Guwahati Court July 2006 Judgments
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Ardul Rob @ Abdul Rouf Vs. State of Assam
Court: Guwahati
Decided on: Jul-20-2006
I.A. Ansari, J.1. By the impugned judgment and order, dated 15.11.2003, passed, in Sessions Case No. 95 of 2002, the learned Sessions Judge, Morigaon, has convicted the accused-appellant under Section 376(g) IPC and sentenced him to undergo rigorous imprisonment for five years and pay fine of Rs, 2,000 and, in default of payment of fine, suffer rigorqus imprisonment for a further period of two months.2. Because of the peculiarity of the circumstances, whereunder the present appeal has come to be preferred by the accused-appellant, necessary it is that the events, leading to the present appeal, be set out chronologically. The material facts and various stages, which have led to the passing of the impugned judgment, may, therefore, be noted as follows:(i) A written Ejahar was filed at Jagiroad Police Station, on 22.10.1999, by the complainant (since deceased and is, hereinafter, referred to as 'S') alleging, inter alia, that on the previous night i.e., on 21.10.99, accused Jamaluddin, A...
Amulya Mohan Das Vs. Ananta Kumar Patowari
Court: Guwahati
Decided on: Jul-20-2006
H.N. Sarma, J.1. This Second Appeal arises out of the Judgment and decree dated 16.6.2000 passed by the learned Civil Judge (Senior Division) No. 3, Kamrup, in Title Appeal No. 41/98 reversing the judgment and decree dated 9.9.1998 passed by the learned Civil Judge (Junior Division) No. 4, Guwahati, in TS No. 77/89.2. I have heard Mr. C.K. Sharma Baruah, learned senior counsellor the defendant/appellant, Mr. D.C. Mahanta, learned senior counsel appeared for the plaintiff/respondent.3. An area of land measuring 2 L covered by Dag No. 60 (Old) and 1394 (New), KP Patta No. 198 (Old) and 194 (New) of village Japorigog, Mouza Beltola is the subject-matter of dispute, in this appeal.4. The relevant pleaded case of the plaintiff/appellant is that vide Sale Deed No. 8122/75 dated 1.8.1975, the plaintiff purchased an area of land measuring 2 L (.26 Center) covered by Dag No. 1394, KP Patta No. 194 of Village Japorigog, Mouza Beltola bounded by North - Dr. H.P. Sarma, South - Shri Basanta Patow...
State of Arunachal Pradesh Vs. Subhash Projects and Marketing Ltd. and ...
Court: Guwahati
Decided on: Jul-19-2006
Amitava Roy, J.1. Being aggrieved by the verdict of the learned Single Judge sustaining the challenge of the respondent No. 1 to the maintainability of the proceedings in the court of the Deputy Commissioner, Papumpare District, Arunachal Pradesh, registered on applications lodged by the State appellant under Section 14(1)(a) of the Arbitration and Conciliation Act, 1996 (hereafter referred to as the Act) as well as restraint orders passed therein interdicting the related arbitral proceedings, the State is in appeal. Though by the common judgment and order assailed seven writ petitions corresponding to equal number of proceedings before the learned Court below had been disposed of on the same determination appeals only in WP(C) 609/04 (WA 264/04) and WP(C) 9953/03 (WA 265/04) have been preferred.2. We have heard Mr. C.K. Sharma Baruah, Advocate General, Arunachal Pradesh assisted by Mr. S. Shyam, Advocate for the appellant and Mr. P.C. Markanda and Mr. G.N. Sahewalla, Senior Advocates...
Srikand Prasad Vs. Union of India (Uoi)
Court: Guwahati
Decided on: Jul-19-2006
P.G. Agarwal, J.1. The matter has been referred to this Bench, as per the order of hon'ble the Chief Justice, to consider the question as to whether in the matter of conviction under Section 10 of the Central Reserve Police Force Act, 1949 ('the Act'), an appeal lies against the order of conviction passed under the above section of law.2. Facts (in Crl. Revn. No. 472/03) leading to the present reference, may be noted in brief.The petitioner Shri A.K. Mishra was tried before Shri C.J.S. Behra, Commandant, 114 Bn. Central Reserve Police Force, Rani, Kamrup, who has also been empowered and conferred the powers of Judicial Magistrate 1st Class under the Act, for commission of the offence under Section 10(n)(p) of the Act in Case No. 04/01 and the petitioner was convicted under the above section of law sentencing him to imprisonment for six months, vide order dated 19.2.2001. The said order was challenged by the petitioner in Criminal Appeal No. 36/01 and, vide impugned order dated 5.5.20...
State of Arunachal Pradesh and ors. Vs. Nefa Udyog and ors.
Court: Guwahati
Decided on: Jul-19-2006
I.A. Ansari, J.1. By this Common judgment and order, the four review petitions are being disposed of, for, all the four review petitions involve identical facts and common questions of law for determination. However, for the purpose of clarity and with the object of avoiding independent discussion of the facts of each of the writ petitions, which have given rise to the present set of review petitions, the review petition No. 116/2003, which has arisen out of the judgment and order, dated 27.01.2003, passed in WP(C) No. 458 (AP)/2001, is taken up for discussion and decision.2. The foundation of the judgment and order, dated 27.01.2003, passed in WP(C) No. 458 (AP)/2001, lies in an application made under Article 226 of the Constitution of India by the opposite party to the present review petition seeking issuance of writ(s) commanding the present applicants (as respondents in the writ petition) to release the outstanding bills of a sum of Rs. 5,67,121/- due to the opposite party No. 1 h...
Nibaran Borah Vs. State of Assam
Court: Guwahati
Decided on: Jul-19-2006
I.A. Ansari, J.1. By the impugned judgment and order, dated 5.3.2002, passed, in Criminal Appeal No. 63/2001, the learned Sessions Judge, Kamrup, Guwahati, has dismissed the appeal of the present accused-petitioner and upheld thereby the judgment and order, dated 18.10.2001, passed, in G.R. Case No. 5781/1998, by the learned Speclal Judicial Magistrate, Guwahati, convicting the present accused-petitioner under Sections 392, IPC and sentencing him to undergo rigorous imprisonment for 2 (two) years and pay a fine of Rs. 300/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of 15 days.2. The case against the accused-petitioner, as surfaced at the trial, may, in brief, be stated as follows:On 13.12.1998, Badri Bahadur Biswakarma (hereinafter referred to as 'the informant') along with his minor son, Suraj Bahadur Biswakarma, came from Shillong to Guwahati on their way to Siligri and Oil that day, i.e. 13.12.1998, at about 5.45 p.m. while the informant ...
Nandlal Karnani Vs. Harendra Kumar Bordoloi
Court: Guwahati
Decided on: Jul-18-2006
D. Biswas, J.1. This revision is directed against the Judgment and Decree dated 30.9.2003 passed by the learned Civil Judge (Senior Division), Sibsagar in Title Appeal No. 8 of 2001 reversing the Judgment and Decree dated 11.4.2001 passed by the learned Civil Judge (Junior Division), Sibsagar in Title Suit No. 76 of 1986.2. The respondent as plaintiff instituted Title Suit No.76 of 1986 against the predecessor-in-interest of the petitioners for recovery of possession of the suit premises by evicting the petitioner-tenants. The lease was for a period of eleven months expiring on 30th September, 1986. The monthly rent was fixed at Rs. 600. After expiry of the aforesaid period, in spite of repeated demand, the revision petitioners did not vacate the suit premises. Consequent thereupon, the ejectment suit was filed on the ground that the suit premises is bona fide required by the plaintiff for construction.3. The revision petitioners in their written statement denied the title of the res...
Nikunja Das Vs. Smt. Ranju Pathak
Court: Guwahati
Decided on: Jul-18-2006
P.G. Agarwal, J 1. The appellant/petitioner before us, Shri Nikunja Das instituted Divorce suit being DTS No. 3/96 before the District Judge, Barpeta seeking a decree for divorce on the grounds of cruelty and desertion as provided under Section 13(1) of the Hindu Marriage Act, 1955 (for short the Act). The suit was contested by the respondent wife and thereafter vide impugned judgment dated 19-3-99 the learned District Judge dismissed the suit and hence the present appeal under Section 28 of the Act.2. The case of the appellant, in brief, is that he was married to the opposite party Ranju Pathak on 16-10-90 as per Hindu rites and thereafter they lived together as husband and wife. It was a joint family and it is alleged that soon after the marriage the opposite party showed her reluctance to reside in a joint family and insisted upon the husband to live separately. The appellant was not willing to do so as a result on which the wife started torturing the appellant mentally to put pres...
Sanjiv Family Trust Vs. Cit
Court: Guwahati
Decided on: Jul-13-2006
R.S. GARG, J.:At the very beginning of the hearing, Mr. S.N. Soparkar, learned senior advocate submitted that the matters relate to first level trust and second level trust, IT Ref. No. 149 of 1995-Sanjiv Family Trust is the first level trust while IT Ref. 'Nos. 157/1995, 160/1995, 161/1995, 162/1995 and 163/1995 are references at the instance of the second level trusts who are claiming certain benefit under the first level trust. His further submission is that yet another first level trust, namely, Hemesh Family Trust (IT Ref. No. 148of 1995) is not before this Court, so also Chanchalba Family Trust (IT Ref. 164 of 1995), which is second level trust is also not on the Board and as these two matters are raising common question, matters may be called and be disposed of along with the listed matters. Mr. M.R. Bhatt, learned counsel for the revenue has no objection. We have accordingly called IT Ref. Nos. 148 of 1995 and 164 of 1995.2. Mr. Soparkar, learned senior advocate for the petiti...
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