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Bibekananda Das Vs. State of Assam and ors.

Court : Guwahati

Subject : Service

Acts : Constitution of India - Articles 14, 16, 31(2), 32, 162, 226 and 309; Assam Police Service Rules, 1966 - Rules 2, 4, 4(1), 5, 5(1), 5(1)(6), 6, 7, 7(1), 7(4) to 7(7), 8, 8(1), 8(1)(6), 8(2), 10, 13, 14, 18, 18(1), 19, 22, 23, 29 and 56; Assam Police Service (Recruitment) Rules - Rule 5(1); Assam Executive Business Rules, 1968 - Rules 10(1), 10(2) and 17; Assam Administrative Tribunal Act, 1977 - Sections 4, 4(1), 4(2), 5 and 5(1); Assam Police Service Regulations - Regulation 3, 3(1) and 3(4A); Limitation Act; Kerala General Sales Tax Act - Sections 8 and 10; Residuary Rules - Rule 3; Jammu and Kashmir Public Service Commission (Limitation of Functions) Regulations, 1957 - Regulation 4; Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 - Rules 5, 23 and 37;

Advocate for Appellant : N. Dutta, B.R. Bhattacharjee, H.N. Sharma, G.N. Sahewalla, B.P. Kataki, K.P. Pathak and K.N. Choudhury, Advs.

I.A. Ansari, J.1. Our constitutional scheme for governance is based on the rule of law. Absence of arbitrary power, as the Apex Court observed in S.G. Jaisinghani v. Union of India and Ors. : [1967]65ITR34(SC) ,...

Union of India (Uoi) and ors. Vs. Hari Ram

Court : Guwahati

Subject : Criminal

Acts : Central Reserve Police Force Act, 1949 - Sections 10, 16(2) and 303; Code of Criminal Procedure (CrPC) - Sections 303 and 374; Constitution of India - Article 22(1)

Advocate for Appellant : P.N. Choudhury, Adv.

A.H. Saikia, J. 1. The Assistant Commandant/Judicial Magistrate 1st Class of 87 Bn. Central Reserve Force Police (hereinafter referred to as 'the CRPF') by this order dated 17.2.1988 in Case No. 1/88 convicted the respondent under...

Arambam Kameswar Singh Vs. District Magistrate and ors.

Court : Guwahati

Subject : Constitution

Acts : National Security Act, 1980 - Sections 3(3)

Advocate for Appellant : K.N. Choudhury, I. Choudhury, S. Das and J. Patowary, Advs.

P.P. Naolekar, C.J.1. Heard Mr. K. N. Choudhury, learned senior counsel for the petitioner Shri C. Choudhury, learned senior CGSC and Md. Jalaluddin, learned GA, Manipur.2. The detention order under the National Security Act, 1980 has...

Union of India (Uoi) Vs. Sh. H. Thauamvela and anr.

Court : Guwahati

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5

Advocate for Appellant : P.N. Choudhury, Addl. CGSC

A.H. Saikia, J.1. Heard Mr. P.N. Choudhury, learned Addl. CGSC for the applicants. Also heard Mr. Michael Zo Thankhuma, learned counsel for the Respondents.2. This is an application preferred by the Union of India, supported by...

Alok Debroy and anr. Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 302 and 304; Evidence, 1872 - Sections 3

Advocate for Appellant : J.M. Choudhury, A.K. Bhattacharjee, P. Kataky, B. Singh and N. Choudhury, Advs.

Amitava Roy, J. 1. The appellants, four service men of the State Police Service have been indicted, tried and convicted for causing the death of one Bhrigu Malakar alias Bibhuti Malakar alias Kere (thereinafter referred to...

Asom Kumar Das Vs. Nilima Rajbongshi

Court : Guwahati

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Advocate for Appellant : K.N. Choudhury and P. Bhowmick, Advs.

Amitava Roy, J. 1. This is an application under Section 482 CrPC for quashing the proceeding of CR Case No. 360/96 under Section 354/506 of the IPC pending in the Court of Judicial Magistrate, 2nd Class,...

Gopal Prasad Kalowar Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 167(5); Assam Liquor Prohibition Act - Sections 4

Advocate for Appellant : Mr. N. Choudhury, Adv.

1. This Revision petition is directed against the order dated 15.7.1993 passed by the learned Additional Sessions Judge, Dhubri on Criminal Appeal No. 3(1) of 1993 affirming the conviction and sentence passed by the learned CJM...

Kaziranga Tobaco Products Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

Subject : Excise

Acts : Constitution of India - Article 226; Industries (Development and Regulation) Act, 1951

Advocate for Appellant : Ashok Desai, P.K. Goswami, G.N. Sahewalla, A.K. Saraf, A.K. Goswami, P. Bora, Md. Aslam, S.K. Agarwalla, K.K. Gupta, T. Baidya, S. Saikia, D. Baruah, S. Senapati, S. Sarma, A.N. Choudhury, U. Bhattach

P.G. Agarwal, J.1. This batch of 23 writ petitions are disposed of by this common judgment and order.2. We have heard Shri Ashok Desai, Sr. Advocate, Shri P.K. Goswami, Sr. Advocate, Shri G.N. Sahewalla, Sr. Advocate,...

Gopal Prasad Kalowar Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Section 167(5);; Assam Liquor Prohibition Act - Section 4

Reported in : 2001CriLJ2678

Advocate for Appellant : Mr. N. Choudhury, Adv.

1. This Revision petition is directed against the order dated 15.7.1993 passed by the learned Additional Sessions Judge, Dhubri on Criminal Appeal No. 3(1) of 1993 affirming the conviction and sentence passed by the learned CJM...

Bibhu Charan Barua Vs. Nani Gopal Deva Goswami

Court : Guwahati

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 2(16), 94, 115 and 151 - Order 39, Rules 1 and 2 - Order 43, Rule 1; Specific Relief Act, 1963 - Sections 6; Transfer of Property Act - Sections 52

Advocate for Appellant : K.N. Choudhury, Adv.

H.N. Sarma, J.1. Heard Mr. K.N. Choudhury, learned senior counsel for the appellant and Mr. A. Sarma, learned Counsel for the sole respondent.2. In this appeal, the impugned order dated 31.5.2005 passed in Misc. Case No....