Guwahati Court March 2004 Judgments
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Syed Imran Haque Vs. State of Assam
Court: Guwahati
Decided on: Mar-16-2004
S.K. Kar, J. 1. One Syed Imran Haque, s/o Md. Samsul Haque of Barlechakuna under Rangia Police Station, it appears, is appearing for the second time before this Court through his counsel seeking relief under the provision of Section 438 Cr.P.C. 1973. 2. In this context, it is to be mentioned that he is directly implicated in an FIR lodged by one Sri Prabin Chandra Deka on 18.10.03 accusing him of the offence of kidnapping his daughter, Moni Deka, aged around 17 years. Kamal Pur Police Station registered a case No. 230/03 under Section 366(A) IPC and investigation is likely to be in progress. By an earlier order of this Court passed on 9.12.03 (B.A. No. 3041/03). On perusal of the Case Diary and on hearing the parties rejected the prayer for pre-arrest bail. 3. The petitioner, however, now has produced an affidavit sworn by the alleged victim, Moni Deka and certified issued by the Registrar, Muslim Marriage and Divorce, Nalbari to contend that the victim was a willing party in the p...
Libera Passi Vs. Jowai Municipal Board and anr.
Court: Guwahati
Decided on: Mar-11-2004
B. Lampe, J.1. Heard Mr. D. Das, learnedcounsel assisted by Mr. A. Das and Mr. I. Lahiri, learned counsel for the petitioner. Also heard Mr. K.S. Kyinjing, learned Senior counsel assisted by Mr. K. Sunar, learned counsel for the respondents.2. Briefly stated the case is the petitioner was authorized to collect tolls from the vehicles at three Municipal toll gates located at Mooralong, New Hills and Mynthong vide order dated 6-7-2001 for a period of one year. Pursuant to his appointment, the petitioner was collecting tolls from the said three gates continuously. After the expiry of the said period of one year, the petitioner submitted an application in the month of May, 2003, praying for extension of the period for another three years on the ground that in course of the operation of the toll gates the petitioner had suffered huge loss due to the low collection from the toll gates. On the basis that the petitioner had submitted an application the respondent No. 2 vide letter dated 24-6...
Md. Nasior Rahman Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-10-2004
Ranjan Gogoi, J. 1. Heard Mr. H. R. A. Choudhury, learned counsel for the petitioner and Mr. N. C. Phukan, learned Govt. Advocate, Assam. Also heard Mr. M Nath, learned counsel appearing for the respondent No(s). 5, 6 and 7.2. An advertisement was published in the newspapers on 4.8.2002 inviting applications for filling up, inter alia, some vacant posts of Sr. Tuberculosis Laboratory Supervisor (SLTS). In so far as the present case is concerned, three vacancies, which were earmarked in the advertisement dated 4.8.2002, for the Barpeta District would be relevant. In the advertisement issued, two different essential qualifications were prescribed and the bone of contention between the parties being with regard to the same, the aforesaid two essential qualifications may well be reproduced.'(1) 10+2 in Science with Diploma or certificate course in Medical Laboratory Technology or its equivalent.(2) Minimum two years of experience of working in a Bacteriological laboratory of repute.'3. Ac...
Kalti Rava Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-10-2004
P.P. Naolekar, C.J.1. Heard Mr. P. C. Dey, learned counsel for the petitioner detenue and Mr. S. Ali, learned Addl., Advocate General, Assam for the respondent.2. On 2.6.2003, while the detenue petitioner was in District Jail, Goalpara, the District Magistrate, Goalpara passed the order of detention under Sub-section (2) of Section 3 of the National Security Act, 1980 detaining her until further orders. However, the detention order passed by the District Magistrate, Goalpara did not specify the period for which the petitioner has been put under detention in exercise of powers under the National Security Act, 1980.3. Learned Additional Advocate General, Assam on our repeated directions has placed before us the order passed by the Government of Assam approving the order of detention as required under Sub-section (4) of Section 3 of the Act of 1980. The order reads as under :'No. PLA.240/2003/32 Dated Dispur, the 16th June, 2003The Governor of Assam after considering all the facts is ple...
Dal Thang and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Mar-10-2004
B.K. Sharma, J. 1. The four petitioners involved in this writ petition claiming themselves to be the residents of Aizwal, Mizoram, although originally belonged to Myanmar have initiated this writ proceeding in respect of seizure of 4 nos. of Hero Honda Motor Cycles from their custody on 8.4.2002 in a place called Keifang in the State of Mizoram. Such seizure was by the custom officials on suspicion that the petitioners were foreign nationals and the Motorcycles were being carried to Myanmar. A case was registered under the Customs Act, 1962 read with Export Control Order No. 1/77 dated 24.3.1977 issued under Sections 3 and 4A of the Foreign Trade (Development & Regulation) Act, 1992. The customs officials registered Custom Seizure Case No. 11/CL/EXP/CUST/AS-AIZ/2002 dated. 8.4.2002 and No. 12/CL/EXP/CUST/AS-AIZ/2002 dated 8.4.2002.2. The petitioners were arrested and Aizawl Police Case No. 175/02 under Section 6(a) PP Rules 1950 was registered against them. The petitioners were eventu...
Rathi and Co. and Ramesh and Co. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-10-2004
B.K. Sharma J.1. In both the writ petitions, the petitioners have assailed the legality and validity of the order dated November 6, 2003, passed by the Commissioner of Income-tax, Guwahati-II, Guwahati, transferring the income-tax and wealth-tax cases of the petitioners as mentioned in the schedule to the order from the Assessing Officers of Guwahati to the Assessing Officer in Kolkata. Since common questions of fact and law are involved in both the writ petitions pertaining to the same order of challenge on the very same grounds and as agreed to by learned counsel for the parties, both the writ petitions have been heard together for decision and disposal. Learned counsel for the parties also agreed for disposal of the writ petitions at the motion stage itself after advancing their elaborate arguments and on production of the records by learned standing counsel, Income-tax Department.2. Adverting to the facts of the case, the petitioners are individual partnership firms carrying on th...
Jolen Sober Vs. State of Assam
Court: Guwahati
Decided on: Mar-10-2004
P.G. Agarwal, J.1. Heard Mr. M.R. Pathak, the learned counsel for the appellant and Mr. P. Bora, the learned P.P.2. The appellant before us was tried by the Sessions Judge, Tinsukia in Sessions Case No. 154 (T) /92 (GR Case No. 565/92) for the commission of offence under Section 302, IPC and on conclusion of the trial, he was convicted under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/- in default further imprisonment for two years . Hence, the present appeal.3. The prosecution allegation in short is that the accused-appellant Jolen Sober and the deceased Mangua Paharia are both employees of Dinjan Tea Estate and residing in Dighlijan Labour Line. As a matter of fact, both were also next-door neighbours sharing two parts of the same house. On the ill-fated day on 20-4-92 when the wife of the deceased was waiting for her husband, the accused and the wife of the deceased had some altercation and when the deceased husband returned bac...
All Assam Handloom and Textile Sramik Santha and ors. Vs. State of Ass ...
Court: Guwahati
Decided on: Mar-10-2004
D. Biswas, J.1. Head Mr. A.S. Choudhury, the learned senior counsel for the writ petitioner and Mrs. V.L. Singh, the learned State counsel.2. The members of the petitioner Association, namely. All Assam Handloom and Textile Sramik Santha have filed this writ petition in representative capacity through their President and Secretary for payment of wages as per Government circular. It appears from the statement of particulars of the employees (Annexure-2) that a number of them joined as Muster Roll/Casual Workers prior to 1.4.1993 and the remaining members joined thereafter. They have raised two fold grievances in this petition, firstly, for non-payment of wages as per Government circular and secondly, delay in consideration of their case for regularisation.3. First, let me address the question relating to payment of minimum wages. It would appear for the officer memorandum dated 18th September, 1997 issued by the Secretary to the Government of Assam in the Finance Department that their...
Bijoy Choudhury and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Mar-10-2004
T. Vaiphei, J.1. By this writ petition, the petitioners are claiming payment of higher pay scale benefit of Rs. 1300-3220 which has been allowed to some Junior Physical Instructors, who acquired Bachelor Degree in Physical Education (for short 'B.P.Ed.') or Post Graduate Diploma in Physical Education (for short 'D.P.Ed') on or after or prior to 24.4.1982 but upto 31.12.1991 by the Office Memorandum dated 11.6.1993 (Annexure-5 to the writ petition) on the ground that they also have acquired D.P.Ed, on 1.12.1992.2. The material facts are not in dispute and the same may be briefly highlighted. The petitioners, who are 9th(nine) in numbers are Junior Physical Instructors, who were appointed on 7.8.1989 in the scale of pay of Rs. 900-2400 with the usual admissible allowances. After sometime they were sent for training in D.P.Ed. Course at Regional College of Physical Education, Panisagar, North Tripura and their training was completed on 4.7.1992 in the said institute. Thereupon, they were...
State of Assam Vs. Holiram Bordoloi
Court: Guwahati
Decided on: Mar-09-2004
P.G. Agarwal, J. 1. Criminal Death Reference No. 2/2003 and Criminal Appeal No. 5(J)/2003 have arisen out of the judgment and order, dated 5-5-2003, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 47(A)/1999 whereby the accused Holiram Bordoloi was convicted under Sections 302/148/436/326 read with Section 149, IPC and sentenced to death.2. The reference has been made under Section 366, Cr.P.C. and the accused-appellant has filed the appeal from jail. Both the matters are heard analogously and disposed of by this common judgment and order.3. Learned public prosecutor was absent, when the matters were called for hearing.4. We have heard Mr. Probin Mahanta, learned amicus curiae, appearing for the accused-appellant.5. The incident took place on 26-11-1996. GR Case No. 731/1996 was registered and the police submitted charge-sheet against as in any as 18 accused persons. The present accused-appellant could not be apprehended during investigation and the charge-sheet ...
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