petition on 31.10.2009 to 18.12.2009 and from the date of receipt of the copy of the judgment and order till full and final realization. 2. The claim petition came to be filed by the claimants, who are mother of the deceased Priyank Chand @ Shimpi as Claimant No.1, wife of the deceased as Claimant No.2 and two minor sons of the deceased as Claimant Nos.3 and 4. 3. The case set out in the claim petition, in brief, is that on 27.02.2009 the deceased was travelling from Tinsukia to Makum by sitting in the front side seat of an Indica Car bearing Regis...
The Management of Behubar Tea Estate, Kolkata Vs. The Secretary, Assam ...
Court: Guwahati
Decided on: Sep-02-2014
(Oral). 1. Challenge in this writ petition is the award dated 16/03/2007 of the Industrial Tribunal at Dibrugarh, Assam in Reference No. 9/2005 by which while answering the following issues, the Tribunal has held that the management of Behubor Tea Estate (the writ petitioner) was not justified in not paying ex-gratia to 25 Nos. of employees pertaining to the year 2003-04 and that the said employees are entitled to ex-gratia payment in lieu of bonus @ Rs. 4500/-. (1) Whether the Management of Behubor Tea Estate is justified is not paying exgratia/bonus to 25 Nos. of Employees for the a/c year 2003-2004 ? (2) If not what relief they are entitled to 2. When the Govt. of Assam vide its notification No. GLR.219/05/9 dated 23/09/2005 made a reference in respect of the dispute that was raised by the respondent No.1 on the above quoted issues, the Industrial Tribunal having registered the dispute as Reference Case No. 9/2005 issued notice to the parties requiring them to submit their written s...
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