Guwahati Court December 2006 Judgments
State/Cbi (Spe) Vs. Subrate Bhattacharjee and anr.
Court: Guwahati
Decided on: Dec-22-2006
I.A. Ansari, J.1. By the impugned judgment and order, dated 20.4.1999, passed in Spl. Case No. 18(C)/95, the two accused-respondents, namely, Subrata Bhattacharjee ('A1') and Milan Kumar Chakraborty ('A2') have been acquitted of the charges, framed against them, under Sections 120B, 420, 468, 465 and 471 IPC. By this impugned judgment and order, Al was also acquitted of the charge framed against him under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. Aggrieved by the acquittal of the two accused-respondents, the State has preferred the present appeal.2. I have heard Mr. D.K. Das, learned Standing counsel for the Central Bureau of Investigation ('the C.B.I.'). I have also heard Mr. J.M. Choudhury, learned senior counsel, appearing on behalf of the accused-respondent No. 1, and Mr. K. Agarwal, learned Counsel for the accused-respondent No. 2.3. The case of the prosecution, as unfolded at the trial, may, in brief, be described, thus : On 19,4-1991, Baba Ch...
Tag this Judgment!National Plywood Industries Ltd. and anr. Vs. Union of India (Uoi) and ...
Court: Guwahati
Decided on: Dec-22-2006
B.K. Sharma, J.1. The petitioner No. 1 is a Public Limited Company represented by the petitioner No. 2, its Managing Director. It deals with manufacture and sale of plywood, board etc. The petitioner Company has a plywood factory at Tinsukia (Assam). It is liable to Central Excise duties in respect of the products manufactured in the said factory. The petitioner is aggrieved by Annexure-L order dated 28.09.01 passed by the Commissioner of Central Excise, Shillong confirming the demand made in terms of the provision of Section 11(a)(2) of Central Excise Act, 1944 and in addition imposing the penalty of Rs. 2,50,000/- in terms of the provision of Rules 171Q(1) of the Central Excise Rule, 1944. The demand made was for Rs. 1,82,67,650.99 and the demand was made vide show cause notice issued about 21 years back. Thanks to ongoing litigation initiated at the instance of the writ petitioner, the matter has not attained its finality as yet.2. It was in 1984, to be precise, on 20.02.84 the off...
Tag this Judgment!Nandita Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-22-2006
B.K. Sharma, J.1. The matter relates to selection and appointment of lecturer of English in a degree college. The petitioner has challenged the selection of respondent No. 6. The facts as narrated in the writ petition are as follows:2. The petitioner is an MA in English, the degree which she obtained in 2001 from Tezpur University securing 56.2% marks. She had Major in English in her BA course, which she cleared obtaining 2nd Class. She had secured 2nd Division both in HSLC and HSSLC examinations. She is also a B.Ed. The petitioner belongs to Hira Community, which is recognized as SC.3. In response to the advertisement published in the newspaper on 18th and 20th August, 2001 for the post of lecturer in English in Dudhnoi college, she responded to the same by offering her candidature. The post was reserved for SC candidates as per 20 point roster. Altogether three candidates were there, whom the Selection Board, on 30.9.2001, interviewed. According to the petitioner she had secured fir...
Tag this Judgment!Rossel Industries Ltd. Vs. Bhawani Shankar Bagaria and anr.
Court: Guwahati
Decided on: Dec-22-2006
H.N. Sarma, J.1. Having suffered by a Decree dated 30.1.95 passed by the learned Additional District & Sessions Judge, Dibrugarh, in Title Suit No. 31/1977, the defendants have filed this first appeal.2. I have heard Mr. A.K. Bhattacharyya, learned senior Advocate for the appellant and Mr. B.K. Goswami, learned Senior Advocate for the respondents.3. The respondent No. 1 as plaintiff filed the aforesaid suit for specific performance of contract dated 25.5.80 that was entered into between the plaintiffs and the defendant No. 1 for sale of an area of land measuring approximately 421.49 acres situated in the district of Dibrugarh.4. The pleaded case of the plaintiff, inter alia, is that he having tea garden in the district of Dibrugarh, Assam and being desirous to purchase the suit land and the defendant having agreed to sell the same entered into an agreement with the defendant No. 1 on 25.5.80 to purchase the suit land, and defendant accepted a sum of Rs. 5000.00 as advance out of the t...
Tag this Judgment!Kanai Mallick Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-21-2006
Hrishikesh Roy, J.1. An interpretation of the provisions of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as 'the Act') with regard to the contour of the power of the Registrar under Section 7 of the Act would determine whether the petitioner is entitled to a death certificate of his father who died at Kolkata, from the Registrar in Tripura State, within whose jurisdiction, the deceased owned a house and was registered as a resident in the Panchayat ordinary resident register, during his life time.Under Section 7, the Registrar appointed by the State Government is required to enter in the register maintained for the purpose informations given to him under Section 8 or Section 9 regarding births and deaths. Additionally, the Registrar is also required to take steps to inform himself of every birth and every death taking place in his jurisdiction and to ensure registration of such particulars.2. The writ petition has been filed in the instant case on account o...
Tag this Judgment!Rajesh Kumar Agarwal Vs. Yan Tikhok and ors.
Court: Guwahati
Decided on: Dec-21-2006
D. Biswas, J.1. This appeal is directed against the Judgment and Decree dated 10.12.1999 passed by the Deputy Commissioner cum District Judge, Changlang, Arunachal Pradesh in Title Suit No. 14/1996 and Misc. Case (8) No. 170/1996.2. The appellant, as plaintiff, filed the aforesaid Title Suit praying for the following reliefs.(a) For a declaration that the stoppage of the Supply of petroleum products i.e. petrol, High Speed Diesel and other petroleum products to the M/s. Tikhok Auto Agency, Jairampur, by the defendant No. 3 on the basis of letter of the defendant No. 1 dated 14.8.96 is illegal and inoperative in law.(b) For Mandatory Injunction requiring the defendants to continue with the supply of the petroleum products to M/s. Tikhok Auto Agency. Jairampur as usual and also to maintain status-quo of the said firm M/s. Thikok Auto Agency as before 14.8.96 i.e. to continue to supply of the petroleum products to the said firm and also to restrain the defendants not to make any disturba...
Tag this Judgment!Usha Mandal and ors. (Smti) Vs. Gita Das (Smti) and ors.
Court: Guwahati
Decided on: Dec-21-2006
H.N. Sarma, J.1. By this application filed under Order 41, Rule 19, read with Section 151 of the CPC, the appellant/petitioner has prayed for read-mission of the appeal, which was dismissed for default on 12.5.2004, by recalling the order.2. Heard Ms. B. Choudhury, learned Counsel for the appellant/petitioner and Mr. P.K. Roy Choudhury, the learned Counsel for the respondent/opposite party.3. The second appeal filed by the petitioner was set down for hearing and when the matter was called upon none having appeared on behalf of the appellant, the appeal was dismissed for default 12.5.2004. This necessitated the appellant to file an application under Order 41, Rule 19 CPC for readmission of the appeal, which was registered as Misc. Case No. 1845/2006. In this application the petitioner has stated at paragraphs 5 and 6 that during the relevant time, since the engaged Senior counsel Mr. A.R. Banerjee, having been gone out of the station, due to illness of his mother, the case was in charg...
Tag this Judgment!HesamuddIn @ Iboyaima Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-20-2006
B.D. Agarwal, J.1. The writ petitioner's son Md. Tamijuddin @ Tammi @ Md. Tamijur Rahaman died in a police firing on 03.02.2000. The incident took place at a place known as Irong Thana Thongkhong. At the relevant time, the election for the Manipur State Assembly was in the process and the candidates and their supporters were on the street for campaign. On that day, at about 5.00 p.m., Md. Abdul Salam, the then sitting MLA, was on house to house campaign and his convoy had just reached the spot in front of the house of one Th. Ibotombi Singh, Pradhan of Maibam Village Gram Panchayat near Hamilton Bridge. At that point of time a group of supporters of the candidate belonging to Federal Party of Manipur (in brief 'MFP') also reached the same spot simultaneously. The deceased Tamijuddin @ Tammi was in the group of Manipur Federal Party and he was driving a jeep with other supporters. It may be mentioned here that the sitting MLA was provided with personal security by the Government. Appre...
Tag this Judgment!Peerless Shipping and Oil Field Services Ltd. and anr. Vs. State of As ...
Court: Guwahati
Decided on: Dec-19-2006
H.N. Sarma, J. 1. This batch of writ petitions having given rise to a common question of law for adjudication based on similar basic facts, is taken up together for disposal, analogously as requested by the learned Counsel for the parties.2. I have heard learned Counsel for the respective parties. The petitioners of all these writ petitions having been allotted with certain contractual works for providing service by the Oil India Ltd. [in W. P. (C) No. 178 of 1999] and ONGC (in rest of the cases), they are entitled to get necessary payments from their respective principals on account of the services so provided claiming which they raised respective bills and the principals were, viz., OIL and ONGC having sought to make necessary deduction of taxes at source, the petitioners approached this Court. Petitioners contend, inter alia, that the services rendered by them do not fall within the category of 'sale' under the relevant Act, viz., under the Assam General Sales Tax Act, 1993 [in W....
Tag this Judgment!Dilip Debnath Vs. State of Tripura
Court: Guwahati
Decided on: Dec-19-2006
Mutum B.K. Singh, J.1. Heard learned Counsel Mr. Section Bhattacharjee, learned Counsel for the appellant and also herd learned in-charge P.P. on behalf of the respondent.By judgment dated 18.3.2002 passed in Sessions Trial No. 81(ST/U)/2001 the learned Sessions Judge, South Tripura, Udaipur convicted the accused-appellant under Section 304 Part-II of the Indian Penal Code and sentenced him vide order dated 19.3.2002 to undergo 7 years rigorous imprisonment and to pay a fine of Rs. 5,000, in default of payment, to undergo rigorous imprisonment for another period of 6 months.2. Being aggrieved by and dissatisfied with the said order : of conviction and sentence the appellant challenged the impugned judgment as illegal and erroneous, in this appeal.3. The prosecution story, in short compass, is that one Shri Nirode Debbarma (P.W. 1) lodged an ejahar on 24.7.2000 to the Kakraban Police Out Post (South Tripura) that his brother namely, Hiramani Debbarma dia not return to home on 23.7.2000...
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