Guwahati Court June 2002 Judgments

Oil and Natural Gas Corporation Ltd. Vs. Ambuja Cement Eastern Ltd.

Court: Guwahati

Reported in: 2003(1)ARBLR227(Gau)

P.P. Naolekar, C.J.1. The Appeal and the Civil Revision arise out of the same judgment and order dated 30.9.1996 passed by the Assistant District Judge, Sibsagar in Misc. (Arb) Case No. 49 of 1995, whereby the Assistant District Judge had granted injunction restraining the petitioner and the proforma Respondent from embarking upon and continuing with the Arbitration Proceeding arising out of the contract/supply order dated 23/26.6.1990.2. The petitioner is a company, which is carrying on the business of exploration and production of hydrocarbon and the Eastern Regional Business Centre of the Company is engaged in such activities in the North Eastern'States. The petitioner prepares various drill sites at various places as per geological data for the purpose of drilling rigs for exploration of hydrocarbon. The petitioner required ordinary Portland cement for various constructions at drilling sites. The petitioner for the purpose of procuring ordinary portland cement (OPC) invited open te...

Mustt Hasina Banu Vs. State of Assam

Court: Guwahati

I.A. Ansari, J. 1. By this common order and judgment, I propose to dispose of Criminal Appeal No. 312/2001 (Mustt. Hasina Banu v. The State of Assam) and Criminal Appeal No. 330/2001 (Md. Moyassam Hussain v. The State of Assam), which have arisen out of the common judgment and order, dated 11.9.2001, passed by learned Special Judge, Dhubri, in Special Case No. 04/98, convicting the accused-appellants under Section 7 of the Essential Commodities Act hereinafter referred to as 'the E.G. Act') for violation of the provisions of Clause 3 of the Assam Trade Articles (Licensing and Control) Order, 1982 (hereinafter referred to as 'the said Order of 1982') and sentencing each one of them to suffer simple imprisonment for a period of three months and to pay a fine of Rs. 1000 and in default, to undergo simple imprisonment for a further period of one month.2. Prosecution's case, as unfolded at the trial, may, in brief, be stated thus :On 30.12.1997, Md. Tobrijul Sajit Hussain, Sub-Inspector o...

Mohan Sarma Vs. State of Assam

Court: Guwahati

I.A. Ansari, J. 1. This appeal has been preferred against the Judgment and Order, dated 11.4.2000, passed by the learned Sessions Judge, North Lakhimpur, in Sessions Case No. 16(NL)/1999 convicting, the appellant under Section 376 IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 500.00 (Rupees five hundred) only and in default, to suffer rigorous imprisonment for a further period of six months. 2. The case against the appellant, as unfolded at the trial, may, in brief, be stated as follows : On 19.9.1998, Smt. Khageswari Sharma lodged a written Ejahar (Ext. 1), at Bihpuria Police Station, alleging, inter alia, that on the previous day, i.e., on 18.9.1998 at about 4 'O' Clock in the evening, while she was cutting grass at the grazing field on the bank of Dikrong river, accused Mohan Sharma (i.e., the appellant), suddenly, grabbed her from behind, closed her mouth by his hands and by making her lie on the grass, he committed rape on her and ...

Kukheswar Saikia Vs. Union of India (Uoi) and anr.

Court: Guwahati

I.A. Ansari, J. 1. By this writ application made under Article 226 of the Constitution of India, the petitioner, Kukheswar Saikia, who was a person subject to the Central Reserve Police Forces Act (hereinafter referred to as 'the CRPF Act') has approached this Court seeking issuance of appropriate writ/s and/or direction/s to the respondents against his removal from service.2. Briefly Stated, the petitioner's case runs thus : The petitioner was appointed as a cook by the respondents in the month of July 1991, and posted to 126 Auxiliary Bn. Mokamghat, Bihar. This 126 Auxiliary Bn. became 133 Bn. CRPF with effect from April 1994, and the petitioner continued to serve as a cook until the date of his removal from service. In the month of December 1997, on account of his mother's illness, the petitioner, with due permission, left his place of posting at Mahadeva out post, Manipur, for ten days on casual leave with effect from 19.12.1997 to 31.12.1997. After availing sanctioned leave, the...

Mahendra Nath Das Vs. State of Assam and ors.

Court: Guwahati

Ranjan Gogoi, J.1. Heard Mr. D.K. Sarma, learned counsel for the petitioner and Mr. A.C. Buragohain, learned Government Advocate, Assam.2. The challenge in the instant writ application is against an order dated February 17, 1998 passed by the Chief Secretary to the Government of Assam imposing the penalty of removal from service on the writ petitioner. The aforesaid penalty of removal from service has been imposed after holding a regular departmental enquiry in respect of the allegations brought against the writ petitioner by charge memo dated August 30, 1995.3. The grievances of the writ petitioner as against the penalty imposed are several as would appear from the averments made in the writ petition. However, for the purposes of the present case, this Court is concerned with only one question namely, the effect of not furnishing the writ petitioner with a copy of the report of enquiry. The aforesaid position on facts i. e. that no copy of the enquiry report was furnished to the writ...

Basir UddIn Laskar Vs. State of Assam and anr.

Court: Guwahati

I.A. Ansari, J.1. This revision is directed against the judgment and order, dated 15-5-1993, passed by learned Addl. Sessions Judge Cachar, Silchar, in Criminal Appeal No. 5(3) of 1992, dismissing the appeal and upholding the judgment and order, dt. 22-7-92, passed by the learned Judicial Magistrate, 1st Class, Silchar. In C.R. Case No. 1695/89, convicting the petitioner under Section 420, IPC sentencing him to suffer R.I. for six months and pay a fine of Rs. 500/- and in default, to suffer simple imprisonment for a further period of one month.2. The case against the accused-petitioner, as unfolded at the trial, may, in brief, be stated as follows : the complainant, Abdul Salam Laskar, could not come out with flying colours in HSLC examination held in 1979. He tried to obtain some employment, but came to realise that unless he passed HSLC examination, he had no chance of getting any employment. The complainant approached the accused-petitioner, namely, Basir Uddin Laskar, who was Secr...

Md. NazimuddIn Vs. Mustt. Monowara Begum

Court: Guwahati

I.A. Ansari, J. 1. This revision is directed against the order, dated 28.6.1994, passed by learned Judicial Magistrate. 1st Class, Nagaon, in M.R. Case No. 241/91, under section 3(1) of the Muslim Women's Protection of Rights on Divorce Act, 1986, hereinafter referred to as 'the Act of 1986' read with section 125 Cr.PC. 2. The facts giving rise to this revision may, in brief, be stated as follows : The O.P. filed a petition under section 3(1) of the said Act claiming an amount of Rs. 15,000 as Meher (Dower) from the 1st party along with maintenance allowance for the period of Iddat amounting to Rs. 1,660, recovery of Dowry articles valued at Rs. 1,250 and maintenance allowance for her minor daughter @ Rs. 300 per month, the case of the 1st party being, briefly stated, thus : 1st party was legally married wife of the Second Party. The Second Party dissolved the marriage by giving her 'talaque' and drove her out of her matrimonial home along with her said minor daughter. The meher was...

ibom Kamum Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

A.H. Saikia, J. 1. Heard Mr. K. Etc, learned counsel appearing on behalf of the petitioner. Also heard Mr. R.H. Nabam, learned Addl. Senior Govt. Advocate, A.P. and also heard Mr. T. Partin, learned counsel appearing on behalf of private respondent No. 3.2. This revision has been carried from the order dated 16.4.2002 rendered by the learned Judicial Magistrate, 2nd Class, Along deciding a civil matter having a valuation of more than Rupees One Lakh.3. The only grievance of the revision petitioner is that the learned Judicial Magistrate, 2nd Class has no jurisdiction to try a civil suit which is valued at more than Rupees One Lakh and as such, the impugned order is liable to be set aside on this score itself due to lack of jurisdiction. This submission of Mr. Ete, learned counsel for the petitioner has also been approved by the learned counsel appearing for the private respondent, Mr. Partin who has also contended that law does not permit the learned Judicial Magistrate, 2nd Class to...

Chandmal JaIn Vs. State of Assam

Court: Guwahati

I.A. Ansari, J. 1. This is an appeal against the judgment and order, dated 25.4.1994, passed by learned Sessions Judge, Kamrup, in Special Case No. 21/98, convicting the accused-appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as 'the said Act') for violation of Clause 10 of the Assam Trade Articles (Licensing and Control) Order, 1982 (hereinafter referred to as 'the said Order of 1982') and sentencing him to suffer simple imprisonment for a period of three months and in default, to suffer simple imprisonment for a further period of seven days.2. The case of the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows : On 22.9.89 at about 5 P.M. at Goreswar, Sri U C Bharali, Inspector, Food and Civil Supplies (F&CS;) along with a team from Bureau of Investigation, Economic Offences (known as BIEO), visited the shop of M/s Dharamchand Mahendra Kumar, a wholesale dealer of rice, which is a registered firm compr...

Bisheswar Badri @ Khetrapal Vs. State of Assam

Court: Guwahati

I.A. Ansari, J.1. True it is that a crime must not go unpunished, but in its anxiety to do justice, Court cannot admit inadmissible evidence nor can Courtrely on unreliable evidence. This case reminds us of these golden principles of criminal jurisprudence.2. This appeal arises out of the judgment and order, dated 17,4.2001, passed by learned Sessions Judge, Sibsagar, in Sessions Case No. 15(S-C)/1996, convicting the accused-appellant under section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000 and in default, to undergo rigorous imprisonment for a further period of 3 (three) months.3. The prosecution's case against the appellant, as unfolded at the trial, may, in brief, be stated as follows :Deceased Binty Khetrapal was wife of the appellant, namely Bisheswar Baori @ Khetrapal and both of them were employees of Teok Tea Estate. On 16.5.1995, at about 8A.M., while deceased was going to work, she was given blows with a dao (M.Ext. 1) ...