Guwahati Court January 2007 Judgments
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The State of Tripura Vs. Shri Chayan Alias Santosh Saha
Court: Guwahati
Decided on: Jan-22-2007
A.H. Saikia, J.1. Heard Mr. R.C. Debnath, learned P. P. for the appellant-State of Tripura and Mr. P.K. Biswas, learned Counsel appearing for the respondent.2. This criminal appeal has been preferred by the Appellant-State of Tripura against the judgment and order dated 22-12-1998 passed by the learned Sessions Judge, West Tripura, Agartala in Sessions Trial No. 171 (WT/A)/1996 whereby the respondent herein was acquitted from the charge under Sections 366/376 of the Indian Penal Code (for short 'IPC').3. The prosecution case as emerged from the deposition of the P.W. 2, the victim girl, Smt. Sampa Das, necessary for disposal of this appeal, may be noticed as under:On 3-11-1995 at about 6-30 a.m. in the morning while Smt. Sampa Das, aged about 20 years, as reflected in the FIR so lodged by the father, Sri Sitangshu Sekhar Das, P.W. 1, was proceeding to the house of her student for attending tuition, she was kidnapped by the respondent who came in a white Maruti van, by gagging her mout...
Jhantu Das Vs. State of Tripura
Court: Guwahati
Decided on: Jan-20-2007
T. Vaiphei, J.1. This criminal revision petition is directed against the order dated 30.7.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 42(3)/2005 upholding the order dated. 27.6.2005 passed by the learned Judicial Magistrate 1st Class, Court No. 6, Agartala, West Tripura in C.R.(V) No. 857 of 2005.2. I have heard Mr. S. Saha, the learned Counsel for the petitioner and Mr. R.C. Debnath, the learned Public Prosecutor in-charge for the respondent.3. The case of the prosecution is that on 19.5.2005 at about 21-00 hours, the police received an information to the effect that a Mini Bus bearing TR-01-A-1418 (CD Ride) driven by the petitioner dashed against SPF bridge and accordingly, rushed to the spot and found the driver of the Mini Bus, i.e., the petitioner detained by the local people. The petitioner was alleged to have created disturbance under the influence of liquor. On interrogation, the petitioner could not give any satisfactory reply or p...
Manipur Pradesh Congress Committee and ors. Vs. Union of India (Uoi) a ...
Court: Guwahati
Decided on: Jan-19-2007
T.N.K. Singh, J.1. This Writ Petition (PIL) is an unique petition filed by 10 (ten) different political parties, despite sharp difference on various issues. The issues raised in the present writ petition are of far reaching constitutional significance as they have a direct bearing on democracy which constitute a basic feature of our Constitution and also that the delimitation exercise and re-adjustment of the territorial constituencies in the State are required to be carried out on the basis of the census figures.2. Heard Mr. Raju Ramchandran, learned Senior Advocate, Mr. N.P.C. Singh, Senior Advocate and Mr. S. Biswajit Singh, Advocate for the petitioners and Mr. K. Kumar Singh, learned C.G.S.C. for the respondent Nos. 1, 2 and 3 and Mr. N. Ibotombi Singh, learned Counsel for the respondent No. 4 and 6 and learned Advocate General, for the respondent No. 5.3. By an order of this Court dated 04.12.2006 passed in C. Misc (PIL) No. 12.2006,5 (five) social organizations have been implead...
MulIn Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-19-2007
B.K. Sharma, J.1. The petitioner, who was in a provincialized service of a school as Assistant Teacher (Classical/Sanskrit) has assailed the legality and validity of the order communicating the decision towards acceptance of resignation from service tendered by him.2. The petitioner is an M.A. in Sanskrit. He was appointed as an Assistant Teacher (Classical/Sanskrit) in Rangsina High School, Langmopi in the district of Karbi Anglong on 24.1.1995. The school was provincialized with effect from 1.4.1996 and the services of the petitioner was also provincialized against the allotted post of Assistant Teacher. It appears that while the petitioner was serving in the school, some differences between him and the Headmistress of the school i.e., the Respondent No. 5, who incidentally is the wife of the Respondent No. 6, who is also the Headmaster of M.E. Section of the said school. Apart from the allegation that the petitioner was not paid his salary from 23.5.1998, he also made the allegatio...
Sufur Ali Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-19-2007
B.K. Sharma, J.1. The petitioner, who is a registered dealer under the Assam General Sales Tax Act, 1993, has assailed the legality and validity of the order passed by the Deputy Commissioner of Taxes, i.e., the appellate authority and the consequential assessment order made by the Superintendent of Taxes.2. The brief facts leading to the filing of the instant writ petition are that the petitioner was settled with a Sand and Gravel Mahal namely, Khoraghat Sand-cum-Gravel Mahal-I for the tenure 1993-95 with the total bid value of Rs. 32,70,001. The settlement was made by order dated April 6, 1993 for the aforesaid period.3. According to the petitioner, he had paid the entire bid money, but due to certain difficulties, faced by him, he could not extract the entire quantity of sand and gravel. Situated thus, he had prayed for extension of the Mahal period and the jurisdictional Divisional Forest Officer also granted the extension up to April 5, 1997 by his letter dated February 26, 1997....
Subarna Tamuli (Smti) Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-19-2007
B.K. Sharma, J.1. This writ petition has been filed praying for a direction to the respondents to appoint the petitioner as Lower Division Assistant (LDA) in the school in question. Such a prayer has been made on the basis of the selection of the petitioner for one of the two posts advertised.2. The petitioner was first appointed in the school namely Meragarh Narayan Dev Higher Secondary School, Majuli by Annexure-1 order dated 8.12.1981 issued by the Inspector of Schools, Jorhat District Circle, Jorhat. Such appointment was against a leave vacancy. She worked against the vacancy upto 30.11.1982. In 1992 (8.10.1992), one Sri Pradip Saikia (respondent No. 6), was allowed to act as LDA on honourary basis subject to approval by the Development Committee of the School and the Government. The matter relating to appointment of said Sri Saikia came up for discussion before the Development Committee in its meeting held on 2.1.1993 and in the meeting it was resolved to cancel the appointment a...
Sadhan Baidy and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Jan-19-2007
A.H. Saikia, J.1. Heard learned Counsel for the parties including the learned public prosecutor, State of Tripura.2. The legality and correctness of the judgment dated 5.3.1999 passed by the learned Addl. Sessions Judge, Belonia, South Tripura, in Criminal Appeal No. 4(I)99 upholding and confirming the judgment and order dated 23.12.1998 passed by the learned Sub-Divisional Judicial Magistrate, Belonia in connection with Case No. G.R.63/97 convicting the petitioners under Section 379 I.P.C. and thereby sentencing them to undergo rigorous imprisonment for 6(six) months on the allegation of commission of theft of electricity, an offence governed by the Indian Electricity Act, 1910 (for short, 'the Act'), has been questioned in this revision petition filed on 17.5.1999 prior to coming into force of the Indian Electricity Act, 2003.3. Assailing the impugned judgments the learned Counsel appearing for the petitioners has forcefully submitted both the courts below, i.e., the trial court as ...
P.C. Molla Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jan-19-2007
B.K. Sarma, J.1. By means of this writ petition, the petitioner a CRPF personnel has assailed the legality and validity of the order imposing the penalty of reduction in rank pursuant to a departmental enquiry.2. The petitioner was first appointed in the CRPF as Fitter and his such appointment was on 9.12.1969. While he was serving as Motor Mechanic/Sub-inspector (hereinafter referred to as MM/SI) at Shillong, a memorandum of charge sheet dated 17.4.2004 was issued proposing to hold an enquiry against the petitioner and one Sri Abhay Singh HC/Dvr, on the charge indicated therein, The. charge reads as follows:That the said number 720150406 HC/dvr Abhay Singh and number 690444343 SI/MM PC Mulla of 53 Bn. while functioning as HC POL & SIMM of 53 Bn respectively committed neglect of duty/remissness in the discharge of their duties as members of the force under Section 11(1) of the CRPF Act 1949 in that they indulge in and act or dishonestly jointly resulting in to pilferage of Govt. store...
Jorjia Sultana and anr. Vs. Tripti Bordoloi and ors.
Court: Guwahati
Decided on: Jan-19-2007
H.N. Sarma, J.1. This revision petition has been filed challenging the legality and the validity of the order dated 20.11.2006 passed by the learned Civil Judge (Junior Division) No. 1, Guwahati, acting as a executing Court passed in Misc (J) Case No. 347/2005 arising out of T Ex-No. 16/04, rejecting the application filed by the petitioner under Section 47, CPC in the execution proceeding.2. I have heard Mr. S.P. Roy, learned Counsel for the petitioners and Mr. A. Das, learned Counsel for the opposite party/decree-holder.3. The opposite party/decree-holder as plaintiff instituted the Title Suit No 89/93 praying for declaration of right, title and interest over the suit land and khas possession thereof by evicting the defendants and for permanent injunction. The learned trial Court decreed the suit on 30.6.98 against which Title Appeal No. 29/98 was filed. The learned appellate Court also confirmed the decree passed by the learned trial Court dismissing the appeal on 10.7.2003 which wa...
Moccha Joynab Begum Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-19-2007
Amitava Roy, J.1. The challenge is to the cancellation of the petitioner's licence issued under the Assam Public Distribution of Articles Order, 1982 (hereinafter also referred to as the 'Order'), to act as a retailer in Superior Kerosene Oil for Haripur village under the Haripur Grahampur SS Ltd. This Court by order dated 28.9.2006, had kept in abeyance the impugned order dated 25.9.2006. It is submitted at the Bar that on the very same date following the cancellation of the petitioner's licence, the Assistant Director of Food & Civil Supplies, Gossaigaon, had issued a fresh licence in favour of the respondent No. 5. The said respondent has filed an application being Misc. Case No. 4189 of 2006, praying for alteration/modification/cancellation and/or vacation of the interim order.2. I have heard Mr. S. Chakraborty, learned Counsel for the petitioner and Mr. P. Roy, learned State counsel for the official respondents. Also heard Mr. S. Huda, learned Counsel appearing for respondent No....
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