Court : Guwahati
B.D. Agarwal, J.1. The writ petitioner was initially arrested on 02.08.2007 in connection with Tengnoupal Police Station Case No. 14(8)2007. While the petitioner was still in police custody, he was shown arrested in connection with Singjamei P.S. Case No. 135(5) of 2007 Under Section 326/34 of the Indian Penal Code read with Section 25(1-B) of Arms Act read with Section 20 of the Unlawful Activities (Prevention) Act, 1947. While the petitioner was still in police custody, he was brought under provisions of National Security Act, 1980 vide order No. CRIL/NSA/No. 39 of 2007 dated 14.08.2007 issued by the District Magistrate, Imphal West, Manipur. This order is under challenge in the present writ petition, which has been filed by the detenu himself under Article 226 of the Constitution of India.2. We have heard Shri Kh. Mani, learned Counsel for the petitioner and Shri R.S. Reisang, learned Addl. Govt. Advocate for the respondents No. 1 and 2 as well as Shri C. Kamal, learned Assistant S...
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T. Nandakumar Singh, J.1. The challenge in the present writ appeal is to the judgment and order of the learned Single Judge dated 27.09.06 passed in WP (C) No. 514/04 filed by the Principal-Respondents (Writ Petitioners), wherein and whereunder the learned Single Judge quashed the final seniority list dated 15.01.2000, as on 15.01.2000, of the Assistant Directors of the Directorate for Development of Tribals and Scheduled Castes only on the sole ground that it was issued in violation of the principles of natural justice.2. Heard Mr. Kh. Tarunkumar, Singh, learned Counsel appearing for the appellant, Mr. R.K. Nokulsana, learned Senior counsel assisted by Mr. R.K. Milan appearing for the Principal-respondents (writ petitioners) and also Mr. R.S. Reisang, learned Govt. Advocate appearing for the Proforma-respondents.3. The core questions to be answered in the present writ appeal are: (1) Whether the principles of natural justice would be only 'useless formality' in the facts and circumst...
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U.B. Saha, J.1. This revision petition under Article 227 of the Constitution has been filed calling in question the legality, correctness and validity of the order dated 25th September, 2007 passed by the Sole Arbitrator in an arbitration proceeding between the parties.2. Heard Mr. S. N. Mitra, learned Counsel who appeared along with Mr. D. Jain, learned Counsel and Mr. R. Dutta, learned Counsel for the petitioner. Also heard Mr. G S. Das, learned Counsel for the respondent Tripura Jute Mills.3. The brief facts leading to the filing of this writ petition are briefly stated as under:On 7th July, 1994, the petitioner had entered into an Agreement with the respondent, Tripura Jute Mills Ltd. a Government Co. (hereinafter referred to as respondent-Jute Mill) which unless extended was to be expired on 31.7.1999. However, either party to the Agreement is/was at liberty to determine the agreement by giving three months notice. Clause No. 49 of the said agreement is reproduced hereunder:49. A...
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I.A. Ansari, J.1. By making this application under Article 226 of the Constitution of India, the petitioners, who claim that petitioner No. 1 is a private limited company, engaged in the business of development and sale of immovable property, i.e., real estate, have impugned a notice, dated March 6, 2006 issued by respondent No. 3, namely, Superintendent of Central Excise, to the petitioner, whereby the petitioner-company has been asked to get itself registered under Section 69 of the Finance Act, 1994 (hereinafter referred to as, 'the Finance Act, 1994'), inasmuch as the petitioner-company has been, according to respondent No. 3, 'providing commercial or industrial construction service/construction of complex service'. The petitioners challenge the very authority of respondent No. 3 to issue the notice, which stands impugned in the present writ petition, the case of the petitioners being, in brief thus: Petitioner No. 1 is a private limited company engaged in the business of developm...
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T. Vaiphei, J.1. This writ petition is directed against the letter of intent (LOI) dated 23.6.2007 issued by the respondent No. 1 in favour of M/s Lessly Shylla, Nongrimbah, Bolck-K, Liatumkhrah, East Khasi Hills District, Shillong (the respondent No. 2), for finishing & furnishing, operating and maintaining the Crowborough Hotel-cum-Commercial Complex in Shillong.2. The facts giving rise to the writ petition are that the Centre Point Group Enterprises represented by its Managing Director is a consortium of hotel enterprises, which claims to be one of the leading hotels and hospitality chains of Meghalaya and also claims to run a network of business and luxury hotels including Centre Point Hotel, Royal Heritage Tripura Castle at Shillong and Ri Kynjal Resort at Umium. The group is also stated to have a proven track record and expertise and experience in hotel and hospitality industry, and has strong financial resources in terms of net worth, solvency and turnover. The respondent No. 1...
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Reported in : [2008(117)FLR1072]
T.N.K. Singh, J.1. Heard Mr. A. Ahmed, learned Counsel appearing for the appellant as well as Mr. M.H. Rajborbhuya, learned Counsel appearing for the respondent-claimant.2. This appeal against the judgment and award dated 25.6.2002 passed in W.C. Case No. 31 of 2000 of the Commissioner for Workmen's Compensation Zone-III, Tezpur under Section 30 of the Workmen's Compensation Act, 1923 was admitted for hearing on the following substantial questions of law--1. Whether the Commissioner, Workmen's Compensation, Tezpur had jurisdiction to entertain and adjudicate the matter when the place of accident as well as the permanent resident of the claimant is in the district of Nagaon?2. Whether the doctor who has assessed the physical disability of the claimant was capable of doing so while the claimant was treated at Nagaon Civil Hospital and whether such assessment was done in accordance with law?3. Whether the percentage of loss of earning capacity can be treated as a substitute for the percen...
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H.N. Sarma, J.1. This batch of writ petitions having given raise to a common question for adjudication and as prayed for by the learned Counsels appearing for the respective parties, all the petitions are heard analogously and disposed of by this common judgment.2. Heard Mr. T.C. Khatri, learned Senior counsel, Mr. G.N. Sahewalla, learned Senior counsel, Mr. D. Mazumdar, Mr. P.J. Saikia, Mr. D. Das and other learned Counsel appearing for the respective writ petitioners. Also heard Mr. R.K. Bora and Ms. R. Chakraborty learned Additional Senior Government Advocate appearing for the official respondents.3. The basic challenge made in this batch of writ petitions is the jurisdiction and competence of the respondents/authorities to insist for Transit Pass and Transit Challans under the provision of Section 40 of the Assam Forest Regulation to the petitioners in respect of the stone which is being processed in the crushing units, operated by them.4. The essential facts necessary for disposa...
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Jasti Chelameswar, C.J.1. The Presidential proclamation dated 03.01.2008 under Article 356(1) of the Constitution of India imposing President's Rule and keeping the Assembly under suspension in the State of Nagaland has been put to challenge in the present writ petition. Intricate questions in un-chartered fields, notwithstanding the pronouncement of the Apex Court in Rameswhar Prasad v. Union of India : AIR2006SC980 and Clause (R. Bommai v. Union of India : [1994]2SCR644 , have arisen for our consideration in the present case. Before we proceed to make the required determination the relevant facts and circumstances giving rise to the Presidential notification will be required to be noticed by us.2. On 26.2.2003 elections were held to the 60-member Nagaland Legislative Assembly. On 6.3.2003 the Democratic Alliance of Nagaland (DAN) formed a coalition government with Sri Neiphiu Rio as the Chief Minister. The alliance had the support of 43 members - 32 from the Nagaland Peoples Front (...
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Ranjan Gogoi, J.1. In a vernacular daily 'Ajir Dainik Batori' published from Guwahati dated 10.8.2005, the following news item (translated version) was published:Even Hon'ble Judge is in Himanta Biswa's grip.Sensational appeal in Gauhati High Court Staff ReporterGuwahati, August 9,-AP.I.L filed in the Gauhati High Court which is a testimony (testify) how Himanta Biswa Sarma, Minister of the State for Finance, Planning and Agriculture, Assam, who has gradually become impudent because of blind support from Chief Minister Tarun Gogoi, is trying to corrupt (desecrate)even the interior of Hon'ble Court, has vigorously shaken the conscious section of the people in the State. According to a copy of this petition that has reached us this tainted young minister not only caused disappearance of the records of two serious cases registered at Chandmari PS but was also been able to misguide a judge by his political influence. As per information that have reached us, a case was registered against H...
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B.K. Sharma, J.1. All the writ petitions pertain to eviction notices issued against the petitioners who are the Chakma refugees who had come from Chittagong Hill tracts of erstwhile East Pakistan, now Bangladesh. Since the writ petitions are based on more or less same set of facts and the issue raised is also the same, they have been heard together and are being disposed of by this common judgment and order.2. As per the statements made in the writ petitions, the petitioners are the Chakma refugees who came to India as refugees from the erstwhile East Pakistan. It is their case that after their initial shelter in different places in India, eventually they were rehabilitated in the then North East Frontier Agency (NEFA), now Arunachal Pradesh. They have also mentioned about Miao refugee camp in which they took shelter in the year 1964.3. Further statements made in the writ petition is that as per the request made by various departments of the State, they started plantation in different...
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