Guwahati Court December 2000 Judgments

Niranjan Sarkar and anr. Vs. Swapna Dam and anr.

Court: Guwahati

Reported in: AIR2001Gau92

1. This is an application under section 114 of the Code of Civil Procedure, 1908, for review of the judgment and decree passed by this court on 2.5.1997 in Second Appeal No.30 of 1993. 2. The relevant facts for disposal of this review application briefly are that the respondent No.1 filed a suit for declaration of right, title and interest in the suit land for recovery of khas possession and perpetual injunction against the petitioners. The petitioners contested the said suit pleading, inter alia, in the written statement that the respondent No.1 had transferred the possession of the suit land to the petitioners in pursuance of a contract for sale and that the petitioners had legal and valid title to retain possession of the suit land, and to enforce the said contract for sale. The trial court after recording the evidence decreed the suit by judgment and decree dated 15.9.1992. The petitioners preferred an appeal, but the said appeal was also dismissed by the first appellate court by j...

Haripada Saha and anr. Vs. State of Tripura and ors.

Court: Guwahati

Reported in: 2002ACJ1877

1. In these two writ petitions under Article 226 of the Constitution, the petitioners have prayed for directions on the respondents to pay compensation for the damage caused to their eyes at the Dr. B.R. Ambedkar Memorial Hospital at Hapania, in West Tripura.2. The relevant facts as stated in the writ petitions are that the two petitioners in Civil Rule No. 514/96 were admitted in the Hospital on 17.6.1996 and their left eyes were operated by the Medical Officers of the said Hospital on 18.6.1996 and they were discharged from the said Hospital on 21.6.1996. The petitioner No. 1 in Civil Rule No. 557/96 was admitted in the Hospital on 18.6.1996 and his left eye was operated on 19.6.1996 by the Medical Officer and he was discharged on 21.6.1996. The petitioner No. 2 in Civil Rule No. 557/96 was admitted in the Hospital on 11.6.1996 and her left eye was operated on 12.6.1996 and she was discharged form hospital on 24.6.1996. The petitioner No. 3 in Civil Rule No. 557/ 96 was admitted on 1...

Moinul Haque and ors. Vs. State of Assam

Court: Guwahati

1. This appeal is directed against the Judgment and order dated 16.6.2000 passed by the Learned Sessions Judge, Nagaon in Sessions Case No. 97(N)97. The Learned Sessions Judge convicted the appellants under Section 376(ii)(g) of Indian Penal Code and sentenced each of them to rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5000 each, in default to further rigorous imprisonment for a period of six months. Aggrieved thereby, the appellants have preferred this appeal controverting the legality and validity of the impugned judgment on various grounds incorporated in the Memo of Appeal. 2. P.W. 2 Mustt. Halima Khatoon lodged the F.I.R., Exhibit-2, on11.11.1996 alleging that on the previous evening at about 8 P.M., on her way back from Jamunamukh Bazar near Sarlock village, the appellant Moinul Haque along with two other unknown persons overpowered her and committed rape on her in the nearby bushes. On alarm being raised by her, the accused persons fled away snatchi...

Madhusudan Harijan Vs. State of Assam

Court: Guwahati

1. The revisioner petitioner herein was tried by the Learned Magistrate, Hailakandi in G.RCase No. 647/1980 under Section 326 I.P.C. and Section 25(1)(a) of the Arms Act, 1956. On completion of the trial, the petitioner along with Santi Bala were convicted under Section 25(1)(a) of the Arms Act and sentenced to Rigorous Imprisonment for three years and to pay a fine of Rs. 500, in default to further simple imprisonment for two months. 2. Aggrieved thereby, the petitioner preferred Criminal AppealNo. 11(2) of 1992 before the Learned Sessions Judge, Hailakandi. The Learned Sessions Judge, Hailakandi dismissed the appeal and up-held the conviction and sentence of the revision petitioner. However, the conviction and sentence awarded to the accused Santi Bala was set aside. Thereafter, the revision petitioner has preferred this revision for setting aside the sentence awarded against him. 3. 1 have heard Mr. D. Mazumdar, learned counsel for the revision petitioner as well as Mr. D. Das, ...

Moinul Haque and ors. Vs. State of Assam

Court: Guwahati

1. This appeal is directed against the Judgment and order dated 16.6.2000 passed by the Learned Sessions Judge, Nagaon in Sessions Case No. 97(N)97. The Learned Sessions Judge convicted the appellants under Section 376(ii)(g) of Indian Penal Code and sentenced each of them to rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5000 each, in default to further rigorous imprisonment for a period of six months. Aggrieved thereby, the appellants have preferred this appeal controverting the legality and validity of the impugned judgment on various grounds incorporated in the Memo of Appeal.2. P.W. 2 Mustt. Halima Khatoon lodged the F.I.R., Exhibit-2, on11.11.1996 alleging that on the previous evening at about 8 P.M., on her way back from Jamunamukh Bazar near Sarlock village, the appellant Moinul Haque along with two other unknown persons overpowered her and committed rape on her in the nearby bushes. On alarm being raised by her, the accused persons fled away snatching ...

Kiron Chandra Borah Vs. State of Assam and ors.

Court: Guwahati

I.A. Ansari, J.1. This is one of those few classic cases in which the object of theemployer in removing from service his employee may be acceptable, but the manner of such removal may not stand scrutiny of law. The object, therefore, gets defeated, which may have its own unpleasant reverberations on the society, but such reverberations alone may not be a reason for the Court to approve and uphold such removal of the employee.2. In a narrow compass, the case of the petitioner may be put as follows ;The petitioner, a diploma holder in civil engineering, joined the department of Animal Husbandry and Veterinary, Government of Assam, on 27.7.1968 and he was promoted as Assistant Engineer in the same department on 8.8.1985. Considering his merit and seniority, a proposal was mooted by the department concerned for promotion of the petitioner to the post of Executive Engineer. Soon after the promotion of one Sri C. Barsaikia from the post of the Executive Engineer to the post of Joint Direct...

Parimal Chakraborty Vs. State of Meghalaya and ors.

Court: Guwahati

1. The question to be answered in this writ petition is whether the teacher of a private College receiving grant-in-aid from the State is entitled to invoke the writ jurisdiction of this Court under Article 226 of the Constitution for reinstatement to the post of Principal held by him before reversion.2. The petitioner was appointed as Lecturer in the Department of Philosophy in Raid Laban College, Shillong. He respondent to an advertisement and applied for the post of Principal in the Tikrikilla College, Tikrikilla. The Governing Body on completion of selection process Vide Resolution dated 30.12.1989 approved his appointment as Principal. Thereafter, the petitioner was appointed as principal on regular basis with effect from 31.12.1989 on a consolidated pay of Rs. 2,000 per month. Because of certain alleged irregularities and deficiencies on his part, the governing Body vide Resolution dated 25.6.1998 decided to degrade him to the post of Lecturer. The respondent No. 4 vide order dat...