Guwahati Court December 2004 Judgments
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Naba Deuri and ors. Vs. State of Assam
Court: Guwahati
Decided on: Dec-16-2004
P.G. Agarwal, J.1. Heard Mr. A.S. Choudhury, learned senior counsel assisted by Mr. R. Ali for the accused appellants and Mr. P.C. Gayan, the learned P.P.2. This appeal is directed against the Judgment and Order dated 19.7.2000 passed by the Sessions Judge, Jorhat in Sessions Case No. 81 (J-J)/95 arising out of GLR Case No. 832/94 convicting the accused appellants under Section 148/304/149 IPC and sentencing all the accused appellants to Rigorous Imprisonment for six months each under Section 148 IPC and to undergo Rigorous Imprisonment for 10 years each under Section 304 (Part-I) read with Section 149 IPC and to pay a fine of Rs. 500 each in default further R.I. for one month each.3. The prosecution case in brief is that on 15.8.1994 in the morning hours while Saulkhowa Deori was proceeding towards the field for ploughing, the accused persons allegedly attacked the deceased and caused injuries as a result of which Saulkhowa Deori died on the spot.4. PW 1 Dr. A. Neog held the autopsy ...
Shahjada Saleem Vs. Assam State Electricity Board and ors.
Court: Guwahati
Decided on: Dec-16-2004
Ranjan Gogoi, J.1. Whether the letter dated 11.3.1997 submitted by the writ petitioner is an offer of voluntary retirement or one of resignation is the moot question that would call for an answer from the Court in the present writ application. The validity of the office order dated 29th March, 1997 accepting the offer of relinquishment of service by the petitioner as an act of resignation would depend on the answer that the Court would provide to the question posed.2. The petitioner, at the relevant point of time, was serving as an Assistant Executive Engineer in the Assam State Electricity Board. He was granted Earned Leave for 90 days with effect from 25.1.1996 to 23.4.1996. However, the earned leave sanctioned for the period from 4.4.1996 to 23.4.1996 was cancelled by the authority and thereafter, the petitioner submitted a letter dated 11.3.1997 stating that he is tendering his resignation with effect from the date the leave was not granted and that the said resignation may be acc...
Anukul Nagar Unnayan Samiti Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-14-2004
A. Hazarika, J.1. Heard Mr. C.R. Goswami and Mr. M. K. Sharma learned counsel appearing on behalf of the petitioners, Mr. P.K. Musahari, Sr. Govt. Advocate, Assam assisted by Mr. K.C. Mahanta, Addl. Sr. Govt. Advocate, Assam for respondent Nos. 1 and 2 and Ms. Bharati Devi, learned standing counsel, Railway appearing on behalf of the respondent No. 3.2. The petitioner Anukul Nagar Unnayan Samiti, represented by its Assistant Secretary to the Samiti on behalf of public of that locality, Sri Situ Das has preferred the instant writ petition praying for a direction to the respondents not to evict the members of the Anukul Nagar Unnayan Samiti from their dwelling houses situated at Anukul Nagar, Forest Gate, Narengi (Near ASEB Complex), Guwahati - 26.3. The petitioner's case is that, the members of the Samiti have been residing at Anukul Nagar, constructing their dwelling houses and business establishments for the last 15 years. The area is adjacent to the Railway line. On 8.9 2004 the Rai...
Abu Bahar Siddik Alias Abu Mia and anr. Vs. State of Tripura
Court: Guwahati
Decided on: Dec-14-2004
I.A. Ansari, J.1. By the impugned judgment and order dated 22-10-1998 passed in Case No. ST 119(W.T./A) of 1996 the present two accused-appellants namely Shri Abu Bahar Siddik alias Abu Mia and Shri Abbasuddin Ali alias Abbas Mia stand convicted under Sections 302 and 447 read with Section 34 of the Indian Penal Code and sentenced to undergo for their conviction under Section 302 read with Section 34, IPC to imprisonment for life and to pay a fine of Rs. 5,000/- each and, in default, to suffer further imprisonment for three months and to further pay, for their conviction under Section 447 read with Section 34 of the IPC a fine of Rs. 500/- each and, in default to suffer simple imprisonment for one month.2. The case of the prosecution, as was unfolded at the trial may in brief be staled as follows :--On 18-6-1995 at about 8/8-30 a.m. accused-appellant, Abu Bahar Siddik alias Abu Mia trespassed into the land of Abdul Hai husband of deceased Bandana Begam and started ploughing the same, ...
Sridam Chandra Debnath and anr. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-13-2004
A.B. Pal, J.1. By this writ petition, the petitioners sought for a writ of certiorari to quash/set aside the impugned order dated 28.6.1994 passed by Deputy Collector, Dharmanagar, North Tripura in Restoration Case Nos. 100 of 1994 and 102 of 1994 ordering thereby physical restoration of the lands in question from the possession of the petitioners to that of the respondents. 2. The facts leading to the present writ petition are that by an unregistered sale deed dated 18.2.1962 certain lands, which are subject matter of this case, appertaining to C.S. Plot Nos. 5252, 5253/5358 and 5359 measuring 2.24 acres recorded in Khatian No. 2398 of Mouja-Panisagar were purchased by them from the respondents Manik Lal Halam (later, on his demise, substituted by his legal heirs, respondents Nos. 2 to 5), Manik Lal Halam (respondent No. 6) and Manik Mani Halan (respondent No. 7), all sons of late Sabut Bul Halam. After the sale, possession was handed over to the two petitioners, late Sridam Chandra ...
Surendra Pd. Sarma Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-13-2004
A.B. Pal, J.1. The petitioner Surendra Prasad Sarma was appointed as a constable in the Border Security Force in July 68 and gradually he was promoted to the rank of Lance Naik, Naik and Head Constable. During the service period, he was awarded 3 major rewards, but reprimanded twice and once he was reverted from the rank of Lance Naik to the rank of constable in 1978. That punishment was later withdrawn. On 26.4.1993, the Commandant directed the Assistant Commandant to conduct a record of enquiry against him on 2 charges of accepting money from smugglers and to provide them safe passage of their goods from India to Bangladesh. On the basis of the result of the enquiry, a Summary Security Force Court commenced trial against the petitioner and on 16.5.1994, the Commandant Sri P.C. Punetha sentenced him by reducing him to the rank of constable. Against this order of sentence, the petitioner has filed the instant writ petition.2. The petitioner alleged that he had developed bitter relatio...
Shanti Ranjan Bhattacharjee Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Dec-13-2004
A.B. Pal, J.1. By this writ petition the petitioner who claims to be a freedom fighter seeks a direction to the Union of India to sanction in his favour the pension under the Freedom Fighters' Pension Scheme after setting aside the communication of the Under Secretary to the Government of India at Annexure-7 that as the petitioner being only 15 years of age at the time of his participating in the freedom struggle was not eligible for pension for the reason that presumably he suffered imprisonment not in Jail but in either Borstal Jail or Juvenile house or reformatory house. 2. Shorn of details, the petitioner claimed to be a freedom fighter and suffered imprisonment for one year nine months in connection with the Quit India Movement in 1942 and in support of his claim he had to his credit certificates from the Chairman of Freedom Fighters' Pension Scrutiny Committee, Government of Tripura, Sri Kanailal Chakraborty, a co-prisoner, Sri Ramani Mohan Debnath, an ex-freedom fighter pension...
Raghunath Choudhury and ors. Vs. Rameshwar Rai and ors.
Court: Guwahati
Decided on: Dec-10-2004
H.N. Sarma, J. 1. By this application under Article 227 of the Constitution of India the petitioner has challenged the order, dated 12.2.2003 passed in Misc (J) Case No. 1/03 arising out of Title Suit No. 16/2003 by the learned Civil Judge (Senior Division) No. 3, Kamrup, Gauhati.2. Heard Mr. S.P. Roy, learned counsel for the petitioner. Although a caveat has been filed being Caveat No. 1480/04, however, none appears on behalf of the caveator when the matter was taken up.3. Before the present petition, the petitioner filed CRP No. 162/03 under Section 115 CPC. While the said revision petition came up for hearing on 27.7.04, the following order was passed and the revision petition was dismissed accordingly. 'Mr. D. Nandi, learned counsel for the petitioner does not want to press this revision petition, in view of the amendment of Section 115 of the CPC.The revision petition is dismissed as not pressed.'4. Upon dismissal of the aforesaid revision petition, as not pressed, the present pe...
Mahtab Ahmed and anr. Vs. Hira HussaIn and ors.
Court: Guwahati
Decided on: Dec-10-2004
B.K. Sharma, J.1. This revision application is directed against the order dated 15.10.2004 and 2.12.2004 passed by the learned Civil Judge (Junior Division) No. 1 Jorhat, in Title Execution Case No. 19/2004 dismissing the application filed by the judgment debtors petitioners.2. Heard Mr. D. Das, learned Counsel for the petitioners and Mr. A. Sarma, learned Counsel for the respondents.3. The present proceeding is in respect of the title suit being Title Suit No. 63/1980 which was instituted by Late Salima Khatun during her lifetime for declaration of right, title and interest over and also for recovery of Khas possession of the suit property. The respondents are the legal heirs of Late Salima Khatun. The title suite was decreed in favour of the plaintiff. Being aggrieved, the defendant Late Tamijuddin Ahmed preferred Title Appeal No. 52/82 which was also dismissed. The Second Appeal being S.A. No. 100/85 was also dismissed by this Court Judgment and Order dated 7.8.1992.4. The petition...
Ghawar Chand Gangh and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-10-2004
1. Heard Mr. O.P. Bhati, learned Counsel for the appellants and Mr. K.N. Choudhury, learned Addl. Advocate General, Assam appearing for the respondent-State.2. During the period covered by the assessment years 1994-95 and 1996-97 the appellant No. 1 purchased tea from the appellant No. 2 which was subsequently sold by the appellant No. 1 within the State of Assam. The appellant No. 2 was a unit eligible for concession under the Assam Industries (Sales Tax Concessions) Scheme, 1995 framed under the provisions of Section 9(4) of the Assam General Sales Tax Act, 1993 which visualise exemption from payment of sales tax on goods sold by eligible units. Accordingly, on the transaction between the appellant Nos. 1 and 2 sales tax was not levied. However, on the subsequent sales made by the appellant No. 1 assessment to tax for the years in question had been made by the authority which assessments were challenged in revision before the departmental authority. The revision proceedings having b...
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