Guwahati Court November 2005 Judgments
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Jasmina Begum Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-21-2005
I.A. Ansari, J.1. By making the present writ petition, the petitioner has sought for cancellation of the impugned order, dated 11.1.1999 (Annexure K to the writ petition), whereby the respondent No. 5 has been appointed as Record Keeper on officiating basis in the office of the Principal Chief Conservator of Forests, Assam, and also for direction(s) to the State respondents to cancel the result of the Selection Test, which was held, on 17.10.1999, pursuant to the order, dated 3.11.1999, issued by the Divisional Forest Officer, Kamrup East Division, Guwahati.2. In the present writ petition, the petitioner claims to have been working on different occasions, on officiating basis, as Lower Division Assistant in the office of the respondent No. 2, namely, the Principal Chief Conservator of Forest, Assam, temporarily. Pursuant to the advertisement published in the year, 1999, the petitioner participated in the selection process; but the result of the same was not, eventually, declared. On t...
Anukul Chandra Dey Vs. Bhanu Kanta Debnath and anr.
Court: Guwahati
Decided on: Nov-18-2005
B.P. Katakey, J.1. This appeal by the claimant is directed against the judgment dated 22.5.2004 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in Case No. Title suit (WC) 43 of 2001 praying for enhancement of the compensation awarded by the learned Commissioner.2. The facts leading to the filing of the present appeal is that the claimant/appellant filed a claim petition before the learned Commissioner, Workmen's Compensation, under the provisions of the Workmen's Compensation Act, 1923 (for short 'the Act') for awarding compensation for the death of his son Amar Chandra Dey who was a Driver-cum-Mechanic of the vehicle bearing registration No. TR-01-2112 (Commander Jeep) owned by Bhanu Kanta Debnath, the respondent No. 1 herein alleging that his son died in an accident occurred on 6.10.2001 arising out of and in course of his employment and was paid a monthly wages of Rs. 4000. The owner of the vehicle (respondent No. 1 herein) on receipt of the noti...
Dipak Mohan Patra Vs. Assam State Transport Corporation and ors.
Court: Guwahati
Decided on: Nov-16-2005
Ranjan Gogoi, J.1. Heard Mr. D.C. Mahanta, learned senior counsel for the writ petitioner. None has appeared on behalf of the respondents.2. The petitioner who was at the relevant point of time serving as the Divisional Accountant of the respondent Corporation and posted at Jorhat was served with a show cause notice dated 7.8.1995 levelling the following charges:Charge No. 1 : - 'Negligence in discharge of dutiescausing misappropriation of ASTC revenue amounting to Rs. 4,23,448.80 by the Station Superintendent Shri S.N. Hazarika, ASTC, Jorhat (U/S) in collusion with Shri S.K. Bora, Cashier (UDA) ASTC, Jorhat (U/S) and; Rs. 2,03,329.99 by Shri Amanuddin Bora, Station Superintendent, ASTC, Sibsagar (U/S) in collusion with Shri Paresh Changkakati, Cashier (UDA) ASTC, Sibsagar (U/S).'Charge No. 2 : - 'Breach of Trust.'Charge No. 3 : - 'Gross misconduct.'Along with the charge-memo as aforesaid the list of documents and the list of witnesses by which charges were proposed to be proved as we...
Mazibur Rahman Vs. Abul HussaIn and ors.
Court: Guwahati
Decided on: Nov-14-2005
I.A. Ansari, J.1. The judgment and order, dated 21.8.2003, passed by the learned Additional Sessions Judge (Adhoc), Barpeta, in Sessions Case No. 138 of 2000, whereby 4 (four) accused persons, namely, Abul Hussain, Jabber Ali, Aynal Haque, Hanif Ali and Surat Jamal have been acquitted of the charges framed against them under Section 148 and Sections 341, 324 and read with Section 149 of the Indian Penal Code, stands challenged in the present revision by the informant of the case, namely, Mazibor Rahman.2. Prosecution's case, as unfolded by the FIR (Ext-1), lodged at Sarbhog Police Station, may, in brief, be described as follows : On 22.4.1997, at about 9 am, when Hibibor Rahman, younger brother of the informant, Mazibor Rahman, was proceeding towards Kharisala market from his house pulling hand-cart, all the accused persons, in a group, wrongfully restrained him on the way and accused Jabbar assaulted him with a dagger on his right cheek. On being so assaulted, when Habibor Rahman cri...
Suresh Chauhan and ors. Vs. State of Assam
Court: Guwahati
Decided on: Nov-14-2005
1. By the impugned judgment and order, dated 27.10.2003, the learned Sessions Judge, Nagaon, has, in Sessions Case No. 217(N)/2000, convicted the accused-appellants under Section 302 read with Section 34* IPC and sentenced them, for their conviction under Sections 302 read with Section 34 IPC, to suffer rigorous imprisonment for- life and a fine of Rs. 2,000 each and, in default, rigorous imprisonment for another period of six months and, further, convicting the accused-appellant No. 1 under Section 324 IPC and sentencing him to suffer rigorous imprisonment for one year, the sentences passed against the accused-appellants having been directed to run concurrently.2. The prosecution's case, in brief, is that one Nila Kanta Sharma lodged a written Ejahar, on 11.2.1993, at about 9 PM, alleging, inter alia, that on that very day, i.e., on 11.2.1993, at about 5 pm, while the informant's brother, Radha Kanta Sharma (since deceased), accompanied by Bimal Singh, was on their way back home from...
Bablu Sutradhar Vs. State of Assam
Court: Guwahati
Decided on: Nov-14-2005
1. By the impugned judgment and order, dated 11.08.2004, the learned Sessions Judge, Karimganj, has, in Sessions Case No. 2 of 2004, convicted the accused-appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and pay a fine of Rs. 1,000 and, in default of payment of fine, to suffer simple imprisonment for six months.2. The prosecution case, as was unfolded at the trial, may, in brief, be stated as follows:The accused-appellant is the son of deceased Kulen Sutradhar (since deceased), who used to take alcohol heavily and, in drunken state, used to quarrel and abuse the members of his family including his wife and also, at times, even assaulted them. On 22.08.2003, in the evening, when Kulen's wife, Renu, arrived home, she found Kulen in drunken state and, as usual, he started quarreling with Renu, abused her and beat her. On being so beaten, Renu left her home. At about 9.30 pm, on that very day, i.e., on 22.08.2003, Kulen's son Bablu (i.e., the present accus...
Ranjit Kumar Saha Vs. State of Tripura
Court: Guwahati
Decided on: Nov-11-2005
T. Vaiphei, J.1. The short question which falls for consideration in this writ petition is whether the earnest money deposited by the petitioner for bidding the contract for carriage of food grain and other essential commodities from FCI's different depots at Guwahati to Agartala in respect of the Notice Inviting Tender (in short NIT) dated 9-2-95 can be withdrawn by him after withdrawing his bid before acceptance of his tender by the respondent.2. The controversy arose out on the following facts and circumstances:By the aforesaid NIT, tenders were invited for transportation of food grain and other essential commodities. The petitioner, who is a transport Contractor, submitted his tender on 10-3-1995. The transportation work was to be carried out for the period commencing from April, 1995 to March, 1996. Being the lowest tenderer, the petitioner expected that he would be awarded the contract without any delay. While submitting his tender, he also deposited a sum of Rs. 50,000/- in the...
Harihar Shah Vs. Commissioner of Income-tax and ors.
Court: Guwahati
Decided on: Nov-10-2005
Ranjan Gogoi, J. 1. Heard Mr. G.N. Sahewalla, learned Counsel for the petitioner, and Mr. U Bhuyan, learned standing counsel, Income-tax Department.2. The facts, in brief, may be noted at the outset : On the strength of a warrant of authorisation dated November 17, 1999, issued under the provisions of Section 132 of the Income-tax Act, a search and seizure operation was conducted in the premises of one Dolphine Service, a courier agency doing business within the city of Guwahati. In the course of the aforesaid search and seizure operation held on November 24, 1999, evidence of two fixed deposit certificates issued by the then ANZ Grindlays Bank for Rs. 20,000 and Rs. 25,000, respectively, renewed up to date, were found. The said fixed deposits certificates were issued in the name of the petitioner, who had shown his address in the care of one Subodh Misra of M/s. Dolphine Service. On the basis of the said facts a consequential warrant of authorisation under Section 132(1A) was issued...
Harihar Shah Vs. Commissioner of Income Tax and ors.
Court: Guwahati
Decided on: Nov-10-2005
Ranjan Gogoi, J.1. Heard Mr. G.N. Sahewalla, learned Counsel for the petitioner, and Mr. U. Bhuyan, learned standing counsel, IT Department.2. The facts, in brief, may be noted at the outset:3. On the strength of a warrant of authorisation dt. 17th Nov., 1999, issued under the provisions of Section 132 of the IT Act, a search and seizure operation was conducted in the premises of one Dolphine Service, a courier agency doing business within the city of Guwahati. In the course of the aforesaid search and seizure operation held on 24th Nov., 1999, evidence of two fixed deposit certificates issued by the then ANZ Grindlays Bank for Rs.20,000 and Rs.25,000, respectively, renewed upto date, were found. The said fixed deposit certificates were issued in the name of the petitioner, who had shown his address in the care of one Subodh Misra of M/s Dolphine Service. On the basis of the said facts a consequential warrant of authorisation under Section 132(1A) was issued for search of the premises...
Kundargaon Anti Eviction Action Committee Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-09-2005
B.P. Katakey, J.1. The petitioner, by the present writ petition, has prayed for directing the respondents not to evict the members of the petitioner's committee from the land under their occupation and also to consider the application filed by them for grant of settlement of the land they are possessing.2. I have heard Mr. M. Singh, learned Counsel for the petitioner, Mr. K.N. Choudhury, learned Addl. Advocate General, Assam for the respondent Nos. 1 to 3 and Mrs. Milli Hazarika, learned senior counsel appearing on behalf of the respondent No. 4, Assam Industrial Development Corporation Limited.3. Mr. Singh, learned Counsel for the petitioner has submitted that the members of the petitioner's committee, 18 in number, named in annexure 2 to the writ petition, are possessing the land measuring about 3 Bs each for last more than 70 years and as such, they acquire bona fide right of claim over the land under their possession due to the long and uninterrupted possession and, therefore, the...
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