Guwahati Court October 2000 Judgments

Sipahi Prasad Gupta and anr. Vs. State of Assam and anr.

Court: Guwahati

1. This Revision is directed against the Judgment and order dt. 17.2.1992 passed by the learned Sessions Judge. Golaghat in criminal Appeal no. 7/90 confirming the conviction and sentence of the petitioner under section 16 read with section 7 of the Prevention of Food Adulteration act, for short the act, passed inC.R. Case No.4687/88. 2. Shri GN Sahewalla, the learned senior counsel assailed the judgment of conviction and sentence on the ground that the Food Inspector did not make any attempt to procure any independent witness while taking sample of curd from the hotel premises of the petitioner No. 1. The second leg of argument is that the Food Inspector did not use any preservative while taking sample of the curd and, as such, it was not safe to base conviction on the Public Analyst's report which, on its face, shows that there was long delay in examination of the sample. The learned counsel also argued that the alleged offence was committed on 15.7.1988 and, therefore, the sentenc...

Sipahi Prasad Gupta and anr. Vs. State of Assam and anr.

Court: Guwahati

1. This Revision is directed against the Judgment and order dt. 17.2.1992 passed by the learned Sessions Judge. Golaghat in criminal Appeal no. 7/90 confirming the conviction and sentence of the petitioner under section 16 read with section 7 of the Prevention of Food Adulteration act, for short the act, passed inC.R. Case No.4687/88.2. Shri GN Sahewalla, the learned senior counsel assailed the judgment of conviction and sentence on the ground that the Food Inspector did not make any attempt to procure any independent witness while taking sample of curd from the hotel premises of the petitioner No. 1. The second leg of argument is that the Food Inspector did not use any preservative while taking sample of the curd and, as such, it was not safe to base conviction on the Public Analyst's report which, on its face, shows that there was long delay in examination of the sample. The learned counsel also argued that the alleged offence was committed on 15.7.1988 and, therefore, the sentence o...

All Assam Muslim Marriage and Divorce Registrar and Kazi Association V ...

Court: Guwahati

N.C. Jain, C.J. (Actg.) 1. In this writ appeal filed against the judgment of the learned Single Judge, we hardly see any dispute between the counsel for the parties. 2. In order to understand the nature of the dispute, it is necessary to have a brief look on the factual position which has led to the filing of the writ petition and its dismissal by the learned Single Judge. 3. The writ petition was filed by the appellant, All Assam Muslim Marriage and Divorce Registrar and Kazi Association with the prayer that the activities of the Kazis appointed by the North East India Emarat-e-Sharlah and Nadwatut-Tameer relating to registration of marriages and issuing certificates of marriages be declared to be illegal. 4. The organisation named above which filed the writ petition is avoluntary organisation which appoints some persons as Kazis to register and maintain the record of marriage amongst Muslims. This having been objected to, the matter received the attention of the State Government c...

All Assam Muslim Marriage and Divorce Registrar and Kazi Association V ...

Court: Guwahati

Reported in: I(2002)DMC11

N.C. Jain, C.J. (Actg.) 1. In this writ appeal filed against the judgment of the learned Single Judge, we hardly see any dispute between the counsel for the parties.2. In order to understand the nature of the dispute, it is necessary to have a brief look on the factual position which has led to the filing of the writ petition and its dismissal by the learned Single Judge.3. The writ petition was filed by the appellant, All Assam Muslim Marriage and Divorce Registrar and Kazi Association with the prayer that the activities of the Kazis appointed by the North East India Emarat-e-Sharlah and Nadwatut-Tameer relating to registration of marriages and issuing certificates of marriages be declared to be illegal.4. The organisation named above which filed the writ petition is avoluntary organisation which appoints some persons as Kazis to register and maintain the record of marriage amongst Muslims. This having been objected to, the matter received the attention of the State Government culmina...

Raj Brothers Vs. Union of India (Uoi) and ors.

Court: Guwahati

N.S. Singh, J. 1. The petitioner is a contractor by profession who entered into a contract agreement bearing No. CESZ/ MISM/12 of 82-83 for the provision of swimming pool (Olympic size) at Missamari with the opposite party/respondents and petitioner completed the execution of the work and construction of it but some disputes arose between the parties and accordingly as per provisions of contract agreement IAPW 2249, the disputes were referred to arbitration of one Shri S.K. Rao, sole Arbitration but according to the petitioner he was not a competent officer to act as a sole Arbitrator and in that view of the matter, the petitioner filed an application for the removal of the said Arbitrator and restraining him from proceeding of the arbitration and the said application was registered as (ARE) Misc. Case 71/95 and the Court allowed the petition vide order dated 19-9-1995 and subsequently, BrigTK Mittal. Chief Engineer, was appointed as the sole Arbitrator who entered into reference and ...

The Holy Mother of Aurobindo Ashram of Pondicherry Vs. State of Meghal ...

Court: Guwahati

1. This petition under Article 226 of the Constitution of India has been filed for issue of an appropriate writ for quashing and setting aside the Government Memo No. RD/41/72/70-A dated 28.9.1976 and the order dated 20.7.1998 passed by the Respondent No. 3 and for further directions to the respondents to issue orders for renewal of the lease as communicated by them vide their letter dated 2nd June, 1976 without altering, modifying or alienating the boundaries of the aforesaid plot in any manner. 2. While issuing Rule, this court by order dated 14.9.1998 directed the parties to maintain status quo in respect of the disputed land. This order still holds the field since no objection was raised on behalf of the respondents. 3. For convenience, I would like to clear the facts first which eventually culminated in this writ petition. 4. This petition has been filed by the Holy Mother of Aurobindo Ashram of Pondicherry represented by Shri Aurobindo Institute of Indian Culture, Shillong. The...

The Holy Mother of Aurobindo Ashram of Pondicherry Vs. State of Meghal ...

Court: Guwahati

1. This petition under Article 226 of the Constitution of India has been filed for issue of an appropriate writ for quashing and setting aside the Government Memo No. RD/41/72/70-A dated 28.9.1976 and the order dated 20.7.1998 passed by the Respondent No. 3 and for further directions to the respondents to issue orders for renewal of the lease as communicated by them vide their letter dated 2nd June, 1976 without altering, modifying or alienating the boundaries of the aforesaid plot in any manner.2. While issuing Rule, this court by order dated 14.9.1998 directed the parties to maintain status quo in respect of the disputed land. This order still holds the field since no objection was raised on behalf of the respondents.3. For convenience, I would like to clear the facts first which eventually culminated in this writ petition.4. This petition has been filed by the Holy Mother of Aurobindo Ashram of Pondicherry represented by Shri Aurobindo Institute of Indian Culture, Shillong. The plot...