Guwahati Court September 2015 Judgments
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Makabbir Ali Laskar Vs. The State of Assam, Represented by the Secreta ...
Court: Guwahati
Decided on: Sep-30-2015
Judgement and Order (Oral) 1. Heard Mr. K. Paul, learned counsel for the petitioner. The respondent Nos.1-4 are represented by Mr. Y.S. Mannan, learned standing counsel for the PWD (Building) and Mr. U.K. Nair, learned counsel appears for the private respondent No.5. 2. This is a seniority dispute between the petitioner and the respondent No.5 in the cadre of LDA and by now the two litigants have superannuated from service. The petitioner and the respondent No.5 joined the Silchar Building Division of the PWD in May, 1973 but the petitioner s joining date was 18.5.1973, whereas the respondent No.5 Smti Sunanda Paul (Dev) joined a day later i.e. on 19.5.1973. The respondent No.5 was promoted to the cadre of UDA on 26.8.1981 and although the petitioner claims to be senior to her in the feeder cadre by virtue of his joining date, he never challenged the promotion order of his purported junior, at the relevant time. 3. Eventually after six years, the petitioner himself was promoted to the ...
Mobidur Hussain, Grade-IV Employee, Assam and Others Vs. The State of ...
Court: Guwahati
Decided on: Sep-30-2015
Judgment and Order (Cav) 1. Aggrieved by the decision of the respondent authorities to advertise for recruitment seven posts of Laboratory Bearer (Grade-III) and 137 posts of Grade-IV at various Secondary Schools of Sivsagar District, which have hitherto been held by them on ad-hoc basis, by overlooking their cases for regularization, they are now approaching this Court for appropriate reliefs by filing these writ petitions separately. As they involve a common question of law, they were heard together, and now being disposed of by a common judgment. 2. In WP(C) No. 2921 of 2015, there are 31 petitioners, whose names and particulars are given as under: Sl NoName of the petitionersName of the SchoolsDate of appointment1Sri Guni Ram TantiGeleky High School1.3.19942Sri Mobidur HussainBanhgarh Rupjyoti Girls High School20.10.19933Sri Dipak GogoiTriseni High School1.7.19944Sri Tulsi MarakSologuri Girls High School6.7.19945Md. Smail AliNazira Bortala H.S School2.3.19956Sri Bipul BuragohainMot...
Md. Chanowar Hussain, By LRs. and Others Vs. Nurjahan Begum
Court: Guwahati
Decided on: Sep-30-2015
Judgment and Order (Cav) 1. This Second Appeal has been preferred against the judgment and decree of reversal dated 31.08.2005 passed by the learned Civil Judge (Senior Division), Barpeta in Title Appeal No.59/2004 thereby reversing the judgment and decree dated 05.08.2004 passed by the learned Civil Judge (Junior Division) No.1, Barpeta in Title Suit No.2/2003. 2. The Second Appeal preferred by the defendant/appellant was admitted by this Court to be heard on the following substantial questions of law :- 1) Whether the learned Court below erred in canceling the sale deed Ext-4/Unga by shifting a wrong burden of proof on the appellant/defendant? 2) Whether the learned Court below erred in rejecting the determination made by the learned trial Court on the execution of the sale deed Ext.4/Unga in terms of section 73 of the Indian Evidence Act, 1872, in absence of any evidence adduced by the respondent-plaintiff, questioning the execution thereof by her? 3. The brief factual background o...
Gohin Sonowal Vs. Kalpana Konwar
Court: Guwahati
Decided on: Sep-30-2015
Judgment and Order (Oral) 1. Heard Ms. B. Sarma, learned counsel for the appellant. Also heard Mr. A.K. Dutta, learned counsel representing the respondent. This second appeal has been preferred against the judgment and decree of reversal dated 05-06-2006 passed by the leaned Civil Judge (Sr. Div.), Dibrugarh in Title Appeal No. 08/2005 which was admitted by this Court to be heard on the following substantial question of law: Whether a suit for perpetual injunction is maintainable without prayer for declaration of right, title and interest and possession over the land involved in the suit? 2. The plaintiff/ appellant had instituted Title Suit No. 29/2002 in the court of Civil Judge (Jr. Div.), Dibrugarh seeking a decree of perpetual injunction restraining the defendant and her engaged workers etc. from entering into or interfere with the peaceful possession of the plaintiff over the suit land measuring 2 kathas covered by Dag No. 151 of PP No. 47 situated at Nizkadomoni gaon, Dibrugarh...
Phukan Chandra Nath Vs. The Indian Oil Corporation, Represented by the ...
Court: Guwahati
Decided on: Sep-29-2015
Judgment and Order (Oral) 1. Heard Mr. U.K. Nair, the learned counsel appearing for the petitioner. The respondent Indian Oil Corporation Limited (IOCL) and their officers are represented by the learned senior counsel Mr. M.K. Choudhury. 2. This case arise out of a disciplinary proceeding initiated against the petitioner when he was posted as the Assistant Manager (Plant) at the Sarpara Bottling Plant of the IOCL. The delinquent was placed under suspension by the order dated 29.12.2004 (Annexure-1) and in the charge memo dated 13.1.2005 (Annexure-2), the following statement of allegations were leveled against the suspended employee: Statement of Allegations. i. That at about 1300 hrs. on 25.12.2004. Sh. Parthiv Dhar, AM(P) was engaged in the job of shifting some packed LPG trucks from the non-licensed area of the Plant to the licensed area, from safety point of view. ii. That, you instead of helping him were seating inside the Plant hired car in front of the Administrative building and...
Ghanashyam Bora Vs. Nandaram Bharali, By LRs. and Others
Court: Guwahati
Decided on: Sep-22-2015
Judgment and Order 1. Heard Mr. B. Banerjee, learned senior counsel for the appellants. None appears for the respondents. 2. This appeal by the plaintiff is preferred against the judgment and decree dated 29.6.2005 passed by the learned Civil Judge (Senior Division), Golaghat in Title Appeal No. 16/2004 reversing the judgment and decree dated 18.10.2004 passed by the learned Civil Judge (Junior Division), Golaghat in Title Suit No. 10/2002, whereby suit of the plaintiff was decreed. 3. Though it was not specifically mentioned in the judgment of the learned trial court that the counter-claim was rejected, in view of the decision in issue No. 7 rejecting the claim of the defendant for compensation, it must be taken that the counter-claim was dismissed. 4. The plaintiff filed the suit for specific performance of contract for sale of a plot of land for a consideration amount of Rs. 10,000/- The plaintiff had sold to the defendant said plot of land measuring 1 bigha 1 katha described in the...
Manager, Hukanpukhuri Tea Estate, Assam Vs. State of Assam and Others
Court: Guwahati
Decided on: Sep-19-2015
Judgment and Order (Cav) 1. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of award dated 08-02-2008 passed by the Labour Court, Dibrugarh in Reference Case No. 18/1995. 2. Petitioner is the management and respondent No.3 is the workman. 3. Facts of the case as projected may be briefly noted. 4. A bipartite settlement dated 07-03-1994 was entered into between the management and workmen of Hukanpukhuri Tea Estate represented by the Assam Chah Mazdoor Sangha (ACMS) for supply of firewood to the workers by the management. However, because of financial crisis, the management was not in a position to supply firewood to the workers. Management however promised to supply the firewood in installments. 5. Respondent No.3 who belongs to a different trade union which is not recognized, instigated the workers of the Tea Estate to resort to strike and led other workers to the office of the Manager where-after the Manager and the Assistant Manager w...
United India Insurance Company, Guwahati Vs. Md. Ismail Hussain and An ...
Court: Guwahati
Decided on: Sep-18-2015
Judgment and Order (Oral) 1. In this appeal under Section 30 of the Workmen s Compensation Act, 1923 (now designated as Employees Compensation Act, 1923 and hereinafter referred to as Act), the United India Insurance Company Ltd. has challenged the judgment and award dated 13.6.2005 passed by the learned W.C. Commissioner, Nagaon in NWC Case No. 129 of 2002. By that judgment and award, the learned WC Commissioner directed the insurance company to make payment of Rs.1,17,131/- along-with interest @ 12 % per annum with effect from the date of accident. 2. One Md.Ismail Hussain made a claim before the W.C. Commissioner at Nagaon stating that while discharging duty as a cleaner of the bus bearing registration No. AMP-121 belonging to one Nani Gopal Goswami of Amolapatty, Nagaon, he sustained injury on his person when the bus had turned turtle on 15.5.2002 at Saidoria PWD road while proceeding to Rupahihat. He was taken to B.P. Civil Hospital, Nagaon by the police and was given first aid. L...
Dandiram Bora Vs. Paramananda Bora
Court: Guwahati
Decided on: Sep-17-2015
Oral Order: 1. Heard Ms. P. Bhattacharya, learned counsel for the appellant. Also heard Mr. G.N. Sahewalla, learned Sr. counsel assisted by Ms. B. Sarma, learned counsel appearing on behalf of the respondent. 2. The present appeal has been filed against the judgment and decree dated 21-06-2005 passed by the learned lower Appellate Court in Title Appeal No. 08/2003 thereby reversing the judgment and decree dated 30-01-2003 passed by the learned Trial Court decreeing the suit of the appellant/ plaintiff in Title Suit No. 39/1999. 3. This second appeal was admitted by this Court by framing the following substantial questions of law: Whether the suit being Title Suit No. 39/99 filed by the plaintiff appellant is barred by constructive res-judicata in view of dismissal of Title Suit No. 84 of 1988 for default. 4. The case of the appellant/ plaintiff in brief is that the plaintiff is the owner-in-possession of a plot of land measuring 1B-1K covered by Dag No. 14 and 16 of P.P. No. 46 of Naw...
M/s. Oriental Insurance Co. Ltd., New Delhi Vs. Gita Rani Roy and Anot ...
Court: Guwahati
Decided on: Sep-16-2015
Judgment and Order (Oral) 1. Insurance company, as appellant, has preferred this appeal under Section 30 of the Workmen s Compensation Act, 1923 (hereinafter referred to as the Act ) challenging the judgment and award dated 09.08.2005 passed by the Commissioner, Workmen s Compensation, Dhubri in W.C. Case No. 11/2003 thereby assessing compensation at Rs. 3,94,120/- and interest of Rs. 86,706/- and thereby directing the insurance company to make payment within a period of 30 days from the date of award failing which further interest at the rate of 9% per annum was awarded. 2. The insurance company deposited the awarded amount of Rs. 3,94,120/- with the jurisdictional Tribunal and thereafter preferred the appeal before this court. The Division Bench of this Court by order dated 10.02.2006 framed two substantial questions of law as below:- (1) Whether in view of the First Information Report filed by the wife Smti Geeta Rani Roy is claimant? (2) Whether the deceased can be held to be a wor...
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