Guwahati Court September 2001 Judgments
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Union of India (Uoi) and ors. Vs. L.C. 74799m Naib Subedar
Court: Guwahati
Decided on: Sep-07-2001
R.S. Mongia, C.J. 1. The respondent writ petitioner had challenged the legality of the findings and sentence awarded against him by the General Court Martial and also the confirmation order passed by the G.O.C., 101 Area, vide order dated 3.5.1999 by filing a writ petition in this Court. 2. The respondents before the writ court (now appellants) raised an objection that the writ petition should not be entertained as the writ petitioner had efficacious alternative remedy to file statutory complaint (appeal) before the Chief of the Army Staff under Section 164(2) of the Army Act, 1950. The learned Single Judge however did not agree with the respondents (now appellants) that in the facts and circumstance of the case the alternative remedy under Section 164(2) of the Army Act would be efficacious. The learned single Judge rather considered the legality of the confirmation order passed by the G.O.C. whereby he had confirmed the conviction and sentence passed against the writ petitioner b...
Narendra Kumar Das and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Sep-07-2001
B.B. Deb, J. 1. By this writ petition under Article 226 of the Constitution of India, the petitioners seek for a writ of mandamus directing the respondents to provide them the identical pay scale benefits of Diploma holder Overseers which have been allowed to the proforma-respondent Nos. 3 to 7.2. The petitioner Nos. 1, 2 and 3 passed the Diploma in Mechanical engineering from Narsingarh Polytechnic Institute in the year 1964, 1965 and 1966 respectively while the petitioner No. 4 did the diploma in Electrical Engineering from the aforesaid Institute in 1966. The course of diploma in engineering was of three years duration. The petitioner No. 1 was appointed in the post of Instructor with a posting at Industrial Training Institute, Kailashahar, North Tripura in the year 1970 by the Director of Industries while the petitioner Nos. 2, 3 and 4 had also been appointed as Instructors in Aug 73 Subsequently the petitioner No. 1 was promoted to the post of Foreman in 1980, After introduction ...
Dr. W.S. Dann Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Sep-07-2001
A.K. Patnaik, J. 1. The petitioner joined on 14.9.1979 as a Class-II Officer of the Meghalaya Animal Husbandry & Veterinary Service. On 1.2.1985, a gradation list of Class-II Officers of the Meghalaya Animal Husbandry & Veterinary Service was published, and in the said gradation list the petitioner was placed in 20th position and respondents-3 to 6 were placed in 21st to 24th position. Hence, the petitioner was senior to respondents-3 to 6. By a notification dated 31.5.1985 of the Government of Meghalaya, Animal Husbandry & Veterinary Department, respondents-3 to 6 amongst others were promoted and appointed for a period of one year to officiate in Class-I posts of Meghalaya Animal Husbandry & Veterinary Service. The petitioner submitted a representation dated 24.6.1985 to the Special Secretary to the Government of Maghalaya, Animal Husbandry & Veterinary Department, against such promotion of respondents-3 to 6 who were Junior to the petitioner. In the mean while,...
Priya Hazarika and anr. Vs. State of Assam
Court: Guwahati
Decided on: Sep-06-2001
1. This appeal is directed against the judgment and order dated 14.3.1997 passed by the learned Additional Sessions Judge, Sonitpur. Tezpur in Sessions Case No. 10(S)/86, whereby both the accused appellants were sentenced to imprisonment for life and also with fine of Rs. 2000/-, in default to R.I. for another six months under Sections 302/34 IPC. 2. The facts in brief are that on the ill fated day of 20.1.1985 the deceased Rebati Bhuyan along with his brother Tapan Bhuyan and one Tarun Hazarika went to the land at Karchantala. They also carried bamboo and thatched in two carts driven by Ghana Kanta Bhuyan P.W. 7 and Golok Das P.W. 8. When the complainant party reached the land they found accused appellants Priya Hazarika, Ananda Bania and one Sada Bania working in the field when the deceased enquired as to what they are doing in their field the accused persons attacked them with lathis, spears etc. whereupon members of the complainant party took to their heels. They were chased and ...
Mon Bora Alias Bijay Bora Vs. State of Assam
Court: Guwahati
Decided on: Sep-06-2001
P.G. Agarwal, J.1. Both these appeals are heard analogously as they are directed against the common judgment passed by the Sessions Judge,Golaghat on 22.6.1999 in Sess. Case No. 15/98 whereby the learned trial court convicted the accused appellants, namely, Sri Rubu Singh, Sri Basa @ Khireswar Sarmah and Sri Mun Bora @ Bijay Bora under Section 302, IPC and sentenced each of them to suffer Imprisonment for life and to pay a fine of Rs. 1,000 in default further rigorous imprisonment for one year.2. On 7.1.1997 Smt. Bouti Bhowmik lodged a written FIR (Ext.1l) before police stating inter alia that on that day at about 10 PM the three accused persons named in the FIR called out her younger brother Tapan De from the house of their neighbour Jaladhar Majumdar and thereafter assaulted him with khukuri, dagger etc. and caused grievous hurt to the injured and when he was removed to Golaghat Govt. Hospital where the doctor declared him dead.3. After usual investigation police submitted charge sh...
Abdul Kalam Vs. State of Tripura
Court: Guwahati
Decided on: Sep-05-2001
B.B. Deb, J. 1. Heard Mr. D.C. Roy, learned counsel for the appellant. Also heard Mr. D. Sarkar, learned Public Prosecutor along with Mr. B.R. Das Roy for the respondent. 2. Against the judgment of conviction under Section 304 Part-II IPC and sentence of RI for 7 years and a fine of Rs. 500, in default, further R.I. for 3 months passed by the learned Addl. Sessions Judge, Kailashahar, North Tripura on 22.8.1996 in S.T. No. 26(NT/K)/92, the convict-appellant preferred this criminal appeal. 3. The prosecution case leading to conviction of the appellant could be precisely depicted as under:- One Sri Molla Mia lodged the FIR with Kailashahar PS bearing No. 39/ 11/88 alleging, inter alia, that on 28.11.1988 at about 11 AM while his son Abdul Salem was grazing buffaloes near Irani bazar, someone caused serious gun-shot injury on the right chest of his son with intent to kill him. the injured was promptly shifted to Kailashahar hospital in unconscious condition, the Police having registere...
Pramila Bordoloi Vs. Blue Hill Travels (P.) Ltd. and ors.
Court: Guwahati
Decided on: Sep-05-2001
J.N. Sarma, J.1. This appeal has been filed against the judgment and award dated 21.7.2000 passed by the Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC case No. 581/1996.2. A claim case was filed for the death of one Pratap Bordoloi. The deceased was a driver by profession and on 15.7.1995 he was coming to Guwahati by driving a vehicle which was owned by Blue Hill Travels, Guwahati. When the bus reached Magina under Gohpur police station at about 8.30 P.M. and passing through a portion of the road, which was submerged with water, a truck bearing registration No. AMA-2819 proceeding from the opposite direction in a rash and negligent manner, collided with the bus and as a result the bus was capsized. The driver of the bus namely, Pratap Bordoloi expired as a result of the injuries sustained by him in the accident. A claim was filed for an amount of Rs. 9,00,000. The bus was insured with the M/s United India Insurance Company Ltd., O.P. No. 3. The Insurance Company, O...
Abdur Rahman and anr. Vs. State of Assam
Court: Guwahati
Decided on: Sep-04-2001
D. Biswas, J.1. The appellants herein were tried by the learned Sessions Judge, Karimganj in Session Case No. 16/95 under section 302 IPC read with Section 34 IPC. On conclusion of trial, the learned Sessions Judge convicted both the appellants under section 302 IPC read with Section 34 IPC and sentenced each of them to rigorous imprisonment for life and also to pay fine of Rs. 2000 each, in default, to undergo six months regorous imprisonment.2. Being aggrieved thereby, the appellants have preferred this appeal from jail,3. Mr. B.M. Choudhury, learned Advocate was appointed as Amicus Curiae and Mr. D. Das, learned Public Prosecutor represented the State.4. Investigation was set on motion by the police on receipt of an ejahar on 20.9.1993 lodged by one Ancharuddin alleging that the appellants on the same day at 7.30 AM chased Asabuddin and inflicted grievous injuries on his person with dao and dagger like weapons. The complainant's younger brother informed the Police about the ongoin...
Victor Cane Industries Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Sep-01-2001
R.S. Mongia, CJ (Actg)1. The appellant is a partnership firm having its place of business at Makum in the District of Dibrugarh, Assam. The firm is engaged in the manufacture of cane baskets and furniture and is a registered dealer under the Assam Sales Tax Act, 1947 as also under the Central Sales Tax Act, 1956. In order to foster industrial growth and development in the country, the Central Government and various State Governments from time to time have introduced a number of schemes offering Incentive and subsidies to various industries keeping in view the Industrial growth. Such benefits are limited for a certain duration of time, which is from the date of commencement of commercial production by an industrial unit. The main purpose being that during the period of.... new industrial unit may secure a foothold in the industrial world.2. The Government of Assam, in the Department of Industries, had also under its industrial policy, with a view to provide impetus to speedy industrial...
Baren Roy Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-01-2001
A.H. Saikia, J. 1. I have heard Mr. B.P. Kataky, learned Sr. counsel assisted by Mr. PP Baruah, learned counsel appearing on behalf of the petitioner. Also heard Mr B J Talukdar, learned Govt. Advocate, Assam. 2. By this Writ application the petitioner has assailed the legality and validity of the impugned order dated 5.11.1995 passed by the Director, Secondary Education, Assam, respondent No.2. 3. The case of the petitioner is that while he was working as Assistant Teacher (Sanskrit) in the Bajall H.S. & M.P. School, he was put under suspension by office Order dated 31.8.1998 and a disciplinary proceeding was initiated against him with the following two charges namely (i) while he was working as an Assistant Teacher in the aforesaid school, he offered to obtain a transfer order of one Birinchi Kakati who was serving as Assamese Language Teacher in the B.N.M.P. School.Dholal in the District of Cachar to Chowkhuti High School, Barpeta on payment of Rs. 15000. He made this offer t...
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