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Guwahati Court November 2007 Judgments

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Nov 14 2007

Registrar (i and E), Gauhati High Court and anr. Vs. Amarjit BorgohaIn ...

Court: Guwahati

Decided on: Nov-14-2007

Asok Potsangbam, J.1. Heard Mr. N. Dutta, Ld. Sr. Counsel assisted by Mr. J. Roy, Ld. Counsel, on behalf of the Applicant. The Applicant who is a practising advocate has filed this application for expunging the observation appearing in para 12 of the judgment and order dated 3.10.2005 passed by Hon'ble B.K. Sharma, J. in Review Petition Nos. 72, 73, 74 and 75 of 2005 and W.P. (C) Nos. 5416, 5401, 5282 and 5109 of 2005.2. Attending facts and circumstances which are associated with the matter have been elaborately discussed in the following cases reported in (a) 2007(2) GLT 665 [Registrar (I&E;) Gauhati High Court, Gauhati v. Amarjit Borgohain and Ors.) (b) 2007 (2) GLT 682 [Registrar (I & E) Gauhati High Court, Gauhati v. Amarjit Borgohain and Ors.) (d) 2007 (2) GLT 683 [Registrar (I & E) Gauhati High Court, Gauhati v. Amarjit Borgohain and Ors.) and (e) 2007 (2) GLT 688 [Registrar (I&E;)Gauhati High Court, Gauhali v. Amurjit Borgohain and Ors.). as such, we shall confine ourself only ...


Nov 13 2007

Jaichandran Nair, Ex. Lnk Vs. Union of India (Uoi) and ors.

Court: Guwahati

Decided on: Nov-13-2007

Ranjan Gogoi, J.1. Heard Shri A.S. Choudhury, learned senior counsel for the petitioner and Mrs. R. Bora, learned CGC appearing for the Respondents.2. This writ petition has been filed challenging an order dated 18.12.1999 whereby the punishment of dismissal from service has been imposed on the petitioner in exercise of powers under Section 11(1) of the CRPF Act, 1949 read with Rule 27(a) of the CRPF Rules, 1955. The aforesaid order of dismissal imposed by the primary authority has been affirmed in appeal by order dated 11.4.2000 and the revision filed against the aforesaid two orders has also been dismissed by the order dated 14.2.2001. Consequently, this writ petition has been filed challenging the aforesaid orders passed by the authorities of the Force.3. The petitioner was, at the relevant point of time, serving in the post of Lance Naik in the Force and was posted in the 116 Bn. of the CRPF at Dibrugarh. A charge-memo dated 10.9.1999 was issued against the petitioner leveling th...


Nov 13 2007

National Insurance Co. Ltd. Vs. Member Secretary, Asls Authority and o ...

Court: Guwahati

Decided on: Nov-13-2007

Hrishikesh Roy, J.1. Heard Mr. S.S. Sharma, learned senior counsel representing the petitioner-Insurance Company. Also heard Ms. D. Borah, learned Counsel representing the Respondents No. 2, 3 and 4 (the claimants).2. This writ petition has been filed to challenge the settlement purportedly arrived at on 4.9.2004 in the Lok Adalat held at Nagaon between the parties. It is contended that the Insurance Company was not at all agreeable to arrive at the aforesaid settlement and the Branch Manager of the Insurance Company, who was present during the proceeding of the Lok Adalat, vehemently protested at the manner in arriving at the alleged settlement.It is further contended that the identification of the vehicle involved in the accident leading to filing of the claim, is also in dispute and accordingly, the representative of the Insurance Company expressed strong reservation to resolve the matter through Lok Adalat and wanted adjudication of the claim against the Insurance Company.The furt...


Nov 13 2007

Mangal Mazumdar Vs. State of Assam

Court: Guwahati

Decided on: Nov-13-2007

P.K. Musahary, J.1. Heard Mr. J.M. Choudhury, Learned Senior Counsel for the appellant, assisted by Mr. N.P. Das and Mr. P.C. Gayan, Learned Public Prosecutor, Assam.2. This appeal is directed against the Judgment and Order dated 06.09.2006 passed by the Learned Sessions Judge, Morigaon in Sessions Case No. 27/05, arising out of GR Case No. 749/02, convicting the accused/ appellant under Section 302/IPC and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs. 10,000/- (Rupees Ten Thousand) only and in default of payment of fine to suffer rigorous Imprisonment for another six months.3. The prosecution story unfurled in the FIR, Exhibit 1, as lodged by Sri Prashanta Dey, PW-1 is that one Sri Chandan Dey, a resident of Rangia, married his sister Smti Mamoni Dey as per their religion/custom and in the marriage he paid a large amount of dowry to the bridegroom, Sri Chandan Dey but he was not satisfied with the dowry and started to beat his sister Smti Mamoni Dey b...


Nov 13 2007

State of Tripura Vs. Sanjit Sil and anr.

Court: Guwahati

Decided on: Nov-13-2007

Mutum B.K. Singh, J.1. Heard Mr. A. Ghosh, learned Addl. Public Prosecutor appearing for the appellant, Mr. S. Kar Bhowmik, learned Counsel appearing for the respondent No. 1 and Mr.S. Cakraborty, learned Counsel appearing for the respondent No.2.2. This appeal is directed against the judgment and order of acquittal dated 22-12-1999 passed by the learned Judicial o Magistrate 1st Class, Kailashahar, North Tripura in G.R. Case No. 291/1990, acquitting the respondents from the charges punishable under Section 120-B, 409, 468 and 471 of the Indian Penal Code.3. Facts, briefly, giving rise to this appeal are that on 29-6-1990 at about 1445 (J, hours, P.W. No. 26 Sri Debatosh Datta, the Project Manager of DRDA, Kailashahar, lodged a report with the Officer In-charge, 8 Kailashahar Police Station to the effect that 5. during the period from 27-8-1988 to 5-2-1990 eight cheques of United Bank of India 3 and two cheques of Tripura Gramin Bank, which were not issued from the DRDA, m Kailashahar...


Nov 13 2007

Prasenjit Debbarma and ors. Vs. State of Tripura

Court: Guwahati

Decided on: Nov-13-2007

Mutum B.K. Singh, J.1. Heard Mr. P.K. Biswas, learned Counsel appearing for the appellants and Mr. D. Sarkar, learned Public Prosecutor for the State-respondent.2. This appeal is directed against the judgment dated 06.08.2004 passed by the learned Additional Sessions Judge, Khowai, West Tripura, in Sessions Trial No. 21(WT/K)/2002, convicting and sentencing the appellants to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/- each, in default thereof, to suffer simple imprisonment for six months for the offence punishable under Section 302 read with Section 149 IPC and also to suffer rigorous imprisonment for 2 years and 3 months for the offences punishable under Section 148 and 447 IPC respectively.3. Brief facts, which led to the trial of the appellants are that in a massacre which took place on 16.02.1997 at Gourangatilla School and nearby houses, 14(fourteen) people were killed and 7/8 others were injured. As per the First Information Report (FIR) marked Exbt- 1...


Nov 13 2007

Niranjan Das Vs. State of Assam

Court: Guwahati

Decided on: Nov-13-2007

P.K. Musahary, J.1. Convicted under Section 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 2000/ - in default of which, he will undergo rigorous imprisonment for another four months, accused/appellant has preferred the present criminal appeal against the Judgment and Order dated 25.08.2003, passed by the learned Session Judge, Morigaon.2. The brief facts as revealed at the time of trial, may be stated as follows:On 18.12.1998 at 10 P.M., Friday, the accused persons namely, Niranjan Das, Chakradhar Das and Smti. Numali Das entered into the house of the informant, Maitora Das and dragged her husband out to the Courtyard and all the three accused persons assaulted her husband with dao and lathis causing grievous injuries and leaving him in dying state there. At the time of occurrence her son Durgeswar Das was present and they tried to save her husband but they were also assaulted by the accused persons. One Mohiram Das, took the injured ...


Nov 13 2007

Gaffar and anr. Vs. Jakrun Nessa and anr.

Court: Guwahati

Decided on: Nov-13-2007

B.P. Katakey, J.1. Musst. Jakarun Nessa, the respondent in RSANo. 251/05 filed Title Suit No. 28/1993 against Md. Gaffar, the appellant in the said appeal, as defendant, as well as Musst. Noor Jahan Begum and Musst. Asmina Begum, as proforma defendants, in the Court of the learned Sadar Munsiff at Tezpur, praying for declaration of right, title and interest as well as for permanent injunction, in respect of the land measuring 3 Lechas covered by Periodic Patta No. 457/629(old)/211(new) under Dag No. 491/1160(old)/1173 (new) of Tezpur Town, Mouza-Mahabhairab, District-Sonitpur, contending inter alia that the land measuring 6 Lechas covered in the said Dags and Periodic Patta was initially purchased by Md. Gaffar, the appellant in the Second Appeal and Md. Sattar, the predecessor in interest of proforma defendant Nos. 2 and 3 and, thereafter, mere was an amicable partition between Md. Gaffar and Md. Sattar, who are the brothers. It has further been contended that after the death of Md. ...


Nov 13 2007

Lang Kamdeng Gracy Vs. State of Meghalaya and ors.

Court: Guwahati

Decided on: Nov-13-2007

Aftab H. Saikia, J.1. Heard Mr. A.K. Bhattacharjee, learned Senior Counsel assisted by Mr. B.K. Singh, learned Counsel appearing on behalf of the petitioner as well as Mr. R. Goswami, learned Senior Government Advocate for the respondents, State of Meghalaya. None appears for the Union of India, despite notice.2. The legality and correctness of the detention of Sri Bernard N. Marak, son of Sri Jyotishmoy Dutta (hereinafter referred to as the 'detenu'), a permanent resident of village-Akhhonggre under Tura Police Station in the West Garo Hills District, vide impugned order dated 23.8.2007 issued by the District Magistrate, West Garo Hills District, Tura under Section 3(1) of the Meghalaya Preventive Detention Act, 1995, as amended (for short, 'the Act') has been challenged in this Habeas Corpus petition preferred under Article 226 of the Constitution of India.3. The factual matrix in a short campus is that the detenu was arrested on 17.8.07 in connection with a criminal case being Tur...


Nov 12 2007

Arab Ali Vs. State of Tripura

Court: Guwahati

Decided on: Nov-12-2007

A.B. Pal, J.1. We have heard Mr. D.C. Roy, learned Counsel for the convict-appellant and Mr. D. Sarkar, learned Public Prosecutor along with Mr. R. C. Debnath, learned Spl. P. P. for the State.2. This criminal appeal is directed against the judgment dated 19-7-2002 passed by learned Additional Sessions Judge, Belonia, South Tripura, in Session Trial No. 78 (ST/B) of 2001. The appellant Arab Ali has been convicted under Section 302 and 201 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life with fine of Rs. 5,000/- under Section 302, IPC by the said judgment. No separate sentence has been imposed under Section 201 of IPC. The appellant has been booked for committing the murder of one Ali Miah on 15-8-2001, sometime in the afternoon. The victim was aged 70 years at that time. According to the prosecution version on 15-8-2001 in the afternoon the victim and the convict-appellant were proceeding towards Birchandra Nagar Bazar. The victim had Rs. 2100/2200/- with h...


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