Court : Guwahati
T. Nandakumar Singh, J.1. Heard Ms. G. Puspa, learned Counsel appearing for the petitioner, Mr. A. Madhu Chandra, learned Govt Advocate for the respondent Nos 1 and 2 and Mr. N. Ibotombi, learned Standing Counsel for the respondent No. 3.2. The facts in nutshell of the petitioner's case is that, petitioner's son Late G. liankhomang entered service as Forester Grade II vide Conservator of Forests, Govt, of Manipur Order No. 2/5/78/Forest dated 12.8.76 and he continued to serve for about 11 years and expired on 8.1.87. The Chief Conservator of Forest, Govt of Manipur had issued the order for terminating the service of the petitioner's son vide order No. 2/5/86/ Forest dated 21.1.87.3. During the life time of the petitioner's son Late G. Liankhomang, he had never married to any girl and as such he died unmarried on 8.1.87. During the life time of the petitioner's son, he looked after the welfare of his mother and his younger brothel's and sister. His monthly pay and allowances were the ...
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I.A. Ansari, J.1. With the help of this application made under Section 482 Cr.PC., the petitioners have sought for quashing the First Information Report (in short, 'the FIR'), which has given rise to Dispur Police Station Case No. 1191/2007 under Sections 120B/420/273 IPC. The FIR, in question, which has been lodged, on 14.09.2007, at Dispur Police Station, by an Executive Magistrate, Kamrup (Metropolitan), Guwahati, alleges, in brief, thus: Pursuant to a conspiracy entered into by NEPD Ltd. and NFPD Marketing Ltd., led by the management and other employees of the said two companies, beverages have been kept stored beyond the expiry date thereof with intention to cheat the general public and to cause grievous hurt to the members of the public. The accused have also, it is alleged, conspired to cause financial loss to the State Government and physical and financial loss to the members of the general public.2. I have heard Mr. J.M. Choudhury, learned Senior Counsel, appearing on behalf ...
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Amitava Roy, J.1. The challenge in the constitutional attire, as the instant proceeding evinces, is mounted against the tender process initiated by the Transport Department of the State for selection of an eligible manufacturer to produce High Security Registration Plate (hereafter also referred to as the HSRP) for all types of vehicles. The assailment is spurred principally by the impugned corrigenda dated 26/12/ 2006,6/1/2007 and 16/1/2007 which while insisting on the Conformity Of Production Certificate (hereafter referred to as the COP) as a condition of eligibility for participation therein deleted the covenants pertaining to experience, expertise and exposure of the bidders in the enterprise of manufacture/production of the said plates as well as the earmarked percentage of turnover from such business demonstrating their eligibility for being considered for the proposed settlement. The petitioner perceives the impugned prescriptions embodied in the corrigenda as well as an annih...
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T. Vaiphei, J.1. In this writ petition, the petitioners are questioning the legality of the selection procedure contained in the Circular No. 3/2002 dated 26.6.2002 and the subsequent Circular No. 10/2004 dated 22.11.2004 amending the Circular dated 26.6.2002 for the promotion from the rank of Sub-Inspector of Police (SI) to the rank of Inspector in the Police Department of Meghalaya.2. The controversy arose on the following facts and circumstances:The petitioners numbering 40 are serving in the capacity of Sub-Inspectors of Police at different Police Stations, CID-SB organizations, etc. within the State of Meghalaya. All of them have been rendering services in various capacities for not less than fifteen years. While some of them are direct recruits, the remaining are departmental promotees. It would appear that the Police Department of Meghalaya adopted the Assam Police Manual which contains, among others, Police Act, 1861 and 1888 and the various rules framed thereunder for the pur...
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Aftab H. Saikia, J.1. Heard Mr. A.K. Bhattacharjee, learned Senior Counsel assisted by Mr. B.K. Singh, learned Counsel appearing on behalf of the petitioner as well as Mr. R. Goswami, learned Senior Government Advocate for the respondents, State of Meghalaya. None appears for the Union of India, despite notice.2. The legality and correctness of the detention of Sri Bernard N. Marak, son of Sri Jyotishmoy Dutta (hereinafter referred to as the 'detenu'), a permanent resident of village-Akhhonggre under Tura Police Station in the West Garo Hills District, vide impugned order dated 23.8.2007 issued by the District Magistrate, West Garo Hills District, Tura under Section 3(1) of the Meghalaya Preventive Detention Act, 1995, as amended (for short, 'the Act') has been challenged in this Habeas Corpus petition preferred under Article 226 of the Constitution of India.3. The factual matrix in a short campus is that the detenu was arrested on 17.8.07 in connection with a criminal case being Tur...
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B.D. Agarwal, J.1. This miscellaneous application has Stemmed out of Election Petition No. l of 2007. The election petitioner, namely, Shri Paonam Achou is challenging the election of the respondent No. 1, namely, Shri Laishram Nandakumar Singh, who has been elected to the 9th, Manipur Legislative Assembly from 10-Uripok Assembly Constituency. The election result was declared on 27.02.2007. In the said election the petitioner has been defeated by the respondent No. l by 971 votes. Being unsatisfied with the election process and election of the respondent No. 1 for the aforesaid Assembly Constituency, the above named defeated candidate has filed the connected election petition under Sections 80-A read with Section 81 of the Representation of Peoples Act, 1951 (briefly 'ROP Act'). In the election petition, apart from seeking declaration that the election of the respondent No. 1 is null and void, the petitioner has also made an alternative prayer to declare him as lawfully and democrati...
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B.D. Agarwal, J.1. The respondent herein has been declared elected to the 9th Manipur Legislative Assembly from 6 Keirao Assembly Constituency. The election petitioner was also a candidate for the aforesaid Assembly Constituency. However, the petitioner was defeated by 2 (two) votes. The election result was declared on 27.02.2007. Feeling aggrieved by the said defeat, allegedly due to improper/illegal reception of few votes, the aforesaid election petition has been filed under Sections 100 (1) (d) (iii) (iv) of the Representation of the People Act, 1951 (hereinafter 'ROP Act' in short), so as to declare the election of the sole respondent as void.2. Having duly notified, the respondent has appeared to contest the election petition. However, before filing his formal written statement, the respondent has filed the present miscellaneous application raising a preliminary objection about the maintainability of the election petition basically on the ground that the petitioner has failed to ...
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B.P. Katakey, J.1. The defendant in Title Suit No. 78/2007, pending in the Court of the learned Munsiff, No. 2 at Dibrugarh, on the date fixed for cross-examination of PW-1 filed petition No. 2757/2005 on 16.11.2005 under Order 6, Rule 17 read with Section 151 of the Civil Procedure Code praying for amendment of the written statement by way of addition, by contending that after the engagement of a new Counsel by the defendant he could find that the said paragraphs were missing from his draft written statement and consequently from the written statement filed.2. The plaintiff/opposite party filed their objection to the said application seeking amendment in the pleadings in the written statement contending that such amendments have been sought for just to nullify their admission made in the written statement and if such amendments are allowed, it will amount to wiping out the admission already made by the defendant in the written statement and further contending that the amendment sough...
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R.B. Misra, J.1. Heard Mr. C. Chakraborty, learned Counsel for the petitioner. Also heard Mr. B. Debnath, learned Counsel for the opposite-party. At the request of the learned Counsel for the petitioner, in the facts and circumstances this petition is being disposed of at the admission stage itself.2. The present Civil Revision Petition has been preferred under Article 227 of the Constitution of India against the order dated 24-1-2007 passed by the learned Judge, Family Court, Agartala, West Tripura in T.S. (Divorce) No. 228 of 2008 indicating that a title suit for divorce was to be presented in the form of the plaint and since the relief claimed through such petition is declaratory in nature, therefore, the court-fee of Rs. 20/- has to be paid under the Court Fees Act, 1870 (for short 'Court Fees Act').3. The petitioner presented a petition, i.e. T.S. (Divorce) No. 228 of 2006, before learned Family Court on 18-5-2006 under Section 13(1)(1a) of the Hindu Marriage Act, 1955 (in short ...
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U.B. Saha, J.1. These writ appeals are directed against the common judgment and order dated 06.07.2000 passed by the learned single Judge of this Court in WP (C) No. 235 of 2000.2. Heard Mr. Soumik Deb, learned Counsel for the appellants/claimants and also heard Mr. P. Goutam and Mr. K. Bhattacharjee, learned Counsel appearing for the respondent-writ petitioners, Oriental Insurance Company, in the aforesaid two writ appeals respectively.3. At the outset, the learned Counsel for the writ petitioners/respondents submits that the only question involved in this matter which requires to be answered by us is as to whether an LPA/writ appeal preferred against the judgment and order of a learned single judge passed under Article 227 of the Constitution setting aside the award of compensation passed by the learned Motor Accident Claims Tribunal (for short, 'MACT') having no jurisdiction, completely perverse, nullity and also contrary to the prescription by the MV Act, is maintainable or not; a...
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