Guwahati Court April 2001 Judgments

Sujya Kanta Deb and ors. Vs. State of Tripura

Court: Guwahati

1. This criminal appeal was heard by a Division Bench of this Bench comprising of DN Choudhury and ML Singhal, JJ. Since there was difference of opinion between the two brother Judges, the appeal was laid before me under section 392, Criminal Procedure Code. 2. The facts briefly are that on 21.12.1992 one Naresh Chandra Das lodged an FIR in the Bishalgarh Police Station stating that since Saturday evening Jiban Das, son of Sri Sadhan Das of village Durjoynagar, was missing. In the said FIR, it was further stated that on 21.12.1992 in the noon he came to the 'Doong' of PrabhatDebbarma of Katakhali along with the people of the village and saw the headless body of Jiban Das and identified it, but his head could not be traced even after investigation. Accordingly, Bishalgarh PS Case No. 6(12)92 under sections 302 & 201, Indian Penal Code was registered and investigation was carried out. On the basis of police report submitted pursuant to such investigation, learned Sessions Judge, West ...

Sh. F. Falthanzula Vs. State of Mizoram and ors.

Court: Guwahati

1. The short question involved in this petition is whether the nominated Chairman of the Mizoram Agricultural Marketing Corporation Limited could be removed from office without notice at any time applying the 'Doctrine of Pleasure'. 2. I have heard Mr. C. Lalramzauva, learned counsel for the petitioner and also Mr. T. Vaiphei, learned A.A.G. 3. The petitioner is elected member of the Mizoram State Assembly. By an order issued on 16th February, 1999, he was appointed asa Director in the Board of Directors and also as Chairman of the Mizoram Agricultural marketing corporation Limited with immediate effect and until further orders. Thereafter, in suppression of this notification, another notification was issued on 2nd December, 1999 appointing the writ petitioner and other as Directors of the concerned Board with the petitioner as the Chairman. The petitioner continued in office as such till 20th July, 2000 when another notification was issued by the Governor replacing the writ petition...

K. Naba Kishore Singh Vs. North Eastern Electric Power Corporation Ltd ...

Court: Guwahati

N.S. Singh, J.1. These 3 (three) writ petitions/cases invoice common questions of facts and laws and, as such, these cases were taken up together for hearing and, accordingly, the same are disposed of finally on its own merit with the following common judgment and order. 2. The 3 (three) writ petitioners namely, (1) Shri K. Naba Kishore Singh in W.P. (C) No. 75 (SH) 1999. (2) Shri Nabendu Sukla Baidya in W.R (C) No. 76(SH) 1999 and (3) Shri Kiran Chandra Das in W.P. (C) No. 77 (SH) 1999 sought for a direction to the official respondent Nos. 1 to 6 to promote them to the post of Assistant Manager/ equivalent with effect from December, 1993 or from 1st July, 1996 or from 1st January, 1997 in case of writ petitioner Shri K. Nabakishore Singh and, in cases of Shri Nabendu Sukla Baidya and Shri Kiran Chahdra Das with effect from April/May, 1994 or from 1st July, 1996 or 1st January, 1997 respectively; and also for quashing the proceedings of the Departmental Promotion Committee constitute...

N.K. Sinha Vs. State of Tripura

Court: Guwahati

1. This is a reference under section 395(1) of the Code of Criminal Procedure made by the Sub-Divisional Judicial Magistrate, Dharmanagar, North Tripura. The need for such reference arose when the learned Sub-Divisional Judicial Magistrate, (for short, 'the SDJM') was considering the prayers for bail in FR Case No. 373/2000 (Kanchanpur PS Case No. 93/2000 under sections 148/149/302/326/436, IPC, and section 3/5, ES Act, and GR Case No. 307/2000 (Pecharthal PS Case No. 33/2000) under sections 148/149/307/353, IPC, 25(I-B)(a), Arms Act and section 148/149/307/353, IPC, section 25(I-B)(a), Arms Act and section 10/13. UA(P) Act. It has been stated in the reference by the learned SDJM that in GR Case No. 373/2000, the two persons, namely Pravanjan Biswas and Bikash alias Bireswar Biswas had been in custody since 22.11.2000 and as per section 167(2), proviso (a)(I), Cr.P.C. they were entitled to be released on bail on 19.2.2001 after expiry of 90 days' statutory period of detention. It has ...

Sanjay Kirloskar Vs. Badshah Hotel and Resorts

Court: Guwahati

1. This is an application under Section 401 read with section 482 of the Code of Criminal Procedure, 1973, (for short, 'Cr.PC.') for quashing the complaint case No. CR 1199/2000 and the order dated 30.3.2000 of the learned Chief Judicial Magistrate, West Tripura, in the said CR Case.2. Complaint case CR. No. 1199/2000 has been filed by the oppositeparty against the petitioner and two other persons alleging that they have committed the offences under Sections 500, 501, 211 and 120, Indian Penal Code. The allegations in the complaint are that the petitioner, Sri Sanjay Kirloskar is the Chairman-cum-Managing Director of the Corporate Human Resources Management & Communication with its Corporate Office at Pune in the State of Maharashtra. Sri Suhas Palekar and Sri R.K. Srivastava are the Vice-Presidents of the said Corporate Human Resources Management Communication and the Adult ACCU Service respectively. A letter dated 9.2.2000 was addressed by Sri Suhas Palekar to the Head of the CID, M...

N.K. Sinha Vs. State of Tripura

Court: Guwahati

Reported in: 2002CriLJ404

1. This is a reference under section 395(1) of the Code of Criminal Procedure made by the Sub-Divisional Judicial Magistrate, Dharmanagar, North Tripura. The need for such reference arose when the learned Sub-Divisional Judicial Magistrate, (for short, 'the SDJM') was considering the prayers for bail in FR Case No. 373/2000 (Kanchanpur PS Case No. 93/2000 under sections 148/149/302/326/436, IPC, and section 3/5, ES Act, and GR Case No. 307/2000 (Pecharthal PS Case No. 33/2000) under sections 148/149/307/353, IPC, 25(I-B)(a), Arms Act and section 148/149/307/353, IPC, section 25(I-B)(a), Arms Act and section 10/13. UA(P) Act. It has been stated in the reference by the learned SDJM that in GR Case No. 373/2000, the two persons, namely Pravanjan Biswas and Bikash alias Bireswar Biswas had been in custody since 22.11.2000 and as per section 167(2), proviso (a)(I), Cr.P.C. they were entitled to be released on bail on 19.2.2001 after expiry of 90 days' statutory period of detention. It has s...

Sh. F. Falthanzula Vs. State of Mizoram and ors.

Court: Guwahati

1. The short question involved in this petition is whether the nominated Chairman of the Mizoram Agricultural Marketing Corporation Limited could be removed from office without notice at any time applying the 'Doctrine of Pleasure'.2. I have heard Mr. C. Lalramzauva, learned counsel for the petitioner and also Mr. T. Vaiphei, learned A.A.G.3. The petitioner is elected member of the Mizoram State Assembly. By an order issued on 16th February, 1999, he was appointed asa Director in the Board of Directors and also as Chairman of the Mizoram Agricultural marketing corporation Limited with immediate effect and until further orders. Thereafter, in suppression of this notification, another notification was issued on 2nd December, 1999 appointing the writ petitioner and other as Directors of the concerned Board with the petitioner as the Chairman. The petitioner continued in office as such till 20th July, 2000 when another notification was issued by the Governor replacing the writ petitioner b...

Tarulata Devi Vs. State of Assam and ors.

Court: Guwahati

Reported in: 2002ACJ735

1. The writ petitioner, who is the mother of an alleged victim of custodial death, had filed the instant petition placing before this Court her version of the case and praying for various reliefs specifically enumerated in the body of the writ petition. This Court while entertaining the writ application by order dated 31.3.95 directed that an enquiry to be made by the District Judge, Darrang, Mangaldoi with regard to the manner and cause of death of Pankaj Sarma, the deceased, and requested the learned District Judge to submit a report to this Court within a period of 4 (four) months. Notwithstanding the desire and anxiety of this Court to have a report as regards the manner and cause of death of the son of the writ petitioner as expeditiously as possible, the same could be furnished by the learned District Judge only on 14.3.2000 and taken on record by order dated 3.4.2000 of this Court.2. The writ petitioner has pleaded that her son Pankaj Sarma, who was a graduate, went to a nearby ...

DakhIn Behara Fishery Co-operative Society Ltd. Vs. State of Assam and ...

Court: Guwahati

H.K. Sema, C.J. (Actg) 1. We have heard Mr. N.M. Lahiri, learned counsel for the appellant as well as Mr. J.M. Choudhury, learned counsel appearing for the respondent.2. In this writ appeal the appellant is aggrieved by the order dated 05.04.2001 passed by the learned Single Judge in Contempt Case (Civil) No. 125/2001. By the impugned order a notice has been issued upon the respondents to show cause as to why a contempt proceeding should not be initiated against them under Sections 2, 11 and 12 of the Contempt of Court Act read with Rule 9 of the Gauhati High Court (Contempt) Rules, 1977. The notice was made returnable within 3 weeks. The contempt notice was issued to the respondents for the alleged non-compliance of the Court order dated 10.01.2001 passed in W.P.(C) No. 191/2001. While issuing the notice as aforesaid, the learned Single Judge has also passed the following order:- 'By 'invoking the provisions of article 215 of the Constitution, I made the following order.The responde...

Tarulata Devi Vs. State of Assam and ors.

Court: Guwahati

Reported in: 2002ACJ735

1. The writ petitioner, who is the mother of an alleged victim of custodial death, had filed the instant petition placing before this Court her version of the case and praying for various reliefs specifically enumerated in the body of the writ petition. This Court while entertaining the writ application by order dated 31.3.95 directed that an enquiry to be made by the District Judge, Darrang, Mangaldoi with regard to the manner and cause of death of Pankaj Sarma, the deceased, and requested the learned District Judge to submit a report to this Court within a period of 4 (four) months. Notwithstanding the desire and anxiety of this Court to have a report as regards the manner and cause of death of the son of the writ petitioner as expeditiously as possible, the same could be furnished by the learned District Judge only on 14.3.2000 and taken on record by order dated 3.4.2000 of this Court.2. The writ petitioner has pleaded that her son Pankaj Sarma, who was a graduate, went to a nearby ...