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Guwahati Court November 2007 Judgments

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Nov 12 2007

Rahim Badsha Vs. State of Assam

Court: Guwahati

Decided on: Nov-12-2007

H. Baruah, J.1. Appellant Rahim Badsha was tried by the learned Sessions Judge, Barpeta under Section 302 IPC and convicted and sentenced him to undergo imprisonment for life and to pay fine of Rs. 5,000/-, in default of payment of fine to undergo R.I. for 1 (one) year.2. Being aggrieved by the Judgment and order of conviction appellant Sri Rahim Badsha filed this instant appeal challenging the legality of the judgment.3. Before entering into the merit of this appeal, it would be appropriate for this court to project the case of the prosecution in nutshell:Appellant Rahim Badsha and accused Hazrat Ali are both father and son. The informant Atowar Rahman is the father-in-law of the appellant Rahim Badsha. Deceased Anujawara Khatun was the daughter of first informant Atowar Rahman. She was given in marriage with the appellant on 16.4.1998 by executing a registered deed No. 269/98. Since the date of the marriage, it is alleged that the deceased Anjuwara Khatun was tortured by the appella...


Nov 12 2007

Kuladhar Chakraborty and ors. Vs. Abdul Khandakar and ors.

Court: Guwahati

Decided on: Nov-12-2007

Asok Potsangbam, J.1. Writ Appeal Nos. 184 of 2006, 194 of 2006 and 248 of 2006 being analogous and are against the judgment and order dated 12.4.2006 passed by the learned Single Judge in W.P. (C) No. 6045/2005, are taken up together and disposed of by this common judgment and order.2. Heard Mr. A.S. Choudhury, learned senior counsel and Mr. B.D. Konwar, learned Counsel on behalf of the appellants. Also heard Mr. K.N. Choudhury, learned Additional Advocate General, Assam and Mr. H.R.A. Choudhury, learned senior counsel appearing on behalf of the private respondents.3. Writ petitioners, seven in number, filed Writ Petition No. 6054 of 2005 before the learned Single Judge challenging the list containing names of the private respondents on the ground that the private respondents did not possess matriculation certificates which was the condition for eligibility stipulated in the notification dated 26.6.2000 issued by the Additional Deputy Commissioner, Goalpara, for appointment of Gaonb...


Nov 12 2007

Sofiqul Islam Vs. State of Meghalaya and ors.

Court: Guwahati

Decided on: Nov-12-2007

A. Hazarika, J.1. All these petitions, being centering around the same issues are heard together and disposed of by this common judgment.WP(Crl) 19/2006:2. By filing this habeas corpus petition, petitioner has prayed for a direction to the respondents to cause an enquiry into the missing of his brother Shri Nazrul Islam Sarkar, Principal of Bhaitbari H.S. School in pursuance to the ejahar dated 2.4.06 and subsequent reminders dated 14.4.06 and 9.5.06, to produce the missing person and also for a further direction under writ of Mandamus as to the reason, which has precluded the Of-ficer-in-Charge of Phulbari Police Station in not taking cognizance of the FIR dated 2.4.06.3. The brief fact of the case is that, on 293.06, Sri N.I. Sarkar, who is the Principal of Bhaitbari H. S. School alongwith one L.D.A., Sri Aynal Haque and Office Peon, Sri Abdul Hasem Mollah left for Tura to meet Sri P.K. Hajong, Inspector of Schools, Tura, for releasing of salary of the teachers and staff. Thus as pe...


Nov 07 2007

United India Insurance Co. Ltd. Vs. Zokhuma of Chhinga Veng and anr.

Court: Guwahati

Decided on: Nov-07-2007

A.B. Pal, J.1. In a motor accident on 8.10.2003 one Lalrinmawia, while riding a bike, collided with a truck and sustained grievous injuries. He died in Greenwood Hospital on 11.10.2003. He was only 27 years and bachelor. A police case was registered. According to the police verification report the accident occurred due to rash and negligent driving by the driver of the truck. The father of the deceased, Mr. Zokhuma, instituted claim case for compensation of Rs. 8,50,000/-. The mother of the deceased neither has joined as claimant nor has been impleaded as respondent in the claim petition. The monthly income of the victim whose occupation was daily wage earner has been stated to be Rs. 2500/- per month. The learned tribunal, Aizawl in MACT Case No. 124 of 2003 has awarded Rs. 3,75,000/- by judgment and award dated 12.6.2006. The said amount has been directed to carry interest at the rate of 8% per annum from date of filing the claim petition till the entire amount is realized. The Unit...


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