Guwahati Court January 2016 Judgments
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Goto Ete, Former Sessions Judge in the Court of Additional District an ...
Court: Guwahati
Decided on: Jan-19-2016
T. Vaiphei, CJ. 1. In this writ petition, the petitioners are challenging the letter dated 07.01.2013 issued by the Registrar General, Gauhati High Court, informing them that their services from the post of Ad-hoc Additional District and Sessions Judge, Fast Track Courts of Arunachal Pradesh had been dispensed with, with immediate effect, as they could notqualify themselves in the selection for absorption to the post of Grade-I of the Arunachal Pradesh Judicial Service. They also challenge the legality of the advertisement dated 10.01.2013 issued by the Gauhati High Court, Itanagar Permanent Bench for filling up the 03(three) vacant posts of Grade-I of the Arunachal Pradesh Judicial Services and seek the intervention of this Court for directing the respondent authorities to allow them to continue in their respective services as per the extension order dated 19.05.2011 of the Government of Arunachal Pradesh w.e.f. 01.04.2010 to 31.03.2011. 2. The facts of the case, as pleaded by the pet...
Rokolhou Angami Vs. The State of Nagaland, Represented by the Chief Se ...
Court: Guwahati
Decided on: Jan-19-2016
Manojit Bhuyan, J. Heard Mr. S.Dutta, learned senior counsel representing the appellant/writ petitioner, assisted by Ms. N. Modi as well as Ms. A Aier, the learned Government Advocate for the State of Nagaland, representing respondent nos. 1 to 6. Also heard Mr. D. K. Mishra, learned senior counsel representing respondent no.7 (newly impleaded by order dated 27.8.2015 in I.A. 1196/2015), assisted by Ms. S. Jahan, Advocate. The records in original have also been produced by Ms. A.Aier. 2. The Office of the Executive Engineer, Urban Development Department, Kohima, Nagaland issued the Short Notice Inviting Tender dated 13.3.2015 for the work of Infrastructure Development Works for Medziphema Town. By the said tender, issued on behalf of the Governor of Nagaland, bids were invited from eligible Government registered Class-I contractors fulfilling the conditions as laid down therein. The estimated cost of the work was fixed at Rs.1492.70 lacs with the time of completion stipulated at 24 mon...
Md. Abdul Seikh and Others Vs. The Union of India Represented by the S ...
Court: Guwahati
Decided on: Jan-19-2016
M Bhuyan, J. 1. Heard Mr. H Das, learned counsel representing the petitioners. Also heard Mr. SC Keyal, learned ASGI, representing Respondent No.1 and Mr. M Bhagabati, learned Govt. Advocate, Assam, representing Respondent Nos.2 to 4. 2. The three petitioners herein belong to one family unit. Petitioner No.2, Musstt. Phul Banu is the wife of the petitioner No.1 i.e. Md. Abdul Seikh and the petitioner No.3, Musstt. Fatema Begum is the daughter of petitioner Nos.1 and 2. Challenge is made to the order dated 17.1.2014/20.1.2014 passed by the Foreigners Tribunal (1st), Morigaon, Assam, in FT(C) Case No.190/20083 whereby the reference filed against them was disposed of on contest in favour of the State. The petitioners were declared to be foreigners illegally entering into India (Assam) in the year 1973, i.e., after 25.3.1971 from village Ramaseel in the district of Maimansing of Bangladesh. 3. On a reference made by the concerned authority against the petitioners, a case was initially regi...
Mahadev Panging and Others Vs. The State of Assam, Represented by the ...
Court: Guwahati
Decided on: Jan-18-2016
1. All the writ petitions raising the same issue based on more or less same set of facts have been heard analogously and are being disposed of by this common judgement and order. In all the writ petitions, the petitioners have called in question the dissolution of the Integrated Tribal Development Project (ITDP) Committee vide the notifications in question. According to the petitioners, who are members of the earlier Committee, such action on the part of the respondents is illegal as they had not completed their term of office which according to them is 5 (five) years. The basic facts involved in the writ petitions are indicated below. 2. WP(C) 170/2015 : The ITDP Sivasabar was constituted vide Annexure-I notification dated 21/02/2011 of which the petitioner was made the Chairman, When the petitioner was continuing as such, the Annexure-2 notification dated 20/02/2014 was issued laying down the guidelines towards constitution of ITDPs etc. The relevant guidelines with which the present...
Pema Khandu and Others Vs. Nabam Rebia, Speaker of the Arunachal Prade ...
Court: Guwahati
Decided on: Jan-13-2016
Judgment and Order (CAV) [1] The basic issue involved in these two writ petitions is as to whether the Governor of a State is to act only with the aid and advice of the council of Ministers in all circumstances or the Governor is empowered being the custodian of an executive and other powers under various Articles of the Constitution of India is entitled to exercise independent/discretionary powers. The other issues including the right of the Governor to address and send messages to the Legislative Assembly was legally permissible in the fact situation involved in this case. The concerned Articles of the Constitution of India in this regard are Article 174 and Article 175. The other issues involved are incidental to the above issues. [2] The background facts involved in this proceeding have seen set out in the interim order passed on 17.12.2015, which reads as follows: BACKDROP 3. The party wise composition of the Arunachal Pradesh State legislature in the 60 member House is Congress-4...
Wanglam Sawin, MLA and Another Vs. The Speaker, Arunachal Pradesh Legi ...
Court: Guwahati
Decided on: Jan-12-2016
Judgment and Order (CAV) T. Vaiphei, CJ (Acting) 1. Whether the Speaker of Arunachal Pradesh Legislative Assembly is correct in accepting the resignation letters of the petitioners as Members of the Legislative Assembly of Arunachal Pradesh, is the moot point in this writ petition. 2. Before proceeding further, we may straightaway record the sequence of events leading to the filing of the writ petition as pleaded by the petitioners. Both the petitioners are MLAs of the current Arunachal Pradesh Legislative Assembly ( the Assembly for short). While the petitioner No. 1 is representing 55, Khonsa (East) (ST) Assembly Constituency, the petitioner No. 2 is representing 58, Kanubari (ST) Assembly Constituency respectively; both of them were elected to the Assembly in the year 2014. In that election, the Indian National Congress (INC) won 47 seats out of the total seats of 60 in the Assembly. According to the petitioners, on 16-9-2015, the Chief Minister of Arunachal Pradesh (AP) hosted a ge...
On the death of Rani Singha her legal heirs Shikha Das and Others Vs. ...
Court: Guwahati
Decided on: Jan-08-2016
Judgment and Order (CAV) 1. This second appeal has been preferred against the judgment and decree dated 02-04-2005 and 07-04-2005 respectively passed by the learned Addl. District Judge, Cachar, Silchar in Title Appeal No. 01/1987 reversing and/ or modifying the judgment and decree dated 12-12-1986 and 17-12-1986 respectively passed by the court of learned Asstt. District Judge No. 2, Cachar, Silchar in Title Suit No. 76/1979 partially decreeing the suit filed by the respondent/ plaintiff. 2. This second appeal has been admitted by this Court to be heard on the following two substantial questions of law: (1) Whether the plaintiff s suit for recovery of Khas Possession in respect of Schedule- III and IV land can be decreed in view of the provision of Section 110 of the Assam Land and Revenue Regulation? (2) Whether the plaintiff s suit is maintainable in respect of the matter of distribution of land on partition, the same being exempted from cognizance of Civil Court under Section 154(1...
Samin Chandra Kalita Vs. The State of Assam represented by The Commiss ...
Court: Guwahati
Decided on: Jan-07-2016
Judgment and Order(Oral) 1. Heard Mr. R.C. Saikia, learned counsel representing the petitioner as well as Mr. U.K. Goswami, learned counsel representing Respondent Nos. 1, 3 and 4. Ms. B. Devi represents Respondent No. 5. There is none to represent the Finance Department. 2. While assailing the Office Memorandum dated 06.10.2009 and subsequent letter of the Finance (Budget) Department dated 20.03.2009 whereby the Government of Assam had introduced the New Defined Contribution Pension Scheme in respect of employees joining the State Government service on or after 01.02.2005, a prayer is also made for a direction to the State Respondents to appoint the petitioner w.e.f 2001 on grounds that he had been selected for the post of Teacher way back in the said year. 3. The brief facts emerging are that the petitioner had responded to the Advertisement of 1997 inviting applications for the post of Graduate Teachers in High Schools, pursuant to which a selection process was initiated and a Selec...
Dhira Devi Vs. Md. Jamaluddin Khan and Others
Court: Guwahati
Decided on: Jan-07-2016
Judgment and Order (CAV) 1. The sole question which falls for consideration in this appeal is whether the learned Single Judge was correct in holding that there was violation of Section 24 of the Code of Criminal Procedure, 1973 (Cr-PC) in the appointment of the appellant inasmuch as the consultation between the District Magistrate, Barpeta (respondent and the learned Sessions Judge, Barpeta was not reduced to writing. The material facts are hardly in dispute. Suffice it to say that the appellant (the respondent No. 5 in the writ petition) was appointed as the Assistant Public Prosecutor, Bajali on 2-6-2012 till her engagement as Additional Public Prosecutor on 20-2-2015 after replacing the respondent No. 1 (the writ petitioner). The respondent No. 1 had been appointed as Additional Public Prosecutor, Bajali on 29-8-2002. It would appear that the respondent 2 issued the WT message dated 19-1-2012 to the respondent 5 requesting him to furnish a fresh panel of Advocate at the ration of 1...
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