Guwahati Court May 2006 Judgments

Pagal Sardar and ors. Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J.1. Heard Mr. B.M. Choudhury, learned Counsel for the appellants and the learned PP.In Sessions Case No. 6(S)/93, the ten accused appellants before us were convicted under Sections 148 and 304, Part-I, IPC and sentenced to h imprisonment for one year and to pay a fine of Rs. 1,000 each, in default, further R.I. for three months for the offence under Section 148 and imprisonment for seven years and to pay a fine of Rs. 2,000 each, in default, imprisonment for three months under Section 304(1) IPC. Both the sentences were directed to run concurrently.On 5.4.1990 a police party consisting of constable Mahesh Saharia (PW-9), constable Biren Das (since deceased) led by S.I. Badan Chandra Dutta went to Goroimari Pathar in connection with investigation of a Dhekiajuli P.S. Case No. 40/90. The police party found that two groups of people armed with weapons were quarrelling whereupon the S.I. Badan Ch. Dutta asked the parties to restrain themselves. One of this group was led by ...

Kamal Kumar Mahanta Vs. State of Assam and ors.

Court: Guwahati

I.A. Ansari, J.1. The present writ petition reflects a very sad state of affairs in the realm of public appointments made by the State Government inasmuch as the State Government has denied appointment to selected persons in order to accommodate and, in fact, retain, in service, those, who were appointed under Regulation 3(f) of the Assam Public Service Commission (Limitation and Functions) Regulations, 1951, (in short, 'the Regulations').2. The material facts, which are not in dispute, leading to the present writ petition, may, in brief, be stated as follows:(i) An advertisement was published, in the year 1996, by the Assam Public Service Commission (in short, 'the Commission'), inviting applications for appointment to 13 posts of lecturer in Art Education in the District Institute of Education and Training, popularly known as 'DIET'. In terms of the advertisement, so published, out of the 13 posts, 5 of posts were to be filled up from amongst the reserved categories' candidates and...

Dwarrika Bhuyan Vs. State of Assam

Court: Guwahati

I.A. Ansari, J.1. By the judgment and order, dated 26.8.1999, passed, in Sessions Case No. 74(K)/1994, the learned Additional Sessions Judge, Kamrup, Guwahati, has convicted the accused-appellant under Section 376 IPC and sentenced him to undergo rigorous imprisonment for 3 (three) years and 3 (three) months with a fine of Rs. 1,000.00 (one thousand) and, In default of payment of fine, suffer rigorous imprisonment for a further period of 6 (six) months.2. The case of the prosecution, as unfolded at the trial, may, in brief, be described, thus : The accused was the owner of a brickfield. The alleged victim (who is hereinafter referred to 'X') used to work as a labourer at the said brickfield. On the day of the occurrence i.e., on 26.12.1992, the alleged victim, 'X' accompanied by PW 5, went, on finishing their work, to the office of the accused and while they were washing their hands and feet at the tube-well, in the courtyard, located at the back side of the said office, the accused ...

Sri Jay Kumar Bardia Vs. State of Assam and ors.

Court: Guwahati

B.K. Sharma, J.1. The petitioner is aggrieved by the assessment order of the taxing authority under the Assam General Sales Tax Act, 1993 (AGST) and the revisional order thereto. He is also aggrieved by the order of compulsory registration as 'dealer' under Section 12 of the Act.2. The petitioner is engaged in the business of setting up pandal/shamiana including setting of furniture and fixtures, lights, floor covering and similar articles in the name and style of M/s. Chakkeswari Bhandar. The petitioner is the sole-proprietor of the business establishment. According to the petitioner since the business in which he is engaged is in the nature of services for reward and not by way of sale and supply of materials, he is not required to be registered under the provisions of the Act and consequently, is also not liable to any tax.3. The respondent No. 4, i.e., the Senior Superintendent of Taxes, Silchar, Assam, issued the notice dated November 6, 1995 directing the petitioner to produce t...

Pranab Kumar Das Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Guwahati

Reported in: (2006)(3)SLJ124CAT

1. The applicant has been working as Section Engineer and posted at Bongaigaon who was allotted Type-III quarter being quarter No. R/99-A, which has been occupied by his wife who is also working as Female Dresser under the respondent No. 6. The wife of the applicant has instituted a Title Suit (M) No. 20/2000 before the learned District Judge, Bongaigaon and a decree was obtained on 24.9.2000 in her favour for judicial separation on condition that the applicant would pay to his wife Rs. 2000 per month in the joined account that would be opened in the United Bank of India and would pay Rs. 2500 on the day of leaving the house occupied by the wife. It was also stipulated therein "The quarter occupied by the petitioner shall vacate within 6 months from 24.9.2000" (Annexure-1). According to the averments made in the application, he was paying the amount of Rs. 2000 per month to the wife and he has started to live separately in a rented house. The application of his wife before the learned...

Co-ordination Committee of Bus Owners of Dibrugarh and Tinsukia Distri ...

Court: Guwahati

I.A. Ansari, J.1. When put in a narrow compass, the case of the writ petitioner emerges, thus : The writ petitioner is a Co-ordination Committee formed by the owners of buses of Dibrugarh and Tinsukia. The members of the said Committee ply their buses as permit holders of stage carriage. The said Co-ordination Committee (hereinafter referred to as 'the petitioner-Committee') has authorized the convenor of the said Committee to take up the cause of the bus owners before various authorities. The buses of the members of the petitioner-Committee ply not only within the districts of Dibrugarh and Tinsukia, but also cover the districts of Jorhat and Golaghat. While plying their buses, the members of the petitioner-Is Committee are required to take their buses, through the State highways, to places like Namrup, Jaypur, Naharkatia and Duliajan and they are also required to stop their vehicles en-route, at different places, to enable the passengers to alight from their vehicles and to pick up ...

State of Manipur Vs. Keisham Mani Singh and ors.

Court: Guwahati

T.N.K. Singh, J.1. This appeal is directed against the judgment and order of acquittal passed by the learned Sessions Judge, Manipur West dated 02.06.1998 in his Session's Trial No. 22 of 1992.2. Heard Mr. A. Jagatchandra Singh, learned Sr. P.P. for the appellant-State and Mr. I. Lalitkumar Singh, learned Sr. Counsel assisted by Mr. S. Niranjan Singh, learned Counsel appearing on behalf of the respondents.3. The respondents/accused, namely Shri K. Mani Singh, Shri K. Ibochabi Singh and Shri K. Opendro Singh, were charged Under Section 459/34 l.P.C. and Under Section 460/34 I.P.C. The trial Court by the impugned judgnient and order dated 02.06.1998 had acquitted the respondents-accused from the charges and they were set at liberty.4. Prosecution story as revealed from the record are that Shri Nameirakpam Iboton Singh, S/o N (late) Gulamjat Singh (PW-3) lodged and ejahar/F.I.R. before the O.C., Bishnupur Police Station alleging that on 08.11.1987 at about 11.30 P.M. he and his son, Shri...

Bus Parichalana Samity Vs. State of Assam and ors.

Court: Guwahati

I.A. Ansari, J.1. Both these writ petitions involve substantially the same parties, almost identical facts and these two writ petitions have been heard, on the request of the learned Counsel for the parties, together and are, therefore, disposed of by this common judgment and order.Case of the petitioners in WP(C) Nos. 1653/2003 and 4889/20042. The petitioner, namely, Bus Parichalana Samiti is an association of the bus owners of the various districts in Assam, including the district of Barpeta. The petitioner is a registered society under the Societies Registration Act. The members of the petitioner-Association ply their buses throughout the district of Barpeta and beyond and while so plying their buses, the members of the petitioner-Association are required to take their vehicles through the area of Barpeta Road Municipal Board. The members of the petitioner-Association have been plying their buses since the days of independence and much before Barpeta Town Committee was established...

Abdul Hai and ors. Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J.1. This appeal is directed against the judgment and order, dated 8.6.2004 passed by the learned ad hoc Additional Sessions Judge, Darrang, Magaldoi in Sessions Case No. 82(DMFT)/2002, whereby the accused appellants have been convicted and sentenced.2. We have heard Mr. P Kataki, learned Counsel for the appellants and Mr. P.C. Gayan, learned Public Prosecutor, Assam.3. On 23.10.2000 Md. Joynal Abedin lodged a written FIR Ext. 2 stating, inter alia, that on the previous night around 12 midnight some miscreants entered into the house of co-villager Abdul Mazid and after brutally killing him took away the dead body. Although the villagers gave a chase they could not trace the dead body. The two widows of the deceased have informed the villagers that they could recognize the miscreants.4. Pursuant to the charge sheet filed by the police, the five accused appellants were tried by the ad hoc Additional Sessions Judge, Darrang, Mangaldoi and during trial as many as nine witne...

Aparajita Nath Vs. State of Assam

Court: Guwahati

P.G. Agarwal, J.1. Heard Mr. J.M. Choudhury, learned senior counsel for the petitioner and Mr. D. Das, learned Public Prosecutor.2. This revision is directed against the order dated 31.3.2005 passed by the Sessions Judge, Kamrup, Guwahati in Sessions case No. 132(K)/ 2004 whereby charge under Section 419 IPC has been framed against the petitioner Aparajita Nath.3. The prosecution allegation, in brief, is that on 11.1.99 the petitioner along with one Sidhartha Rai went to Sacred Home Nursing Home for the purpose of abortion and at that time she identified herself as Anita Rai although she knew that she is not Anita Rai but she is Aparajita Nath.4. At this stage, Mr. Choudhury in his usual fairness has not challenged the materials on record in that respect. But it is submitted that even if the above fact is taken as true it does not construe an offence of cheating as defined under Section 416 IPC. Section 416 IPC reads as follows:416. Cheating by personation. - A person is said to 'chea...