Guwahati Court April 2001 Judgments

Md. Alamgir Sani Vs. State of Assam

Court: Guwahati

Ranjan Gogoi, J. 1. This appeal is directed against the judgment and order dated 28.8.1998 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 96(K) of 1995, convicting the accused-appellant of the offence under Section 304B of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for 14 (fourteen) years. The learned Sessions Judge, however, acquitted the accused of the charge under Section 302 of the Indian Penal Code. 2. The prosecution case, in short, is that on 14.2.1995 at about 5 P.M., Dispur Police Station received a telephonic message from one Dr. Kalpana Sarma (P.W.1) to the effect that one woman had committed suicide by hanging. On the basis of the said information, General Diary Entry No. 833 was registered in the said police station and ShriNarendra Nath Medhi, Sub-Inspector of Police proceeded to the place of occurrence and found the deceased Dr. Anjuma Ara alias Munni tying dead on the bed. Subsequently, the father of the de...

Md. Alamgir Sani Vs. State of Assam

Court: Guwahati

Reported in: II(2001)DMC479

Ranjan Gogoi, J. 1. This appeal is directed against the judgment and order dated 28.8.1998 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 96(K) of 1995, convicting the accused-appellant of the offence under Section 304B of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for 14 (fourteen) years. The learned Sessions Judge, however, acquitted the accused of the charge under Section 302 of the Indian Penal Code. 2. The prosecution case, in short, is that on 14.2.1995 at about 5 P.M., Dispur Police Station received a telephonic message from one Dr. Kalpana Sarma (P.W.1) to the effect that one woman had committed suicide by hanging. On the basis of the said information, General Diary Entry No. 833 was registered in the said police station and ShriNarendra Nath Medhi, Sub-Inspector of Police proceeded to the place of occurrence and found the deceased Dr. Anjuma Ara alias Munni tying dead on the bed. Subsequently, the father of the deceas...

Dinabandu Das and ors. Vs. State of Assam and ors.

Court: Guwahati

B.B. Deb, J.1. The aforesaid three petitions filed by three accused-petitioners under Section 438, Cr. P.C. seeking pre-arrest bail pertaining to Silchar Police Station Case No. 1568/2000 under Sections 342/325/307, 302/34, I.P.C. and as such, taken together for disposal.2. One Smt. Parbati Das of village Rongpur P3. Silchar, Assam, lodged FIR on 10-12-2000 against Shri Dinabandu Das, Shri Joy Krishna Das and Shri Krishna Das (petitioners in the related petitions) narrating facts constituting offence, ex facie, under Sections 324/325/307/302/34, I.P.C. and the Police Station concerned registered the FIR being Silchar P3 Case No. 1568/2000 (dated 10-12-2000).3. The petitioners sought for anticipatory bail under Section 438, Cr. P.C. at Shillong Bench of Gauhati High Court. The question posed as to whether the Shillong Bench of the Gauhati High Court has territorial jurisdiction over the matter. The learned counsel for the petitioner, Mr. DK Das Choudhury, having referred to Article 231...

Nashsa Toys Pvt. Ltd. Vs. Harshad Corporation

Court: Guwahati

R.S. Mongia, C.J. 1. Harshad Corporation, Clearing and Forwarding Agent, Ahmedabad (hereinafter referred to as the Respondent Company) filed a Company Petition being Company Petition No. 2 of 1995 for winding up Nasha Toys Private Limited, a Joint Venture with Nagaland Industrial Development Corporation Limited having its registered Office at Duncan Road, Police Station Dimapur West, Dimapur under Sub-section (1)(b) of Section 439 of the Companies Act, 1956 for the allegednegligence to pay Rs. 3,46,368 towards indebtedness. This Company Petition was registered as Company petition No. 2 of 1995. The Managing Director of the Nasha Toys Private Limited (hereinafter referred to as the appellant Company) did put in his appearance before the Company Judge. However, he did not file any reply to the Company Petition. The Company Judge issued notice to show cause as to why the advertisement for winding up the appellant Company under Section 433 read with Section 438 of the Companies Act shou...

Gopal Chandra Das Vs. the Notified Area Authority, Khowai and ors.

Court: Guwahati

1. This petition is for Issuance of a writ directing the respondents to deliver back the possession of the Shed No. 23 at Subhash Part Market, Khowai which was allotted to the petitioner by the Notified Area Authority (Nagar Panchayat).2.1 have heard Mr. K.N. Bhattacharya, learned sr. counsel assisted by Mr. R Debnath, learned counsel for the petitioner. Also heard Mr. S. Deb, learned sr. counsel assisted by Mr. A. De, learned counsel for the respondent Nos. 1 and 2 and Mr. U.B. Sana, learned Government Advocate assisted by Mr. D.C. Nath, learned counsel for the respondent-State.3. Petitioner's case is that after the allotment, he took possession of the aforesaid shed in January, 1986 as a tenant and an agreement of tenancy was executed between him and 4 others on the one side , and the Notified Area Authority on the other. The names of other 4 persons (respondent Nos. 6 to 8) were Included as Insisted upon by the aforesaid authority. The said agreement was executed and registered on ...

Rajesh Kumar Jalan Vs. Ito Vice-versa

Court: Guwahati

B.R. Mittal, J.M.These cross-appeals have been filed by the assessee as well as the department for the assessment year 1996-97 against the order of the learned Commissioner (Appeals) dated 24-9-1999.2. The grounds of appeal in the appeal filed by the assessee are as under : 1. For that on the facts and in the circumstances of the case, the learned Commissioner (Appeals) was not justified in holding that only Rs. 14,43,254 will qualify for exemption under section 54 of the Income Tax Act, 1961 as against Rs. 29,73,048 claimed by the appellant.2. For that on the facts and in the circumstances of the case, the learned Commissioner (Appeals) ought to have accepted the appellant's claim by holding that the entire longterm capital gain of Rs. 29,73,048 was eligible for exemption under section 54 of the Income Tax Act inasmuch as the appellant utilised the same for the acquiring a residential house within stipulated time.'The grounds of appeal filed by the department are as under'1. For that...

Abu Hyat Vs. State of Assam and ors.

Court: Guwahati

R.S. Mongia, C.J. (Actg) 1. The appellant/writ petitioner's father was a Muster Roll labourer in the office of the Executive Engineer, PWD (Roads) Division, Goalpara. Unfortunately the appellant's father died while working as Muster Roll labourer. By order dated 04.01.1997 issued by the Executive Engineer, PWD Roads Division, Goalpara (Annexure-3) the petitioner was appointed as Muster Roll labourer on casual basis. It is mentioned in the order that he was appointed on compassionate ground due to expiry of his father. This appointment was initially for a period of three months. By another order dated 03.04.1997 the services of the appellant as Muster Roll labourer was extended until further orders. However, by an order dated 25.08.1997 (Annexure-6) the appellant's service was terminated on the ground that his appointment initially was unlawful issued during the Ban period. The order reads as under: In pursuance of the Chief Engineer. PWD(Roads) Assam's order No.CE/ADI(II)33/2000/4 dt...

Md. Abdul Kuddus and anr. Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J. 1. The criminal appeal is directed against the judgment and order passed by the Additional Session Judge, Nagaon in Session Case No. 180(N)92 on 30-1-1997. In the above referred Session's case as many as 12 accused persons were tried for the offence under Section 302/34 IPC. On conclusion of the trial ten (10) accused persons were acquitted. Accused Hafijuddin @ Fagu was convicted of the offence under Section 302 IPC and accused Abdul Kuddus was convicted for the offence under Section 302/34 IPC. Both the appellants were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000 in default further imprisonment for one (1) year. Hence the present appeal. 2. The prosecution allegation is that in an incident that took place on 19.4.1991, son of Subed All Master was assaulted by the accused persons. Next day, the accused persons armed with deadly weapons came to attack the house of Subed Ali which is situated adjacent to the house of Azizul Haque. T...

Shankar Chowhan Vs. State of Tripura and ors.

Court: Guwahati

1. In both the cases same and similar questions are involved. The fact leading to filing of both the cases are as follows:- On requisition from the Panchayat Department the Public Service Commission floated an advertisement bearing No.7/95 dated 1.11.1995 (Annexure-1) inviting application from the eligible candidates for filling up few posts of Panchayat Officer Group 'C' non-gazetted posts prescribing among others the essential qualifications as (i) Degree of a recognised University, (ii) Training and Rural Development and extension service. 2. The petitioners in both the cases applied for the said posts besides others, private respondents No. 4 to 12 in Civil Rule No. 137 of 1997 and 4 to 8 in Civil Rule No. 478 of 1998 also applied. All were faced the interview/test both written and viva voice, but the private respondents have been selected while the petitioners were not. Hence, they filed the petition under Article 226 of the Constitution of India, contending, inter alia, that th...

Bhabani Dhar Choudhury Vs. State of Assam and ors.

Court: Guwahati

1. By this application under Article 226 of the Constitution of India the petitioner prays for a writ in the nature of Mandamus and/or Certiorari to set aside and quash the Select List dated 13.09.2000 selecting the respondent No. 3 and 4 for promotion the post of Additional Chief Engineer, PWD (Civil) pursuant to the recommendation of the Selection Committee in its meeting held on 09.08.2000.2. Facts in compendium are these. The petitioner entered into service as Assistant Engineer under the Public Works department and joined the said post on 22.04.1966. In 1976 he was promoted to the post of Sub-divisional Officer (re-designated as Assistant Executive Engineer). In 1988 the petitioner was promoted to the post of Executive Engineer and some time in April, 1999 he was further promoted to the rank of Superintending Engineer. The petitioner is now holding the post of Deputy Secretary and in addition to his duties as Deputy Secretary, he is also holding the charge of Officer on Special Du...