Court : Guwahati
Decided on : Jun-26-2007
..... that communication of the acceptance of resignation subsequent to withdrawal of the resignation by the employee had become redundant was held improper.18. in : (2005)8scc314 (srikantha s.m. v. bharath earth movers ltd.) the supreme court observed that:employee resigning and seeking to be relieved as per rules. ..... .) decided on 9.4.2007 has observed that government servant functionary who cannot under his condition of service or office by his own unilateral act of tendering resignation gives up his service' or office then normally the tendering of resignation becomes effective and his service or office tenure get ..... learned advocate. heard mr. a. ghosh, learned counsel for the respondents.2. the present writ appeal have been preferred against the order dated 01.07.2005 passed in writ petition 115 of 2001 (dr. sadhan datta, appellants v. the state of tripura, respondents) where by the letter of resignation of ..... stated therein that 'a 'resignation' of a public office to be effective must be made with an intention of relinquishing the office accompanied by an act of relinquishment.'. in the ordinary dictionary sense, the word 'resignation' was considered to mean the spontaneous relinquishment of one's own right, as conveyed ..... the hospital.(d) reliance has been placed on the decision of the supreme court in (punjab national bank v. p.k. mittal) 1989 supp (2) scc 175 where a permanent officer of the punjab national bank sent a communication to the bank by which he purported to resign from a .....Tag this Judgment!
Court : Guwahati
Decided on : Oct-16-2007
..... . : (1980)iillj459sc , anoop jaiswal v. government of india and anr. : (1984)illj337sc , the registrar. high court of madras v. r. rajiah : air1988sc1388 , ishwar chand jain v. high court of punjab and haryana and anr. : air1988sc1395 , babu lai v. state of hatyana and ors. : (1991)iillj327sc , krishnadevaraya education trust and anr. v. l.a. balakrishn : 1scr387 , and municipal corporation, ..... informed him that no charge sheet or final report had till then been laid in the police case.52. it further transpires from the records that thereafter on 5/3/2005, one akhtar hussain submitted a complaint against the petitioner before the district and session judge, morigaon, alleging demand for illegal gratification in connection with lahorighat p.s. case no ..... are cogent and relevant justifying the discharge of a probationer, mere omission to mention the same in the order would not necessarily be fatal if taken note of and acted upon by the authority concerned. the sequence of events noticed hereinabove and the relevant facts available before the administrative committee proclaim that its resolution followed a well articulated deliberations ..... they automatically became confirmed under the said rules, the apex court reiterated its view in sukhbans singh, surpa, and concluded that even though a probationer may have continued to act in the post to which he was appointed on probation, he could not become a permanent servant merely because of efflux of time, unless the rules of service which .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-07-2007
..... municipal co. ; robutson v. minister of pensions (1949) 1 king's bench 227. see also motilal padampat sugar mills co. ltd. v. state of up ; state of punjab v. nestle india ltd. (2004) 136 stc 35; shri guru ashish wire industries v. state of gujarat (1994) 92 stc 286, suprabhat steels ltd. v. state of ..... petition, in terms of the claim for payment of unpaid dues of the writ petitioner, a cheque was issued by the respondent concerned on 19.4.2005. however, when the cheque was presented to the bank, the same was dishonoured for insufficiency of funds. it is in these circumstances that the writ ..... the court if the terms are in themselves arbitrary, discriminatory, mala fide or actuated by bias. (see also sumeet enterprises v. union of india and ors. (2005) 4 glt 227).18. in short, the merits of a particular term or condition, incorporated in a notice inviting tender, is not open to judicial review, ..... dues, a single bench, in jatin pathak v. state of assam and ors. wp(c) no. 3354/2004, (which was decided on 31.5.2005), observed and directed as follows:.in a contempt proceeding registered as contempt case no. 5/2000, the departmental commissioner and special secretary has filed an affidavit pursuant ..... collected from a dealer, was declared by a competent court to be invalid in law, the payment of tax already made would be one made under a mistake within the meaning of section 72 of the contract act and, hence, the government to whom the payment has been made, by mistake, must, in law, repay .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-02-2007
..... legally elected rangbah shnong (headman) of bishnupur, kenchs' trace, shillong, who had a received letters dated 18.11.2003 and 25.11.2005 from the acting syiem to convene durbar failing which he was directed to authorize three persons to convene the village durbar. being aggrieved with the above two letters ..... is void if it stipulates for automatic termination of services of an absenting employee after expiry of a stipulated period [in the light of the decision in punjab land development and reclamation corporation ltd. v. presiding officer, labour court and ors. : (1990)iillj70sc ; gujarat state road corporation and anr. v ..... of cases in its paragraphs 12 and 14 has observed as indicated below:12. constitution benches of this court in k.s. rashid and son v. income tax investigation commission, sangram singh v. election tribunal, kotah, union of india v. t.r. varma, state of u.p. v. mohd. nooh and ..... petitioner has placed reliance on the decision of the supreme court in up state spinning co. ltd. v. r.s. pandey and anr. : (2005)8scc264 , where it has been observed that high court should not entertain a writ petition under article 226 of the constitution when statutory remedy is available ..... , the petitioner preferred writ petition no. 423 of 2005 (dorbar shnong, bishnupur, kenchs' trace and anr. v. acting syiem and ors.) which was adjudicated by this court which this court was also impressed upon by the respondents that .....Tag this Judgment!