Guwahati Court November 2007 Judgments
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PrabIn Das and anr. Vs. State of Assam
Court: Guwahati
Decided on: Nov-30-2007
Aftab H. Saikia, J.1. Heard Mr. A.M. Mazumdar, learned senior Counsel assisted by Ms. B. Borgohain, learned Counsel for the appellants as well as Mr. K.C. Mahanta, learned Public Prosecutor, Assam.2. The conviction of the appellants under Section 376(2)(g), IPC and sentence to undergo imprisonment of life and also to pay fine of Rs. 2,000/- each, in default to suffer further 6 months simple imprisonment handed down to them vide judgment and order dated 14.11.2003 passed by the learned Ad-hoc Additional Sessions Judge, Kamrup, Guwahati in Sessions Case No. 98(K)/2000, has been assailed in this criminal appeal.3. It would be essential to narrate in a short campus the factual matrix of the prosecution case for proper adjudication of this appeal.4. An FIR was lodged on 12.11.95 by PW 1, the husband of the victim lady, PW 2 alleging that on 11.11.95 in the midnight at about 11.00 p.m., three persons namely, Prabin Das, Rinku Bahadur, the appellants herein along with one Bhim Bahadur @ Pasw...
Employees' State Insurance Corporation and Anr. Vs. Moonlight Pyrbot
Court: Guwahati
Decided on: Nov-30-2007
T. Vaiphei, J.1. The sole question which falls for consideration is whether appeal lies against the ex parte decree dated 04.04.2003 passed by the learned Presiding Officer, Employees State Insurance Court, Shillong in Misc. (ESI) Case No. 4 of 2002. The question arises out of the following facts and circumstances:The appellant issued the Notice dated 31.03.2003 under Section 82 of the Employees State Insurance Act, 1948 ('the Act' for short) upon the respondent to pay his contribution amounting to Rs. 69,712/- for the period from April, 2001 to March, 2002 in accordance with the provisions of Section 40 of the Act read with Regulations 29 and 31 of the Employees' State Insurance (General) Regulations. The respondent thereupon filed on application before the Employees State Insurance Court, Shillong under Section 75(g) of the Act for declaration that his firm was not covered by the provisions of the Act as it employed only six persons and was not, therefore, liable to pay the contribu...
National Insurance Co. Ltd. Vs. H. Rales and ors.
Court: Guwahati
Decided on: Nov-28-2007
M.B.K. Singh, J.1. MAC. Appeal Nos. 3(K)/07, 4(K)/07 and 5(K)/07 which have been filed challenging the common judgment and order passed by the learned Member, MACT, Dimapur on 04.08.2003 disposing of MAC Cases being Nos. 14, 15 and 16 of 2000 wherein related questions of law and facts are involved, are heard jointly to be disposed ofby a common order.2. Upon hearing Mr. B.N. Sharmah, learned Counsel appearing on behalf of the appellants, Mr. B.N. Sarmah, learned Sr. Counsel assisted by Mr. Apok Pongener, Advocate appearing on behalf of the respondent/owner of the vehicle and Mr. K. Sema, learned Counsel appearing on behalf of the claimants in respect of all the 3 appeals and on perusal of the materials before the Court, the following facts are ascertained. 3(three) persons died in an accident arising out of the use of an Oil Tanker bearing Registration No. NL-02/A-2555 on 09.12.1999 near Aokum Village. As per the impugned judgment, the said accident occurred due to rash and negligent ...
Nepd Marketing Pvt. Ltd. and anr. Vs. State of Assam
Court: Guwahati
Decided on: Nov-23-2007
I.A. Ansari, J.1. With the help of this application made under Section 482 Cr.PC., the petitioners have sought for quashing the First Information Report (in short, 'the FIR'), which has given rise to Dispur Police Station Case No. 1191/2007 under Sections 120B/420/273 IPC. The FIR, in question, which has been lodged, on 14.09.2007, at Dispur Police Station, by an Executive Magistrate, Kamrup (Metropolitan), Guwahati, alleges, in brief, thus: Pursuant to a conspiracy entered into by NEPD Ltd. and NFPD Marketing Ltd., led by the management and other employees of the said two companies, beverages have been kept stored beyond the expiry date thereof with intention to cheat the general public and to cause grievous hurt to the members of the public. The accused have also, it is alleged, conspired to cause financial loss to the State Government and physical and financial loss to the members of the general public.2. I have heard Mr. J.M. Choudhury, learned Senior Counsel, appearing on behalf ...
Kula Prasad Gogoi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Nov-23-2007
Asok Potsangbam, J.1. Heard Mr. A. Sarma, learned Counsel appearing for the petitioner. Also heard Mr. U.C. Nath, learned Counsel, Mr. S. Chamaria, Standing Counsel, GMC and Mr. G.N. Sahewalla, learned senior Counsel for the G.M.C.2. This is the second round of litigation. By the instant writ petition, the petitioner is seeking to quash the order dated 22.6.2007 passed by the Commissioner, Guwahati Municipal Corporation, disposing of the representation dated 10.4.2007, which was filed by the petitioner pursuant to judgment and order dated 26.3.2007 passed by this Court in the first round of litigation i.e. W.P. (C) No. 1340/2007. The Commissioner, Guwahati Municipal Corporation, disposed of the aforesaid representation by holding that the building constructed by the petitioner was unauthorized and without necessary approval of the authority and, consequently, GMC was directed to take necessary action against the unauthorized constmction of the petitioner as per GMC Act and Building B...
Thongam (Ongbi) Sanatombi Devi Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Nov-23-2007
T. Nandakumar Singh, J.1. Justice S. Ratnavel Pandian in Kartar Singh v. State of Punjab (C/B) reported in observed that:When Law ends, Tyranny begins: Legislation begins where Evils, begins. The function of the judiciary begins when The function of the Legislature ends, Because the law is, when the Judges say it is Since the power to interpret the law vests in The Judges.When the protector of the law himself became the law breaker by indulging in activities which are prejudicial to the maintenance of the public order, evils begins which cannot be taken lightly not only by law enforcing agency and the Judges but also by the society.2. The parliament in 31st Year of Republic had enacted the National Security Act, 1980 for detention of a person with a view to prevent him from acting in any manner prejudicial to the defence of India, relation with India with the Foreign Power, with the security of India and acting in any manner prejudicial to the security of the States and from acting in...
Laxmi Mukhiya Vs. State of Arunachal Pradesh
Court: Guwahati
Decided on: Nov-22-2007
Aftab H. Saikia, J.1. Heard Ms. Rita Das Mazumdar, learned amicus curiae appearing for the appellant and Mr. B. Banerjee, the learned P.P., Arunachal Pradesh.2. This criminal appeal from jail is directed .against the judgment and order dated 13.9.2002 rendered by the learned Deputy Commissioner, Lower Dibang Valley District at Roing, Arunachal Pradesh, in Sessions Trial No. 07/98 on being committed by the learned Judicial Magistrate 1st Class, Roing dated 29.4.1998 whereby the appellant was found to be guilty of killing one Kama Bdr Jogi on 24.3.97 and accordingly he was convicted under Section 302, IPC and sentenced accordingly to undergo rigorous imprisonment for life.3. The prosecution case, in short, is that on 3.4.1997 one Sri Ade Pertin (PW 3) lodged an FIR with Roing Police Station to the effect that on 24.3.1997 night one Shri Laxmi Mukhiya, the accused reportedly killed one Kama Bdr. Jogi and secretly buried the dead body at Rukmini Ali near the residence of the accused.4. On...
Sayed Ahmed Laskar Vs. Anam Uddin
Court: Guwahati
Decided on: Nov-21-2007
P.K. Musahary, J.1. Heard Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. I.A. Hazarika, for the petitioner Mr. K.C. Mahanta, learned Additional Public Prosecutor, Assam and Mr. A.B. Choudhury, learned Senior Counsel, assisted by Mr. M. Hussain for the accused opposite party.2. This revision petition is directed against the Judgment and Order dated 04.01.2006 passed by learned Sessions Judge, Hailakandi in Sessions Case No. 25/2002 under Section 147/148,149/448,149/323,149/302, 149/325 of the IPC whereby the accused/opposite parties No. 2 to 17 were acquitted of offences charged against them.3. The prosecution case in brief is that one Sri Ansar Ali was a resident of Dali Dahar Grant where he had a dwelling house and cultivable land. On 30.10.1997 at about 6 A.M. at the instigation of Babul Ali, the accused/opposite parties No. 2 to 17 trespassed the house campus of Ansar Ali and killed Kamrul Huda and also caused injuries upon the persons of Ansar Ali, Nurul Huda, Ali A...
Rose Valley Real Estate and Construction Ltd. Vs. United Commercial Ba ...
Court: Guwahati
Decided on: Nov-20-2007
I.A. Ansari, J.1. M/s. Pramila Hotel (hereinafter referred 'to as 'the borrower') had enjoyed credit facilities with the UCO Bank (hereinafter referred to as 'the respondent bank') against mortgage of their total building, situated at West Agartala. As the borrower had failed to repay its outstanding liability, the respondent bank took possession of the said hotel building as its secured assets. Having taken possession of the said hotel building in terms of the provisions of Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, 'the Act'), the respondent bank published a notification, on 31-12-2006, informing intending bidders, in general, that the said hotel along with the plot of land, on which the said hotel building stood, would be sold by auction for the purpose of recovering the dues of the respondent bank, the date and time of the sale, so published, being 7-10-2007 at 3.00 p.m. This notification, wh...
Subhash Projects and Marketing Ltd. Vs. Government of Arunachal Prades ...
Court: Guwahati
Decided on: Nov-20-2007
J. Chelameswar, C.J.1. These four petitions are filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator. The petitioner is one and the same in all these four petitions.2. The Chief Engineer in the Department of Power, Government of Arunachal Pradesh, invited the sealed tenders for execution of four Hydro Electric Projects known as 'Nuranang Hydro Electric Project (3x2 MW)', 'Sidip Micro Hydel Project (3x1 MW)', 'Liromoba Micro Hydel Project (2x1 MW)' and 'Sipit Micro Hydel Project (2x1 MW)' on 26.09.1992 in the case of 1st and 3rd and on 06.09.1992 in the case of 2nd and 4th of the above mentioned projects, respectively. The petitioner was found to be the most competent bidder in all the four cases. Thereafter, agreements were entered into between the petitioner and the respondents on 18.03.1993 in the 1st two cases and on 30.11.1993 in the latter two cases.3. The total value of the contract in each one of the cases is Rs. 2496.05 lakhs, R...
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