Guwahati Court May 2005 Judgments

Porna Bdr. Sonar and ors. Vs. State of Arunachal Pradesh and ors.

Court: Guwahati

Ranjan Gogoi, J.1. All the three writ petitions, being similar, were heard together and are being disposed of by this common judgment and order.2. I have heard Mr. R. Deka, learned Counsel for the writ petitioners in W.P.(C) No. 135(AP) 2005, W.P.(C) No. 296(AP) 2005 as well as Mr. T. Son, learned Counsel appearing for the writ petitioners in W.P.(C) No. 291(AP) 2004. Mr. B.L. Singh, learned Senior Government Advocate, Arunachal Pradesh appearing for the official respondents in all the cases has also been duly heard.3. The facts, in brief, may be noted at the outset.A total of 104 petitioners have joined together in the present cases under consideration raising essentially a claim of regularisation of their services. The petitioners were appointed as Assistant Teachers in different Government Primary and Middle English Schools of the State pursuant to an advertisement published in the newspapers on 10.11,99. The advertisement issued stipulated the number of vacancies to be 225 and ter...

Gautam Saha Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J.1. In Sessions Case No. 96/2002 the Sessions Judge, Dhubri tried the three accused persons for alleged commission of offence under Section 498A/304B of the Indian Penal Code. During trial, prosecution examined as many as 12 witnesses and thereafter vide impugned judgment the trial court acquitted the accused Brajananda Saha and Bhavarani Saha and convicted and sentenced the present accused appellant Gautam Saha under Section 498A as well as under Section 304B IPC. Hence the present appeal.2. This is a case of death of a young housewife Susmita Saha. She had a love affair with the present petitioner Gautam Saha and thereafter the couple eloped and got married at Bagribari Temple. While the couple was living together, the deceased committed suicide by hanging herself to a ceiling fan. There is oral evidence on record as regards the commission of suicide by Susmita Saha the deceased and we also find that at the time of commission of the suicide the present appellant was n...

Smt. Arati Deb and anr. Vs. Smt. Annapurna Chakraborty and ors.

Court: Guwahati

Amitava Roy, J.1. The order dated 19-7-2000 passed by the learned Sadar Munsif, Silchar, in MC 501/92 rejecting the application filed under Section 47 of the CPC read with Section 151 of the Code in Title Execution Case No. 12/77 is under challenge.2. I have heard Mr. B.K. Acharjee, learned Counsel for the petitioner and Mr. AC Sharma, learned Counsel for the Opposite parties.3. The facts in short leading to the filing of the instant petition are that one Smt. Bharati Devi instituted Title Suit No. 82/60 inter alia for ejectment of the petitioner's predecessor in interest late Ram Pyari Devi and the predecessor of the opposite party, Haripada Chakraborty and others. The suit was decreed and was affirmed finally by this Court in SA 198/95. The Suit land was described in Schedule 'Kha' which was a part of land set out in Schedule 'Ka' to the plaint. The decree was put into execution by one Subudh Choudhury contending that he had purchased the land and the decree by a registered sale dee...

State of Mizoram Vs. Zoduhliana

Court: Guwahati

B.P. Katakey, J.1. This reference under Rule 9 of the Rules for the Regulation of the Procedure of officers appointed to administer Justice in the Lushai Hills 1937 as well as the criminal appeal from jail are directed against the judgment of conviction dated 21-1-2003 passed by the learned Additional District Magistrate (Judicial) Aizawl district. Aizawl in case No. Crl. Tr. No. 2398/ 2000 convicting the accused/appellant in criminal appeal No. 1/03(J), under Section 376(2)(f) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 3000/- in default to undergo rigorous imprisonment for further 3 (three) months.2. The prosecution story in brief is that on 21-12-2000 at about 10.50 p.m. a first information report was submitted by PI Rochungnungi of Tlangnuam, Aizawl in Kulikawn police out post intimating that on that same night in between 8.30 to 9 p.m. her daughter who was 11 years old was raped by the accused/appe...

State of Assam and ors. Vs. PrabIn Ram Phukan and ors.

Court: Guwahati

Ranjan Gogoi, J.1. Both the cases being connected, were heard together and are being disposed of by this common judgment and order.2. To understand and appreciate the challenge made in the cases under consideration, a brief recital of the core facts will be required.The respondents in both the cases, Shri Prabin Ram Phukan and Shri Suren Ram Phukan were the joint owners and possessors of the land measuring 59Bs-lK-14Ls covered by different dags of K.P. Patta No. 284 (New) and 269 (Old) of village Betkuchi in Mouza Beltola in the district of Kamrup. There having occurred a default in the matter of payment of land revenue in respect of the aforesaid land, the same was put up for auction sale in the process of which the land was purchased by the Government of Assam at a token price of Re. 11. Thereafter, the settlement in the name of the patta holders was annuled. This happened in the year 1978. The patta holders taking the plea, that the aforesaid auction sale and annulment of the settl...

Assam Tea Brokers (P.) Ltd. and anr. Vs. State of Assam and ors.

Court: Guwahati

Amitava Roy, J.1. The basic challenge in the instant petition is against the assessment order dated 29.9.1999 passed by the Superintendent of Taxes, Unit - A, Guwahati, in exercise of powers under Section 37 of the Assam General Sales Tax Act, 1993, (hereinafter referred to as the 'Act'), for the period ending 1993-94 consequent whereupon an additional tax demand of Rs. 22,53,431.00 was made.2. I have heard Mr. G.K. Joshi, Senior Advocate assisted by Ms. U. Chakravorty, Advocate for the petitioner and Mr. D. Saikia, Advocate for the Revenue.3. The abbreviated facts as discernible from the writ petition are that the petitioner No. 1 is a private limited company engaged in the business of sale of tea in Gauhati Tea Auction Centre as a registered broker. It is also a registered dealer with the Superintendent of Taxes, Unit-A, Guwahati, under the Act. The petitioner No. 2 is the Director of the petitioner No. 1 - company. For the year 1993-94, the petitioner No. 1 submitted statement of ...

Uttam Rabidas Vs. Siddikur Rahaman and anr.

Court: Guwahati

I.A. Ansari, J.1. By the impugned award, dated 12.8.1997, passed in TS (MAC) No. 49/94, the learned Member, MACT, West Tripura, has awarded, in favour of the claimant-appellant, a sum of Rs. 93,600 with interest @ 12% per annum with effect from 16.12.1994, i.e., the date of filing of the claim application until the date of the award.2. The claimant's case, in brief, was that he was a cobbler having a monthly income of Rs. 2,000 ; but as a result of the rash and negligent driving of the Jeep bearing registration No. TR-01-1966, an accident took place, on 26.5.1993, near Bishramganj Petrol Pump, and he sustained several injuries on his person, which hospitalised him as an indoor patient from 26.5.1993 to 30.7.1993 and that even after his discharge from the hospital, he remained under treatment of doctors, he is permanently disabled, unable to walk and work as a cobbler and that he is unable to earn anything now.3. Taking the income of the claimant as Rs. 1,000 on account of the fact tha...

Lalbabu Tossa Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J.1. Heard Mr. G.N. Sahewalla, learned senior counsel for the appellant and also Mr. P. Bora, learned Public Prosecutor, Assam.2. This appeal under Section 374 Cr.P.C. is directed against the judgment and order dated 10.2.2005 passed in Sessions Case No. 21 (s-s)/2003 by the learned Addl. Sessions Judge (F.T.C.) No. (1) Sivsagar whereby the accused appellant was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000, in default, to further imprisonment for four years. Hence, the present appeal.3. The prosecution case in brief is that on 17.6.2002 at about 3.30 PM the accused appellant caused the death of Krishna Tossa at Chinatukura Line in Naharhabi Tea Estate. In this case the appellant has challenged the conviction and sentence solely on the ground that the trial court has no jurisdiction to try this case as the accused appellant was a juvenility and he was required to be tried by a Juvenile Court. The accused ap...

Anita Rani Saha and anr. Vs. Partha Roy Barman and ors.

Court: Guwahati

I.A. Ansari, J.1. This appeal is preferred under Section 173 of the Motor Vehicles Act, 1998 (hereinafter referred to as 'the MV Act') against the award, dated 25.6.1998, passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala.2. The material facts leading to the present appeal may be set out as follows :(i) The appellants, as legal representatives of deceased Manik Lal Saha, made an application, under Section 166 of the MV Act, seeking compensation Rs. 5,90,000 for the death of the said deceased, which arose out of a motor vehicular accident, the case of the claimants being, in brief, thus : On 4.3.1997, when Manik Lal Saha was proceeding as a pillion rider on a scooter bearing registration No. TR-01-1617, driven by one Dilip Chandra Dey (since deceased) and passing through damdamia, a truck, bearing No. TR-01-1617, came at a high speed from the opposite direction and knocked down both the riders of the scooter. Both Dilip Chandra Dey and Manik Lal Saha s...

Bhagirathi Mahapatra Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2006)(1)SLJ33CAT

1. The question that arises for consideration in this case is as to whether the applicant, an Officer Surveyor on his promotion as Superintending Surveyor is entitled to arrears of salary for the period during which, admittedly he had not worked but he has been given notional promotion from the deemed date i.e. the date from which his junior was promoted to the said post.2. The applicant was initially appointed as Surveyor (Gr. 'C') with effect from 1.7.1976; he was promoted as Office Surveyor with effect from 16.7.1987 through Limited Department Competitive Examination (LDCE for short), 1986, he was further promoted as Superintending Surveyor (Gr. 'A') on ad hoc basis with effect from 17.12.1999 and on regular basis as per order dated 26.7.2001 (Annexure-1 to the O.A.). The applicant was subsequently promoted as Deputy Director (Gr. 'A') as on 11.6.2002.3. In this application the applicant challenges the orders dated 28.11.2001 (Annexure-A) issued by the Director, North Eastern Circl...