Guwahati Court April 2000 Judgments
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State of Tripura Vs. Bijoy Gowala and anr.
Court: Guwahati
Decided on: Apr-28-2000
P.G. Agarwal, J.1. This appeal by the State of Tripura is directed against the judgment and order passed by the learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial No. 7 (N.T/K) 1994 on 30-11-1994 acquitting the respondent from the charges under Section 302, I.P.C.2. The accused Shri Bijoy Gowala and Shri Malin Tantubaya were tried for the offence under Section 302 read with Section 34, I.P.C. The prosecution allegation, in brief, is that on 24-5-1991 at about 8 p.m. while the deceased Hariprasad Gowala along with Shri Arjun Bhuiya were returning home from grocery shop, the two accused persons who were waiting on the road, assaulted Hariprasad Gowala and Shri Arun Bhuiya with lathies, Arjun, however, managed to escape by running to the jungle but Hariprasad sustained injury on his head and fell down at the spot. Later on, the villagers brought Hariprasad to his house, but he succumbed to the injuries at night.3. During trial, the prosecution examined as many as 13 wit...
Sentu Das Alias Dukhya Das Vs. the State of Tripura
Court: Guwahati
Decided on: Apr-27-2000
P.G. Agarwal, J.1. This criminal appeal is directed against the Judgment and order passed on 30-7-96 by learned Sessions Judge, West Tripura, Agartala in Sessions Trial No. 166 (W.T./A) 1995, whereby the learned Sessions Judge acquitted two accused persons, namely, Sefal Das and Mihir Chakraborty, but convicted accused Sentu Das alias Dukhya under Section 302, IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 5,000/-. This appeal has been filed by the convict Sentu Das alias Dukhya.2. The prosecution allegation, in brief, is that on 30-10-1994 at about 5 p.m. while Pradip Deb Nath was returning home, the accused appellant along with two others attacked him with Dao near the shop of Manmohan Paul, P.W. 13 at Moloynagar, he was assaulted with Dao and the victim sustained as many as four numbers of cut injuries and died at the spot.3. In this case there is overwhelming oral and medical evidence to show that on the date of occurrence, the deceased-Pradip was assaulte...
Shri Khageswar Bhuyan Vs. Shri Monindra Nath Khaklari
Court: Guwahati
Decided on: Apr-26-2000
D.Biswas, J. 1. This Second Appeal is directed against the Judgment and Decree dated 16-5-1994 passed by the Learned Assistant District Judge. Jorhat in Title Appeal No. 9 of 1991 whereby the Judgment and Decree passed in Title Suit No. 54 of 1990 by the Learned Munsiff No. 2, Jorhat was reversed and the Title Suit filed by the appellant was dismissed.2. This appeal was admitted on 30-8-1994 for determination of the following question of law :-- 'Whether the learned Lower Appellate Court was right in law in rejecting the documents of title of the plaintiff-appellant issued by the Revenue Authority in the Revenue Sale under the Assam Land and Revenue Regulation 1886.'3. I have heard Mr. D. C. Mahanta, learned senior counsel assisted by Shri D. Das and Shri T. J. Mahanta, learned counsel for the appellant and Shrt W. K. Baishya, learned counsel for the respondent.4. The plaintiff/appellant filed the aforesaid suit for declaration of his right, title and interest over the suit land and ...
Kirloskar Brothers Ltd. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-26-2000
M.L. Singhal, J. 1. Heard Dr. A. K. Saraf, learned senior counsel for the petitioner, Shri U. B. Saha, learned senior counsel for the respondent Nos. 1 to 4. Heard also Mr. M. Raj Sekhar, learned counsel for the respondent No. 5.2. With the consent of the learned counsel for both the parties, the writ petition is disposed of at the motion stage,3. The Executive Engineer, Resource Division, Public Works Department, Government of Tripura, Agartala (Respondent No. 4) floated tender on 3rd July, 1999 for supply of 750 Nos. of 20 HP Pump sets. The petitioner M/s. Kirloskar Brothers Limited and respondent No. 5 M/s. Mather and Platt (I) Ltd. Calcutta along with other persons submitted tender. The tenders were opened on 10th August, 1999. The tender of respondent No. 5 being the lowest has been accepted by the respondents No. 1 to 4. One of the eligibility conditions was sales tax certificate (S.T.C.C.) of current validity (Clause 4 of the tender notice). The respondent No. 5 filed the sai...
State of Tripura Vs. Smt. Anita Barman and ors.
Court: Guwahati
Decided on: Apr-18-2000
Biswas, J.1. This appeal is directed against the judgment and decree passed by the learned Assistant District Judge No. 1, West Tripura, Agartala on 27-4-1995 in Title Suit No. 72 (ARB) of 1993. The learned Judge by the impugned judgment decreed the suit making the award a rule of the Court.2. We have heard Mr. S. Deb, learned senior counsel, assisted by Mr. B. Debnath, learned counsel for the appellant as well as Mr. B. Das and Mr. A.K. Bhowmik, learned senior counsel, assisted by Mr. S.M. Chakraborty and Mr. A. Bhattacharjee, learned counsel for the respondents.3. Before we embark upon a discussion on the legality and validity of the award as well as the impugned judgment. It is considered necessary to clear the facts that eventually culminated in this appeal.4. The appellant issued a notice inviting tender (NIT) for the construction of West District Hospital at Hapania, West Tripura. The predecessor-in-interest of the respondents, late Bir Chandra Barman was eventually given the co...
Woodcrafts Products Ltd. Vs. Union of India and ors.
Court: Guwahati
Decided on: Apr-12-2000
1. M/s Woodcrafts Ltd. petitioner herein has filed the present writ petition under Article 226 of the Constitution with the prayer for issue of writ or order in the nature of Mandamus, certiorari and prohibition for setting aside and cancelling notice dated 13.1.1995 issued on 17.1.1995 and served on the petitioner on 18.1.1995, copy whereof has been filed with the writ petition as Annexure A, issued to the petitioner under Section 11A read with Section 11A(1), 11D(1) of Central Excise and Salt Act, 1944, (hereafter referred to as the Act) read with Rules 9, 52. 52A, 173C, 173G, 173Q, 209A and 226 of the Rules framed thereunder calling upon the petitioner to show cause as to why:(i) Unaccounted for stock of plywood valued at Rs. 32,35,321.00 as in Annexure C-1/1 to C-1/11 seized on 07.09.1994 from Calcutta depot/godown and that valued at Rs. 8,04,989.07 as in Annex: C-1/12 to C-1/16, seized from their Delhi depot, in total value at Rs. 40,40,310.07, shall not be confiscated under Rule...
Krishna Kanta Mill Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-12-2000
1. This writ petition is directed against the judgment and order dated 13.7.1999 passed by the Assam Board of Revenue, Guwahati, in Excise Appeal Nos. 1E (DMJ)/99 and BE(DMJ)/99. 2. The petitioner submitted his tender for settlement of country spirit shop in Dhemaji District for the term 1.4.1999 to 31.3.2002 in pursuance of the Tender Notice dated 31.10.1998 and the authority, in consultation with the Advisory Committee constituted under the provision of Rule 208 of the Assam Excise Rules, 1945, selected the petitioner and settled the said shop with him vide order dated 28.12.1998. On such settlement, the petitioner deposited the security money, licence fees and all other dues payable under the Rules and spent a sum of Rs. 1,29,000/- for the purpose of operation of the Country Spirit Shop. 3. The respondent No.4 also submitted tender for settlement of the same shop and, having failed, they preferred an appeals under section 9 of the Assam Excise Act. After hearing both the parties...
Dandi Bora @ Ashim Bora Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-12-2000
J.N. Sarma, J. 1. This writ application has been filed by the detenu challenging the legality and validity of the order dated 6th September, 1999 passed by the District Magistrate, Golaghat under sub-section 2 of Section 3 of the National Security Act, 1980 detaining the petitioner. The grounds of detention were furnished vide Annexure-B. The order of detention is at Annexure-A. That is quoted below ; 'GOVERNMENT OF ASSAM OFFICE OF THE DEPUTY COMMISSIONER ..GOLAGHAT. No. CCA/23/99/154 Dated Golaghat, the 6th Sept/99 DETENTION ORDER WHEREAS, I Dr. Ravi Kota, IAS, District Magistrate, Golaghat, am satisfied after fully applying the mind to all relevant materials provided to me and the facts constituting the grounds of detention that this detention of Shri Danda Bora alias Ashim Bora alias Digahta Saikia son of Moheswar Bora of Deopani Village P.S.Bokajan district Karbi-Anglong, Assam under section 3(2) of the National Security Act, 1980 is necessary. WHEREAS, I, therefore, in exercise...
Krishna Kanta Mill Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-12-2000
1. This writ petition is directed against the judgment and order dated 13.7.1999 passed by the Assam Board of Revenue, Guwahati, in Excise Appeal Nos. 1E (DMJ)/99 and BE(DMJ)/99. 2. The petitioner submitted his tender for settlement of country spirit shop in Dhemaji District for the term 1.4.1999 to 31.3.2002 in pursuance of the Tender Notice dated 31.10.1998 and the authority, in consultation with the Advisory Committee constituted under the provision of Rule 208 of the Assam Excise Rules, 1945, selected the petitioner and settled the said shop with him vide order dated 28.12.1998. On such settlement, the petitioner deposited the security money, licence fees and all other dues payable under the Rules and spent a sum of Rs. 1,29,000/- for the purpose of operation of the Country Spirit Shop. 3. The respondent No.4 also submitted tender for settlement of the same shop and, having failed, they preferred an appeals under section 9 of the Assam Excise Act. After hearing both the parties the...
Dandi Bora @ Ashim Bora Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-12-2000
ORDER WHEREAS, I Dr. Ravi Kota, IAS, District Magistrate, Golaghat, am satisfied after fully applying the mind to all relevant materials provided to me and the facts constituting the grounds of detention that this detention of Shri Danda Bora alias Ashim Bora alias Digahta Saikia son of Moheswar Bora of Deopani Village P.S.Bokajan district Karbi-Anglong, Assam under section 3(2) of the National Security Act, 1980 is necessary. WHEREAS, I, therefore, in exercise of power conferred upon me by the State Government Notification No. PLA.213/96/203 dtd. 21-06-1999 do hereby order that the said Danda Bora S/o Shri Moheswar Bora of Deopani Village falling under Bokajan Police Station of Karbi-Anglong District, Assam be detained in District Jail, Diphu U/s 3(2) of the National Security Act, 1980 with immediate effect and until further orders with a view to prevent him from acting in any manner prejudicial to the security of the State and the maintenance of Public order in the event of release o...
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