Guwahati Court September 2002 Judgments
Sonmoni @ Prasanta @ Santanu Bordoloi Vs. State of Assam
Court: Guwahati
Decided on: Sep-30-2002
I.A. Ansari, J. 1. By this common Judgment and Order, I propose to dispose of Criminal Appeal Nos. 199/2000 and 273/2000. 2. The present appeals, which have arisen out, of the Judgment and Order, dated 31.7.2000, passed by the learned Sessions Judge, Jorhat, in Session Case No. 49(J-J) of 1993, convicting the accused-appellants under Sections 448/323/376(2)(g)/34 IPC and sentencing each of them to suffer rigorous imprisonment for one year under the first and the second count and rigorous imprisonment for a period of 10 years and a fine of Rs. 2,000 (Rupees two thousand) and, in default, to suffer rigorous imprisonment for a further period of 6(six) months, on the third count, with direction that the sentences shall run consecutively, reminds us of one of the most salutary principles of our Criminal Jurisprudence, which requires the Court to presume the accused facing trial as innocent until his guilt is proved beyond all reasonable doubt. Though basic and often-repeated, this salut...
Tag this Judgment!Tsukjemwati Aier Vs. State of Nagaland
Court: Guwahati
Decided on: Sep-30-2002
B. Lamare, J. 1. Heard Mr. C.T. Jamir, learned counsel for the petitioner and Mr. I. Jamir, learned Addl. Advocate General for the respondents. 2. In the instant case a peculiar situation has arisen with the order No. Fin/TA/7-1/99, dated 20.3.2001 (Annexure-X to the writ petition) passed by the Disciplinary Authority, Finance Commissioner & Principal Secretary whereby a penalty has been imposed for removal of the petitioner from service. Thereafter, the petitioner preferred an appeal before the Appellate authority. The Appellate Authority disposed of the appeal by an order dated 27.11.2001 affirming the penalty imposed by the Disciplinary Authority. Incidentally, the authority who made the suggestions and recommendations on the appeal petition to the Appellate Authority happened to be the same person, the Principal Secretary & Finance Commissioner, Nagaland. 3. The records of the appeal has been produced by the learned Addl. Advocate General. On perusal of the records, it shows that...
Tag this Judgment!Provat P. Konwar Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-27-2002
Ranjan Gogoi, J. 1. An order dated 17.8.2000, terminating the services of the petitioner on the ground of unsatisfactory performance of duties, is the subject matter of challenge in the present proceeding. 2. The facts necessary to appreciate the challenge made in the instant writ application and to decide the entitlement of the writ petitioner to the reliefs claimed may be briefly set out as hereunder: By an order dated 29.3.1996, the petitioner was appointed as Manager (Marketing) in the respondent Corporation. The aforesaid appointment was made on probation for a period of one year with the stipulation that the period of probation may be further extended at the discretion of the management. By order dated 21.8.1997, the probation period of the writ petitioner was extended for a further period of 6 (six) months with effect from 28.3.1997. The petitioner thus continued to be in service under the respondent Corporation. He was allowed to attend to the duties of the General Manager (M...
Tag this Judgment!Jitendra Prasad Singh Vs. State of Assam
Court: Guwahati
Decided on: Sep-27-2002
I.A. Ansari, J. 1. This is an application made under Section 438, Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Sri Jitendra Prasad Singh in connection with Azara P.S. Case No. 64/2002 under Section 63 of Copyright Act. 2. Perused the above application and the materials on record. Also perused the relevant case diary. 3. Heard Mr. B.K. Mahajan, learned counsel for the petitioner, and Mr. Noor Mohammed, learned Public Prosecutor, Assam for the respondent. 4. It is submitted, on behalf of the petitioner, that since the offence alleged to have been committed by the petitioner is punishable under Section 63 of the Copyright Act (hereinafter referred to as 'the said Act') and the punishment prescribed therefore is upto 3(three) years, the same may be treated as a bailable offence and this Court may make necessary observations in this regard so that the petitioner may, if need be, apply for regular bail in the learned Court below. Alternatively, it is submitted that even if...
Tag this Judgment!Rakesh Kumar Gaur Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-23-2002
Ranjan Gogoi, J. 1. The petitioner was working as Havildar in the Assam Rifles at the relevant point of time. On 13.8.1998, a Court of Enquiry was held by the Assam Rifles authorities with regard to an incident of loss/ disappearance of the Arms and Ammunition allotted to the writ petitioner while he was in transit from Dimapur to Diphu, The Court of Enquiry recorded its findings adverse to the writ petitioner and the authority on consideration of the findings of the said Court of Enquiry, recommended a departmental proceeding against the petitioner by an order dated 20.10.1998. The petitioner was served with a show cause notice dated 13.2.1999 and the summary of evidence in the case was recorded on 26.3.1999. The statements of four persons including the petitioner were recorded. Thereafter, on 19.6.1999, a Charge Sheet was issued against the writ petitioner and pursuant thereto a Summary Court Martial was held on 24.6.1999. The petitioner was found guilty in the said proceedings and ...
Tag this Judgment!Dinendra Chandra Biswas Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Sep-20-2002
I.A. Ansari, J. 1. By making this application under Article 226 of the Constitution of India, the petitioner has approached this court seeking issuance of appropriate writ or. writs commanding the respondents to determine and pay to the petitioner all his reitral benefits including pension, gratuity, GPF, leave encashment money, etc., together with interest, which might have accrued thereon.2. Briefly stated, petitioner's case runs as follows :- The petitioner was, initially, appointed, on 6.12.1960, as Field Assistant by the Director of Forests, North East Frontier Agency, Headquarters, at Shillong, and in the year 1962, the petitioner was promoted as Forester-I. On 1.4.1984, the petitioner made a request, in writing, to the authorities concerned requesting them to allow him to take voluntary retirement from service on completing 25 years of service, but the same was no accepted and petitioner's senior officers requested him to continue for, at least, one more year. The petitioner, ...
Tag this Judgment!Nirmal Poddar Vs. State of Assam
Court: Guwahati
Decided on: Sep-18-2002
A.H. Saikia, J.1. Heard Mr. A. K. Bhattacharya, learned Sr. counsel assisted by Mr. K. Agarwal, learned counsel for the petitioner. Also heard Mr. F. H. Laskar, learned PP. Assam.2. The conviction of the petitioner, under Section 16(1) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short The Act') and subsequent sentence of rigorous imprisonment for 6 months and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for another period of 3 months passed by the learned CJM, Jorhat on 18-7-91 in CR No. 203/89 which was confirmed by the learned Sessions Judge by his order dated 12-5-92 in Criminal Appeal No. 24 of 91, is the subject-matter of challenge in this criminal revision petition.3. The prosecution case briefly stated is that one Sri B. N. Pathak, Food Inspector, Jorhat, collected samples of iodised salt on 17-5-89 from the shop of petitioner after observing all legal formalities in accordance with law. He purchased six hundred grams o...
Tag this Judgment!Prasanta Bhagawati Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-16-2002
D. Biswas, J. 1. By this common judgment both the writ petitions are disposed of as the cause of action in both the petitions and the reliefs claimed are one and identical. 2. The respondent No. 3 issued a notice inviting tender on 6th July, 2000 for supply of Potable Alcohol/Rectified Spirit Grade-I to the North Lakhimpur Excise Ware House for a period of three years with effect from 15.9.2000 or from the date of settlement as the case may be. The petitioner was one of the participants and he has filed this petition challenging the report of the respondent No. 3, Commissioner of Excise, laying down the criteria of workable rate and suggesting settlement of the contract with the respondent No. 4. 3. The Commissioner of Excise, Assam issued the tender notice dated 6th July, 2002 (Annexure-A) inviting tenders for supply of rectified spirit/ potable alcohol Grade-I. The tenders were opened on 25.7.2000 in presence of all the six tenderers and their representatives. The six tenderers wh...
Tag this Judgment!Laxmi Mohan Chakma and anr. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Sep-13-2002
B.B. Deb, J. 1. Heard Mr. B. Das, learned senior counsel for the petitioners and Mr. U.B. Saha, learned senior Govt. Advocate being assisted by Mr. B. Datta, learned counsel for the respondents. 2. The petitioners while serving as Sub-Inspectors of Police under the Govt. of Tripura, were sent for undergoing training in West Bengal in March, 1975. The State Govt. employees of Tripura observed continuous strike. To face the situation, the Government of Tripura decided to extend incentives to the employees who did not participate in the strike. Since the petitioners attended their duties in the Training Centre in West Bengal during the period of strike, they were granted two advance increments vide D.O. No. 580 dated 28.5.1975 by the Superintendent of Police, C.I.D., Govt. of Tripura. The petitioners enjoyed the benefit of 'double advance increments' since from the time of granting the same, but subsequently the petitioners were served with notices bearing No. 19376-78/AUDIT (7)-SP(SB)-...
Tag this Judgment!Indian Oil Corporation Ltd. and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-13-2002
P.G. Agarwal, J.1. In this batch of writ petitions, which are disposed of by this common judgment, the petitioners have challenged the validity and legality of the provisions of Section 10A of the Assam General Sales Tax Act, 1993, for short 'the Act', and the provisions of Rule 19A of the Assam General Sales Tax Rules, 1993, for short 'the Rules'. The provisions of Section 10A of the Act, which were incorporated by the amending Act of 1999 and made applicable with effect from June 1, 1999 read as follows :'Section 10A. Audit of accounts of certain dealers.--Every dealer whose gross turnover in a year exceeds rupees forty lakhs, shall get his accounts audited by a chartered accountant and shall submit a copy of the audited statement of account and certificate in such manner as may be specified.'Rule 19A of the Rules read as follows :'The certificate of audit of the accounts of a dealer required to be furnished under Section 10A shall be in form XXXI accompanied by statement of particu...
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