Guwahati Court September 2006 Judgments
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Marthon J. Sangma Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Sep-26-2006
B.P. Katakey, J.1. The Community and Rural Development Department, Government of Meghalaya issued an advertisement dated 31st July, 2001 inviting applications from the interested persons serving in the State Government of Meghalaya in developmental line departments such as Agriculture, Animal Husbandry and Veterinary, Education, Social Welfare, Soil Conservation, Forest and the like, for preparation of a panel towards filling up of various posts including the post of Block Development Officer (in short BDO) in the Block Offices of Community and Rural Development, by temporary transfer, in their own grade/scale of pay, initially for a period of one year, to be extended by the terms of one year, depending upon their performance and records. Pursuant to such advertisement, the appellant, who at the relevant point of time was serving as Extension Officer in Agricultural Department under Government of Meghalaya, filed an application for the post of Block Development Officer. A selection wa...
Haider Islam Vs. State of Assam
Court: Guwahati
Decided on: Sep-26-2006
I.A. Ansari, J.1. By judgment and order, dated 21.6.2002 passed, in GR Case No. 2008/1999, by the Judicial Magistrate, 1st Class, Nagaon, the accused-petitioner stood convicted under Sections 279 and 338 of the Indian Penal Code and sentenced to undergo, for his conviction under Section 279 IPC, rigorous imprisonment for one month and pay fine of Rs. 500/- and in default of payment of fine, suffer rigorous imprisonment for 15 days and also to suffer, for his conviction under Section 338 IPC, rigorous imprisonment for two months and pay fine of Rs. 500/- and in default of payment of fine, suffer rigorous imprisonment for a further period of 15 days, the sentences having been directed to run consecutively. Aggrieved by his conviction and the sentence passed against him, the accused-petitioner preferred an appeal, which gave rise to Criminal Appeal No. 31 (N)/2002. By judgment and order dated 15.11.2002, the learned Additional Sessions Judge, Nagaon, has dismissed the appeal. Dissatisfie...
District Administration Vs. Commissioner of Inquiry and ors.
Court: Guwahati
Decided on: Sep-26-2006
B.P. Katakey, J. 1. The Government of Meghalaya in exercise of the power conferred by Section 3 of the Commission of Inquiry Act, 1952 (Act No. 60 of 1952) (hereinafter referred to as 'the Act'), upon forming an opinion about the necessity to appoint a Commission of Inquiry for the purpose of making an inquiry into a definite matter of public importance, namely, relating to the incident of police firing occurred on 30th September, 2005 at Tura in West Garo Hills District resulting in the death of four persons besides injury to a number of civilian and police personnel, vide notification dated 3rd January, 2006 appointed Justice D.N. Chowdhury, retired Judge of Gauhati High Court to inquire into the said incident of police firing, as one man Commission, with the terms of reference contained therein. The said notification reads as follows:No. POL. 207/2005/28 - Whereas the Government of Meghalaya is of the opinion that it is necessary to appoint a Commission of Inquiry for the purpose o...
Kendriya Vidyalaya Sangathan Vs. Poonam Tiwari
Court: Guwahati
Decided on: Sep-26-2006
B.P. Katakey, J.1. This petition is directed against the order dated 2.8.2001 passed by the learned Central Administrative Tribunal, Guwahati Bench, in Original Application No. 332 of 1999 allowing the same by setting aside the order of termination dated 15.12.1887 issued by the Kendriya Vidyalaya Sangathan (in short the K.V.S.) and directing the authority to re-instate the original applicant forthwith and to pay 50% of her back wages and further directing that she will be entitled to all service benefit including service seniority etc. By the said order it has been further directed to consider the leave application of the applicant as per law, for the period she was unable to attend her duty on account of Pulmonary Tuberculosis, in conformity with the CCS (Leave) Rules, 1972.2. The facts in brief is that on the basis of the selection made against the temporary post of primary teacher in the K.V.S, the original applicant (respondent in the present writ petition) was appointed in the s...
Manik Lodh Vs. State of Assam and anr.
Court: Guwahati
Decided on: Sep-25-2006
I.A. Ansari, J.1. What is statutory or legal presumption? How does the statutory presumption differ from natural presumption or presumption of fact? How statutory or legal presumption can be discharged by an accused? What is the standard of proof required, in a criminal trial, to discharge a legal or statutory presumption? Can statutory or legal presumption be taken to have been discharged by an accused probalises his defence by giving reasonable explanation as regards the evidence appearing against him? Whether prosecution of a drawer of a cheque, for dishonour of the cheque on the ground of insufficiency of funds in the account of the drawer, is permissible if, between the date of the issue of the cheque and the date of presentation thereof to the bank for payment, a part of the amount, for which the cheque has been drawn, is paid to, and received by, the drawee? These are some of the prominent questions, which the present revision has thrown up for determination.2. This revision is...
Pyarelal Mittal Vs. Assistant Commissioner of Income-tax
Court: Guwahati
Decided on: Sep-25-2006
D. Biswas, J.1. This appeal under Section 260A of the Income-tax Act, 1961 has been preferred challenging the order date 31.5.2002 passed by the Income-tax Appellate Tribunal, Guwahati Bench in I.T.A. No. 49(Gau) of 1998 relevant for the assessment year 1993-1994.2. The appeal was admitted on 10.1.2003 for hearing on the following questions of law:(a) Whether on the facts and in the circumstances of the case, the Tribunal was justified in upholding the addition of Rs. 20,51,718 to the profits of the appellant on the only premises that the percentage of brokerage was reasonably estimated by the Assessing Officer on the basis of the prevailing practice in the recognized stock exchange, without giving a specific finding that the accounts of the appellant were not correct and complete and/or that the income cannot be properly deduced from the accounting method employed by the appellant?(b) Whether on the facts and circumstances of the case the Tribunal was justified in upholding the dete...
Sofia Khonom Vs. Vijaya Bank
Court: Guwahati
Decided on: Sep-22-2006
Z. Angami, J.1. This appeal under Rule 29 of the Rules for Administration of Justice and Police in Nagaland is directed against the judgment and order dated 27.10.05 passed by the Court of ADC(J), Dimapur in Money Suit Case No. 51/95. The appellant before this Court is the plaintiff before the lower Court and the respondent is the defendant. By the above said order dated 27.10.05, the lower Court had directed the plaintiff/appellant to appear for cross-examination.2. Stating that the plaintiff was already examined in chief and was also cross-examined by the defendant, it is contended by the appellant that the Court below had misconstrued the order and direction dated 04.02.05 passed by this Court in F.A. No. 8(K) 02 and had erred in law by recalling the plaintiff for cross-examination. Various grounds have been taken in the appeal for assailing the correctness of the order. Although by an interim order dated 18.11.05 it was ordered that the impugned order dated 27.10.05 passed in M.S....
Chittaranjan Baruah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Sep-21-2006
I.A. Ansari, J.1. The petitioner carries on business of Petrol and Petroleum products under the name and style of M/s. Baruah Service Station, Ambari Guwahati, as its sole proprietor, having dealership of M/s. Indian Oil Corporation Ltd. (Marketing Division) in respect of its depot at Ambari. On 7.6.1997, Sri Troilukya Nath Hazarika, an Inspector of Food and Civil Supplier accompanied by one Inspector and two Sub-Inspectors of the said Department, visited the said Petrol depot and seized 15,155 litres of Motor Spirit (MS) oil lying in underground tanks, and 660 litres of Motor Spirit kept in three number of drums at the said depot, a Stock Register and one cash memo book, the seizure having been done on the allegation that the quantity of M.S. Oil actually found in the possession of the petitioner, at his said depot, was more than what his records, such as, Stock Register, Cash Memo book, etc., accounted for. Having seized the M.S. Oil, Stock Register and Cash Memo, the said Inspector...
Asharam Debbarma Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Sep-21-2006
A.B. Pal, J.1. Heard Mr. P. Datta, learned Counsel for the petitioner and Mr. P.K. Paul, learned Counsel for the respondents.2. The short question which has given rise to the present controversy is whether a person with surname 'Barua' can be treated as a member of the Mog community recognized as Schedule Tribe (ST) and appointment/promotion of such a person to a higher post/grade against reserved quota is legally sustainable.3. The petitioner Sri Asharam Debbarma is an employee in the rank of Upper Division Clerk (UDC) in the Directorate of Employment, Services and Man Power Planning, Agartala West Tripura. In the seniority list published on 19.8.93, the position of the petitioner was at SI. No. 9 and he being a member of the ST community was entitled to be promoted to the next higher post of Accountant/Head Clerk/Statistical Inspector/Sr. Technical Assistant/ Jr. Employment Officer against reserved quota according to the 100-point roster. The 5th respondent Sri Amal Barua was admitt...
Babul Sarkar Vs. State of Tripura
Court: Guwahati
Decided on: Sep-20-2006
R.B. Misra, J.1. The present criminal appeal has been preferred under Section 374 of Cr.P.C. against the Judgment and Order dated 28.9.1999 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Sessions Trial No. 22 (ST/B) of 1999 holding the accused-appellant guilty under Section 354 of IPC, thereby sentencing him to undergo R. I., for two years and to pay a fine of Rs. 500/- and in default of payment of fine to suffer further R.I. for one month.2. The prosecution case, in brief, is that on 21.9.1998 at about 21-00 hours the accused Babul Sarkar forcibly broken open the bamboo made jhap/door of the hut of Smti. Sandhya Rani Debnath, entered inside the hut and forcibly committed rape on her. On the basis of the FIR, lodged by Smti. Sandhya Rani Debnath on 22.9.1998, Belonia P.S. Case No. 121/1998 under Sections 448/376 of IPC was registered. It was indicated in the FIR by the victim herself that on 21.9.1998 at about 9.00 p.m. the accused entered inside her hut an...
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