Guwahati Court November 1994 Judgments
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Shri Jogen Das and ors. Vs. State of Assam
Court: Guwahati
Decided on: Nov-30-1994
J. Sangma, J.1. The questions that fall for the determination in these appeals are : (1) whether Jitan Das (the appellant in Criminal Appeal No. 173(J)/93) could be convicted on the basis of the confession which he retracted and (2) whether Jogen Das, Gurucharan Das and Betharam Das (3 appellants in Criminal Appeal No. 147/93) could also be convicted on the basis of the disclosures made in the confession of Jiten Das.2. The case for prosecution was as follows : At 8.45 a.m. on 20-8-88, Dambaru Hazarika of village Metera Gaon (P. W. 1) lodged FIR (Ext. 1) at Sotea P. S. stating that at 6. 30 p.m. of 18-8-88 his 14 year old son, Jayanta Hazarika, went with Debo Hazarika of his village to Sotea Centre for sewing cloth but did not return home; and that after vigorously searching for 3 days he found his deadbody from a road side drain at Gareki gaon. He stated that he suspected murder by some one. On this FIR Sotea P. S. registered a case No. 68/88 under Section 302, I. P. C., on 20-8-88. ...
State of Assam and anr. Vs. Niranjan Ghosh
Court: Guwahati
Decided on: Nov-29-1994
M. Sharma, J.1. Both the criminal revisions No. 263/94 and criminal revision No. 336/94 have been preferred by the State of Assam and Mr. Niranjan Ghosh against the judgment and order dated 17-5-94 passed in Special Case No. 7(A)/94 (ACB PS Case No. 22/89) by the Special Judge, Assam and for quashing the proceedings in Special Case No. 7(A)/ 94 (ACB PS Case No. 22/89) pending in the Court of the Special Judge, Assam, Gauhati.2. Both the revision petitions have been taken together for disposal as both involve same question for decision and both have arisen from the same impugned judgment and order.3. The prosecution story in the case was that the Government of Assam by order No. EDB-271/87/ 159 dated 30-11-88 directed the State Co-operative Marketing Consumers Federation Ltd (referred as STATFED), Assam to procure 1.8 lack tonnes of levy free rice. The executive committee of Statfed fixed up modalities for supply of rice by different suppliers. Accordingly by an order dated 26-12-88 M/...
Gobinda Chandra Bora Vs. Amal Kumar Barpujari
Court: Guwahati
Decided on: Nov-29-1994
M. Sharma, J.1. This revision petition has been preferred by the petitioner for quashing the proceeding of the complaint case being case No. 571C/94 pending before the Judicial Magistrate, Ist Class, Guwahati.2. On 17-5-94 the opposite party as complainant filed a complaint before the Chief Judicial Magistrate, Kamrup alleging that the complainant purchased a Maruti van bearing registration No. AS-01 / C-2406 from the petitioner for a price of Rsupees 1,20,000/-, on 18-10-93 and on 26-10-93 the said van was registered in the name of Smt. Monideepa Barpujari, the wife of the complainant. Further allegation is that the petitioner came to the residence of the opposite party complainant at about 11-30 a.m. on 2-5-94 and informed him that a team of Madhya Pradesh Police has come to Guwahati to verify the records in DTO Office and the said team had already taken stock of the records. That on the same day the said police came to his residence and seized the van, keys and RC book and took the...
Ganesh Jadav S/O Lt. Haridhar Jadav and ors. Vs. State of Assam
Court: Guwahati
Decided on: Nov-10-1994
J. Sangma, J.1. These four Jadvs (Ganesh, Prodip, Prokash and Mohesh) brought this appeal from the judgment dated 28-9-92 of Sri IA Ansari, Sessions Judge, Karimganj, in Sessions Case No. 33/90 convicting Under Section 302/34, I.P.C. and sentencing each of them to RI for life. They are serving the sentence in jail.2. At 12.15 PM of 2-7-85 PW-2 (Bechan Jadav) lodged an FIR which, in short, was as follows :At 6/6.30 a.m. of today, the 2nd Tuesday of July 1985, while my paternal uncle's sons- Rama Shankar Jadav and Uma Shankar Jadav were returning from their paddy field and reached near Maguracherra, the appellants and one son of Mohesh Jadav formed unlawful assembly and assaulted them with lathi jatha etc. killing Uma Shankar at the spot and grievously injuring Rama Shankar who, with injuries, fled away from the place to save his life. After sending the injured Rama Shankar to Karimganj Civil Hospital I have now lodged this ejahar at the PS for taking necessary steps.Sd/- Bechan Jadav.3...
Kanak Chandra Sarma Vs. Board of Secondary Education, Assam, Guwahati ...
Court: Guwahati
Decided on: Nov-07-1994
1. This review application has been filed to review the Judgment and Order dated 24-2-1994 passed in Civil Rule No. 3407 of 1991. The report of the Stamp Reporter shows that the petition is barred by limitation for 102 days and the learned Advocate did not file any application for condonation of delay. 2. I have heard Sri P.G. Baruah, learned Advocate for the petitioner and Dr. H. Das, learned Advocate for the respondents. 3. On the question of limitation Sri Baruah submits that in an application for review of the judgment under Article 226, the limitation provided by Article 124 of the Limitation Act does not apply.4. Article 124 of the Limitation Act provides as follow:Description of application.period of limitation.Time from which period begins to run.124.For a review of judgment by a court other than the Supreme Court.Thirty days.The date of the decree or order. In 1963 a legislative change was brought by which the present Article 124 was introduced containing the provisions of A...
South Kamrup (Meghalaya) Timber Merchant Association, Mirza and anr. V ...
Court: Guwahati
Decided on: Nov-07-1994
J.N. Sarma, J. 1. Civil Rule No. 455 of 1987 has been filed by South Kamrup (Meghalaya) Timber Merchant Association, Mirza. It is a registered body under the Societies Registration Act, having its registered office at Mirza. It was registered in the year, 1986. The members of the petitioner Association are detailed in Annexure-II to the writ application and 71 in numbers as follows:1. Sri Prasanna Kalita1. ' Radhika Prasad Choudhury3. ' Gobinda Kalita4. ' Bishnu Kalita5. ' Prabin Das6. ' Dambaru Chetry 7. ' Ram Kumar Chetry8. ' Bilash Mohanta9. ' Umesh Baruah10. ' Subodh Das11. ' Amulya Kalita12. ' Gopinath Das13. ' Atul Choudhury14. ' Jatin Kalita15. ' Pradip Goswami16. ' UdayMedhi17. ' Bhumidhar Kumar18. ' Jogen Kalita19. ' Binandi Majumdar20. Sri Basan Thakuria21. ' BharatKatita22. ' Bishoy Kumar23. ' Ballen Khataniyar24. ' Pulin Majumdar25. ' Rajen Nath26. ' Dinesh Choudhury27. ' Umesh Choudhury28. ' Hiren Das29. ' Gopal Kalita30. ' Bhuban Kalita31. ' Krishna Baruah32. ' Putul Sa...
Jay Ram Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-07-1994
J.N. Sarma, J.1. This application under Article 226 of the Constitution of India has been filed praying for the following relief:(i) to quash the impugned order dated 8.2.1991 (Annexure 'G') to the writ application and for a further direction not to give effect to the aforesaid impugned order.(ii) for a direction to pay ex gratia grant of Rs. 1,00,000/- to the petitioner.Annexure 'G' to the writ application as quoted below:Reference to the above subject, I am directed to say that late Gopendra Kalita, L.D.A. in your establishment died in an accident caused by bomb blast planted by extremists while coming to the office. It is seen that he was not killed directly by extremists and there is no document to prove that he was the aim of the extremists. The claim of Jay Ram Das, father of late Gopendra Kalita, for ex gratia grant, therefore, does not come within the purview of Finance Deptt's O.M. dated 14.6.1985 and 9.8.1989. In view of this Government regrets its inability to agree to the...
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