Guwahati Court May 2006 Judgments
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Ranjit Kumar Bordoloi and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-05-2006
A. Hazarika, J.1. The legality and validity of the judgment and order dated 12.2.2004 passed by the learned Single Judge, has been questioned by filing three sets of appeals, being writ appeal No. 53/2004, 54/2004 and 56/ 2004. Since the appeals arise out of a common judgment, these three appeals have been taken up together lor disposal.2. In order to determine the controversies made in these appeals, narration of a brief facts is necessary to arrive at a decision.3. Admittedly, the Government of Assam, Home Department through the Inspector General of Police, Assam, had issued an advertisement on 6.9.1997, inviting applications from eligible candidates to fill up the posts of Sub-Inspector of Police (Armed Branch and Unarmed Branch). In the advertisement, it was mentioned that total number of vacancies likely to occur are 112 posts.Accordingly, a written test was held on 26.4.1998 and the physical test was to be held on 27/28.4.1998. However, no physical test was held as scheduled, bu...
Biodeal Laboratories (P.) Ltd. and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-05-2006
P.G. Agarwal, J.1. This is an application under Section 482 Cr.P.C. for quashing of the complaint in CR Case No. 208/2002 pending before the Additional Chief Judicial Magistrate, Sonitpur, Tezpur.2. We have heard Mr. D.K. Mishra, learned senior advocate assisted by Mr. D. Barua, learned Counsel appearing for the petitioner and the learned Public Prosecutor.3. The petitioner Biodeal Laboratories (P.) Ltd., is the manufacturer of drug Nivaquine-P flavoured suspension. The sample of the said drug was collected by the Inspector of Drugs from the market for analysis and it was sent to the Government Analyst who vide his report dated 1.12.2001 opined that the sample does not comply IP (Indian Pharmacopoeia) with respect to the test for assay. Thereafter the concerned Inspector of Drugs after obtaining necessary sanction submitted offence report against the manufacturer for violation of the provisions of Section 18(a)(i) of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder. ...
Sultana Safiana TohsIn and ors. Vs. Manoj Jajodia and ors.
Court: Guwahati
Decided on: May-04-2006
H.N. Sharma, J.1. The revisional jurisdiction under Section 115, CPC, is sought to be invoked in this petition challenging the impugned Order dated 6.6.2005 passed by the learned Civil Judge (Senior Division) No. 2, Guwahati, in TS No. 175/99, by the defendant-petitioners. By the aforesaid Order the prayer for framing of preliminary issue relating to maintainability of the suit filed on 28.1.2005 by the defendant-petitioners has been rejected by the learned trial court.2. I have heard Mr. S. Ali, learned Counsel for the defendant-petitioners and Mr. R.L. Yadav, learned Counsel for the plaintiff-respondents.3. The brief panorama of facts leading to disposal of this revision petition may be stated as follows.4. The plaintiff-respondents filed the aforesaid Title Suit for specific performance of the contract of sale of properties described in the Schedule of the plaint with the following prayer.(a) that a decree for specific performance of contract, directing the defendants to execute an...
Sitaram Kurmi and ors. Vs. State of Assam
Court: Guwahati
Decided on: May-03-2006
P.G. Agarwal, J.1. In this case Dr. S. Rahman was appointed as amicus curiae but as prayed for one Mr. R. Surana was appointed as amicus curiae and we have heard Mr. Surana at length and we have also heard Mr. Das, learned RP Assam.2. In Sessions case No. 8/95, 3 accused appellant were tried and convicted under Section 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 500 and in default further imprisonment for one month.3. The prosecution allegation in short is that on 19.7.91 at about 8 A.M. while the informant Rambriz Rikiason along with his father Gopal Rikiason and uncle Narayan Rikiason were working in their field, the accused appellants armed with Lathis, Dao etc came there and assaulted all of them and Sri Gopal Rikiason was taken to the Hospital for injuries.4. The Autopsy was conducted by Dr. K.K. Chakravorty P.W.4 which is as follows:One lacerated injury situated at the parietal area of his scalp 4 cm x 2 cm x scalp deep.Haematoma under the scalp on...
Manjula Das Vs. Bibekananda Das
Court: Guwahati
Decided on: May-03-2006
I.A. Ansari, J.1. The petitioner instituted, as 1st Party, a proceeding, under Section 125 Cr.P.C., seeking monthly allowance from the opposite party herein, for maintenance of her ownself as the wife of opposite party herein and also for her minor child on the ground that the said child was borne to her out of her wedlock with the opposite party. This proceeding gave rise to Misc. Case No. 11/2004. The proceeding was contested by the opposite party herein, as second party, by filing his written statement. In support of their respective cases, both the parties adduced evidence by examining three witnesses each, whereupon the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur, passed an order, on 30.9.2005, directing the opposite party herein to pay Rs. 1,000 per month as maintenance allowance to the 1st Party and Rs. 500 per month as maintenance to the minor child aforementioned with further direction that the order for maintenance, so given, shall come into force with eff...
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