Guwahati Court September 2001 Judgments
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Niranjan Das Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Sep-13-2001
A.H. Saikia, J. 1. Heard Mr. A.M. Lodh, learned senior counsel assisted by Mr. S. Chakraborty, learned Advocate appearing on behalf of the petitioner. Also heard Mr. U.B. Saha, the learned senior Govt. Advocate assisted by Mr. Majumder, learned Advocate for the State-respondents.2. By this application under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs : 'It is, therefore, prayed that the Hon'ble High Court would be pleased enough to issue rule upon the respondent to show cause as to why the reliefs prayed for herein would not be granted and after hearing both the parties pass an order directing the respondents to promote the petitioned to the post of Chief Inspector then Sub Divisional Controller, Food and thereafter to the post of Assistant Director under the Food & Civil Supply Department by issuing an appropriate writ or order and also to declare the fixation of arrears of salary on notional basis as void and illegal and direct th...
State of Tripura Vs. Pradip Ghosh and ors.
Court: Guwahati
Decided on: Sep-13-2001
A.H. Saikia, J. 1. Heard Mr. D. Sarkar the learned PP appearing on behalf of the State-applicant. Also heard Mr. A. Gon Choudhury, the learned counsel appearing on behalf of the respondents. 2. This is an application under Section 5 of the Limitation Act for condoning the delay of 50 days in preferring the application for leave to appeal under Section 378(3) of CrPC along with a Memo of Appealagainst the judgment and order of acquittal dated 21.3.2001 passed by the learned Addl. Chief Judicial Magistrate, West Tripura, Agartala in G.R. Case No. 77/1999 under Section 498(A)/34 of IPC. 3. The applicant has tried to explain the delay by making averments in the aforesaid application, particularly in paragraph 2 which is extracted below: - '2. That the delay was caused for following reasons : (a) That by a judgment dated 21.3.2001 in G.R. Case No.74/99 Under Section 498(A)/34 of Indian Penal Code was ended in Judgment of acquittal on 21.3.2001 and thereafter on 26.3.2001 application ...
Md. Safiqul Haque Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-13-2001
Ranjan Gogoi, J. 1. The instant writ application seeks to challenge the legality and validity of a departmental proceeding initiated against the petitioner by a show cause notice dated 30.10.1991. The validity of a subsequent order directing a de novo enquiry in respect of the said charges as well as the entitlement of the petitioner to the grant of retirement benefits have also been sought to be raised in the instant writ application.2. To appreciate the controversy that has arisen in the instant case it may be necessary to briefly set out hereunder the relevant facts.3. By an order dated 9.3.1991 the petitioner, who at the relevant time, was serving as the Superintendent of District Jail, Dibrugarh, was put under suspension pending drawal of departmental proceedings. A show cause notice dated 30.10.1991 was issued to the petitioner setting out as many as five charges and asking the petitioner to submit his reply to the said charges. The petitioner submitted his reply on 10.2.1992 an...
Jogesh Chandra Das and anr. Vs. State of Tripura
Court: Guwahati
Decided on: Sep-13-2001
A.H. Saikia, J.1. I have heard Mr. A.K. Deb, learned counsel for the petitioner and Mr. D. Sarkar, learned P.P. for the respondent.2. By this criminal revision, the petitioners have assailed the impugned judgement and order dated 20.2.1996 passed by the learned Sessions Judge, South Tripura, Udaipur dismissing both the Criminal Appeal No- 8(1)/96 and Criminal Appeal No.9(1)/96 by this common judgment affirming the conviction of the petitioners under Section 379/304-A IPC read with Section 39 of the Indian Electricity Act, 1910, (for short hereinafter called as Act), held by the learned Judicial Magistrate, 1st class, Udaipur, South Tripura in case No. GR. 389/91 by his judgment dated 27.12.1995 sentencing the petitioner to suffer imprisonment for one month and to pay a fine of Rs. 2000 only each in default to suffer imprisonment for another 15 days.3. The prosecution case in brief is that one Naresh Chandra Das while went out to catch fish in a river at about 1.30A.M. on 15.9.1991, di...
Mukunda Oja and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-12-2001
Ranjan Gogoi, J. 1. This Letters Patent Appeal is directed against the Judgment and Order dated 10.4.1997 passed by the learned Single Judge of this Court in First Appeal No. 33 of 1990. By the Judgment and Order under challenge in the present appeal, the learned Single Judge has reversed the Judgment and Decree dated 22.12.1989 passed by the learned Asstt. District Judge, Barpeta in Money Suit No. 11/1988 decreeing the suit of the plaintiff (appellant herein) for an amount of Rs. 1.24,850.00 along with interest thereon @ 6% per annum from the date of filing of the suit. 2. The case of the present appellants as plaintiffs in Money Suit No. 11/1988 is that the plaintiffs had hired from the defendants storing space in the cold storage cooling chamber at Howly as per terms and conditions of an agreement dated 11.9.1987. According to the plaintiffs, in pursuance of the aforesaid agreement they had deposited, in all 1401 bags of potatoes on different dates in the cold storage cooling cha...
MoijuddIn and ors. Vs. State of Assam
Court: Guwahati
Decided on: Sep-12-2001
D. Biswas, J.1. This appeal was directed against the judgment and order dated 4.10.1993 passed by Sri MM Sarkar, Sessions Judge, Barpeta, Assam in Sessions Case No. 6/89 convicting the accused appellants under Section 302/34 of the IPC and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000 each, in default, further rigorous imprisonment for three years.2. We have heard Mr. JM Choudhury, the learned senior counsel for the appellant and also Mrs. K. Deka, learned PP, Assam.3. The appeal was initially disposed of by a Division Bench of this Court on 23.9.1994 reversing the judgment of the learned Sessions Judge and acquitting the appellants. The Complainant preferred criminal Appeal No. 1899/96 before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dated April 4, 2000 set aside the judgment of reversal passed by this Court and remanded the appeal for hearing and disposal afresh. The Hon'ble Supreme Court passed the order of remand with...
B.K. Chakraborty Vs. Ashima Bhattacharjee
Court: Guwahati
Decided on: Sep-12-2001
B.B. Deb, J. 1. Heard Mr. U.S. Saha, learned Sr. Government Advocate assisted by Mr. S. Chakraborty for the appellant. 2. By this Letter Patent Appeal (LPA), the appellant put under challenge the order dated 29.6.2001 passed by the learned Single Judge in Contempt Case (C) No. 9 of 2001. In this contempt proceeding, the learned Single Judge amongst others, passed the following orders :- 'In my considered view, there is no wilful disobedience of the related judgment and orders of this Court on the part of the respondents concerned and, accordingly, no case of contempt is made out against them, and, hence, this contempt petition is hereby closed and disposed of. Despite the disposal of this contempt petition, I am constrained to make the following observations, order and direction. I made this observation by invoking the provision of Article 215 of the Constitution of India considering the nature of the case. The notification dated 3rd April, 2001 as in Annexure-R. 1 to the counter af...
Enu Begum and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-10-2001
D. Biswas, J. 1. The petitioners are the wife and children of late Ahmed Ali allegedly killed in police custody on 27.11.1998. They filed this petition claiming compensation of Rs. 10 lakhs. 2. Petitioners' case in brief is that Ahmed Ali was arrested by the police personnel on 27.11.1998 in connection with Dispur Police Station Case No. 1078 of 1998. It was a case of dacoity. He was shot at by the police and killed. It is alleged he was tortured while in custody and shot at by the police intentionally. 3. This Court while issuing Rule by the order dated 8.9.1999 directed the Learned District Judge, Kamrup, Guwahati to conduct an enquiry and submit report. Accordingly, the District Judge submitted a report vide forwarding letter dated 22nd December, 2000. Altogether seven witnesses were examined by the District Judge including the policeofficials. The relevant part of the report is quoted below: '.......The admitted position of the fact is that Ahmed Ali washit by bullet on' being fi...
Vita Angami Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Sep-10-2001
B. Lamare, J.1. Heard Mr. S. Dutta, learned counsel for the petitioner and Mr. L.S. Jamir, learned Addl. Sr. Govt. Advocate for the respondents. None appears for the respondents 7 to 12 although as per order dated 27.4.2000 passed by this Court, public notice has been issued by publishing in the local Newspapers twice, as such, notices upon the said respondents are deemed to have been served. The respondents 13 to 24 entered appearance but did not file any Affidavit nor contest the case in the later stage.2. The case in short compass is that, the petitioner claims to be the owner of the land measuring 250 x 225 sq.ft. under Dag No. 25, Block No. 7 in Dimapur. The land was purchased by the petitioner in the year 1968 from late Gaigrum, Gaon Bura, one of the earliest settlers in Dimapur. Since then, the petitioner has been peacefully in possession of the land and also paid house-taxes, GB census fees etc. In support of which, the petitioner has also filed the said receipts as Annexures-...
Kundal Majumder Vs. State of Tripura
Court: Guwahati
Decided on: Sep-07-2001
B.B. Deb, J.1. Heard Mr. P.K. Biswas, learned counsel appearing for the petitioner. Also heard Mr. D. Sarkar, learned Public Prosecutor, Tripura.By this petition under Section 438 CrPC the petitioner seeks for a direction to release him in the event of arrest in connection with Bikhora PS Case No. 18 of 2001 under Section 498-A I.P.C.2. The victim Smti. Sipra Nandi lodged an FIR against her husband and inmates of her-in-law's house including the petitioner to the effect that after marriage she was subjected to physical and mental cruelty in order to extort un-lawful dowry from her parents' house.3. The learned Public Prosecutor, submits that in the meantime chargesheet has already been filed and the learned Judicial Magistrate took cognizance of the offence and, as such, the petition under Section 438 Cr.P.C. popularly called 'anticipatory bail' petition, is not maintainable.4. The learned counsel for the petitioner Mr. P.K. Biswas, havingreferred a Full Bench decision of the Andhra P...
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