Guwahati Court November 1998 Judgments
Manik Debnath Vs. State of Tripura
Court: Guwahati
Decided on: Nov-25-1998
P.C. Phukan, J. 1. This is an appeal directed against the judgment and order dated 14-5-1997 passed by the learned Assistant Sessions Judge No. 1, West Tripura at Agartala in case No. ST (WT/A) 113 of 1996 convicting the accused-appellant under Section 376, IPC and sentencing him thereunder to simple imprisonment for 8 (eight) years.2. On the night of 17-5-1993 at 1-20 a.m. an FIR was lodged at East Agartala Police Station by Smt. Anita Saha to the effect that around midnight at about 12-30 a.m. the accused Manik Debnath jumped on her, gagged her mouth with cloth and raped her forcibly. Although she raised alarm, due to heavy shower no one could hear her alarm. She informed her neighbours about the incident soon after the accused left the place after committing rape on her. On receipt of the FIR, the police registered a case under Section 376, IPC against the accused and on completion of investigation charge-sheeted him under Section 376, IPC. The learned Magistrate committed the case...
Tag this Judgment!Kajal Chandra Deb Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Nov-17-1998
Phukan, J. 1. The appellant filed an appeal petition under Order 43 Rule l(t) of C. P. C. against the order dated 13-7-1988 passed by the learned single Judge in Civil Misc. Case No. 17 of 1998 refusing under Order 41 R. 19, C. P. C. to readmit the Second Appeal No. 1 of 1992 which was dismissed for default under Order 41 R. 17 on 18-2-1998. 2. Although the appeal petition was filed as far back as 12-8-98, it was not registered and numbered till this Court by an order dated 5-11-98 directed: 'The Civil Misc. case filed on 12-8-98 is converted to a L. P. Appeal and be numbered accordingly. The question of limitation and maintainability of the L, P. Appeal, however, is left open to be decided by the appropriate Division Bench.' 3. As a matter of fact, there was no question of converting any civil miscellaneous case into a Letters Patent appeal, for no civil misc. case was ever registered and numbered except that the title page and the first page of the order sheet of the case record b...
Tag this Judgment!Government Pensioners' Association Vs. Sashi Prakash and Anr.
Court: Guwahati
Decided on: Nov-04-1998
A.K. Patnaik, J. 1. This is an application under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 for initiating contempt proceedings against the respondents for wilful disobedience of the judgment and order dated 22-4-97 passed by the learned single Judge of this Court in Civil Rule No. 259/95.2. In Civil Rule No. 259/95 filed by the petitioner-Association on behalf of the State Government pensioners, the petitioner had prayed for a writ of mandamus on the State-respondents to pay Dearness Relief at the rate applicable to Central Government Pensioners and by judgment and order dated 22-4-97, the learned single Judge allowed the writ petition and directed the respondents to pay the State Government pensioners Dearness Relief at the rate applicable to the Central Government pensioners. In the said judgment and order, the learned single Judge also found that as on 1-4-95, the State Government paid Dearness Relief up to 83% whereas the Cen...
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