Guwahati Court April 2004 Judgments
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Pranati Moda (Saha) Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-21-2004
T. Vaiphei, J. 1. By this writ petition, the petitioner is seeking a direction from this court for allowing her to enjoy the University Grants Commission (UGC) pay scale of lecturer/sr. lecturer/lecture selection grade with effect from 5.2.1992 with actual financial benefits, for considering her absorption to the said post of lecturer as per UGC recommendation in the Government College of Education with UGC pay scale attached to the post with effect from 5.2.1992 and for setting aside the memorandum No. F.6(9-l)DYAS/CON/2000/2281-3225 dated 4.6.2001 transferring her to the West District Youth Affairs and Sports Office, College Tilla, Agartala.2. The material facts, in brief, are that the petitioner was initially appointed as class-Ill staff (primary teacher) on 28.4.1964. Therefore by the order dated 11.11.1965, she was appointed to the post of Instructor (Physical Education) and was subsequently placed in the post of Graduate Physical Instructor in the pay scale of 125-200/- with eff...
Man Mohan Das and anr. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Apr-21-2004
T. Vaiphei, J. 1. This writ petition under Article 226 of the Constitution of India is filed by the petitioners for directing the respondent No. 2 to make a reference under Section 30 of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act') to the Land Acquisition Judge, West Tripura, Agarala (hereinafter called 'the L.A. Judge') for resolving the dispute between them and the respondent No. 3 with respect to payment of compensation money of Plot Nos. 8320, 8320/13535, 8347 and 8324 of Mouja Badharghat under Khatian No. 6072.2. I have heard Mr. S. Deb, learned senior counsel, assisted by Mr. Somik Deb, learned counsel appearing for the petitioners. Alse heard Mr. B.N. Majumdar, learned counsel for the private respondent No. 3 and Mr. A. Ghosh, learned counsel for the State respondents.3. To appreciate the rival contentions of the parties, I may briefly refer to the facts of the case as emerged from the pleadings of both the parties :-The case of the petitioners is that ...
Jiban Das Vs. State of Assam
Court: Guwahati
Decided on: Apr-21-2004
P.G. Agarwal, J.1. Heard J.M. Choudhury, learned Senior Advocate appearing for the petitioner and the learned Public Prosecutor, for the respondent.2. The petitioner accused Jiban Das was tried for commission of offence Under Section 326 IPC in GR Case No. 1368/93 on the allegation of causing grievous hurt to one Putou Das. On conclusion of the trial, the learned Chief Judicial Magistrate, Sonitpur, Tezpur vide judgment dated 12.5.1994 convicted the accused appellant Under Section 326 IPC and sentenced him to imprisonment for four years. Feeling aggrieved, the accused appellant preferred appeal being Criminal Appeal No. 8 (S-2)/94 and the learned Sessions Judge affirmed the order of conviction but reduced the period of imprisonment to one year only. Hence the present revision.3. The prosecution case in brief, is that the accused and the victim Putou Das are residents of village Goroimari Kaibarta Chuburi under Tezpur Police Station and on 26.10.1993, an altercation took place between ...
Gaur Moni Singha Vs. State of Assam
Court: Guwahati
Decided on: Apr-21-2004
P.G. Agarwal, J.1. The appellant Sri Gaur Moni Singha is a constable in the Central Military Police and he was tried by the Coxirt of the Special Judge, Barpeta in Special (N.D.P.S.) Case No. 1/94 and on conclusion of the trail vide impugned judgment dated 12.6.1995 the accused appellant was convicted Under Section 20(b)(i) of the NDPS Act (for short the Act) and he was sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- in default further imprisonment for three months. Hence the present appeal.2. The prosecution case in brief, is that in between the night of 8th and 9th February, 1994 while the GRPF personnel were making a regular search/checking of the railway bogies, the accused person was travelling in the Kunchanjanga Express and they asked the accused to allow search of his baggages, the accused resisted the same for giving privilege for being a military personnel whereupon the accused was forced to detained at Barpeta Road railway platform along ...
Birpatra Tanti and ors. Vs. State of Assam
Court: Guwahati
Decided on: Apr-21-2004
P.G. Agarwal, J.1. This appeal is directed against the judgment and order dated 20.1.95 passed by the learned Sessions Judge; Sbnitpur, Tezpur in Sessions Case No. 73(S)/92 whereby the accused appellants were convicted and sentenced. 2. The three appellants before us were tried by the Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 73(S)/92 and on conclusion of trial they were convicted under Section 304(11) IPC and sentenced to imprisonment for three years and to pay a fine of Rs. 1000 each in default further imprisonment for six months each.3. The prosecution allegation in brief is that on the date of occurrence, i.e., 16.5,91 the three accused appellants forcibly dragged Smti. Kripia Champia the deceased while she was at the tube well and assaulted her. She was brought to the house of the accused persons where she was assaulted and kept confined for the night and on the next day morning she was brought to the garden hospital where she was declared dead by the medical officer....
Santosh Kr. Sarma Vs. State of Assam
Court: Guwahati
Decided on: Apr-19-2004
I.A. Ansari, J. 1. This revision has arisen out of the judgment and order, dated 06.08.1996, passed by the learned Additional Sessions Judge, Jorhat, in Criminal Appeal No. 29 of 1994, upholding the conviction of the accused-petitioner, namely, Santosh Kumar Sharma, under Sections 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the PFA Act') and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1000/- and, in default of payment of fine, to suffer rigorous imprisonment for a further period of one month.2. The case of the prosecution against the accused-petitioner, as unfolded at the trial, may, in brief, be stated as follows :The accused-petitioner owned a sweet shop under the name and style 'Santosh Sweets' at AT Road, Jorhat. At his said shop, the accused-petitioner had employed a sales-man, namely, Kishan Sharma, who used to sell there, besides other items, curd made of cow milk. On 24.8.1992, Food Inspector, Sri N.C....
Santosh Kumar Sarma Vs. State of Assam
Court: Guwahati
Decided on: Apr-19-2004
I.A. Ansari, J. 1. This revision has arisen out of the judgment and order, dated 6-8-1996, passed by the learned Additional Sessions Judge, Jorhat, in Criminal Appeal No. 29 of 1994, upholding the conviction of the accused-petitioner, namely, Santosh Kumar Sharma, under Sections 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the PFA Act') and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1000/- and, in default of payment of fine, to suffer rigorous imprisonment for a further period of one month.2. The case of the prosecution against the accused-petitioner, as unfolded at the trial, may, in brief, be stated as follows : The accused-petitioner owned a sweet shop under the name and style 'Santosh Sweets' at AT Road, Jorhat. At his said shop, the accused-petitioner had employed a salesman, namely, Kishan Sarma, who used to sell there, besides other items, curd made of cow milk. On 24-8-1992, Food Inspector, Sri NC Gos...
Rita Das and anr. Vs. Girindra and ors.
Court: Guwahati
Decided on: Apr-15-2004
T. Vaiphei, J. 1. This second appeal is directed against the appellate judgment and decree dated 15.1.03 passed by the learned Additional District Judge, Kailashahar in Title Appeal No. 34 of 1999 affirming the judgment and decree dated 29.9.1999 passed by the learned Civil Judge, Sr. Division, North Tripura District in Title Suit No. 19 of 1985.2. It may be noted at the very outset that the appeal came up for admission on 9.6.2003, on which date, this Court directed that notice be issued to the respondents for admission hearing. In answer to the notice, the respondents through their counsel entered their appearance and submitted that there was no substantial questions of law in the appeal and, as such, the same may be dismissed at the admission stage itself. On the other hand, Sri S. Deb, the learned counsel for the appellants, strenuously argued that there was certainly substantial questions of law involved in the appeal and proposed the following points for formulation by this Cou...
Ramdeo Ranglal Vs. Ghooronia Tea Co. (P.) Ltd.
Court: Guwahati
Decided on: Apr-09-2004
D. Biswas, J.1. This petition has been filed under Sections 433 and 434 of the Companies Act, 1956, hereinafter referred to as the Act, for winding up the respondent-company, namely Ghooronia Tea Co. Pvt. Ltd. and for appointment of Official Liquidator.2. The petitioner is a registered partnership firm having its registered office at Dibrugarh, Assam and is engaged in the business of banking. The respondent-company have been borrowing monies from the petitioner-firm from time-to-time for the purpose of payment to the members of the staff and the workers and to meet other financial exigencies. The terms and conditions amongst others also include payment of interest at the rate of 24% and fixed monthly commission of Rs. 1,500. The respondent-company was not in default in repayment till 1996. By the letter dated 23-12-1997, the Company admitted their liability for repayment of Rs. 7,21,127.73 and promised to clear the same on or before 23-12-1997. Subsequent thereto, the respondent-compa...
T. Lalropuia Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Apr-08-2004
B.K. Sharma, J. 1. Both the writ petitions have been heard analogously. The issue involved in the writ petitions is same. In WP(C) No. 101 of 2002 the writ petitioner (hereinafter referred to as 'Petitioner No. I') seeks a direction for implementation of the recommendation made by the Mizoram Public Service Commission (in short MPSC) for his appointment as Asstt. Director of Forensic Science Laboratory, Mizoram under the respondents. On the other hand in WP(C) No. 105 of 2002 the writ petitioner (hereinafter referred to as 'Petitioner No. IP) has prayed for setting aside and quashing of the recommendation made in favour of the Petitioner No. I.2. The basic facts are not in dispute. The MPSC issued an advertisement No. 3 of 2001-2002 for two posts of Asstt. Director (Forensic) under Mizoram Police Department. The prescribed qualification laid down in the advertisement was M.Sc. (in Forensic, Chemistry, Physics, Mathematics, Zoology, Botany, Bio-Chemistry, Micro Biology, Bio-Physics etc...
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