Guwahati Court November 2003 Judgments
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Bhairam Parik and anr. Vs. State of Assam
Court: Guwahati
Decided on: Nov-13-2003
Amitava Roy, J.1. This petition Under Section 397/401 of the Cr.P.C. is directed, against the judgment and order dated 18.11.2001 passed by the learned Sessions Judge, Golaghat in Criminal Appeal No. 49/2001 dismissing the appeal and upholding the conviction and sentence imposed by the learned Chief Judicial Magistrate, Golaghat in C.R. case No. 7/1997. The petitioners had been convicted Under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the 'Act') and sentenced to undergo simple imprisonment for six months and to pay fine of Rs. 3000/- each, in default, S.I. for another two months.2. I have heard Mr. G.N Sahewalla, learned senior counsel assisted by Mr. D. Senapati, Advocate for the petitioners and Mr. Singh, learned Public Prosecutor, Assam.3. The bare facts leading to the prosecution of the petitioners may be set out at the outset. On 12.5.1997, the District Food Inspector, Golaghat visited the shop named and styled as 'Ganpatrai Indrachand' a...
Manoj Kumar Deb Roy Vs. State of Assam and anr.
Court: Guwahati
Decided on: Nov-12-2003
Amitava Roy, J.1. This revision petition is directed against the judgment and order dated 11.7.1997 passed by the learned Sessions Judge, Kamrup, Guwahati in Criminal Appeal No. 16/95 dismissing the appeal and convicting the accused-petitioner under Section 380 of the IPC and sentencing him to undergo simple imprisonment for 2 months and to pay a fine of Rs. 500/- in default to further imprisonment for 10 days. The learned appellate court while maintaining the conviction of the accused-petitioner under the above provision of law reduced the sentence of imprisonment from one year to two months.2. I have heard Mr. J. M, Choudhury, learned senior counsel, assisted by Mr. B.M. Choudhury for the petitioner and Mr. P. Bora learned State counsel, I have also heard Mr. A. S. Choudhury, learned counsel for the Opposite Party No. 2.3. The prosecution case in short is that on 26.11.1990 the accused-petitioner along with two others forcibly broke open the house which was given on rent by him to t...
Piyush Madhukar Vs. the State of Assam and ors.
Court: Guwahati
Decided on: Nov-12-2003
Ranjan Gogoi, J.1. The petitioner appeared in the Joint Admission Test for admission to the first year MBBS course in the Medical Colleges of the state. The result of the aforesaid test which was held sometime in the month of May, 2003 was declared in the newspapers on 12.7.2003 and name of the writ petitioner (Piyush Madhukar) appeared in the select list of candidates called for interview. The interview which was scheduled to be held on 19.7.2003 was deferred to 13.8.2003. On the said date, the petitioner could not appear in the interview on account of illness and his attempts to be interviewed on a subsequent date not being successful he approached this court by filing WP(C) 6765/03. This court by order dated 8.9.2003 accepted the contentions of the petitioner and directed that the interview of the petitioner be held on 10.9.2003. On the aforesaid date, i.e., 10.9.2003, the petitioner appeared before the Interview Board and in the process that followed, an anomaly was detected in th...
Vijay Kumar Gupta and ors. Vs. Assam State Weaving and Manufacturing C ...
Court: Guwahati
Decided on: Nov-12-2003
Amitava Roy, J.1. This application under Section 482 of the Criminal Procedure Code (hereinafter referred to as the 'Code') is for quashing the proceedings of complainant case No. 1078C/93 under Section 406/420/68/120B of the IPC pending in the court of the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati. By the order dated 22.11.1995, Rule was issued by this court and the proceedings of the case referred to above had been stayed.2. I have heard Mr. A. S. Choudhury, learned senior counsel for the petitioner and Mr. 3. M. Choudhury, learned Senior counsel for the opposite party.3. The background of facts leading to the filing of the instant petition has to be set out. A complaint petition was filed by the opposite party in the court of the learned court below, wherein it was, inter alia, stated that in response to a notice inviting tender for supply/erection and commissioning of the plants and machineries of the Effluents Treatment Plant for the Textile Process House Pro...
Md. RaisuddIn Vs. Sahidul Islam and ors.
Court: Guwahati
Decided on: Nov-12-2003
P.G. Agarwal, J.1. Heard Mr. K.K. Mahanta learned counsel for the petitioner and Mr. A. Sharif, learned counsel for the respondents /opp. party.2. On an application filed by the petitioner First Party alleging apprehension of breach of peace in respect of the land measuring IB-IK covered by Patta No. 246 Dag No. 90 situated at village Hatimuria, under Mouza Moirabari in the district Morigaon, herein after referred to as the D.L. a police report was called for and thereafter, on being satisfied, the learned Magistrate drawn up proceeding under Section 145 Cr.P.C. vide order dated 8.4.1997 in Mr. No. 65/97. On conclusion of the enquiry, the learned Executive Magistrate declared possession over the D.L., in favour of the petitioner first party whereupon the respondents second party Sahidul Islam preferred a Criminal Revision before the learned Sess. Judg and the matter was remitted back to the trial court for fresh disposal after affording an opportunity to both sides for further evidenc...
L. Dorendra Singh Vs. Manipur Public School Society and anr.
Court: Guwahati
Decided on: Nov-12-2003
D. Biswas, J.1. The petitioner having obtained Master's Degree in Science from Banaras Hindu University and Bachelor's Degree in Education from Utkal University joined the Sainik School at Imphal as Post Graduate Teacher in the year 1973. In response to an advertisement issued on 25.10.1994, the petitioner offered his candidature for appointment to the post of Principal of the Manipur Public School. The Academic Committee, after extensive interview, finally recommended the petitioner for appointment. Accordingly, the petitioner was appointed as Principal and was placed on probation for a period of two years by the order dated 20.6.1996. Thereafter, by orders dated 1.8.1998 and 23.12.1998, the period of probation was extended upto 23.4.1999. The reasons for extension of the period of probation were not made known to the petitioner. By order dated 17.4.1999, the petitioner was terminated from service. The petitioner submitted a representation on 15.5.1999 for review of the decision of t...
Smt. Usha Rani Banik Vs. Haridas Das and ors.
Court: Guwahati
Decided on: Nov-11-2003
D. Biswas, J.1. This application for review of the Judgment and order dated 21-8-2002 passed in Second Appeal No. 12 of 1993 has been assigned to this Court for disposal. The Second Appeal was allowed by this Court by the judgment and order under review reversing the Judgment and order, passed in Title Appeal No. 6/1990 and affirming the Judgment and decree dated 19-4-1989 passed in Title Suit No. 2/1987. The matter was heard on 5-3-2003, and by order dated 9-4-2003 it was directed that the original files of Title Suit No. 201/1J985 along with records of Title Suit No. 1/1986, Title Suit No. 2/1987, Title Appeal No. 6 of 1990 and Civil Revision No. 210 of 1991 be placed on record. The matter was again heard on 30-7-2003. The records placed and made available are in a disarrayed condition which caused delay in rendering this judgment.2. Shri Haridas Das (opposite party in this review application) filed original Title Suit No. 2 of 1987 for cancellation of the sale deed executed on 26-9...
Nekib Ahmed Vs. Wahida Begum
Court: Guwahati
Decided on: Nov-10-2003
Amitava Roy, J.1. Heard Mr. T. Das, learned counsel for the petitioner. None appears on behalf of the Respondent.2. This revision petition under Section 397 read with Section 401 and 482 of the Cr.PC is directed against the order dated 4.7.2001 passed by the learned Chief Judicial Magistrate, Sibsagar in Misc. Case No. 24/ 94 registered on an application filed by the respondent claiming maintenance for the her minor child under Section 125 Cr.PC.3. The respondent, claiming herself to be the legally married wife of the petitioner initially filed an application before the learned court below for maintenance for herself as well as for her minor child. The application filed before the learned Chief Judicial Magistrate, Sibsagar was registered as Misc. Case No. 14/88. The learned court below after hearing the parties finally disposed of the same by judgment and order dated 17.3.1993 directing the petitioner to pay maintenance allowance to the respondent for the iddat period at the rate of ...
Basanti Singha Vs. State of Assam
Court: Guwahati
Decided on: Nov-10-2003
P.G. Agarwal, J.1. Informant Mobarak Ali filed a complaint case on 5.11.1994 stating inter alia, that he is a teacher at Patharkandi Girls' M.E. School herein after referred to as the school where accused Smt. Basanthi Sinha is officiating as Head Mistress. In respect of arrear pay allowance and salary for the month of January and February 1994 of the complainant Mobarak Ali, the said school prepared T.A. bill of Rs. 13,770 and the amount was drawn from the Bank on 11.3.1994. The accused, however, did not pay the amount to the complainant on this or that plea and has dishonestly misappropriated the same. The complaint was sent to police whereupon, G.R. Case No. 1153/1994 was registered and investigated. On receipt of the chargesheet, the Addl. Chief Judicial Magistrate, Karimganj held trail under Section 409 IPC wherein the prosecution examined as many as five witnesses. On conclusion of the trial, the trial Court convicted the accused person under Section 409 IPC and sentenced her to...
Aenakhal Tea Company Vs. on the Death of Bhagwat Sonar and Keshab Verm ...
Court: Guwahati
Decided on: Nov-07-2003
P.G. Agarwal, J.1. The appellant before us is the owner of Aenakhal Tea. Estate. They instituted Title Suit. No. 38/1986 in the court of Munnsiff No. (I), Hailakandi against the respondent Bhagawat Sonar (since deceased) praying for a decree of eviction of the defendant and delivery of khas possession to the plaintiff by removing all structures from the suit land described in the schedule to the plaint. The case of the appellant plaintiff, in brief, is that they are the owner of the suit land and the defendant was allowed to occupy the same temporarily with the condition that he will vacate the same as and when asked by the plaintiff. According to the plaintiff, the defendant, was occupying the land as a licensee. The plaintiff required the land for construction of labour quarters and when the defendant was asked to vacate the same, he refused to do so and hence, the suit.2. The suit was resisted by the defendant by filing a written statement, stating inter alia, that they are in poss...
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