Guwahati Court November 2005 Judgments
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Parimal Mazumdar Vs. State of Assam
Court: Guwahati
Decided on: Nov-29-2005
P.G. Agarwal, J.1. Heard the learned Counsel appearing on behalf of the accused -appellant and the learned P.P.2. This appeal is directed against the judgment arid order dated 10-3-2000 passed , by the Sessions Judge, Nagaon in Sessions Case No. 4(N) of 1999 whereby the accused-appellant was convicted Under Section 302, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5000/- in default further imprisonment for six months. The accused-appellant was also convicted Under Section 201, IPC and sentenced to imprisonment for two years and to pay a fine of Rs. 1000/- in default further imprisonment for three months. The accused was also convicted Under Section 387, IPC and sentenced to imprisonment for two years and to pay a fine of Rs. 1000/- in default further imprisonment for three months. All the sentences were directed to run concurrently,3. The prosecution case in brief is that a ransom note was received by the complainant (P.W. 5) Narendra Ch. Das demanding a sum of ...
Meena Chakraborty Vs. Management of United Bank and anr.
Court: Guwahati
Decided on: Nov-25-2005
Ranjan Gogoi, J.1. An award dated 25.9.1998/passed by the learned Presiding Officer, Industrial Tribunal, Guwahati in a reference registered under Section 10 of the Industrial Disputes Act has been put to challenge by the petitioner in the present writ application.2. The facts in brief may be noted at the outset.The petitioner joined the respondent-Bank as Cashier-cum-Clerk on 9.4.1983 and she was posted at Imphal. While in service at Imphal, she married an Army Officer in the year 1986. The husband of the petitioner was transferred to Bareilly and, therefore, the petitioner had put in a request for the transfer to the same place. Though there was a Branch of the respondent-Bank at Bareilly, according to the petitioner the concerned authority did not accede to her request for transfer to Bareilly and instead transferred the petitioner to Silchar. As the husband of the petitioner along with her minor son was in Bareilly and her son was not keeping well from time to time, the petitioner...
Oriental Insurance Co. Ltd. Vs. Krishna Kakati and ors.
Court: Guwahati
Decided on: Nov-25-2005
H.N. Sarma, J.1. Heard Mr. S. Dutta, the learned Counsel, appearing on behalf of the writ petitioner Insurance Company.2. The challenge made in this application filed under Article 226/227 of the Constitution of India, is an award dated 6.11.1999 passed by the leaned Member, MACT, Kamrup at Guwahati in MAC Case No. 71/1997.3. Against the aforesaid impugned award, the petitioner earlier filed a civil revision petition being CRP No. 75/2000 under Article 227 of the Constitution of India. When the said revision petition was dismissed inter alia holding not to be maintainable vide judgment and order dated 20.1.2005, this present writ petition under Article 226/227 of the Constitution of India is filed challenging the same award, seeking to invoke the writ jurisdiction of the High Court.4. The case of the petitioner, inter alia, is that the claimant respondent himself filed the claim case being MACT Case No. 71/97 before the MACT, Kamrup at Guwahati claiming compensation for the injuries s...
Eastern Agency Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-24-2005
D. Biswas, Actg. C.J.1. Writ Petitions (C) Nos. 7044, 7045, 7046 and 7047 of 2005 were heard on 5.10.2005 for final disposal as all these cases raise identical question of law.2. Shri H. Roy, learned senior counsel assisted by Mr. R. Goenka, Mr. R.K. Agarwalla, Mr. N. Barua and Mr. M. Talukdar, learned Counsels appeared on behalf of the petitioners, while Mr. K.N. Choudhury, learned Additional Advocate General, Assam appeared for the State.3. The petitioners are proprietorship concerns duly registered as dealers under the Assam General Sales Tax Act, 1956. They are members of the Guwahati Tea Auction Centre and engaged in the business of purchase and sale of tea in course of inter-State trade and commerce. The disputes relate to the turnovers for the year 2001-02. The turnovers disclosed total sale of tea to the tune of Rs. 8,33,26,100 (in W.P.(C) No. 7044 of 2005) ; Rs. 6,78,31,000 (in W.P.(C) No. 7045 of 1999) ; Rs. 9,05,25,900 (in W.P.(C) No.7046 of 2005) ; and Rs. 7,72,86,400 (in ...
Pallavi Saikia (Bharali) Vs. Mriganka Bharali
Court: Guwahati
Decided on: Nov-24-2005
H.N. Sarma, J.1. Invoking the general jurisdiction of the High Court to transfer a case pending in any of its subordinate Court, this transfer petition has been filed by the petitioner praying for transfer of the Case No. F.C. (Civil) No. 61/2005 now pending for adjudication before the Principal Judge, Family Court, Kamrup at Guwahati to the Court of the learned District Judge, Sibsagar. The aforesaid case washed in the Family Court' by the husband respondent praying for nullity of the marriage that took place between the petitioner and the Respondent, under Section 12(1)(a) of Hindu Marriage Act, 1955 and for a decree of nullity.2. It is an admitted fact that the parties are professing Hindu religion and their marriage, which was an arranged one, took place on 6.5.2004 according to Hindu Rites. Even before quelling the charm of the marriage ceremony and rituals, the divorce petition came to be filed by the husband respondent on 28.2.2005. before the Family Court, Guwahati to declare ...
T. Chubatemsu Kichu and ors. Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Nov-23-2005
I.A. Ansari, J. 1. The petitioners are permit holders of contract carriage, the permit having been granted by the concerned authorities of the Government of Nagaland and the petitioners have been running accordingly their vehicles as tourist taxis, the primary route of plying of these taxis is between Mokokchung and other places like Kohima, Dimapur, Tuensang in Nagaland. While the petitioners were smoothly running their taxis as contract carriage, respondent No. 2, namely, Secretary, Regional Transport Authority, Mokokchung, issued a licence to the private respondent, i.e., the respondent No. 5, namely, owner of M/s. Link Transport Agency for sale of tickets of public service vehicles. Immediately, after grant of licence to respondent No. 5 as mentioned hereinbefore, the respondent No. 5 asked some of the petitioners to register themselves with the travelling agency of the respondent No. 5 and carry, in their respective taxis, only those passengers, who purchase tickets issued by the...
United India Insurance Co. Ltd. Vs. H. Lalhmingliana and anr.
Court: Guwahati
Decided on: Nov-22-2005
I.A. Ansari, J.1. This Appeal under Section 173 of the Motor Vehicles Act, 1988, has arisen out of the award, dated 12.5.2004, passed by the learned Member, MACT, Aizawl, in MAC Case No. 34/2002, directing the present insurer-appellant to pay Rs. 3,12,000 as compensation to the claimant-respondent within one month from the date of the award failing which interest at the rate of 9% per annum would accrue on the awarded amount until full payment is made.2. The material facts, which have led to the present appeal, may be set out as follows:The Claimant-respondent No. 1 instituted the MAC Case No. 34/2003 aforementioned under Section 166 of the MV Act, 1988, claiming compensation for the injuries sustained, his case being, in brief, this : The claimant, aged about 40 years, was, at the relevant point of time, employed as a driver by the respondent No. 2 herein to drive his taxi bearing registration No. MZ01-A-5590 and used to receive Rs. 2,500 as salary per month. On 24.7.2000, when the ...
State of Mizoram Vs. Ramengmawia
Court: Guwahati
Decided on: Nov-22-2005
I.A. Ansari, J. 1. This criminal reference has arisen under Rule 9 of the Rules for the Regulations of the Procedure of Officers appointed to Administer Justice in Lushai Hills, 1937 out of the judgment and order, dated 1.2.2005, passed, in G.R. Case No. 432/2004, by the learned Additional Sessions Judge (ad hoc), Lunglei, whereby accused Ramengmawia stands convicted under Section 302 IPC and sentenced to suffer imprisonment for life.2. The case against the accused person, as unfolded at the trial, may, in brief, be stated as follows :On 25.12.2004, the Duty Officer, at Lunglei Police Station, namely, Assistant Sub-Inspector of Police, Shri Lalchhinga, received a telephonic message, at the said Police Station, from Shri R. Sawithanga, VCP, Buarpui, informing him to the effect, inter alia, that Sawikima, aged about 48 years, who had set out of his residence on rambling at about 7.00 O'clock of 24th December, 2004, had not returned home till the dusk and following his disappearance, mem...
Sushil Kumar Barua Vs. Golok Chandra Kalita
Court: Guwahati
Decided on: Nov-21-2005
I.A. Ansari, J.1. The order under challenge in the present revision was passed by the learned Chief Judicial Magistrate, Nalbari, on 07.10.1994, directing issuance of summons to, amongst others, the accused petitioner under Sections 343/330/34 IPC.2. The material facts and chronology of events, which led to making of the present revision, may, in brief, be set out as follows:(i) The opposite party herein, viz., Golok Chandra Kalita lodged a complaint, on 06.09.1994, in the Court of the Chief Judicial Magistrate, Barpeta, which have rise to Complaint Case No. 1385c of 1994, the case of the complainant being, in brief, thus: On 15.07.1994 at about 12 noon, accused No. 1, (i.e., the petitioner herein), who is an inspector of Police and was, at relevant point of time, Officer-in-Charge of Nalbari Police Station, accompanied by accused No. 2, Viz., Sudhangsu Sukla Baidhya, an inspector of Police at the said Police Station, and other staff, came to the business premises of the complainant a...
Paul Tushar Biswas Vs. Addl. Dist. Judge and anr.
Court: Guwahati
Decided on: Nov-21-2005
Amitava Roy, J.1. The matrimonial alliance between the parties though conclusively determined by a decree of divorce, the issue pertaining to maintenance of their minor son has kept them belligerently engaged in Courts of law. The instant application witnesses a challenge by the petitioner/husband to the judgment and order dated 9.4.2003 passed by the learned District Judge, Shillong, in (Civil) Miscellaneous Application 7(H)/2002 arising out of matrimonial case No. 6(H)/ 2000 under Section 43 of the Indian Divorce Act, 1869 (hereafter referred to as the Divorce Act), rejecting his application to allow him to provide child maintenance to the offspring, Timothy Biswas.2. I have heard Ms. A. Paul, Advocate assisted by Mr. K. Paul, Advocate for the petitioner and Ms. P.D.B. Baruah, Advocate for the respondent No. 2.3. The prefatory facts building up the factual edifice would be essential. The petitioner claims to be an Indian National presently residing at California in the United States...
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