Guwahati Court July 2003 Judgments
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Prema Ghosh Vs. State of Assam
Court: Guwahati
Decided on: Jul-25-2003
S.K. Kar, J.1. This is a petition under Section 397/401 of the Cr.P.C. intended to challenge the Judgment and Order dated 20.5.1995 passed by the Addl. Session Judge, Sonitpur in Criminal Appeal No. 7(S-2)/91 dismissing the appeal and the judgment and the order dated 27.3.91 passed by the Sub-Divisional Magistrate, Biswanath Chariali in C.R. case No. 2/ 89.2. By the impugned judgement the learned Sub-Divisional Magistrate, Biswanath Chariali convicted the accused/petitioner under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter in short 'the Act') and sentenced him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1000 in default of fine to further S.I. for two months.3. The quanit-essence of the allegation is that on 11.11.88 the Food Inspector concerned along with the office Peon of S.D.M. & M.O. visited the premises of the petitioner who is a Milk vendor collected sample of 'Buffalo Milk' after observing the formalities as prescri...
Minaram Sonowal Vs. State of Assam
Court: Guwahati
Decided on: Jul-25-2003
S.K. Kar, J. 1. This revision petition is directed against the judgment and order dated 31.5.1995 passed in Criminal Appeal No. 11/95 by learned Single Judge, Golaghat, affirming the judgment/order dated 6.3.1995 passed by CJM, Golaghat, in case No. G.R. 893/89. The present petitioner Shri Minaram Sonowal, who was the accused in this case, was convicted under Section 326 of IPC and sentenced to R.I. for six months together with a fine of Rs. 1,000 etc. On the accusations brought against him and accepted as proved.2. The brief facts are as follows : On 24.6.1989 at 3.00 p.m. while Sri Gunja Phukan was talking to his friend Bipul Bora alias Chutia at tri-junction point (Tiniall) of Amuguri village, accused Minaram Sonwal (petitioner) alighting from a truck suddenly started striking on Gunja Phukan indiscriminately with a dager (khukuri) resulting in serious cut injuries to his person lading to his unconsciousness.3. FIR being lodged police registered Merapani PS. Case No. 92/89, under...
Md. HussaIn Ahmed Vs. State of Assam
Court: Guwahati
Decided on: Jul-25-2003
S.K. Kar, J.1. This is a petition under Section 397/401 of the Cr.P.C. intended to challenge the judgment and order dated 23.6.1995 passed by the Addl. Sessions Judge, Nagaon in Criminal Appeal No. 15/95 dismissing the appeal and upholding the order dated 28.2.1995 passed by the learned trail Court, Hojai in case No. C.R. 503/93 under Section 16(1)(a) read with Section 7 of PF.A. Act, 1954.2. By the impugned Judgment the learned trial Court Hojai in case No. C.R.503/93, convicted the accused/petitioner under Section 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter in short 'the Act') and sentenced him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1000, in default of fine, to further S.I. for one month.3. The quintessence of the allegation is that on 5.4.1993 at 2 p.m. the Food Inspector concerned along with the office Peon of S.D.M. & M.O. visited the premises of M/s Lutfur Rahman, a grocery shop, situated at daily bazaar, Dabaka and coll...
Gopal Saikia Vs. State of Assam
Court: Guwahati
Decided on: Jul-25-2003
S.K. Kar, J.1. This appeal is presented by the appellant, Shri Gopal Saikia, who was convicted by Sessions Judge, Sibasagar, in connection with Sessions case No. 3(S-S)/99 under Section 3-4 Part-I, IPC and sentenced to 7(seven) years rigorous imprisonment along with a fine of Rs. 1,000, vide order dated 19.12.2001.2. Brief facts of the case are as follows :On 14.11.1998 at about 8 a.m. consequent to a quarrel about the possession/ownership of a jack - fruit tree between the father of the deceased and the deceased, there were altercations and the appellant dealt blows with sharp weapon which turned to be fatal causing death of Babul Saikia.3. The accused Gopal Saikia and deceased Babul Saikia are brothers and sons of Bap Saikia. It is stated that the deceased Babul Saikia because of his behavioural pattern separated from the family and was living separately with his wife before the date of the incident.4. FIR was lodged by Smti Tutu Saikia, wife of deceased Babul Saikia on 14.11.1998 ...
Ratan Malla Vs. Smt. Sefali Malla
Court: Guwahati
Decided on: Jul-24-2003
1. Heard Mr. A. C. Bhowmik, learned counsel for the appellant-petitioner and Mr. M. Kar Bhowmik, learned senior counsel, assisted by Mr. R. K. P. Singh, learned counsel for the respondent.2. 4 (four) days' delay is the subject-matter of this condonation application. Mr. A. C. Bhowmik, learned counsel for the petitioner has contended that those few days delay, not being inordinate delay in preferring this belated appeal, i.e. MAT App. No. 01 of 2003, has been exclusively and sufficiently explained in Paragraphs 3 and 4 of this petition and on consideration of those averments the delay in question may be condoned.3. Refuting the submissions advanced on behalf of the petitioner, Mr. M. Kar Bhowmik, learned senior counsel for the respondent, has vehemently argued that in the instant case which is governed by the Hindu Marriage Act, 1955 (for short 'the Act'), the provisions of the Limitation Act, 1963 (hereinafter referred to as the Limitation Act') do not apply. Thus the question of cond...
Tage Habung Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Jul-24-2003
I.A. Ansari, J.1. This case strengthens the common belief that by collusion or otherwise, howsoever hard one tries to suppress, manipulate or mutilate the truth, yet truth has its strange ways of surfacing. If the truth surfaces, it will be unjust and improper to ignore the truth and be lenient to the person, who has tried hard to suppress the truth.2. The petitioner, who is an inspector of police in Arunachal Pradesh Police Force, has approached this Court, with the help of the present application made under Article 226 of the Constitution of India, seeking issuance of appropriate writ(s) setting aside and quashing the impugned order, dated 6.10.1997 (Annexure 1 to the writ petition) issued by the respondent No. 3, namely, the Inspector General of Police, PHQ, Arunachal Pradesh, whereby penalty of reduction of three stages for a period of three years with cumulative effect has been imposed on the petitioner following a departmental proceeding drawn against him and the order dated 14...
Punjab and Sind Bank and ors. Vs. Arup Das and anr.
Court: Guwahati
Decided on: Jul-24-2003
P.P. Naolekar, C.J. 1. Heard Mr. B.R. Dey, the learned counsel appearing on behalf of the appellants and Mr. K. Agarwal, the learned counsel appearing on behalf of the respondent No. 1.2. At the relevant time the respondent No. 1 was engaged in the Punjab & Sind Bank as Officer in the Junior Management Grade Scale-I. While working as Officer in the Junior Management Grade Scale-I the respondent No. 1 was served with a charge dated 16.3.1996 along with Article of Charges and the statements of allegations issued by the Assistant General Manager, Punjab and Sind Bank, Zonal Office. The respondent No. 1 was informed that Shri K.S. Bedi, Manager, Zonal Office has been appointed as Enquiry Authority and Shri Inderjit Singh, Manager, Silchar Branch has been appointed as Presenting Officer. The respondent No. 1 was directed to appear in the enquiry proceedings. After submission of the written statement Enquiry Officer fixed date for recording evidence of the employer and on 7.5.1997 one witn...
Abdul Latif and ors. Vs. on the Death of Digendra Nath His Legal Heirs ...
Court: Guwahati
Decided on: Jul-24-2003
P.G. Agarwal, J. 1. Heard Mr. N. Dhar, learned counsel for the appellants and Mr, B.C. Das, learned counsel for the respondents. 2. The respondent plaintiff Digendra Nath and others instituted T.S. No. 225 of 1976 before the Munsiff (2), Karimganj stating interalia that the suit land described in the schedule to the plaint originally belonged to the landlord Dewan Manik Chand and the plaintiff and other inhabitants of the two villages Brahmansasan and Kapurpur were in possession of the suit land on payment of annual rent. Thereafter, the suit property devolved on Sorojini Senapati and herhusband Girija Kumar Das and they transferred their right, title and interest to the tenants vide registered sale deed No. 3716 of 1945. The plaintiff claims right, title and interest over the suit land as they possessed the same by cultivating grass for the fodders of their cattle.However, the defendants in collusion with one another threatened to dispossess the plaintiff. Hence the suit. 3. The s...
Swapna Barman Vs. Subir Das
Court: Guwahati
Decided on: Jul-24-2003
S.K. Kar, J. 1. This petition presented by Smti. Swapna Berman, informant/ petitioner against Subir Das, accused/respondent has assailed judgment and order dated 19.4.1997 passed by Sessions Judge, Bongaigaon, in Criminal Appeal No. 16(3)/96 acquitting the accused/respondent reversing the judgment of conviction under Section 509 of IPC and sentence passed by CJM, Bongaigaon, on 16.8.1996 in Case No. G.R. 1143/86. The respondent was sentenced to fine of Rs. 1000 and default of payment of fine to suffer S.I. for one month.2. Facts of the case, in brief, are as follows : It is alleged that at about 11.30 p.m. (during night hours) the respondent/accused Subir Das started calling petitioner's names. That from few days back conjuncting her name with his name around midnight respondent/accused used to cry aloud and on that night also he entered upon verandah of house of the petitioner/informant (hereinafter to be referred as petitioner only) and called out her names but on appearance of the...
Md. Rustom Ali Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-23-2003
Ranjan Gogoi, J. 1. An order dated 5th June, 1996 passed by the disciplinary authority of the Assam State Co-operative Marketing and Consumers' Federation Limited ('STATFED') imposing the penalty of reduction of rank on the writ petitioner along with recovery of the amount misappropriated is the subject matter of challenge in the present proceeding. As the aforesaid order passed by the disciplinary authority has been affirmed in appeal by the appellate authority of STATFED by order dated 22nd September, 1997, the said order is another connected aspect of the challenge made herein. 2. By a charge memo dated 21st 1993, as many as four different charges were brought against the writ petitioner. The writ petitioner was charged with misappropriation of stock amounting to Rs. 30,608.84 for the year ending 31.3.1993. A further charge of dereliction of duty, leaving of HQrs, without prior permission and without handing over charge, with effect from 7.4.1993 and further charges of misappropri...
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