Guwahati Court May 2003 Judgments
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Shamsul Hoque Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-16-2003
Amitava Roy, J. 1. Heard Mr. Kiron Gogol, learned counsel for the petitioner and learned State counsel.2. As agreed upon by the learned counsel for the parties, I propose to dispose of this writ petition at the motion stage itself.3. The case of the petitioner is that, he is the registered owner of the Maruti Car bearing Registration No. AS-23/C-0298. The said Vehicle is used for his private/personal purposes only. He apprehends that the said vehicle of the petitioner may be requisitioned by the State respondents.4. In view of the law laid down by the Division Bench of this Court in Hemanta Kumar Sarma v. State of Assam (1991) 2 GLR 52, under the Assam Requisition and Control of Vehicles Act, 1968, a private vehicle cannot be requisitioned.5. The petition is disposed of with a direction to the State respondents that if the aforementioned vehicle of the petitioner is a private vehicle, the same would not be requisitioned by the State respondents. No costs....
Jirila Marak Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-16-2003
Amitava Roy, J.1. Heard Mr. N. S. Thakuria, learned counsel for the petitioner as well as learned State counsel for the respondents.2. As agreed upon by the learned counsel for the parties, I propose to dispose of this writ petition at the motion stage itself.3. The grievance of the petitioner is that her husband Late Simson Sangma was appointed as Muster Roll worker on 10.1.1956. His services were eventually regularised on 1.3.1984. He thereafter retired from service on 10.1.1985. His services was regularised while he was serving under N. H. Division of P.W.D., Goalpara. The state respondents denied pension to him on the ground that he had not completed 10 years of pensionable service in the regular capacity. The petitioner submitted representations before the state authorities, but to no avail. It is under these circumstances that the petitioner is before this court praying for an appropriate writ directing the State respondents to count the services rendered by the husband of the p...
Bhaben Saikia Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-16-2003
Amitava Roy, J. 1. Heard Mr. B. K. Borah, learned counsel for the petitioner as well as learned State counsel for the respondents. As agreed upon by the learned counsel for the parties, I propose to dispose of this writ petition at the motion stage itself. The short facts are that the petitioner's father Late Milai Saikia was working as an Assistant Agricultural Inspector at the 'Fruit Preservation and Training Centre' in the office of the District Agricultural Office, Lakhimpur, North Lakhimpur and died in harness on 11.11.1999. The petitioner being his son filed an application thereafter for compassionate appointment in a Grade III/TV post in terms of the existing Government Policy. His grievance is that though he is eligible in terms of the policy to be considered for such appointment, the state respondents have not taken steps in that regard. He has referred to an office memorandum dated 9.9.1986 in this connection. Upon hearing the learned counsel for the parties and on a consid...
Ram Prasad Goala and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-16-2003
Amitava Roy, J. 1. Heard Mr. A. Roshid, learned counsel for the petitioners as well as learned State counsel for the respondents.2. As agreed upon by the learned counsel for the parties, I propose to dispose of this writ petition at the motion stage itself.3. The case of the petitioners in short is that, they were appointed as Muster Roll Workers on the various dated between 1957 to 1968. Their services were eventually regularised as Muster Roll Workers by an order passed on 7.7.2000. They thereafter retired from service between 1987 and 1993. For a ready reference, the particulars of their dates of appointment, regularisation, retirement, length of service etc. are furnished herein below:Name Date of Regulari- Retire Length Total appointment sed ment of ser service vice periodSri Ram Prasad 1.1.57 1.3.84 31.5.87 3 yrs 30 yrs.GoalaSri Lipson Momin 1.2.59 1.3.84 31.7.89 5 yrs 30 yrsSri Jamser Ali 1.1.60 1.3.84 4.7.89 5 yrs 29 yrsPaniram Kachari 1.1.71 27.10.90 31.7.93 3 yrs 22 yrsMahen...
Amarjyoti Sarmah Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-16-2003
Amitava Roy, J. 1. Heard Mr. J Ahmed, learned counsel for the petitioner and Mr. Bora, learned counsel for the State respondents.As agreed upon by the learned counsel for the parties, I propose to dispose of this writ petition at the motion stage itself.The case of the petitioner is that, he is the registered owner of a Tata Diesel Vehicle bearing Registration No. AS-25/C-9623 and the same is used for the public purposes. The grievance of the petitioner is that the State respondents have been requisitioning the said Vehicle time and again without complying with the requirements of Sections 3 and 4 of the Assam Requisition and Control of Vehicle Act, 1968. The State respondents have also not paid the requisition compensation of the Vehicle. He has expressed an apprehension that the respondents are again contemplating to requisition the said Vehicle.In view of the law laid down by the Division Bench of this Court in Hemanta Kumar Sarma v. State of Assam (1991) 2 GLR 52, it is no longer...
Pulu Mura Vs. State of Assam
Court: Guwahati
Decided on: May-14-2003
P.G. Agarwal, J.1. Criminal Appeal 127(J) of 2002 and Criminal Death Reference Case No. 2 of 2002 were heard analogously and disposed of by this common judgment and order.2. In Sessions Case No. 97(T)/98, the accused appellant Pulu Mura, (hereinafter referred to as the accused) was charged for commission of the offence under Section 302, IPC on the allegation that in between the night of 14-2-1998 and 15-2-1998, he caused the death of his four children, namely, (1) Mantu Mura, (2) Kanchi Mura, (3) Sagi Mura and (4) Mangri Mura. The eldest of the four children was aged about 10 years and the youngest was about 3 years old. The prosecution allegation, as emerged from the evidence on record, is that the wife of the accused-appellant, Pulu Mura, left him and eloped with another person about 3 months prior to the occurrence and thereafter, the accused was residing in his house along with his four children. On the evening of 14-2-1998 the four children had gone to neighbours house to witnes...
Khagendra Nath Das Vs. Union Bank of India
Court: Guwahati
Decided on: May-14-2003
P. G. Agarwal, J. 1. Heard Mr. MA Sheikh, learned counsel for the appellant. This second appeal was admitted for hearing on earlier by this Court on 1.6.2001 with the following 2 (two) substantial questions of law : (1) Whether the document Ext. 8 amounts to an acknowledgement in writing so as to attract the provisions of Section 18 of the Limitation Acct, 1963 as has been held by the Lower Appellate Court ? (2) Whether the provisions of Article 67 and Limitation Act are attracted to the instant case so as to enable the Courts below to hold that the plaintiff's suit was within limitation 2. The respondent-plaintiff, Union Bank of India instituted money Suit No. 11 of 1985 before the Assistant District Judge, Barpeta stating, inter alia, that a lone of Rs. 28,910 was given to the defendant Nos. 1, 2 and 3 on 8.1.1979 on execution of necessary documents for purchasing of power tiller. The defendants paid a sum of Rs. 2,000 and thereafter, defaulted in making payment. They, however, e...
Mahavir Coke Industries Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: May-14-2003
D. Biswas, J.1. Both the writ petitions have been taken up together for disposal.2. The vires of Sub-section (4) of Section 4 of the Assam Industries (Sales Tax Concession) Act, 1986 and Rule 2(f) of the Assam Industries (Sales Tax Concession) Rules, 1988 are in challenge in Civil Rule No. 1027 of 1994. Civil Rule No. 1110 of 1994 has been filed for adjustment/refund of the amount of tax already paid.3. Section 4 of the Assam Industries (Sales Tax Concession) Act, 1986 and Rule 2(f) of the Rules framed therein are quoted below :'Section 4 : Certificate of authorisation.--(1) A person undertaking to manufacture in the State such goods, as may be prescribed, may make an application in the prescribed form to the prescribed authority and within the prescribed time for a certificate of authorisation for the purposes of Sub-section (1) of Section 3.(2) If the authority to whom an application is made under Sub-section (1) is satisfied that the application is in conformity with the provisions...
Baliram Prasad Gupta Vs. Md. Isa
Court: Guwahati
Decided on: May-13-2003
P.G. Agarwal, J. 1. This revision under Section 115 read with Section 151 of the Code of Civil Procedure and Article 227 of the Constitution is directed against the order passed on 28.2.2003 and 21.3.2003 by Civil Judge (Jr. Division) No. 2 at Tinsukia in Title Suit No. 3/2002, re-numbered as T. S. 2 of 2002.2. Heard Mr. D. Das, learned counsel for the petitioner and Mr. A. K. Goswami, learned counsel for the opposite party/plaintiff.3. The facts in brief are that the opposite party plaintiff Md. Isa instituted the above mentioned Title Suit stating, inter alia, that the suit land and premises belongs to the plaintiff and the present petitioner defendant was a tenant but the tenant has refused to pay the monthly rent on time and, thus, has become a defaulter and the defendant is also making some addition or alteration to the suit premises without the consent of the owner. The plaintiff therefore prayed for a decree for recovery of vacant Khas possession, eviction of the defendant and...
Dilip Borah Vs. State of Assam
Court: Guwahati
Decided on: May-12-2003
I.A. Ansari, J. 1. This is an appeal against the judgment and order, dated 17.1.2002, passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 60/2001, convicting the accused-appellant under Section 376(1) Indian Penal Code and sentencing him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5000 and in default, to suffer rigorous imprisonment for a further period of 6 months. 2. The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows : On the night of 14.1.2001, when Smti Manju Gogoi was asleep at her house along with her baby and her husband had gone to his neighbour's house to watch a TV show, the accused-appellant entered into the house, at about 10.00 pm, by forcibly opening its door, which was made of bamboo and was closed from inside with help of a bamboo pole, and on coming inside the room, the accused jumped upon Smti Manju Gogoi, gagged her mouth with a 'chador' (a sheet of cloth used as wearing ...
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