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Guwahati Court June 1997 Judgments

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Jun 20 1997

Subhas Chandra Bhowmik and ors. Vs. Smt. Kalyani Bhowmik (Nag) and ors ...

Court: Guwahati

Decided on: Jun-20-1997

Das, J.1. This appeal is directed against the judgment and decree dated 16-5-1991 passed by the learned Subordinate Judge, West Tripura, Agartala in Title Suit No. 16 of 1987 decreing the suit of the plaintiffs for partition. The plaintiffs who are the respondents here filed the suit for declaration of their right, title and interest in the lands described in the schedules to the plaint (hereinafter referred to as the suit land) and for partition of the same.2. We have heard Mr. O.K. Biswas, the learned counsel appearing on behalf of the appellants and Mr. M. Nath, the learned senior counsel appearing on behalf of the respondents.3. The case of the plaintiffs may, briefly, be stated as under :--The plaintiff No. 1 Smt. Kiran Bala Bhowmik is the wife of Late Kshetra Mohan Bhowmik and plaintiff Nos. 2-5 arc the daughters of Late Kshetra Mohan Bhowmik and plaintiff No.6 is the grand son of Late Kshetra Mohan Bhowmik. The defendant No. 2 who is appellant No.1 herein is the son of Late Ksh...


Jun 19 1997

Tripura Fibre Glass Industries and anr. Vs. State of Tripura and ors.

Court: Guwahati

Decided on: Jun-19-1997

N.G. Das, J. 1. The petitioner No. I which is a Proprietor ship concerned named 'Tripura Fibre Glass Industries' and petitioner No. 2 who is the owner of the aforesaid Proprietorship concern have'prayed for the issue of a writ of mandamus directing the respondents to disburse all the amounts that fell due to the petitioner in accordance with the assurance and promises made by the respondents in connection with the Tripura Fibre Glass Industries including the balance amount ofthe term loan to the petitioners and the amounts sanctioned to the petitioners by way of capital, investment subsidy. 2. The case of the petitioners is that in order to set up a Fibre Glass manufacturing unit in the State of Tripura, the petitioner No. 2 after obtaining necessary registration applied to the respondent Nos. 2 and 3 for allotment of land to set up the aforesaid industry. The respondent Nos. 2 and 3 made the provisional allotment of a plot measuring Order 135 acres in the D-Block of the industrial ...


Jun 17 1997

Raghvendra Awasthi Vs. State of Assam

Court: Guwahati

Decided on: Jun-17-1997

Reported in: 1998CriLJ1159

1. This is an application for granting anticipatory bail to the petitioner as he apprehends that he may be arrested by police in connection with Golaghat P. S. Case No. 140/97 under Sections 120B/365/343/325/302/201, I.P.C.2. This is a case of alleged police atrocities and custodial death. At the time of occurrence the petitioner was the Superintendent of Police of Golaghat District, Assam. He is a member of the Indian Police Service in the joint cadre of Assam and Meghalaya. He was Superintendent of Police Golaghat District from June, 1994 to January, 1996. Thereafter he was transferred to Guwahati as Superintendent of Policc-cum-Fire Service Adviser, Assam. He is now under suspension due to pendency of the aforesaid criminal case.3. The case, in short, is that in 14-10-95 issue of 'Asomiya Pratidin', an Assamese daily, a news was published under the caption "Death due to police torture" and the said news reads as under:Pratidin ServiceGolaghat 13th October: The death of a youth in th...


Jun 17 1997

Raghvendra Awasthi Vs. State of Assam

Court: Guwahati

Decided on: Jun-17-1997

Reported in: 1998CriLJ1159

ORDERS.B. Roy, J. 1. This is an application for granting anticipatory bail to the petitioner as he apprehends that he may be arrested by police in connection with Golaghat P. S. Case No. 140/97 under Sections 120B/365/343/325/302/201, I.P.C.2. This is a case of alleged police atrocities and custodial death. At the time of occurrence the petitioner was the Superintendent of Police of Golaghat District, Assam. He is a member of the Indian Police Service in the joint cadre of Assam and Meghalaya. He was Superintendent of Police Golaghat District from June, 1994 to January, 1996. Thereafter he was transferred to Guwahati as Superintendent of Policc-cum-Fire Service Adviser, Assam. He is now under suspension due to pendency of the aforesaid criminal case.3. The case, in short, is that in 14-10-95 issue of 'Asomiya Pratidin', an Assamese daily, a news was published under the caption 'Death due to police torture' and the said news reads as under:Pratidin ServiceGolaghat 13th October: The deat...


Jun 05 1997

Smt. Nili Choudhury Vs. State of Assam and ors.

Court: Guwahati

Decided on: Jun-05-1997

J.N. Sarma, J.1. This writ application has been filed challenging the notification dated 20-11-96 issued by the Joint Secretary to the Government of Assam, Education Department in exercise of the power under Rules 2 and 3 of the Government Aided College Management Rules, 1976 constituting a Special Body for Banikanta Kakalt College, Nagaon, District Barpeta and dissolving the earlier Governing Body constituted vide order dated 20-12-94.2. The petitioner herein is a member of the earlier Governing Body of Bani Kama Kakati College, Nagaon. On 2-12-94 the Director of Public Instruction, Assam, Kahilipara, Guwahati-19, reconstituted a Governing Body for the aforesaid College Vide Annexure-A. Thereafter by the impugned Notification, Annexure-B, earlier Governing Body was dissolved and a new Body was constituted. It is the legality and validity of this order which has been challenged in this writ application.3. I have heard Shri B.K. Sharma, learned Advocate for the petitioner, Shri. H.N. S...


Jun 05 1997

Samir Saha and anr. Vs. State of Tripura

Court: Guwahati

Decided on: Jun-05-1997

N.G. Das, J.1. This is an application in revision by Shri Samir Saha and Shri Tuku Mia whose conviction and sentence under Section 363 and 365 of IPC have been upheld by learned Sessions Judge, South Tripura, Udaipur with modification to the extent that both the petitioners are to suffer rigorous imprisonment for six months for each of the offences punishable under Sections 363 and 365 of IPC. The sentences were, however, ordered to run concurrently.2. The case of the prosecution, so far as it is now material, may be summarised briefly as follows :-On 19-5-1996 at about 7/8 p.m. Smt. Siha Debnath who is the resident of village No. 3 Kshudiram Pally under Birganj Police Station proceeded a certain distance along with her friend just to see her off. But while coming back it was alleged, the petitioners along with two others called her to say something and as they are known persons Smt. Debnath went near them. But no sooner had she gone near them than the petitioners along with their ass...


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