Guwahati Court March 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Amal Chandra Kalita and anr. Vs. State of Assam
Court: Guwahati
Decided on: Mar-17-2006
Ranjan Gogoi, J.1. This Criminal Appeal is directed against the judgment and order dated 21.1.1998 passed by the learned Special Judge, Kamrup, Guwahati in Special Case No. 5 of 1995 convicting the accused-appellants under Section 7(i)(a)(ii) of the Essential Commodities Act, 1955. The accused-appellants have been sentenced to undergo S.I. for 3 months and to pay a fine of Rs. 3,000 each, in default to suffer S.I. for a period of another one month more.2. The case of the prosecution, in short, is that on 9.3.1995, PW 1 Kalyan Borthakur, Inspector of Food and Civil Supplies, Guwahati, along with other officers and staff of the department, visited the premises of M/s. Aahar Restaurant located at G.S. Road, Ganeshguri. The accused-appellant No. 1 is the owner of the aforesaid restaurant whereas the accused-appellant No. 2 is the manager. In course of the said visit, P.W. 1 found domestic L.P.G. Cylinders being used in the premises of the restaurant. According to the prosecution, the accu...
Atul Saikia Vs. State of Assam
Court: Guwahati
Decided on: Mar-17-2006
Ranjan Gogoi, J.1. This appeal is directed against the judgment and order dated 18.2.1998 passed by the learned Sessions Judge, North Lakhimpur in Sessions Case No. 41(NL) 96 convicting the accused/appellant under Section 304 Part-I of the Indian Penal Code and sentencing him to undergo R.I. for seven years and to pay a fine of Rs. 500, in default, to undergo further R.I. for one month.2. The prosecution case, in short, is that one Biren Saikia (PW 1) had lodged a F.I.R. on 21.6.1995 at about 1.00 P.M. with the Dolohat Police Outpost under North Lakhimpur Police Station to the effect that at about 11 A.M. of the same day his elder brother, Tankeswar Saikia, was killed by another brother of the first informant, i.e., the accused by inflicting blows with a spade and an axe. On receipt of the F.I.R. police registered a case under Section 302, I.P.C. and took up investigation thereof. In the course of the investigation police visited the place of occurrence and recovered the' dead body of...
Sreenivas Basudev Vs. Vineet Kumar Kothari
Court: Guwahati
Decided on: Mar-17-2006
I.A. Ansari, J.1. Can service of summons on a defendant be regarded as complete if a copy of the plaint is not delivered to him along with the summons Is a plaintiff bound to submit to the court copies of documents If so, when is he so bound Does the court have the power to direct a plaintiff to furnish to a defendant copy of a document If so, when and under what circumstances such a direction can be given If a plaintiff does not furnish to a defendant copy of a document despite directions given, in this regard, to the plaintiff by the court, can, while computing the a period of 90 days for filing of written statement, as envisaged under Order VIII, Rule 1 of the Civil Procedure Code, the period during which the copy of the document remained unfurnished to the defendant be excluded If a plaintiff does not furnish to a defendant copy of a document despite directions given, in this regard, to the plaintiff by a . court, can the court insist that it is the duty of the defendant to file w...
Ambar Newar @ Rajen Newar and anr. Vs. State of Assam
Court: Guwahati
Decided on: Mar-16-2006
Ranjan Gogoi, J.1. This criminal appeal by two convicted accused-appellants is directed against the judgment and order dated 30.3.1998 passed by the learned Additional Sessions Judge, Sonitpur in Sessions Case No. 54(S) of 1997. The accused-appellants have been convicted under Sections 366/34 IPC and sentenced to undergo R.I. for 4 years each and to pay a fine of Rs. 1,000 each, in default, to suffer R.I. for a period of another 3 months more.2. The case of the prosecution, in short, is that on 21.11.1996, the alleged victim girl Sonia Surin (PW 2) went to her sister's house at Sukurmari Borowa Gaon. At night, she went to the house of her sister-in-law Bulbuli to sleep in the said house. At about 10 PM, she, accompanied by her sister-in-law Bulbuli went out to answer the call of nature when the two accused-appellants along with another Sukra Munda (since deceased) caught hold of her and took her away to Borbeel Village where she was lodged in the house of the aunt of the accused Sukra...
Dipak Saha Vs. Smt. Bakul Bala Saha and ors.
Court: Guwahati
Decided on: Mar-16-2006
A.H. Saikia, J.1. Heard Mr. D. R. Chowdhury, learned Counsel for the petitioner. Also heard Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. H. Sarkar and Mr. G. Debbarma, learned Counsel for the respondents.2. This is an application under Section 152 of the Code of Civil Procedure (for short'CPC) for amendment of the judgment and decree dated 19-1-1994 and 25-1-1994 respectively passed by the learned Assistant District Judge, Court No. 1, West Tripura, Agartala, presently designated as Civil Judge (Senior Division) Court No. 1, West Tripura, Agartala in Title Suit No. 154 of 1986, which were confirmed on appeal by the First Appellate Court in T.A. Nos. 37 of 1994 and T.A. 38 of 1994 vide common judgment dated 8-2-1995 and by this Court in Second Appeal in S.A. Nos. 10 of 1995 and S.A. 11 of 1995 by a common judgment passed on 20-3-2001.3. In order to consider the prayer as mentioned above, it would be relevant and necessary to outline a sketch of factual background relating t...
Lila Choudhury Vs. Commissioner of Income-tax and ors.
Court: Guwahati
Decided on: Mar-13-2006
Ranjan Gogoi, J.1. An order dated 1.11.1996 passed by the Commissioner of Income-tax, N.E. Region, Shilong (hereinafter reference to as the CIT) under Section 263 of the Income-tax Act has been put to challenge in the present writ application, By the aforesaid order, the Commissioner of Income-tax has set aside the assessment of the petitioner for the assessment year 1992-93 and has directed the Assessing Officer to complete the assessment as per law. The facts, in brief, may be noticed at the outset.2. The assessment of the petitioner to income-tax for the assessment year 1992-93 was completed by the Assessing Officer by an order dated 16.5.1994 passed under the provisions of Section 143(3) of the Income-tax Act, as it then existed, The Commissioner of Income-tax issued a notice dated 14/19.8.1996 stating that on perusal of the assessment records it has been revealed that the Assessing Officer had assessed the investment made by the petitioner in the house property at Rehabari, Guwah...
Siba Ram Barua Vs. State of Assam
Court: Guwahati
Decided on: Mar-10-2006
A. Hazarika, J.1. The accused Shri Suresh Barua was tried for an offence under Sections 457/376 of the Indian Penal Code (hereinafter referred to as IPC), for commission of lurking house trespass by night and rape of Smti. Prabhawati Baruah. The court of Assistant Sessions Judge, Nagaon in Sessions Case No. 25(N)S9 held that, the prosecution has proved the charges levelled against the accused and convicted him accordingly. The judgment and order of conviction was challenged before the Court of Sessions Judge, Nagaon, who, allowed the appeal vide judgment dated 19.6.2000 and remanded the case to the trial court to pass afresh an appropriate judgment as per law. While remanding the case, the learned Sessions Judge, has re-casted the following points for determination:(a) Whether there was any lurking house trespass by night in the house of the prosecutrix by the accused as alleged and if so, whether such lurking house trespass by night was with intent to commit any offence, which is pun...
Harihar Deka Vs. Gauhati High Court and ors.
Court: Guwahati
Decided on: Mar-10-2006
Amitava Roy, J.1. Being aggrieved by his superession in the matter of promotion to the post of Superintendent and Assistant Registrar, in the service of the Gauhati High Court (hereafter referred to as the High Court), the petitioner seeks to invoke the extraordinary jurisdiction of this Court for redress.2.1 have heard Mr. S.S. Dey, advocate for the petitioner and Mr. B.C. Das, senior advocate and standing counsel of the High Court for the Official Respondents. None appears for the other respondents.3. The factual prologue essential for better appreciation of the rival assertions is cullable from the pleadings. The petitioner's version is that he, a graduate in Arts from the Guwahati University, on being selected was appointed as Lower Division Assistant (hereafter referred . to as the LDA) in the establishment of the High Court and joined the post on 28.9.1972, the very date of the appointment order. The respondent No. 4 being similarly appointed, however, joined later on 3.10.1972....
Pradesh Rai Vs. State of Assam
Court: Guwahati
Decided on: Mar-09-2006
Ranjan Gogoi, J.1. Heard Mr. B.K. Ghosh, learned Sr. Counsel for the accused petitioner and Mr. B. Sinha, learned PP, Assam.2. This revision application is directed against the Judgment and Order dated 18.6.2001 passed by the learned Sessions Judge, Morigaon in Criminal Appeal No. 32/ 2000 affirming the Judgment and Order dated 20.9.2000 passed by the learned Chief Judicial Magistrate, Morigaon in GR Case No. 830/96. By the aforesaid Judgment and Order, the revision petitioner has been convicted under Section 498-A of IPC and has been sentenced to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1000.00, in default to undergo further rigorous imprisonment for 2 months.3. The case of the prosecution, in brief, is that on 29.12.1996 an FIR was lodged by PW 1 Shri Bhola Das, to the effect that his daughter, one Juni Das, was given in marriage to the accused petitioner in the year 1994. According to the first informant, while his daughter was living with the accused pet...
Atul Bora Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-09-2006
B.P. Katakey, J.1. This writ petition is directed against the orders dated 4.3.98, 17.3.98, 21.5.98 and 12.11.99 issued by the authorities of North Eastern Frontier Railway (in short N.F. Railway), giving notice for recession of contract, rescinding the contract, issuance of tender at the risk and cost of petitioner and recovery of the differences of the amount due to risk and cost sale.2. The facts in brief is that a notice inviting tender was issued by the authority of N.F. Railway in the name of President of India for the Earthwork filling to form embankment, construction of minor bridges and other ancillary works in Section XIII from field chainage 52000m to 61850m in Amjonga-Rangjuli-Dhupdhara of G-J Project. The petitioner submitted his bid and in pursuant to which the said work was allotted to the petitioner. A contract agreement dated 28.10.1990 was executed between the President of India acting through the Railway administration and the petitioner for due execution of the sai...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »