Guwahati Court December 2006 Judgments
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In Re: State of Assam and anr.
Court: Guwahati
Decided on: Dec-14-2006
P.G. Agarwal, J.1. The facts in brief leading to the present revision may be noted:2. The respondent Sri Hari Chandra Hatimuria was arrested by Police in connection with Silapathar P. S. Case No. 133/2006 and produced the Chid Judicial Magistrate, Dheniaji on 26-9-2006. The allegation in the F. I. R. is that the accused who is a school teacher, called Ms. Sumpi Gogol, a teenaged illiterate girl to his house for cleaning rice and after the work was over, the accused threatened her and took her inside the house and, thereafter, forcibly committed rape on her. The accused threatened the teenaged girl with dire consequences if she discloses the incident to others. Subsequently, she informed about the incident to her parents whereupon the F. I. R. was lodged. The statement of the alleged victim was recorded under Section 161, Cr. P.C. and, thereafter, she was sent to the Court where her statement was recorded under Section 164, Cr. P.C.3. On his production before the Court, the accused fil...
Gouranga Roy and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Dec-13-2006
Mutum B.K. Singh, J.1. The judgment dated 01.03.2005 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Sessions Trial No. 42 (ST/B)/2004, thereby convicting the appellants under Section 366 read with Section 34 of the Indian Penal Code and sentencing them to undergo 5 years rigorous imprisonment with fine of Rs. 10,000/- and in default of payment, to suffer 1 year simple imprisonment, has been challenged in this appeal.2. I have heard Mr. A. C. Bhowmik, learned Counsel appearing for the appellants and Mr. A. Ghosh, learned P.P. In-charge.3. The prosecution story in brief, is that on 19.04.2004 the victim (PW No. 2) was kidnapped at about 10 a.m. from the vicinity of Rajnagar Power House by the accused-appellant Nos. 1 & 3 in a Maruti car while she was on the way to her school. She was, however, recovered in the night from Muhuripur Latua Tilla and the kidnappers were also arrested therefrom. P.W. No. 1 lodged a written report marked Exbt.-1 to the police on 20...
Anungla Imdong Phom and ors. Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Dec-12-2006
M.BK. Singh, J.1. Heard Mr. Imti Longjem, learned Counsel appearing on behalf of the petitioners, Mr. K.N. Balagopal, learned Advocate General, Nagaland appearing on behalf of the State of Nagaland, Mr. B.N. Sarma, learned senior advocate appearing on behalf of respondent No. 4 and Mr. R. Iralu, learned Counsel appearing on behalf of respondents 5 to 7.2. Petitioners were appointed as Lecturers on contract basis on different dates in 1999. Their appointments were extended by various extension orders.3. The Department of Higher and Technical Education, Government of Nagaland made a decision to regularize the services of contract Lecturers who had completed 5 years of service as on 31.12.2003 by conducting a screening test. The cut-off date was extended from 31.12.2002 to 31.3.2004. In the screening test held on 1.4.2004, the screening committee, of which the Director of Administrative Training Institute was the Chairman, recommended 84 candidates including the petitioners for regulariz...
Chandana Roy and anr. Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Dec-12-2006
Hrishikesh Roy, J.1. The petitioners have moved this Court seeking a direction for extending the benefit of employment contemplated under the die-in-harness scheme prevalent in the State of Tripura. The petitioners are also putting forward an alternate claim for alternate benefit as applicable, if such employment cannot be granted.The basis of the petitioners claim arose out of the death of Ranjit Kumar Roy on 26.5.1996, who was serving as Assistant Teacher in Ram Thakur Pathshala Primary school which is a privately managed Government aided school in the State of Tripura. Late Ranjit Kumar Roy was the husband of the petitioner No. 1 and is the father of petitioner No. 2 who have advanced the claim for compassionate appointment on the basis of the death of Ranjit Kumar Roy.2. The application presented for compassionate appointment by the petitioners was forwarded to the Director of School Education by communication dated 10.3.1997 (Annexure-3) by the school authority in which the decea...
Rajib Saikia Vs. Indian Tea and Provision Ltd. and anr.
Court: Guwahati
Decided on: Dec-12-2006
Ranjan Gogoi, J.1. This Miscellaneous application has been filed seeking a direction from the court under the provisions of Section 17B of the Industrial Disputes Act, 1947, for payment of the last drawn wages of the applicant-workman during the pendency of the writ petition registered and numbered as W.P.(C) No. 2012 of 2006 filed by the employer-management.2. I have heard Mr. B.N. Sarma, learned Counsel appearing for the applicant-workman and Mr. B. Sen, learned Senior Counsel appearing for the O.P./writ petitioner.The applicant-workman was, at the relevant point of time, working as an Accounts Clerk in the Shyamguri Tea Estate which is located in the district of Sonitpur of the State of Assam. He was transferred to Pearacherra Tea Estate located in the State of Tripura with effect from 21.1.2002. Both the Tea Estates were under the management and control of Indian Tea & Provisions Limited, i.e., the writ petitioner. Taking the stand that his transfer to the Tea Estate in Tripura wa...
Vinny Engineering Enterprises (P.) Ltd. and anr. Vs. Assam State Weavi ...
Court: Guwahati
Decided on: Dec-12-2006
B. Sudershan Reddy, C.J.1. The appellant filed Writ Petition (C) No. 5378/2002 invoking the extra ordinary jurisdiction of this court under Article 226 of the Constitution of India with a prayer to quash the order dated 4.6.2002 passed by the learned Chief Justice of the Gauhati High Court in Arbitration Petition No. 14/2002 appointing arbitrator to settle disputes between the appellant and the respondent. The said order was passed by the learned Chief Justice at the instance of the sole respondent Assam State Weaving and Manufacturing Company Limited.2. Learned Single Judge after an elaborate consideration of the matter found no merit in the writ petition filed by the appellant herein and accordingly dismissed the same. It is not necessary to notice the nature of the controversy between the parties leading to the order passed by the learned Chief Justice appointing arbitrator to resolve the dispute in view of the authoritative pronouncement of the Supreme Court in SBP & Company v. Pa...
R.K. Mekro Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Dec-12-2006
M.B.K. Singh, J.1. This is to dispose of WP(C) No. 83(K) 06 and WP(C) No. 145(K) 06, wherein common and related question of laws and facts are involved.2. Upon hearing Mr. C.T. Jamir, learned Counsel appearing on behalf of the petitioner and Mr. L.S. Jamir, learned Addl. Sr. Govt. Advocate as well as Mrs. Y. Longkumer, learned Government Advocate appearing on behalf of the Government respondents in respect of both the cases and on perusal of materials before the Court, the following facts are ascertained:(i) The petitioner was appointed as Executive Officer of the Nagaland State Cooperative Marketing and Consumer Federation Limited, hereinafter referred to as MARCOFED, vide order No. NLF/ESTT-1/87-88/2042-43 dated 15.04.89 and his service was regularized by the Board of Directors on 31.01.91 vide order No. NLF ADM-1/Pt-11/90-91.(ii) In pursuance of the decisions taken by the Board of Directors of MARCOFED in 81st and 82nd meetings held on 04.06.02 and 27.08.02 respectively and with co...
Dharma Saikia Vs. State of Assam
Court: Guwahati
Decided on: Dec-12-2006
P.G. Agarwal, J.1. This is an application filed by accused/convict Dharma Saikia under Section 482 Cr.PC, for review of the order, passed by this court on 8.9.1904, in Criminal Revision No. 31/99, whereby the conviction and sentence of the accused-appellant was upheld.2. The facts leading to the present petition may be noted.3. In Sessions Case No. 56(NL)/94, the petitioner-accused Dharma Saikia was tried by the Assistant Sessions Judge, Lakhimpur, for commission of offence under Section 376 IPC and thereafter, vide judgment dated 14.8.1997, the trial court held the accused guilty under Section 376 IPC and sentenced him to imprisonment for six months and pay a fine of Rs. 1,000 only and, in default, to suffer further imprisonment for one month. Feeling aggrieved, the petitioner preferred Criminal Revision No. 16(3)/97 before the Sessions Judge, Lakhimpur. Vide judgment dated 29.11.1997, the appellate court allowed the appeal and remanded the matter back for fresh examination of the ac...
Weldone Lyngdoh Vs. Eva Phawa
Court: Guwahati
Decided on: Dec-11-2006
T. Vaiphei, J.1. This revision petition under Rule 6 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954 is directed against the judgment dated 22.8.2003 passed by the learned Addl. Judge, District Council Court, Shillong in Criminal Revision No. 1 of 2003 whereby the appellant was directed to pay maintenance allowances of Rs. 1,000 per month to the respondent and a further sum of Rs. 750 per month for maintenance of the first adopted child.2. The facts relevant for disposal of this revision petition may be briefly noticed at the very outset. The respondent herein filed an application under Section 125, Cr.P.C. before the Court of Subordinate District Council Court, Shillong against the appellant claiming maintenance allowances for herself and their two adopted female children, which was registered as MCR Case No. 9 of 2001. The case of the respondent is that she is the legal wife of the appellant and their marriage was solemnized on 27.3.1981 and when no i...
Ram Gopal Deorah Vs. Esther Bathew (Smti.)
Court: Guwahati
Decided on: Dec-11-2006
A. Hazarika, J.1. Eviction suit being Title (Ejectment) Suit No. 48(T) 1989, based on landlord-tenant relationship, filed by the opposite party landlord, against the petitioner tenant herein, on the ground available under Section 5(1)(c)(e) of the Meghalaya Urban Areas Rent Control Act, 1972 (hereinafter referred to as Act 1972) was dismissed vide Judgment and decree dated 24.7.2002 by the learned Assistant to Deputy Commissioner, Shillong and set aside on appeal by the learned Additional Deputy Commissioner, Shillong vide its Judgment and decree dated 26.3.2003 passed in Regular First Appeal (TCA) No. 1 (T) 2002 and hence this revision petition under Section 115 of the Code of Civil Procedure (CPC in short) read with Section 151 of the CPC and Article 227 of the Constitution of India.2. The landlord filed the suit under Section 5(1)(c)(e) of the Act 1972 seeking a decree for eviction from the tenanted premises on the ground of bonafide requirement and for default in making the rent l...
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