Guwahati Court May 2003 Judgments
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Baljit Singh Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-09-2003
I. A. Ansari,J. 1. This is an application made under Section 438 of Cr.PC seeking pre-arrest bail by the petitioner, namely, Baljit Singh, in connection with CID Police Station Case No. 52/2002 under Section 20(b)(i)/29 of the NDPS Act. 2. I have heard Mr. B. K. Mahajan, learned counsel for petitioner, and Mrs. B. Rajkhowa, learned Addl. P. P., on the question of maintainability of this application for pre-arrest bail. This hearing was held in consequence of the order, dated 28.2.2003, which is quoted herein below : 'In both the cases the preliminary question raised is regarding the maintainability of the application for pre-arrest bail in a case under the NDPS Act. Moreso, in view of the recent decision of this Court in the case of Suresh Dutta v. State of Tripura, (2003) 1 GLJ 107. Learned counsel for the petitioner prays for some time to make submission. List the matter in the next week. Released from part heard. Let it be listed before any other Bench.' 3. From a careful readi...
State of Mizoram Vs. Sh. Kaphmingthanga
Court: Guwahati
Decided on: May-09-2003
S.K. Kar, J. 1. This is an application for condonation of delay in filing MAC Appl. No. 1/03. Both the parties were heared. The appellant, State of Mizoram, has intended to condone a delay of 208 days in presenting the appeal against judgment and order dated 12/4/02 passed by Member, MACT, Aizawl in MACT Case No. 76/98 (Sh. Kaphmingthanga v. Commandant I.R. Bn. Khuangleng Post). Learned Tribunal passed an award of Rs. 1,54,500/- in favour of father in connection with death of a child of age 4 years in vehicular accident taking place on 25,9.1996 involving vehicle No. MZ 01-9796. 2. Briefly stated, the cause for delay is stated to be due to processing of the file in the government departments and for the getting sanction of a sum of Rs. 25,000/- for making the statutory deposit for presenting the appeal etc. 3. In this affidavit-in-opposition the respondent/O.P has objected by contending that the explanation given for the delay cannot be termed as a 'sufficient cause' under the fac...
Kamal Bora Vs. State of Assam
Court: Guwahati
Decided on: May-09-2003
I.A. Ansari, J. 1. The judgment and order under challenge was passed, on 12.1.1998, by the learned Sessions Judge, North Lakhimpur, in Sessions Case No. 18(NL) of 1995, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000 and, in default, to suffer rigorous imprisonment for a further period of one month.2. In a nut-shell, prosecution's case, as unfolded at the trial, runs as follows: One Sri Akon Bora of village Rajkhowa gaon lodged a written FIR, on 25.9.1994 at 7 AM, at Panigaon police out post, which falls under North Lakhimpur police station, stating to the effect that on the previous day at about 12 'O' clock at night, while his elder brother, Nabin Chutia, was keeping watch on his 'Muga' plantation at his farm house, he was killed by some miscreants by giving blows with 'dao' and that at the time of occurrence, Nabin Chutia's ploughman too was sleeping in Nabin Chutia's company. Based on the FIR...
State of Manipur Vs. Saikhom Ramo Singh
Court: Guwahati
Decided on: May-08-2003
H.K.K. Singh and B. Lamare, JJ.1. This is a reference made by the Additional Sessions Jugde (Fast Track Court, Manipur East), at Imphal under Section 366 of Cr.P.C. in respect of sentence of death passed by the Court in Sessions Trial No. 19/ME/IE/1985/401985/1/2002/6/2002 against the accused Saikhom Ramo Singh.2. As the convicted accused is undefended the Court appointed Mr. N. Ibotombi Singh as Amicus Curiae for the defence of the accused convicted.3. We have heard Mr. Jalal Uddin, learned P.P. for the State and also Mr. N. Ibotombi, learned Amicus Curiae.4. At the outset, the learned Amicus Curiae has clearly stated that no appeal has been preferred by the accused convict mainly because of the fact that the procedure adopted by the learned Trial Court in conducting, the trial involving the accused who was suffering from unsoundness of mind is not in accordance with the provisions contemplated under Chapter XXV of Cr.P.C. To highlight his submission the learned Amicus Curiae has tak...
Oriental Insurance Co. Ltd. Vs. Darremi and anr.
Court: Guwahati
Decided on: May-08-2003
S.K. Kar,J 1. As per the given cause-title this is an appeal filed by the Oriental Insurance Co. Ltd., Aizawl, under Section 173 of Motor Vehicles Act, 1988 (as amended up to date) against the judgment and order (instead of 'order' it should have been mentioned as 'award') dated 14.2.2002 passed in MACT Cage No. 115/99 by MACT, Aizawl.2. Respondent/claimant Darremi, has stated that she was travelling in a bus, bearing registration No. MZ-02/0223, which met with an accident on 25.3.1999 and she sustained injuries resulting to her disablement to the extend of 70%. That the vehicle was insured with Oriental Insurance Company (the present appellant) etc.3. The case was settled by the Tribunal awarding a compensation of Rs. 1,77,000 with 12% interest per annum from the date of judgment and award passed by MACT, Aizawl.4. I have heard learned counsel Mr. S.N, Meitei appearing for the appellant as well as learned counsel Mr. George Raju appearing for the claimant/ respondent No. 1. Learned c...
Shree Construction and Investment Co. Vs. Assistant Commissioner of In ...
Court: Guwahati
Decided on: May-07-2003
P.P. Naolekar C. J. 1. Heard Mr. G. N. Sahewalla, learned counsel for the appellant, and Mr. U. Bhuyan, learned standing counsel for the income-tax. The appeal is admitted on the following questions of law : '(1) Whether, on the facts and circumstances of the case, the learned Tribunal was justified in upholding the addition of Rs. 3,00,000 on account of consultancy and liaison charges without there being a finding by the learned Assessing Officer that no services were rendered by Assam Vegetable and Oil Products Pvt. Ltd. to the appellant-firm ?(2) Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in making the disallowance under the head 'Land development' when it would be clear and evident from the records of the instant case that the land acquired was in the better interest of the trading activities of the appellant-firm ?(3) Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in making the di...
Oriental Insurance Co. Ltd. Vs. Lalliankimi and anr.
Court: Guwahati
Decided on: May-07-2003
S.K. Kar, J. 1. Heard learned counsel appearing for the petitioner who tried to invoke power of this court under Article 227 of the Constitution of India read with Section 151 of CPC in connection with award granted by MACT Aizawl in MACT Case No. 71/98 vide order dated 19.2.2003.2. Learned counsel for the claimant/respondent No. 1 (Smt. Lalliankimi) is also present. Both sides conceded to the disposal of the case at this stage.3. I have heard learned counsel for the respondent also and perused the impugned judgment. It is seen that learned Tribunal without recording its opinion on the basis of actual evidence on record has assessed income of the deceased on guess work at Rs. 3,100 per month. Than again deducted Rs. 100 and had taken the round figure of Rs. 3,000 as basis to calculate the just compensation. This is not permissible in law. The court/tribunal is duty bound to decide facts on the basis of actual evidence on record. In MACT cases it being a social welfare legislation, th...
Biren Chawra Vs. State of Assam
Court: Guwahati
Decided on: May-06-2003
P. G. Agarwal, J.1. Heard Mr. K. K. Gupta, learned Amicus Curiae for the appellant and Mr. Z. Kamar, learned P.P.2. This appeal is directed against the Judgment dated 25.8.1998 passed by the Sessions Judge, Dibrugarh, in Sessions Case No. 14 of 1998 (G.R. Case No. 116 of 1997) convicting the accused appellant under Section 302, IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 500.3. The prosecution case in brief is that on 23.1.1997 around 7 P.M. the accused appellant Biren Chawra called his own brother Bijon Chowra to his house and when Bijon Chowra arrived at his place, the accused appellant hacked him with a prunning knife, generally used in the tea garden for prunning of the tea bushes. The injured was immediately removed to Hospital where he was declared dead. PW 5 is Dr. R. Chaliha who held the autopsy over the dead body and found the following injuries :'2. Wounds Position(1) A stitched wound on the middle of the right leg.3. Bruise(2) An abrasion in the...
Saurabh Das and Etc. Vs. the Gauhati Municipal Corporation and ors.
Court: Guwahati
Decided on: May-06-2003
Ranjan Gogoi, J.1. All the three writ petitions having raised common questions of law on more or less identical facts were heard together and are being disposed of by this common judgment and order.2. I have heard Mr. S. Kataki and Mr. A. M. Buzarbaruah, learned counsel for the petitioners in WP (C) 2194/2003 and 2398/ 03 respectively. None has appeared on behalf of the petitioner in WP (C) 2350/03. Mr. G. K. Bhattacharyya, learned Sr. Counsel appearing for the private Respondents in all the cases as well as Mr. B. M. Sarma, learned counsel appearing on behalf of the Gauhati Municipal Corporation has also been heard.3. The facts, in brief, may be noted at the outset.By a notice dated 8-2-03 the Commissioner, Gauhati Municipal Corporation invited tenders for settlement of as many as 10 different markets under the jurisdiction of the Gauhati Municipal Corporation (hereinafter referred to as the Corporation) for the year 2003-2004. In the present set of cases, the relevant market in que...
Prafulla Nath Vs. State of Assam
Court: Guwahati
Decided on: May-06-2003
1. Heard Mr. S. C. Kayal, learned Amicus Curiae appearing on behalf of appellant and Mr. Z. Kamar, learned Public Prosecutor.2. This appeal is directed against the judgment and order, dated 6.3.1998, passed by the Sessions Judge, Morigaon, in Sessions Case No. 17/97, convicting the accused appellant under Section 302 IPC to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000, in default, to undergo further rigorous imprisonment for 6 months.3. The case of the prosecution, in brief, be stated as follows :'On 23.3.1997, at around 6.00 A.M., when the old victim couple, namely, Kesharam Nath and Kanduri Devi, enjoying warmth of fire in their courtyard, their son Sukuram Nath and grand-son Prafulla Nath, the present appellant came to the house of the victim couple and hacked both of them with a dao (Khukri) causing instantaneous death.'4. PW 3, Kafai Nath, is the eyewitness to the occurrence. He deposed that when he was taking his cattle to the field, he saw Prafulla Nath...
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