Guwahati Court December 2003 Judgments
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S.N. Yadav Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Dec-08-2003
S.K. Kar, J. 1. The petitioner S.N. Yadav, was serving as an A.S.I. in the Police department, but was removed from service vide order dated 6/10/1995 for which he has approached this court for relief by invoking provision of Article 226 of the Constitution of India alleging violation of natural justice etc.2. The factual matrix of the case is as follows. The petitioner claims he was initially recruited as Constable on 6.2.1984, promoted to A.S.I. by respondent No. 2 on 20/4/1989, his service was confirmed on 8/10/1990 in the grade of ASI and his service was regularised in the same grade from 27th November, 1991.3. It is stated that while posted at Sairang Police-Out Post under Bawngkawn Police Station as 2nd O.C. respondent No. 3 directed an inquiry on certain allegations of misconduct against the petitioner and he was put under suspension, memorandum of charges were framed and Enquiry Officer was appointed. On receipt of the inquiry report order of removal was passed illegally on 6.1...
Musstt. Khamala Begum Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-08-2003
B.K. Sharma, J.1. Custodial death of an under trial prisoner is the subject matter in the instant writ petition. Alleging violation of basic human rights available to a citizen as a consequence of which the husband of the petitioner died while in jail custody, the petitioner has prayed for adequate compensation towards compensating the loss sustained by the family members.2. The husband of the petitioner was arrested in connection with Sarbhog P.S. case No. 39/94 (CR Case No. 370/94) and he was forwarded to the Court of Judicial Magistrate, Barpeta on 9.9.1999. The learned Judicial Magistrate, Barpeta upon production before him remanded the accused husband of the petitioner to jail custody by his order dated 9.9.1999. After such remand to jail custody and when the petitioner was at Barpeta District Jail, he died on 12.9.1999. This was reported to the learned Judicial Magistrate, Barpeta on 12.9.1999 by the Jail Superintendent, District Jail, Barpeta, An order was passed by the learned...
Ajit Deka Vs. Assam State Electricity Board and ors.
Court: Guwahati
Decided on: Dec-08-2003
Amitava Roy, J.1. A tragic incident leading to the death of the petitioner's father the bread earner of a family of six members and the apathetic attitude of the Assam State Electricity Board thereinafter referred to as the Board) in providing him with compensation has brought the petitioner before this court.2. I have heard Mr. H. Sharma, learned counsel for the petitioner, Mr. Singha, learned Standing counsel for the Board and Mrs. R. Chakraborty, learned State counsel, Assam.3. This court while issuing Rule on 12.4.2000 directed the Senior Electrical Inspector, Barpeta Zone. Govt. of Assam to make an enquiry into the matter and submit a report. By way of interim measure, this court further directed the Board to pay an amount of Rs. 25000 by way of interim compensation. Inspite of the above order of this Court, no report has yet been submitted. In view of the fact that the incident took place as far as back as in 1999, I do not propose to postpone the disposal of this case any furth...
Nagen Das and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-08-2003
P.G. Agarwal, J. 1. Heard the learned counsel for both sides.2. This revision is preferred by the petitioners whereby the judgment and order dated 22.1.1996 passed by the Sub Divisional Judicial Magistrate (S), Barpeta in G.R. Case No. 48/92 has been challenged. In the above trial, the respondent Nos. 2, 3, 4 and 5 were charged and tried for the offence Under Section 323/324/326/34 IPC and on conclusion of the trial, the trial court acquitted certain persons and convicted respondent Nos. 2 to 5 Under Section 323/34 IPC and the charge Under Section 324/326 IPC has been held to be not established.3. The learned counsel for the petitioners has submitted that he has not challenged the acquittal of the accused who are not before us. The petitioner is aggrieved for not convicting the respondent Nos. 2 to 5 for the offence Under Section 324/326 IPC and prays for enhancement of sentence.4. So far the sentence is concerned, the accused persons have been directed to pay a fine of Rs. 500/- ea...
Anjay Kumar Nath Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-06-2003
D. Biswas, J.1. The petitioner was enrolled as constable in 4th Assam Police Task Force Battalion and sent for training. No formal letter of appointment was issued to him except an identity card. He joined the training course with effect from 26.3.2001. During the course of training, on 30.8.2001, he was directed to leave the service and released. No formal order of discharge was served on him. The petition is footed on the ground that he has been denied the protection of Article 311 of the Constitution. The petitioner came to know that his discharge was founded on die police verification report which in dieted him for being involved in antisocial activities.2. The respondents pleaded that the petitioner was enrolled for the purpose of appointment on successful completion, of training and satisfactory police verification report. During the course of training, the police verification import sent by the Deputy Superintendent of Police (DSB), Dhubri was received. The report disclosed tha...
Hazarat Alom Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-05-2003
B.K. Sharma, J.Since the same question of fact is involved in both the writ petitions, I propose to dispose of the same at the motion stage itself.1. Heard the learned counsel for the parties.2. In WP(C) 8557/03, it is case of the petitioner that he has been appointed as Superintendent-in-Charge of Borair Alga High Madrassa by Annexure - A order dated 7.4.2003. The condition was attached to the said appointment order to the effect that a regular Superintendent would be appointed within four (4) months. The said appointment of the petitioner by the Managing Committee was approved by the aforesaid Annexure - A order dated 7.4.2003.3. In WP (C) No. 9518/03, it is the case of the petitioner that pursuant to an advertisement, a regular selection for the aforesaid post of Superintendent was held and he was selected for the same. In fact, by Annexure (C) order dated 6.11.2003, the petitioner was appointed as Superintendent by the Managing Committee of the school pursuant to his selection. It...
Minakshi Saikia Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-05-2003
B.K. Sharma, J.1. The petitioner seeks for a direction in this writ petition for her appointment on compassionate ground. The father of the petitioner who was working as subject Teacher in Geography in Laluk Higher Secondary School, Lakhimpur expired on 2.6.2001. To meet the hardship which had befallen on the petitioner's family, she had sought for her appointment on compassionate ground. IT appears that she has submitted a representation on 15.7.2001 and the Director of Elementary Education, Assam has forwarded her application by the communication dated 12.3.2002. Thereafter, the Government of Assam, Education Department addressed a letter to the Director of Elementary Education on 14.5.2002 making certain enquires.2. In view of the aforesaid facts and circumstances, I dispose of the writ petition with a direction to the respondent No. 1 to consider the case of the petitioner in the light of the prevalent scheme for compassionate appointment. Such consideration will not be confined ...
Pitambor Das Vs. State of Assam
Court: Guwahati
Decided on: Dec-04-2003
P.G. Agarwal, J.1. This appeal is directed against the judgment and order passed by the Trial Court in Sessions Case No. 74(D) of 1994, whereby the appellant was convicted under Section 376/511 of I.P.C. and sentenced to suffer R.I. for seven years and to pay a fine of Rs. 500, in default to further imprisonment for one month.2. The prosecution case, 'in brief, is that on 4.5.1994 while Punaram Das was awaiting at bus stand at Dibrugarh along with his wife and minor daughter, Smt. Bindumati Das, the accused appellant Pitambor Das introduced himself as an acquaintance and thereafter took the old man away on the pretext of having a cup of tea. After putting the old man away from the scene of incident, he returned back to the bus stand and this time he took away the minor daughter, Smti Bindumati Das on the plea of providing a cup of tea. The accused took away the girl to a tea garden and there he committed rape on her. The victim raised halla for help where upon some neighbour came and ...
State of Assam Vs. KalamuddIn and anr.
Court: Guwahati
Decided on: Dec-04-2003
P.G. Agarwal, J.1. Heard the learned Public Prosecutor.2. This appeal by the State is directed against the judgment and order dated 8.12.1998 passed by the Sessions Judge, Hailakandi in Sessions Case No. 25/98 whereby the accused persons were acquitted from charge under Section 302 read with Section 34 IPC.3. On the night of 5.10.1996 Fakarul Islam was found lying dead in the house of Abdul Zabbar with multiple injuries on his person. On police being informed by the mother of the deceased, case was registered and investigated. PW-7 is the doctor Santosh Bhattacharjee who held the autopsy and found the following injuries on the persons of the deceased :-(1) 'One share cut injury on the posterior region of the scalp 8 cm. x cm. fracturing the skull bone.(2) One sharp cut injury on the middle of the scalp 6 cm. x 1 cm. and fracturing the skull.(3) One sharp cut injury on the parietal region of the scalp 7 cm. x 2cm. x 2 cm. and fracturing the right parietal bone.(4) One irregular cut inj...
Pradeep Dutta Bhowmik and ors. Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Dec-04-2003
T. Vaiphei, J. 1. This is an application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 and/or under Article 227 of the Constitution of India for quashing the order dated 23-5-1998 passed by the learned Chief Judicial Magistrate, West Tripura, Agartala in which the Officer-in-charge. West Agartala P.S. was directed to treat the complaint petition of the Opposite Party (for short 'O.P.') No. 2 as F.I.R. and for registration of the F.I.R. No. West Agartala P.S. 134/1998 under Sections 380/454/448/467/468/471/120B/34 of I.P.C.2. Shorn of details the material facts of the case may be stated :-- The O.P. No. 2 who is the wife of Late Bhupendra Dutta Bhowmik, filed a complaint petition on 23-5-1998 before the learned Chief Judicial Magistrate, West Tripura, Agartala against the petitioners for commission of the aforesaid offences. The learned C.J.M. forwarded the complaint to the O/C., West Agartala P.S. with a remark in the margin of the complaint petition...
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