Guwahati Court January 2007 Judgments
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Ashutosh Das Vs. State of Tripura
Court: Guwahati
Decided on: Jan-04-2007
R.B. Misra, J.1. Heard Mr. M. Nath, learned senior counsel assisted by Mr. K.L. Paul and Mr. P. Nath, learned Counsel for the appellant. Also heard Mr. D. Sarkar, learned Public Prosecutor assisted by Mr. A. Ghosh, learned Counsel for the State-respondents.2. The present criminal appeal has been preferred against the judgment and order dated 17-8-2002 passed by the learned Additional Sessions Judge, West Tripura. Khowai in Sessions Trial No. 31 (WT/K)/ 2002 convicting the accused-appellant Shri Ashutosh Das under Section 376, IPC for a term of 10 (ten) years rigorous imprisonment and sentencing him to pay a fine of Rs. 50,000/- and in default to pay the fine, to suffer further rigorous imprisonment for a period of 5 (five) years.3. The prosecution case as revealed from the FIR and from the evidences on record is that while victim, a student co-villager of Ashutosh Das was going to the house of her neighbour Subal Debnath on 28-7-2000 at about 3.30 p.m. to witness T.V. programme, she w...
Smt. Mamoni Choudhury and anr. Vs. Pradip Kr. Choudhury and ors.
Court: Guwahati
Decided on: Jan-03-2007
I.A. Ansari, J.1. Heard Mr. A.S. Choudhury, learned Senior Counsel, appearing on behalf of the appellants, and Mr. B. Mazumdar, learned Counsel for the respondent No. 1. I have also heard Mr. S. Dutta, learned Counsel appearing on behalf of the respondent Nos. 3, 4 and 5. None has appeared on behalf of the respondent No. 2.2. Dilip Kr. Choudhury (since deceased) was an employee of the respondent No. 1, namely, M/s. Bongaigaon Refinery & Petrochemicals Ltd. Dhaligaon, Bongaigaon, Dilip Kr. Choudhury died and on his death, a sum of Rs. 6,56,090/- has been finalized as his monetary claim under the JPA Insurance Policy payable to his surviving legal heirs, namely, the two appellants herein, who are sisters of the said deceased and the respondent No. 1 herein, who is the brother of the said deceased. The said deceased left the respondent No. 1 herein as the nominee in respect of his said JPA Insurance Policy, Claiming that they too, as legal heirs of the said deceased, were entitled to sha...
Tata Elxsi (India) Ltd. and ors. Vs. Viswanath Goenka
Court: Guwahati
Decided on: Jan-02-2007
I.A. Ansari, J.1. By making this application under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, the petitioners, who are accused Nos. 1, 2, 3 and 4 in the Complaint Case No. 354 of 1995, have sought for, inter alia, setting aside and quashing the order, dated 21-2-1995, passed, in the Complaint Case aforementioned, whereby direction was given to issue summons to the accused named in the complaint, which include the present petitioners and two more persons (who have not challenged the order dated 21-2-1995, aforementioned).2. In a nutshell, the complainant's case is thus : Pursuant to the publication of an advertisement, by the accused No. 1, inviting people to purchase equity shares and/ or partly convertible debentures, the complainant and four members of his family paid, by way of cheques, on 21-11-1991, a sum of Rs. 7,500/- each, subscribing to the public issue of the equity shares of the accused No. 1. Though the accused No. 4 r...
Md. Jakir Ali Vs. the State of Assam
Court: Guwahati
Decided on: Jan-02-2007
I.A. Ansari, J.1. By the impugned judgment and order, dated 21-6-05, passed, in Sessions Case No. 104(S-S)/2004, learned Additional Sessions Judge, Sivasagar, has convicted the accused-appellant under Sections 376 and 417 of the I. P. C. and sentenced him to undergo, for his conviction under Sections 376, I. P. C., rigorous imprisonment for a period of seven years and pay fine of Rs. 5,000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of one year and to suffer, for his conviction under Section 417,1. P. C., rigorous imprisonment for one year and pay fine of Rs. 500/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month, both the sentences having been directed to run concurrently.2. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus : In the month of June or July, 2000, when AB, aged about 13 years and a daughter of PW1 and PW3, was alone at home, the accused, w...
Jagannath Pegu Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-02-2007
Amitava Roy, J.1. Being aggrieved by the order dated 29.7.2004 passed by the Director of Secondary Education, Assam permitting the respondent No. 4 to hold the charge of the office of the Head Master of Karatipar High School, Majuli (hereinafter referred to as the school) w.e.f. 1.8.04, the petitioner has sought to invoke the writ jurisdiction of this Court.2. I have heard Mr. B.P. Borah, Senior Advocate assisted by Mr. D. Borah, Advocate for the petitioner and Ms. M. Gogoi, learned standing counsel, Education Department for the official respondents. The respondent No. 4 though served with the notice of the proceeding has not entered appearance.3. A brief out line of the pleaded case of the petitioner would be essential to appropriately evaluate the rival submissions. The petitioner who is a graduate in science was appointed as science graduate Assistant Teacher in the school by order dated 6.6.1992 of the Inspector of Schools, Jorhat District Circle (herein after referred to as the I...
Hasi Mohan Barman and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jan-02-2007
P.G. Agarwal, J.1. Heard Mr. Z. Kamar, learned Counsel for the petitioner and Mr. K. Munir, learned Public Prosecutor, Assam.2. In Sessions Case No. 10/96 two accused appellants Hasi Mohan Barman and Abinash Biswas were tried by the learned Additional Sessions Judge, Kokrajhar (FTC) and on conclusion of trial both the accused were convicted under Section 313 IPC read with Section 34 IPC and sentenced to undergo imprisonment for 5 years and to pay fine of Rs. 7000/- each, in default, to undergo further imprisonment for one year and hence the present appeal.3. Prosecution case, in brief, is that accused Hasi Mohan had love affair with the informant Haleswari Barman (PW1) which extended to physical relationship and as a result of which, the PW-1 became pregnant. Thereafter, the villagers forced Hasi Mohan to marry PW-1. But, after some time, the husband Hasi Mohan asked the PW-1 to abort the child, which PW-1 refused to do. Thereafter, on the night of occurrence, the accused Hasi Mohan f...
Usman Ali and ors. Vs. Pratap Ch. Bora
Court: Guwahati
Decided on: Jan-01-2007
I.A. Ansari, J.1. This second appeal arises out of the judgment and decree, dated 2.3.01, passed by the learned Civil Judge (Senior Division), Nagaon, in Title Appeal No. 9/2000, upholding, in part, the judgment and decree, dated 23.12.99, passed, in Title Suit No. 59/98, by the learned Munsiff No. 1, Nagaon, whereby the learned trial Court had decreed the suit of the plaintiff-respondents.2. The plaintiff's case is, in brief, thus: The land, described in Schedule A to the plaint, has been in occupation of the plaintiff and proforma defendant No. 4 since the year 1935 and Annual Patta No. 263 was issued, in their favour, in respect of the suit land by the State government. Upon issuance of the Annual Patta, the plaintiff and the proforma defendant started paying revenue in respect of the land of Schedule 'A'. Following an amicable family settlement, the land described in Schedule 'A', along with some other properties fell into the share of the plaintiff and the plaintiff became the so...
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