Guwahati Court February 2005 Judgments
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Rita Purkayastha Vs. Sunil Nath and ors.
Court: Guwahati
Decided on: Feb-04-2005
H.N. Sarma, J.1. This revision petition has been filed by the petitioner under Section 401/397/482 of the Cr.P.C. read with Article 227 of the Constitution of India challenging the legality and validity of the impugned judgment and order dated 5.6.2004 passed in Criminal Revision No. 52 (3)/03 by the learned Sessions Judge, Karimganj, The said Criminal Revision was also filed by the present petitioner challenging the impugned judgment and order dated 28.7.2003 passed in G.R. Case No. 5257 2001 by the learned Judicial Magistrate, 1st Class, Karimganj acquitting the accused persons. The petitioner was the complainant in the aforesaid G.R. Case and the accused persons having been acquitted by the learned trial Court, she filed the aforesaid Criminal Revision challenging the said order of acquittal before the learned Sessions Judge at Karimganj. The learned Sessions Judge, Karimganj upon consideration of the matters in detail rejected the said revision filed against the order of acquittal...
Rajesh Kumar Choudhury and anr. Vs. United India Insurance Co. Ltd. an ...
Court: Guwahati
Decided on: Feb-04-2005
A. HAZARIKA, J1. This appeal at the instance of the plaintiff-appellant is directed against the impugned judgment and decree dated 6.1.1997 passed in Money Suit No. 108 of 1991 by the learned Additional District Judge, Nagaon dismissing the suit.2. The plaintiff-appellant filed the suit in the court of Assistant District Judge at Nagaon for realisation of Rs. 6,13,596 and for payment of interest @ 18% per annum till payment of the decretal sum, with cost of the suit.3. The case of the plaintiff-appellant, in brief, as averred in the plaint is that he was running the Chaparmukh Rice Mill, being the owner, which comprises the mill buildings and premises alongwith stock of mill were insured with the United India Insurance Co. Ltd., the defendant at Nagaon Branch, Haiborgaon, Assam bearing policy No. 130101/11/02989 for an amount of Rs. 10,00,000 which was valid from 1.3.89 to 28.2.90 upto 4. P.M. The said policy covered risks including flood and inundation amongst others.The plaintiff-ap...
Dilip Sarma Vs. State of Assam
Court: Guwahati
Decided on: Feb-03-2005
H.N. Sarma, J.1. The challenge made in this Criminal Revision is the judgment and order dated 12.3.1998 passed by the learned Sessions Judge, Kamrup, Guwahati in Criminal Appeal No. 36/97 upholding the order of conviction and sentence dated 30.9.1997 passed by the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati in Case No. GR 3504/94 under Section 498(A) of IPC and sentenced him to undergo simple imprisonment for two months with a fine of Rs. 3000 in default simple imprisonment for another period of 2 months.2. I have heard Mr. B Kalita, learned senior counsel for the petitioner and also Mr. K Munir, learned Public Prosecutor for the State.3. The prosecution case, inter alia, is that on 7.10.1994, an FIR was lodged by PW 1 before the Officer in-charge of All Women Police Station, Panbazar, Guwahati alleging, inter alia, that the accused-petitioner Dilip Sarma married her according to Hindu rites and customs on 20.2.1994 and started ill-treating her both physically and m...
United India Insurance Co. Ltd. Vs. Member, Motor Accident Claims Trib ...
Court: Guwahati
Decided on: Feb-03-2005
B.P. Katakey, J.1. By this writ petition the petitioner sought to invoke the jurisdiction of this court under Article 227 of the Constitution of India by challenging the judgment and award dated 30.7.2001 passed in MAC Case No. 347 of 1998 and other claim cases arising out of same accident, passed by the learned Member, Motor Accident Claims Tribunal, Kamrup at Guwahati awarding a sum of Rs. 2,20,000 as compensation and directing the insurance company, i.e., the petitioner to satisfy the award in so far as it is relates to MAC No. 347/98. This present writ petition is confined to the award insofar as it relates to MAC 347/98.2. I have heard Mr. Bikash Joity Kar Purakayastha, learned counsel for petitioner and B.K. Jain, learned counsel appearing, on behalf of the respondent Nos. 2, 3 and 4 who are the claimants in MAC 347/98. None appears on behalf of respondent No. 1 in spite of service of notice. Though this court vide order 12.10.2001 has issued notice of motion, this matter is tak...
Pritish Ranjan Roy and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Feb-03-2005
R.B. Misra, J.1. Heard Mr. C. S. Sinha, the learned Counsel appearing on behalf of the petitioners and Mr. U.B. Saha, the learned, Sr. Government Advocate assisted by Mr. T.D. Majumder, the learned Counsel appearing on behalf of the respondents.2. In this writ petition prayer has been made for directing the respondent to regularize the services of the petitioners to the post/grade commensurate to their educational qualification since the date of their initial joining to the service as Contingent Workers along with consequential service benefits by obtaining financial concurrence of the State Government and also for issuance of writ of certiorari quashing the appointment of 500 Lower Division Clerks/Panchayat Secretaries as illegal and arbitrary along with the prayer for declaring the Memorandum No. F.10(16)-Fin(G)/99 dated 22.3.2001 as unjustified and unreasonable. The facts necessary for adjudication of the present writ petition are that some of the petitioners being High School Pass...
New Star Corporation Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-03-2005
Ranjan Gogoi, J.1. Heard Mr. J.L. Sarkar, learned Counsel for the petitioner and Mr. D. Saikia, learned State Counsel appearing for the official respondents.2. This writ petition has been filed seeking orders directing the respondents to refund the amounts paid by the petitioner for the assessment years 1994-95, 1995-96, 1996-97 and 1997-98 on account of tax on containers in respect of exempted goods. According to the petitioner, a division Bench of this Court in the case of Bijoy Singh Bimal Kumar v. State of Assam reported in [1999] 113 STC 436 : (1998) 3 GLR 164 has laid down the law that levy of tax on containers of exempted goods would not be authorised and that if no tax is leviable on the goods then no tax can either be levied on the containers in which such goods are contained. On the above basis the petitioner has filed the aforesaid writ application for directions to the authority to refund to the petitioner the tax already paid.3. The provisions for refund of tax are conta...
Sidheswar Deka Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-03-2005
B.K. Sharma, J.1. All these writ petitions have been filed challenging the promotions of the private respondents on the ground that while promoting them the official respondents did not consider the case of the petitioners who are admittedly senior to them. The petitioners in W.P.(C) No. 737/2000, W.P.(C) No. 933/2000 and W.P.(C) No. 768/2000 are working as Accountant under the respondent Marketing Board while the petitioner in W.P.(C) No. 1529/2000 is working as Accounts Assistant under the Board. It is the grievance of the petitioners that the private respondents even in the cadre of L.D.A. (Grade III) and persons belonging to Grade IV have been promoted as Marketing Inspector giving them multiple promotions ignoring the case of the petitioners who are much senior to all the private respondents.2. The official-respondents have filed an affidavit in W.P.(C) No. 737/2000 and the learned counsel for the respondent-Board submits that the said affidavit-in-opposition will govern all the ...
Dwijendra Nath Choudhury Vs. State of Assam and anr.
Court: Guwahati
Decided on: Feb-03-2005
B.P. Katakey, J.1. The writ petitioner by this writ petition has challenged the order dated 30.10.2000 passed by the Commissioner and Secretary to the Government of Assam, Personnel Deptt. (Personnel A) inflicting punishment of reduction in rank to the post of Lower Grade that is the ACS, Junior Grade from his present Grade of ACS Sr. Grade with immediate effect.2. Heard Mr. G.N. Sahewalla, learned Sr. counsel assisted by Mr. P. Bora, learned counsel for the petitioner and Mr. Gani, learned counsel appearing on behalf of the respondents.3. The facts leading to the filing of the present case is that the petitioner who was an ACS officer of Sr. Grade II, while serving as Project Director ITDP and Additional Deputy Commissioner, Dibrugarh was served with a show cause notice dated 20th September, 1997 asking him to show cause as to why the disciplinary action shall not be taken against him for the mis-conduct alleged in the said show cause notice under the Provisions of Assam Services (D...
Prabhat Marketing Co. Ltd. Vs. State of Assam and anr.
Court: Guwahati
Decided on: Feb-03-2005
Ranjan Gogoi, J.1. Heard Mr. G.N. Sahewalla, learned Senior Counsel for the petitioner and Mr. K.N. Choudhury, learned Additional Advocate-General, Assam.2. By the Assam General Sales Tax (Amendment) Act, 1998 (Assam Act 8 of 1998), Section 8A was inserted in the principal Act to provide for levy of additional tax on a dealer on his taxable turnover at 10 per cent of the tax payable by him in cases where the turnover of a dealer exceeds Rs. 3 lakhs. Sub-section (3) of Section 8A, as inserted by the amendment of 1998, however, provided that a dealer shall not be entitled to collect any sum on account of additional tax payable by him from the purchaser. Sub-section (3) of Section 8A was deleted with effect from June 1, 1999 by Assam Act (15 of 1999). The challenge herein is with regard to the validity of the Sub-section (3) of Section 8A during such time the aforesaid provision remained in force.3. The contention advanced on behalf of the petitioner, in support of the challenge made, i...
Bulbuli Dutta Vs. Subodh Datta
Court: Guwahati
Decided on: Feb-03-2005
H.N. Sarma, J.1. Claim of maintenance by the petitioner for herself and her unfortunate minor daughter, has led her to knock the door of the justice, even by way of this petition Under Section 482 Cr. P.C. read with Article 227 of the Constitution of India, praying for exercise of inherent power of this Court.2. The brief facts leading to the present petition are as follows : the petitioner filed a petition Under Section 125 Cr. P.C. praying for maintenance for herself and her minor daughter from the respondent Sri Subodh Datta. The parties are the residence of Rangapara Town, under Rangapara P.S. in the district of Sonitpur. It is stated in her application for maintenance that they were in love affairs and as a result of sexual intercourse between the minor girl was begotten. It is further stated that on 1.6.1990, the respondent married the petitioner by putting vermilion on her forehead, and although the petitioner is the married wife of the respondent and the respondent is the fath...
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