Guwahati Court February 1987 Judgments
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Phatik Chandra Gogoi Vs. State of Assam
Court: Guwahati
Decided on: Feb-20-1987
Srivastava, J.1. This is an appeal against the judgment dt. 28-4-1983 passed by the Additional Sessions Judge, Sibsagar, whereby the appellant was convicted under Section 302 I.P.C. and sentenced to imprisonment for life,2. The prosecution case was that on 24-8-80 at about 5.30 p.m. accused Phatik Chandra Gogoi had caused the death of Dina Sangmai of his village, by inflicting injuries with a dao. The accused had been taken to the Police Station by the informant Hiteswar Gogoi who had lodged the Ejahar at 8 p.m., the same day. S. I. Badaruddin Ahmed investigated the offence, visited the house of the accused who produced a dao. The accused made a confessional statement before the Judicial Magistrate Sri K. Ahmed on 26-8-80. After completion of the investigation, charge-sheet was submitted.3. At the trial, the appellant had pleaded not guilty to the charge. The prosecution had examined P.W. 1 Dr. N. Ahmed who had performed autopsy on the body of deceased Dina Nath Shangmai on 25-8-80. ...
Dilip Mazumdar Vs. Bhaben Das and ors.
Court: Guwahati
Decided on: Feb-11-1987
K.N. Saikia, Actg. C.J.1. Heard the learned Counsel for the petitioner Shri B.K. Das as well as Shri A.K. Bordoloi, learned Counsel for the respondent No. 1. Heard also Shri B.P. Bora, learned Government Advocate, Assam.2. The petitioner impugns the judgment and order of the State Transport Appellate Tribunal dated 14-6-83 whereby the permit granted to the petitioner by the Regional Transport Authority, Dhubri was set aside and given to the respondent No. 1. In the impugned order, the learned Tribunal observed that after carefully considering the merits of the three appellants there was hardly any scope to interfere with the decision of the Regional Transport Authority, Dhubri in the matter of allotment of permits. However, the Tribunal found that the father and the brother of the petitioner, who was respondent No. 5 before the Tribunal, also had periodic permits in respect of the routes within the district and that they had been plying their buses and that by granting another permit ...
Guru Nanak Saw Mill Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-09-1987
Saikia, Actg. C.J. 1. This Civil Rule is taken up for hearing as agreed by the learned counsel for all the parties.2. The petitioner took one plot of land on lease from the predecessor-in-interest of Respondents 5 to 11 sometime in 1966 for the purpose of setting up and running a saw mill, incurred considerable expenses and applied for a saw mill licence. The Divisional Forest Officer, Nowgong Division, Nowgong granted a licence vide Annexure 'A' to this petition. The Licence No. NG/7 dated 16-1-67 was initially valid up to 31-3-80. The licence has been renewed from time to time and the last renewal was up to 31-3-86, as endorsed on the back of the licence. On 29-3-86 the respondent No. 3, that is die Divisional Forest Officer, Nowgong, asked the petitioner to submit documents regarding the plot of land whereupon the mill was situated. This letter ex facie refers to another letter of the Divisional Forest Officer dated 24-2-86, but the same has not been produced by the petitioner bef...
Debraj Ojah Vs. Mahendra Nath Barman and anr.
Court: Guwahati
Decided on: Feb-06-1987
T.C. Das, J.1. By this common judgment we propose to dispose of the two appeals as they stem from a common award of the Motor Accident Claims Tribunal in M.A C. Case No. 27(K)/72 and MAC. Case No. 104(K)/72 and Ors. Both the appeals contain similar facts involving similar questions of law. Debraj Ojah is the appellant in both the cases though the respondents are different. The appellant is the owner of ill-fated bus No. ASK 7486 which was involved in an accident on 8-2-70 at Sa-raighat Bridge, Gauhati. On the fateful day the bus loaded with passengers to its capacity proceeded from Rangiya towards Gaubati and while taking a turning on the approach of the northern side of the Saraighat Bridge, it dashed against the approach iron railing of the bride and fell down on the railway line below and then on the river side ground as a result of which the inmates of the bus received serious injuries. The respondent of M.A.F. No. 54/77 Shri Ganeshlal Das and the respondent of M.A.F. No. 52/77 Sh...
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