Guwahati Court March 2004 Judgments
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Shymal Nag Vs. State of Assam
Court: Guwahati
Decided on: Mar-26-2004
A.H. Saikia, J. 1. Heard Mr. J.M. Choudhary, learned senior counsel assisted by Mr. B.M. Chaudhary, learned counsel for the petitioner, and also heard Mr. P. Bora, learned P.P. Assam. 2. The only point involved in this criminal revision preferred by the petitioner against his impugned conviction under Section 16(1)(a) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954 (for short the Act) and sentence to suffer rigorous imprisonment for six months and to pay fine of Rs. 1,000 in default further imprisonment for one month, is that the legal requirement as envisaged under Section 13(2) of the Act has not been complied with in the instant case. 3. Mr. Choudhary, learned counsel for the petitioner referring to the findings of the learned Sessions Judge, Nagaon recorded in his judgment dated 8.3.96 passed in Crl. Appeal No. 51(N)/95. Mr. Chaudhary, learned counsel has contended that when Food Inspector himself did not depose about the serving of notice on the petitione...
Kanika Choudhury Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-26-2004
B.K. Sharma, J.1. By this writ application, the petitioner has made a challenge to the order dated 6.12.2003 by which No Confidence Notice brought against her has been approved under Section 15(3) of the Assam Panchayat Act, 1994. By the said order of petitioner has been removed from the post of President of No. 33, Panigaon Goan Panchayat.2. The petitioner contested the election for the post of President of No. 33 Panigaon Gaon Panchayat and was duly elected result of which was declared on 3.1.2002. The term was for five year. On 7.10. 2003, six members of the Goan Panchayat including the Vice President submitted an application to the petitioner expressing no confidence against her. Subsequently on 12.10.2003 and 14.10.2003, three members submitted another application to the petitioner informing her that they had, due to some misunderstanding put their signatures in the former application expressing no confidence against her and that they would like to withdraw from such a move. Befo...
Lilabati Baisya Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-26-2004
B.K. Sharma, J. 1. In the Hindu Dharmshtras, the wife is known as Jaya, because one's own self is begotten on her. According to the Mahabharta by cherishing womens one but virtually worships the Goddess of prosperity herself. By afflicting her one but afflix the Godess of prosperity. Aman's half is his wife; the wife is her husband's best friend; the wife is the source of Dharma, Artha and karma and she is also the source of Moksha, In the Ramayana the wife is said to be the very soul of her husband, she is Grahini (the lady of the house) in her husbend's household, sachiva (wise counsellor), Sakhi (confidence) to her husband and dearest discipline of her husband in the pursuit of a Art. She is . also Griha-lakshmi and Ardhangini. She is the Samrajyi (Queen ) in the household of her husband. Side by side with this idolize picture of woman, the institution of Rape has also flourished and has rather came to stay in the society. The Apex Court has described rape as follows : 'Rape is a ...
Bodhraj Jamawal Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Mar-26-2004
Ranjan Gogoi, J.1. Heard Mr. G C Phukan, learned Counsel for the petitioner and Mr. C Bhowmick, learned Additional CGSC, who has appeared for the respondents. 2. At the relevant point of time, the petitioner who was working as a Head Constable in the Central Industrial Security Force (CISF), was deployed at HMS Balijan as Guard Commander. On 7/4/99, a charge memo containg two articles of charges was furnished to the writ petitioner and he was asked to submit his reply to the said charges. The articles of charges may be extracted herein below. 'Article of Charge - I An act of gross indiscipline, negligence and dereliction of duty on the part of No. 911070035 HC/GD BODH RAJ JAMWAL of CISF Unit OIL, Duliajan in that while he was deployed for 'A' Shift duty on 20/3/99 at HMS Balijan as Guard Commander he in active connivance with Shri Mahindra Singh, Technician Grade-II OIL (India) Ltd. Tried to smuggle out 5 numbers of Cement bags in OIL (India) Ltd. Gypsy No. 1310 at about 1210 hrs o...
Raso Tana Vs. Election Commissioner, Panchayat Raj and ors.
Court: Guwahati
Decided on: Mar-26-2004
B.K. Sharma, J.1. By this writ application, a challenge has been put to the judgment and order dated 16.12.2003 passed by the Presiding Judge, Panchayat Election Tribunal, in Case No. PR(ET) 00012/2003 by which the election of the petitioner as Anchal Samiti Member has been set aside on the ground of his nomination being not valid.2. Shortly stated the facts leading to the filing of the writ petition are that the petitioner contested election as a nominee of the Indian National Congress Party to the No. 7-Papu Valley Anchal Samittee from No. 80 Palin Anchal Samittee Constituency of East Kameng District, in the State of Arunachal Pradesh. The respondent No. 3 also contested in the said election. After the election, the petitioner was declared to be duly elected from the said constituency and he secured 27 Nos. of valid votes more than the respondent No. 3.3. The respondent No. 3 being dissatisfied with the election of the petitioner filed Election Petition under Rule 6(2) of the Arunac...
Dhiren Kalita Vs. State of Assam
Court: Guwahati
Decided on: Mar-26-2004
A.H. Saikia, J.1. Heard Mr. C. C. Deka, learned counsel for the petitioner and Mr. F. H. Laskar, learned P P Assam.2. This Criminal Revision has been carried from the Judgment and Order dated 30.4.1997 passed by the learned Sessions Judge, Kamrup in Criminal Appeal No. 37/96 dismissing the appeal so preferred by the petitioner and upholding the conviction of the petitioner under Section 420/471, IPC read with Section 368 IPC and sentence imposed by the learned Special Judicial Magistrate, Kamrup Guwahati vide judgment and order dated 6.8.1996 rendered in Case No. 1769/89 to suffer simple imprisonment for 20 days for each section and also to pay fine of Rs. 500 for each section in default to suffer S.I. for another period of 1 (one) month for both the sections.3. Impugning the conviction and sentence, Mr. Deka, learned counsel for the petitioner has forcefully argued that the prosecution miserably failed to prove the allegation against the petitioner of forgery of ITI pass certificate ...
Niranjan Singh Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-25-2004
Ranjan Gogoi, J.1. Heard Mr. A. M. Buzarbaruah, learned counsel for the petitioner and Mr. R.K. Borah learned Government advocate, Assam. 2. The facts, in brief, may be noted at the outset.The writ petitioner, who was working as a Constable in the Assam Police Radio Organization and posted at Dispur, was served with a charge memo dated 27th October, 1999 asking the petitioner to submit his written statement in defence with regard to his alleged absence from duty without leave following the expiry of 5 (five) days Casual Leave with effect from 27.11.98.According to the writ petitioner, on the expiry of the aforesaid Casual Leave, as he fell ill, he could not join duties. The charge memo dated 27.11.98 was not served on him. Pursuant to the aforesaid charge memo, an enquiry was held which was conducted ex parte and the petitioner came to know of the aforesaid developments when a copy of the Enquiry Officer's report along with the punishment proposed was communicated to the writ petition...
Md. Sukhen Ali and ors. Vs. State of Assam
Court: Guwahati
Decided on: Mar-24-2004
I.A. Ansari, J. 1. By the impugned judgment and order, dated 28-12-2001 passed by the learned ad hoc Additional Sessions Judge, (First Track Court), Sonitpur, Tezpur, in Sessions Case No. 56 of 1998, the accused-appellants stand convicted under Section 304 (Part-II) read with Section 34 IPC and sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs. 2000 each and, in default of payment of fine, to undergo rigorous imprisonment for a further period of 6 months. 2. The case against the accused-appellants, as unfolded at the trial, may in brief, be stated as follows : - The deceased Motir Ahmed alias Motiur Rahman had married Fatima Begum, sister of the accused-appellants, namely, Md. Suken Ali, Md. Nur Ahmed and Md. Janu Ali. A few months prior to the occurrence, a male baby was born out of the wed-lock of deceased Motir Ahmed Rahman and Fatima Begum. After about 2/3 months of the birth of the said male baby, Fatima Begum left for her father's house, situated at ...
Samarendra Kishore Endow Vs. State Bank of India and ors.
Court: Guwahati
Decided on: Mar-24-2004
I.A. Ansari, J.1. Following a disciplinary proceeding drawn against the petitioner, while he was serving as a Branch Manager of the respondent Bank, on as many charges as 5 (five) in number, the petitioner was found guilty of all the 5 charges by the inquiring officer, but the disciplinary authority did not, on perusal of the materials, agree with the finding of the inquiring officer on charge No. 4 and imposed, in consequence of the conclusions so reached, the penalty of removal of the petitioner from service. An appeal was preferred by the petitioner, which was dismissed by the appellate authority. The petitioner then, approached this Court by way of a writ petition and the same gave rise to Civil Rule No. 3 of 1986. By the judgment and order, dated February 7, 1991, passed therein, the findings of guilt as well as the penalty imposed on the petitioner were quashed. The respondent Bank preferred an SLP before the Supreme Court and the same, on leave being granted, was registered as...
Ranbir Dutta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-24-2004
P.P. Naolekar, C.J. 1. On 23.6.2002, the Managing Committee of Eraligool Public High School which is a non-provincialised school was reconstituted for 3 years by the Inspector of Schools, KDC, Karimganj by nominating one Abdul Satter as the President and one Ramendu Chakravarty as the Secretary of the said Committee. This was done as per the provision set forth in the Assam Aided H.S./High and Middle Schools Management Rules, 1976 (hereinafter referred to as the '1976 Rules'). Later on, Sri Ramendu Chakravarty who was nominated as the Secretary of the committee had expressed his unwillingness to continue as the Secretary of the Managing Committee and as a result thereof, the appellant / writ petitioner who was the Principal of another school namely Thakuagram Higher Secondary School, Karimganj was nominated as the Secretary in place of Ramendu Chakravarty by the Inspector of Schools, KDC, Karimganj. The appellant-writ petitioner took the charge of the Secretary and had continued in th...
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