Guwahati Court April 2004 Judgments
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Bhola Hazarika Vs. State of Assam
Court: Guwahati
Decided on: Apr-28-2004
I.A. Ansari, J.1. This revision impugns the judgment and order, dated 22.2.1996, passed by the learned Additional Sessions Judge, Sonitpur, Tezpur, in Crl. Appeal No. 4(5-1)794, upholding the conviction of the accused-petitioner under Section 411 IPC and the sentence passed against him to undergo rigorous imprisonment for 3 months.2. The case against the accused-petitioner, as unfolded at the trial, may, in brief, be stated as follows :- An FIR was lodged at Mahabhairab Police Outpost by one Jagat Chandra Goswami alleging, inter alia, that on the night of 8.7.1984, some miscreants had entered into his dwelling house by breaking open the door and committed theft of the articles described in the FIR. A case was accordingly registered and, during the course of investigation, the police visited the house of the accused-petitioner and recovered, on being pointed out by the accused-petitioner, some articles kept concealed under the ground near the cow-shed of the accused-petitioner. On rec...
Hema Handique and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-27-2004
B K Sharma, J. 1. According to the fact narrated in the writ petition, the petitioners were appointed as unskilled workers at Rs. 39.50 per day in the Central Workshop of the Oil & Natural Gas Commission Ltd. (ONGC) at Sitsagar w.e.f. 19.3.1996. As a taken of proof of their such engagement, the petitioners have annexed same letters by which the Labour Officer of the ONGC had requested the Assistant Commandant, Central Industrial Security Force, ONGC, Nazira to issue Gate passes in favour of the petitioners. In the said letters it was indicated that the services of the petitioners as daily basis labourer towards the house keeping jobs had been extended for the periods as mentioned in the letters. It is on that basis, the petitioners claim that they were serving under the ONGC w.e.f. 19.3.96 till 30.6.98. They were not allowed to work w.e.f. 1.7.98.2. It is the case of the petitioners that they having rendered services for 240 days in a year, they are entitled to be considered for conve...
Nirmal Kalita Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-27-2004
A.H. Saikia, J.1. Heard Mr. B.D. Goswami, learned counsel for the appellant. Also heard Mrs. A. Hazarika, learned Govt. counsel appearing on behalf of the State respondents.2. The learned Single Judge dismissed the Civil Rule No. 1391/96 by judgment and order dated 7.2.02 holding that there was hardly any clinching or satisfactory material to enable the writ court to hold that my particular police officer was responsible for the death of one Niranjan Kalita so as to fasten any liability on any particular member of the police party for the death of said Niranjan Kalita.3. In the said writ petition, it was alleged inter alia that in the night of 3/4.6.95, a group of unidentified persons raided the house of one Biren Kalita of village Bamungaon under Kamalpur Police Station in the District Kamrup. During such raid, the inmates of the house of Biren Kalita, having become panicky, raised a hue and cry attracting the neighbours of locality towards their house. Thereafter, the police personn...
Krishna Kanta Hazarika Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-27-2004
Amitava Roy, J. 1. The constitutional validity of the preventive detention of the petitioner under the National Security Act, 1980 (hereinafter referred to as the Act) has been questioned in the instant proceeding. The petitioner has been detained by the order dated 1.11.2003 and is presently lodged in the District Jail (Central Jail), Guwahati, Assam.2. We have heard Mr. A.M. Buzarbaurah, learned counsel for the petitioner and Mr. S. Ali, Additional Advocate General, Assam, assisted by Miss G. Deka Govt. advocate, Assam for the respondents.3. The relevant facts lie in a short compass. The petitioner who was arrested on 2.9.03 in connection with Dispur P.S. Case No. 903/03 came to be detained thereafter under the Act by the order passed on 1.11.03 in exercise of powers under Sub-sections (2) and (3) of Section 3 thereof. The grounds of detention were furnished to the petitioner on 9.11.03 and he submitted a representation on 10.12.03 before the Government of Assam as well as the Centr...
Farjana Banu Vs. Parvez Alam
Court: Guwahati
Decided on: Apr-23-2004
P.G. Agarwal, J. 1. Heard Mr. A.K. Goswami, learned counsel for the petitioner and Mr. A. Roy, learned counsel for the respondent/caveator. 2. The caveat stands discharged. 3. The petitioner had married the respondent sometime in the year 1994 and out of the said wed lock, three children were born. Subsequently, some marital disputes arose between, the parties and they started living separately. The respondent/husband thereafter filed an application under the Guardians and Wards Act, 1890 (for short the 'Act') for custody of the minor daughters and it was registered as Misc. (G) No. 53/2003. On notice being issued, the petitioner appeared before the District Judge, Tinsukia and prayed for time to file the written statement and subsequently the prayer for allowing time to file written statement was rejected under Order VIII, Rule 1, CPC. The petitioner had filed the written statement and thereafter she filed an application under Section 151 CPC for accepting the written statement. The...
Purnendu Dutta Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-23-2004
T. Vaiphei, J. 1. This writ petition is filed by the petitioner for directing the respondents to consider the case of the petitioner for promotion to the post of Inspector of Police from a date earlier than the date from which his juniors were promoted to that post and to maintain his seniority above the proforma-respondents.2. It is the case of the petitioner that he was appointed to the post of Sub-Inspector of Police (Un-armed Branch) on 26.07.1979 and was confirmed to that post on 12.06.1980. He passed the departmental examination in the year 1987-88 and that he thus became eligible for promotion to the post of Inspector of Police (Un-armed Branch) since July 1997. In the provisional gradation list of SI of Police (Un-armed Branch), notified by the Director General of Police, Government of Tripura in Memorandum dated 22.01.2000, his name appears at Sl. No. 19 whereas the names of the pro-respondents appears at Sl. Nos. 20 to 34, thereby confirming that he was senior to the pro-re...
Oriental Insurance Company Ltd. Vs. Joya Ghosh and anr.
Court: Guwahati
Decided on: Apr-23-2004
P.P. Naolekar, C.J. 1. The facts for disposal of this appeal in a narrow compass are that Dibakar Ghosh, husband of the Respondent No. 1, was employed by Smt. Seva Rani Biswas, Respondent No. 2, as driver of the vehicle No. AS-18/3337 and the vehicle was insured with the appellant Oriental Insurance Company Ltd. On an incident on 10.05.2001 Dibakar Ghosh, the driver of vehicle, sustained injuries and ultimately succumbed to his injuries. A claim petition was filed by the respondent No. 1, wife of the deceased driver, before the Commissioner, Workmen's Compensation, Kamrup, Guwahati. It is an admitted fact that the deceased was an employee of the respondent No. 2, the owner of the vehicle, for two days only prior to the date of accident and he was paid an amount of Rs. 100 per day. The Commissioner, Workmen's Compensation has calculated the monthly wages of the deceased at Rs. 3,000 per month and on that basis the award was made. Aggrieved by the award, the appellant-Insurance Company...
Management of Muttrapore Tea Estate Vs. Presiding Officer, Labour Cour ...
Court: Guwahati
Decided on: Apr-22-2004
P.G. Agarwal, J. 1. These batches of six writ petitions were heard analogously and disposed of by this common order.2. Heard the learned counsel for both sides.3. The writ petitioners before us have challenged the vires of the provisions of Section 36(4) of the Industrial Dispute Act, 1947, which reads as follows :'In any proceeding (before a Labour Court, Tibunal or National Tribunal) a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and (with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be).' 4. In order to appreciate the contentions raised, we may briefly reproduce the facts of Civil Rule No. 505 of 1993. The writ petitioner-management of Muttrapore Tea Estate is engaged in the business of manufacturing of tea having tea estate in the District of Sibsagar. An industrial dispute arose between the workmen of the said tea estate and the management whereupon a reference being Referenc...
Sadhan Chandra Ghosh Vs. State of Assam
Court: Guwahati
Decided on: Apr-22-2004
P.G. Agarwal, J.1. This criminal appeal is directed against the judgment dated 13.5.97 passed by the learned Sessions Judge at Dhemaji in Sessions Case No. 115(DH)/92.2. This is a case of death of an unfortunate housewife, Smt. Suradhani Ghosh, who died within a year of her marriage. The FIR, Ext. 1 was filed by her on 9th December, 1986 stating, inter alia, that she was married to the accused appellant Sadhan Ch. Ghosh about 11 months back and lived with,him. However, she was physically tortured by her husband and in-laws and on 28.11.86, the accused set her on fire, as a result of which, the nine months pregnancy carried by her was aborted due to the burn injuries. After few days of occurrence the victim was taken away by her elder brother to their house at Gogamukh, where she was staying with her brother.3. The victim, Suradhani Ghosh died on 9.12.86 and police after usual investigation submitted charge-sheet. The accused was tried for the commission of offence under Section 302 IP...
Arambam Kameswar Singh Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Apr-22-2004
P.P. Naolekar, C.J.1. Heard Mr. K. N. Choudhury, learned senior counsel for the petitioner Shri C. Choudhury, learned senior CGSC and Md. Jalaluddin, learned GA, Manipur.2. The detention order under the National Security Act, 1980 has been issued by the District Magistrate, Imphal East District when the petitioner was under arrest in a criminal case bearing FIR No. 63 (11) 03/HNG-PS Under Section 121/121-A, 10/13 UA(P) Au, 25(1-C) Arms Act and 6(1-A) IWT Act. The petitioner was served with the detention order on 8.12.2003. He was given the grounds of detention on 11.12.2003. The detenu submitted his representation to the State Govt. as well as to the Central Govt. on 17.12.2003. The detenu's representation was considered and rejected by the State Govt. on 24.12.2003 in the meanwhile the detention order passed by the District Magistrate was approved by the State Govt. on 15.12.2003. The learned counsel for the petitioner submits that the order of detention issued by the District Magist...
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