Guwahati Court April 2004 Judgments
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State of Tripura and ors. Vs. Arindam Ghosh
Court: Guwahati
Decided on: Apr-30-2004
P.G. Agarwal, J. 1. Heard Mr. U.B. Saha, the learned senior Govt. Advocate assisted by Mrs. A.S. Lodh, the learned Advocate appearing on behalf of the State-Appellants. Also heard Mr. D.K. Biswas, the learned counsel for the respondent.2. This appeal is directed against the judgment of learned Single Judge dated 30.3.1998 passed in Civil Rule No. 389 of 1997.3. The facts leading to the present appeal are that the respondent-writ petitioner Shri Arindam Ghosh was serving as Junior Engineer, Grade-I appeared in NERIST Entrance Examination in the year 1996 and thereafter on being selected he prayed for grant of study leave. The prayer for study leave was rejected by the concerned authority whereupon he approached this court in the writ petition and vide impugned order the learned Single Judge quashed the order of rejection dated 10.6.1997 and directed the respondents to grant the study leave to the petitioner for studying the course at NERIST, Arunachal Pradesh for the session 1997-98. H...
Sujit Kumar Das and ors. Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Apr-30-2004
T. Vaiphei, J. 1. This is an application under Article 226 of the Constitution of India filed by the petitioner for directing the respondents to refer the L.A. Case No. 1/SN of 95 pending before the Collector, Land Acquisition (LA), West Tripura District, Agartala to the learned Land Acquisition (LA) Judge, West Tripura District, Agartala under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').2. I have heard Mr. S. Talapatra, learned counsel for the petitioner as well as Mr. S. Chakraborty, learned counsel for the respondents.3. The facts of the case as emerged from the pleadings of the petitioner are that he along with his brothers, namely, Ajit Kumar Das, Tarit Kumar Das and Subhas Chandra Das who were the joint owners of certain land appertaining to khatian No. 718/1, 718/2, 718/3, 718/4, 718/5, 718/6 having a total area of 21.51 acres situated within Bishalgarh mojua, West Tripura District and that a portion of the said land measuring 8.94 acres were a...
Smt. Roma Bhattacharjee Vs. Md. Bachu Sheikh and ors.
Court: Guwahati
Decided on: Apr-30-2004
I.A. Ansari, J.1. This second appeal has arisen out of the judgment and decree, dated 30-11-1999 and 20-12-1999 respectively, passed by the learned Civil Judge {Senior Division), Dhubri, in Title Appeal No. 13 of 1998, reversing the judgment, dated 29-61998. and decree, dated 6-7-1998, passed, in Title Suit No. 303 of 1993, by the learned Civll Judge, (Junior Division) No. 1, Dhubri, decreeing the plaintiff-appellant's suit.2. The case of the plaintiff-appellant may. in brief, be stated thus : Late Jagdish Chandra Biswas had a homestead land, described In Schedule-A to the plaint. Out of the land of Schedule-A, as much as 15 much as 15 land was gifted by the heirs of . Jagadish Chandra Biswas to a Kali Mand'ir Committee. From the heirs of deceased Jagdish Chandra. Biswas, the plain tiff-ap- ' pellant purchased, vide a Registered sale deed, dated 3-11-1983, 4 kathas 1 lechas of land and took delivery of possession thereof, the land having been so purchased and taken possession of by th...
Kirit Bikram Kishore Deb Barman Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-30-2004
P.G. Agarwal, J. 1. This Writ Appeal is directed against the judgment and order passed by the learned Single Judge on 10.7.2003 in W.P(C) No. 110 of 2002 whereby the said writ petition was dismissed.2. We have heard Mr. S. Bose, learned senior counsel, Mr. K N Bhattacharjee, learned senior counsel Mr. S, Chakraborty and Mr. M. Gupta, learned counsel for the appellant and Mr. B. R. Bhattacharjee, learned senior advocate assisted by Mr. T D Majumder, learned additional government advocate, appearing for the State Respondents.3. The facts leading to the present appeal are :Tripura was a princely State in the year 1949 and the writ petitioner/ appellant before us (hereinafter referred as the appellant) is a former ruler of Tripura. On 9th September, 1949 a merger agreement was executed in between the Governor General of India and Regent Maharani Sahiba of Tripura, acting for and on behalf of the Maharaja of Tripura whereby the Administration of the State of Tripura was transferred to the ...
Manabendu Das Choudhury Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-30-2004
T. Vaiphei, J. 1. This revision petition under Section 115 of the Code of Civil Procedure is directed against the order dated 24.6.2002 passed by the learned Civil Judge (Sr. Division), North Tripura, Dharmanagar in Civil Misc. 19 of 2001 which arose out of Execution case No. Ex. 4(T)/99 whereby the claim of the petitioner for payment of interest @ 12% on the decretal amount with effect from 5.5.1999 to 22.6.01 was rejected. 2. The facts of the case, in a nutshell, are that the petitioner had instituted a suit before the learned Civil Judge, Senior Division for declaration and recovery of money, which was registered as T. S. No. 19 of 1997. By the judgment and decree dated 20.4.1998, learned Civil Judge dismissed the suit. Againest the said judgment and decree, the petitioner preferred an appeal before this Court in F.A. 77 of 1998. The Court, by the order dated 5.5.1999, allowed the appeal and directed the respondents to pay a sum of Rs. 3,55,982 along with interest @ 12% per annum ...
Bijay Kr. Chowdhury Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-30-2004
P.G. Agarwal, J. 1. This writ appeal is directed against the judgment and order dated 24.4.1998 passed by the learned Single Judge in Civil Rule No. 129 of 1991.2. The appellant before us had joined the Tripura P.W.D. Service on 11.7.1973 and while he was so serving, he applied for the post of Assistant Manager (Civil) under the N.H.E.P.C., a Govt. of India Corporation and accordingly the petitioner had joined there on 17.11.1981. The petitioner was allowed to retain lien for two years and thereafter he was absorbed in the said Corporation with effect from 18.11.1983. The petitioner on his completion of service under the Corporation retired.3. On 14.11.1988 the State of Tripura issued a Memo granting pro rata retirement benefits to its employees who are subsequently absorbed under the Government of India or any Corporate body under the Union of India and in the said annexure a cut off date was provided as on 9.1.1984. The petitioner applied for pro rata retirement benefit on the basis...
PrabIn Gogoi Vs. Ambika Gogoi
Court: Guwahati
Decided on: Apr-29-2004
I.A. Ansari, J. 1. This revision is against the judgment and order, dated 17-6-96, passed by the learned Additional Sessions Judge, Dibrugarh, in Criminal Appeal No. 29(4)/95, whereby the conviction of the accused -opposite party, namely, Ambika Gogoi, under Sections 326 and 341, IPC, by the judgment and order, dated 30.10.1993, passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Dibrugarh, in GR Case No. 39/ 93, was set aside. The acquittal of the accused-opposite party, Ambika Gogoi, stands challenged by the present revision-petitioner, namely, Prabin Gogoi, who was the injured.2. The case of the prosecution, as unfurled at the trial against the accused-opposite party, may, in brief, be stated as follows: - On 4.1.93, an FIR was lodged by one Sri Jyoti Prasad Gogoi alleging, inter alia, that on that very date, i.e., on 4.1.93, at about 7 PM, when the informant's father, Prabin Gogoi, was on his way to his village, he was assaulted by accused Ambika Gogoi with dao on hi...
Md. Yakub Ali Vs. State of Tripura
Court: Guwahati
Decided on: Apr-29-2004
1. Heard Mr. D.C. Roy, learned counsel appearing on behalf of the appellant. Also heard Mr. D. Sarkar, learned public prosecutor.2. This criminal appeal under Section 200 Cr.P.C. is directed against the judgment and order passed on 17.1.1998 by the learned Sessions Judge, North Tripura, Kailashahar in Sessions Trial No. 23(NT/K) of 1996 whereby the accused appellant Md. Yakub Ali was convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000 in default to R.I. for another six months.3. The prosecution allegation, in short, is that Yakub Ali had married Nehrunessa (deceased) about 4/5 years ago prior to the date of occurrence and they used to live together as husband and wife in a separate hut situated nearby another hut occupied by the parents of the appellant. On 6.5.1996 the dead body of the said Nehrunessa was found hanging in her house whereupon the matter was informed to the police and the dead body was sent for post mortem examination a...
Md. Ajim UddIn Sheikh Vs. State of Assam
Court: Guwahati
Decided on: Apr-29-2004
I.A. Ansari, J. 1. This revision is directed against the judgment and order, dated 3.8.1996, passed by the learned Sessions Judge, Bongaigaon, in Criminal Appeal No. 11(4)/95, dismissing the appeal and upholding the judgment and order, dated 30.11.1995, passed by the learned Chief Judicial Magistrate, Bongaigaon, in CR No. 174/93, convicting the accused-petitioner under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as 'the RPUP Act') and sentencing him to undergo rigorous imprisonment for 3 months and pay a fine of Rs. 100.2. The accused-petitioner was charged, at the trial, under Section 3(a) of the RPUP Act, but he pleaded not guilty to the charge framed against him.3. The case of the prosecution, as unfolded at the trial, many, in brief, be stated as follows :On 19.9.1992 at about 1.30 AM, when the informant, constable Gagan Ch. Kalita (PW 2) alongwith Inspector Bikash Narzary (PW 5) and constable Ananta Baishya (PW 3) made a surpris...
Khireswar Bora Vs. State of Assam
Court: Guwahati
Decided on: Apr-28-2004
I.A. Ansari, J. 1. This revision impugns the judgment and order, dated 4.9.1996, passed by the learned Sessions Judge, Golaghat, in Crl. Appeal No. 117 96, dismissing the appeal and maintaining the conviction of the accused-petitioner under Section 376 IPC as well as the sentence passed against him to suffer rigorous imprisonment for 7 years and pay a fine of Rs. 1000 and, in default of payment of fine, to undergo rigorous imprisonment for a further period of one month.2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows: -On account of financial necessity, the prosecutrix, namely, D, a minor girl, aged about 14 years, used to work as a maid servant at the house of the accused-petitioner on a monthly salary of Rs. 12.... On the night of 11.7.1993, while D was asleep at the house of her employer, i.e., the accused-petitioner, the accused came to the bed, where D was asleep, and despite resistance offered by D, the accused over-powered her, gagge...
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