Guwahati Court December 2015 Judgments
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Holiram Bordoloi Vs. The Union of India, Represented by the Secretary ...
Court: Guwahati
Decided on: Dec-23-2015
T. Vaiphei, ACJ: 1. In this writ petition, the petitioner is questioning the legality of the rejection of the mercy petition filed by him before the Governor of Assanm and President of India after keeping it in cold freeze for 9 years and 3 months. He is now facing execution of the death sentence imposed upon him by the learned Sessions Judge, Morigaon in Sessions Case No. 47(A) of 1999 as ultimately confirmed by the Apex Court in its judgment and order dated 8-4-2005 passed in Criminal Appeal No. 1063 of 2004. He was convicted under U/s 147/148/436/326/302 read with Section 149 IPC. 2. Shorn of unnecessary details, the undisputed facts on record may be noticed at the outset. On 18-4-2005 the petitioner preferred a mercy petition to both the Governor of Assam and the President of India, which were forwarded to the concerned authorities by the Superintendent of Jail, Nagaon. It was, however, only on 15-7-2013 communicated to him through the letter dated 2-7-2013 that his mercy petition ...
Rajen Kumar Das Vs. The State of Assam, Represented by the Commissione ...
Court: Guwahati
Decided on: Dec-10-2015
Judgment and Order (Oral) 1. Heard Mr. SS Dey, the learned senior counsel appearing for the petitioner. The respondents are represented by Ms. S. Chutia, the learned Standing Counsel for the Water Resources Department. 2. As a registered contractor under the Water Resources Department, the petitioner executed flood damage repairing works, to protect the left embankment of the Desang River from Rajgarh to Pathaligarh from 10th KM (Dehinga Konwar Gaon) to 12th KM (Lekonia-Tipomia), as those areas were affected by river erosion in the year 2003-04. The schemes for the repairing works were prepared by the Executive Engineer, Sivasagar Water Resources Division and after the petitioner submitted his tenders, the work orders (Annexure-2 series) were issued, for total contract work estimated at Rs.1,06,77,807/-. 3. The allotted works were completed by the contractor and were measured and verified by the departmental authorities and also by the D.C. of the Sivasagar District. The Executive Engi...
Dr. Homeswar Kalita Vs. The State of Assam, Represented by the Commiss ...
Court: Guwahati
Decided on: Dec-10-2015
Judgment and Order (Cav) 1. Heard Mr. A. Barbora, learned senior counsel assisted by Mr. R. Goswami, learned counsel for the petitioner. Also heard Mr. M. Choudhury, learned Standing Counsel, Higher Education Department appearing on behalf of the official Respondents No. 1 and 2 and Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. B. Chakraborty, learned counsel appearing for the private Respondent No.4. 2. Pursuant to the letter of the State Government in Higher Education Department bearing No. AHE.42/2015/7 dated 08.10.2015 and as per the provisions of Section 3(c) of the Assam College Provincialisation Act, 2005, as amended in 2012, and in the interest of public service; the Director of Higher Education (DHE), Assam by his order No. G(B)Misc./121/2013/Pt./98 dated 09.10.2015 transferred the Respondent No.4, Principal of K.C. Das Commerce College, Guwahati and posted him at Gauhati Commerce College, Guwahati and by the same order the DHE further transferred the petitioner,...
Anowara Begum Vs. The State of Assam, Represented by the Commissioner ...
Court: Guwahati
Decided on: Dec-07-2015
Judgment and Order (CAV) 1. Heard Mr. AM Buzarbaruah, learned Senior counsel assisted by Mr. JH Saikia, Advocate, representing the petitioner. Also heard Ms. B Dutta, learned Senior counsel assisted by Ms. JM Konwar, Advocate, representing Respondent Nos.1, 2, 3, 4, 6 and 7, Mr. DA Kaiyum, learned counsel representing Respondent No.5, Mr. MK Choudhury, learned Senior counsel assisted by Mr. J Hussain, Advocate, representing Respondent Nos.8 to 15. 2. The petitioner, who was the President of 65 No. Kurihamari Barsulia Gaon Panchayat, under Barkhetri Anchalik Panchayat, Narayanpur, Mukalmua, puts to test the Notice dated 3.7.2015 issued under the hand of the Executive Officer of the aforesaid Anchalik Panchayat, informing the President i.e. the petitioner of the convening of the special meeting on 6.7.2015 pursuant to the order dated 26.6.2015 in WP(C) 2943/2015. Challenge is also made to the proceedings and Resolutions adopted in the said Meeting of 6.7.2015. 3. Brief facts unfolding an...
National Insurance Company Ltd., Tezpur branch Vs. Anitarani Chanda an ...
Court: Guwahati
Decided on: Dec-04-2015
1) This appeal under Section 173 of the Motor Vehicles Act, 1988 is filed by National Insurance Company(NIC) challenging the judgment and award dated 29th May, 2007 passed by the learned Motor Accident Claims Tribunal at Sonitpur in MAC case 334/2001 directing the insurance company to pay Rs 1,77,000/- towards compensation to the claimant with interest at the rate of 6 per cent per annum from the date of filing the claim petition till realisation. 2) One Anita Rani Chanda as claimant filed a claim petition before the jurisdictional Tribunal at Tezpur stating that when her 17-year-old son Uddhab Chanda and his cousin Madhumala Dey were coming to her house on a bicycle along the left side of a PWD road they were knocked down from behind by a truck(AS-12/6397) plying in a very rash and negligent manner and they received serious injuries as a result and when they were taken to nearby Kanaklota Civil Hospital in a very critical condition Madhumala died on the way and her son died after 2 ho...
Bodrul Islam Chowdhury Vs. The State of Assam, represented by the Comm ...
Court: Guwahati
Decided on: Dec-03-2015
Judgment and Order (CAV) 1. In this writ petition, the petitioner is questioning the decision of the Director of Elementary Education, Assam (respondent 4) in no appointing him to the post of Sub-Inspector of Schools despite his selection for the post by the Selection Committee duly constituted by him. 2. In response to the advertisement dated 10-1-2014 issued by the respondent No. 4 inviting applications from candidates amongst Assistant Teachers of provincialized/Government Schools for the posts of Sub-Inspector of Schools, the petitioner, who is otherwise qualified, applied for one of the 128 posts so advertised. The advertisement stipulated that the candidate, among others, must have B.T./B.Ed. degree with at least 5 years of teaching experience in any provincialized/government schools with the upper age limit up to 40 years as on 1-1-2014 for general candidates. As the petitioner had already attained 47 years on the date of the advertisement, he submitted an application to the res...
Abdul Gofur Mondal Vs. The State of Assam, represented by the Commissi ...
Court: Guwahati
Decided on: Dec-03-2015
Judgment and Order (CAV) 1. This bunch of writ petitions, involving the same parties and are also inter-connected (or overlapping) with each other, were heard together and are now being disposed of by this common judgment. 2. The reliefs claimed in W.P.(C) No. 4612 of 2011 are to prepare the gradation list of Assistant Teachers of Jana Kalyan VLP School by treating the petitioner as the senior-most among them after setting aside the existing list submitted by the Head Teacher of the School and direct the respondent authorities to provincialize the service of the petitioner as the 1st Assistant Teacher of the School. In W.P.(C) No. 6109 of 2012, the reliefs claimed therein are to quash the DISE Data for the period 2010-2011 in respect of the staffing pattern of the School and update the DISE Data by including the name of the petitioner as the 1st Assistant Teacher of the School. In W.P.(C) No. 2272 of 2013, the reliefs claimed are to set aside the Resolution No. 1 dated 5-8-2008 resolvi...
M/s. Omega Advertising Agency (Press) Pvt. Ltd., Guwahati and Another ...
Court: Guwahati
Decided on: Dec-01-2015
1. Heard Mr. J. Deka, the learned Counsel appearing for the petitioners. The respondents 1 and 2 are represented by Mr. B. Talukdar, the learned Government Advocate. The learned Standing Counsel for the PWD Mr. Y.S. Mannan appears for the respondents 3 8. The Guwahati Municipal Corporation (GMC) and their Commissioner are represented by the learned Senior Counsel Mr. A.B. Choudhury. 2. The petitioner No.1 company is operating in the field of advertisement. They are aggrieved by the steps taken by the GMC to remove the Hoardings and Bill-Boards installed by the petitioners in different locations and road dividers of the Guwahati city. According to the petitioners, the Bill-Boards on the electricity poles were installed with due authorization of the PWD with concurrence of the GMC authorities and the Hoardings too were installed with approval of the GMC and for both categories of display, advertisement tax was being paid by the petitioners. But despite the authorization given by the auth...
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