Guwahati Court December 2007 Judgments
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Subhash Datta Vs. State of Tripura
Court: Guwahati
Decided on: Dec-07-2007
Mutum B.K. Singh, J.1. This appeal is directed against the judgment dated 16.07.2005 passed by the learned Asstt. Sessions Judge, West Tripura, Agartala (Court No. 2) in S.T. No. 111(WT/A)/2004, convicting and sentencing the appellant to suffer rigorous imprisonment for a period of three years with a fine of Rs. 2,000/-, in default of payment thereof, to suffer rigorous imprisonment for a further period of three months and also to suffer rigorous imprisonment for a period of 10 years under Sections 498-A IPC and 304-B IPC respectively.2. Heard Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. S. Ghose, learned Counsel appearing for the appellant and Mr. R.C. Debnath, learned In-charge Public Prosecutor for the State-respondent.3. The prosecution case, in brief, is that the deceased Bina Paul married to the appellant on 13.05.2000. Besides the other gifts given to the appellant, there was a demand of Rs. 25,000/- from the side of the appellant as dowry, which the deceased's fami...
Edentinora Mawthoh Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Dec-07-2007
Asok Potsangbam, J.1. The writ petitioner is the mother of one Shri Samkuper Mawthoh who, while playing at the Children' s Park of the Kharmalki locality in Malki, Shillong, came into contact with high tension electric wire on 06.10.1999 at about 5 P.M. and, thereupon, the minor son of the petitioner was electrocuted causing serious burn injuries to his person. The injured, who was 13 years old at that point of time, was taken to Shillong Civil Hospital from where the injured was referred to a Plastic Surgeon of Woodland Hospital, Shillong as the bum injury was grievous. At the Woodland Hospital, Shillong, the right arm of the injured, above the elbow, was amputated on the advice of the doctor at Woodland Hospital, Shillong. The petitioner, who is the mother of three sons including the injured, approached almost all the authorities including the Minister, Urban Affairs, Government of Meghalaya for payment of compensation on behalf of his minor son whose right arm was amputated as a co...
Nitu Das and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Dec-07-2007
Mutum B.K. Singh, J.1. This revision petition is directed against the judgment dated 23-2-2005 passed by the learned Addl. Sessions Judge, North Tripura, Dharmanagar in Criminal Appeal No. 24(4)/2004 convicting and sentencing the petitioners to suffer 2 (two) years rigorous imprisonment and to pay a fine of Rs. 2,000/- (Rupees two thousand) each and in default thereof to suffer rigorous imprisonment for further three months under Section 436 read with Section 34 of IPC.2. Heard Mr. S. Kar Bhowmik, learned Counsel appearing for the petitioners and Mr. R.C. Debnath, learned in-charge Public Prosecutor appearing on behalf of the State-respondent.3. Facts leading to this revision petition are that one Sri Dilip Kumar Saha lodged a written report on 3-2-2004 at 13.45 hours with the O/C, Churaibari police station stating that on 3-2-2004 at about 3.30 o'clock when he was suddenly woke up by his wife from sleep, his huts were found burning by fire, they could not open and come out from insid...
Manik Debnath and anr. Vs. State of Assam
Court: Guwahati
Decided on: Dec-07-2007
H. Barua, J.1. Appellants, Shri Manik Debnath and Shri Lohit Debnath were tired by the learned Special Judge (Sessions Judge), Morigaon under Section 20(ii)(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, in short, the NDPS Act and sentenced both the appellants having found guilty under the charge vide judgment and order dated 16.9.2005 passed in Special Case No. 01/ 2003.2. Appellant, Shri Manik Debnath was sentenced to undergo R.I. for 15 (fifteen) years with a fine of Rs. 2,00,000/- in default of payment of fine to suffer R.I. for another 6 (six) years, while appellant Shri Lohit Debnath was sentenced to undergo R.I. for 10 (ten) years with a fine of Rs. 1,00,000/- in default of payment of fine to undergo further R.I. for 3 (three) years.3. Feeling aggrieved by and dissatisfied with the judgment and order of conviction impugned, this appeal has been filed by both the appellants from jail challenging its legality and correctness.4. Appellant Manik Deb...
Paoliamsoi Vaiphei Vs. the Council of Higher Secondary Education and o ...
Court: Guwahati
Decided on: Dec-07-2007
T. Nandakumar Singh, J.1. By this writ petition, the petitioner is challenging the impugned order dated 7.7.1999 passed by the Secretary, Council of Higher Secondary Education, Manipur for terminating the petitioner from service with immediate effect.2. Heard Mr. M. Hemchandra, learned Counsel appearing for the petitioner and also Mr. R. Piba, learned Counsel appearing for the respondents.3. As ordered by this Court, Mr. Piba produced the relevant file containing the disciplinary proceedings against the writ petitioner before this Court for perusal.4. By filtering the unnecessary details, the concise facts which should be sufficient for deciding the present writ petition is that the petitioner was appointed as regular Peon (Grade IV) with retrospective effect from 1.4.1993 in the Council of Higher Secondary Education, Manipur, vide order of the Secretary, Council of Higher Education, Manipur dated 30.7.1993.5. While the petitioner was serving as regular Grade-IV (Peon), Secretary, Cou...
Rafique Ahmed Mazumder Vs. Hindustan Paper Corpn. Ltd. and anr.
Court: Guwahati
Decided on: Dec-07-2007
B.P. Katakey, J.1. The appellant filed WP(C) No. 2120/2007 challenged the action of the respondent Corporation in not accepting the tender papers submitted by him pursuant to the Notice Inviting Tender (NIT) dated 26-3-2007, on the ground that the earnest money in terms of Clause 2.1.3.1 of the NIT by way of demand draft/call deposit receipts issued by any branches of State Bank of India or Canara Bank or Central Bank of India has not been deposited by him. The said writ petition was dismissed by the learned single Judge vide judgment and order dated 19-6-2007 on the ground that the appellant writ petitioner has violated the condition stipulated in the NIT. Hence, the present appeal.2. The facts relevant for the purpose of the present appeal is that a NIT was floated by the respondent Corporation, which is a Government of India Enterprises, on 26-3-2007 inviting bids from reputed and experienced contractors for transportation, bundling and feeding of bamboo for the period up to 30-6-2...
K.D. Ramsiej and anr. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-06-2007
Asok Potsangbam, J.1. This petition is filed by the two petitioners in the form of a public interest litigation seeking for a Writ of Mandamus restraining the University Respondent from giving effect to the appointment of Respondents No. 7 and 8 as Professor & Reader in the Department of Philosophy and also for issuing a Writ of Certiorari quashing and setting aside the appointment of Respondents No. 7 and 8 as Professor and Reader in the Department of Philosophy, North Eastern Hill University, Shillong, for short 'NEHLJ'. The prayer made in the petition is extracted below:In the premises aforesaid it is most humbly prayed that Your Lordships may be pleased to admit this petition, call for the records, Issue Rule calling upon the Respondents to show cause as to why a Writ of Mandamus not issue directing the Respondents to withdraw, recall and otherwise forbear from giving effect to the impugned appointments of the Respondents No. 7 and 8 as Professor and reader in the Department of Ph...
Nepal Chandra Das Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Dec-05-2007
Hrishikesh Roy, J.1. Heard Mr. S. Talapatra, learned Sr. counsel appearing for the petitioner. Also heard Ms. A.S. Lodh, learned Counsel appearing for the State respondents.2. The petitioner who is engaged as a Pump Operator in the Gas Thermal Civil Sub Division, Baramuda is before this Court seeking a direction on the respondents to make payment of the outstanding overtime allowance for the period starting from fourth quarter ending in the year 1989 to the second quarter ending in the year 1993. The total amount claimed by the petitioner towards overtime allowance is Rs. 11,119/-.3. Mr. S. Talapatra, learned Sr. counsel appearing for the petitioner has referred to the overtime statement dated 2.2.96 (Annexure-1) prepared by the Executive Engineer, Gas Thermal Civil Division, Rokhia which indicates the extra hours of service rendered by the petitioner and the total amount payable to him as overtime allowance. The learned Counsel has also referred to the certificates enclosed as annexu...
Jogamaya Saikia (Dr.) and ors. Vs. National Institute of Technology an ...
Court: Guwahati
Decided on: Dec-04-2007
B.P. Katakey, J.1. The appellants in WA Nos. 269 and 270 of 2004, who are the respondents in WA Nos. 355 and 356 of 2004, tiled two separate writ petitions, being WP (C) Nos. 6654 and 7202 of 2002 challenging the action on the part of the National Institute of Technology, Silchar (in short, NIT) in not allowing them to continue in their service till the age of 62 years i.e. 31.12.04 and 30.09.2004 respectively, contending inter alia that the Board of Governors of the Regional Engineering College, Silchar (in short, REC) though vide Resolution dated 19.02.99, which was approved by the State Government on 28.09.92, resolved to extend the age of superannuation of the teachers working in such Institutes from 60 to 62 years, the said benefit has not been extended to the writ petitioners, on the ground that such approval of the State Government was accorded after the said institution was converted to NIT on 28.06.2002. The NIT has contested the said writ petitions by filing affidavits-in-op...
Dadhi Das and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Dec-04-2007
Amitava Roy, J.1. The petitioners, erstwhile employees of the Assam Agro Industries Development Corporation Limited (hereafter referred to as the 'AAIDC or the Corporation), hereby seek to activate the writ jurisdiction of this Court for their absorption in State Government Departments more particularly the Agriculture Department following the closure of the Corporation. They perceive the State's denial to accommodate them in its departments to be in imperious breach of its unqualified promise and/or representation to the said effect.2. I have heard Mr. I. Choudhury, learned Counsel for the petitioners and Mr. H. Rahman, learned State Counsel, for the official respondents. None has entered appearance on behalf of the Corporation impleaded as respondent No. 7.3. To comprehend appropriately the rival stands of the parties, it is unavoidably necessary to traverse their pleadings. With the development of agriculture in the progressive lines in the State of Assam, demand for seeds, fertili...
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