Guwahati Court March 2007 Judgments
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Anjan Das Vs. State of Assam
Court: Guwahati
Decided on: Mar-21-2007
A.H. Saikia, J.1. The conviction of the appellant under Section 302 IPC and subsequent sentence to rigorous imprisonment for life with a fine of Rs. 2000.00 in default for another 3 months rigorous imprisonment handed down by the learned Sessions Judge, Hailakandi on 24.07.2001 in Sessions Case No. 82 of 2000 is the subject matter of challenge in this criminal appeal so preferred by the appellant from jail.2. The prosecution case in brief as unfolded by the F.I.R. lodged by P.W. 1 Digendra Ch. Das with the Officer-in-Charge, Lala Police Station on 31.07.2000, is that at about 11 a.m. on last Sunday i.e., 30.07.2000 when the informant was ploughing his land his wife late Prabhasini Das, deceased, was the only person at home. Suddenly the appellant came to his house and hacked his wife in her neck, hands and abdomen with sharp weapon. Immediately a commotion was raised in the area and the neighbouring people started gathering there. Having been informed, the P.W. 1 Digendra Ch. Das came...
Shri Parimal Gowala and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Mar-20-2007
T. Nandakumar Singh, J.1. The appellants/accused of this appeal is challenging the judgment and order dated 12-9-2001 and the order for sentence dated 15-9-2001 passed in S.T. 22 (WT/K) 2000 by the learned Additional Sessions Judge, West Tripura, Khowai convicting the appellants/ accused under Section 364 read with Section 34, I.P.C. sentencing them to suffer Rigorous Imprisonment for 10 years and to pay fine of Rs. 3000/- each I.D. to suffer further R.I. for 3 months and under Section 302 read with Section 34, I.P.C. sentencing them to suffer R.I. for life and fine of Rs. 5,000/-each I.D., to suffer further R.I. for 5 months and the sentences will run concurrently.2. The golden thread which runs throughout the cobweb of criminal Jurisprudence as administered in India is that nine guilty may escape but one innocent should not suffer. But at the same time no guilty should escape unpunished once the guilt has been proved to hilt. An unmerited acquittal does no good to the society. If th...
G.E. Lightings (India) Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-20-2007
Ranjan Gogoi, J.1. An order dated 20.11.2001 passed by the learned Assam Board of Revenue affirming the order dated 27.11.1998 passed by the Deputy Commissioner of Taxes in exercise of the suo motu power of revision under Section 36 of the Assam General Sales Tax Act, 1993 ('the Act') has been assailed in the present writ petition.2. The relevant facts may briefly be enumerated at the outset:The petitioner is a Limited Company having its Head Office in Bangalore and a Branch Office in Guwahati. It is engaged in the business of manufacture and sale of electrical goods. In course of its business, electrical goods are brought to the Branch Office in Guwahati on the basis of stock transfers from the Head Office in Bangalore and such goods are sold within the State of Assam. For the assessment year 1995-96 the petitioner company submitted its return under the provisions of the Act. In the said return the petitioner-company showed receipt of goods of the value of Rs. 1,34,41,499.89 includin...
Aradhana Das Vs. Karuna Kanta Hazarika and anr.
Court: Guwahati
Decided on: Mar-20-2007
I.A. Ansari, J.1. With the help of the present application made under Article 227 of the Constitution of India, the plaintiff has challenged the order, dated 16.2.2006, passed, in Title Suit No. 01/99, by the learned Civil Judge (Junior Division) No. 2, Tezpur, whereby the learned Court below has rejected, inter alia, the plaintiff-petitioner's prayer for amendment of her plaint.2. I have heard Mr. T.C. Khetri, learned Senior counsel, for the plaintiff-petitioner, and Mr. A.R. Banerjee, learned Senior counsel, appearing on behalf of the defendants-respondents.3. The material facts and various stages, which have led to the present writ application, may be set out as follows:(i) The petitioner's case, as plaintiff, in Title Suit No. 1/99, is, in brief, thus: The plaintiff, in terms of a sale deed, dated 22.09.94, which was registered, on 28.9.2004, at the office of Tezpur Sub-Registrar, purchased, in consideration of Rs. 35,000/- from M/s. Bhomra Brothers, a partnership firm, 3 (three) ...
Narayan Chanda and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Mar-19-2007
A.B. Pal, J.1. This appeal is directed against the judgment dated 23rd August, 1999 by the Assistant Sessions Judge, North Tripura, Kailashahar in Sessions Trial No. 53(N.T/K) of 1988 convicting the first appellant under Section 376 and 363 of the Indian Penal Code (for short 'IPC') and other two appellants under Section 363 of IPC. While the first appellant has been sentenced to undergo rigorous imprisonment for 5 years each under Section 376 of I.P.C. and 363 of I.P.C, the second and third appellants have been sentenced to undergo rigorous imprisonment for 5 years under Section 363 of I.P.C. A further direction has been given by the learned trial Court that in case of the first appellant both the sentences would run consecutively.2. 1 have heard Mr. S.M. Ali, learned Counsel for the appellants and Mr. D. Sarkar. learned Public Prosecutor assisted by Mr. R.C. Debnath, learned Special Public Prosecutor for the respondent.3. The factual matrix leading to the criminal proceedings may b...
Rajesh Paul Choudhury Vs. State of Assam
Court: Guwahati
Decided on: Mar-19-2007
P.G. Agarwal, J.1. Heard Mr. J.M. Choudhury, learned Senior Counsel appearing on behalf of the accused appellant and Mr. P.C. Gayan, learned P.P.This appeal is directed against the judgment and order dated 20.6{2001 passed by the Sessions Judge, Cachar, Silchar in Sessions Case No. 66/98 (GR Case No. 1730/95) whereby the accused appellant was convicted under Section 497, IPC and sentenced to imprisonment for three years.2. In Sessions Case No. 66/98, the accused appellant Sri Rajesh Paul Choudhury was tried for commission of offence under Sections 306/497, IPC. During trial, the prosecution examined as many as 8 witnesses and on conclusion, the learned Trial Court acquitted the accused appellant from the charge under Section 306, IPC; but convicted him for the offence under Section 497, IPC and sentenced to imprisonment for three years and hence, the present appeal.3. Smt. Reba Biswas (since deceased) was married to Dwiptendu Biswas, the informant, in the year 1985 and out of the said...
Nyajum Padu and ors. Vs. Commissioner and Secretary, Pwd, Govt. of Aru ...
Court: Guwahati
Decided on: Mar-19-2007
Z. Angami, J.1. A number of cases have been listed together for hearing and ultimately the above mentioned cases were heard together. Before proceeding with the discussions on the issues raised in the above writ petitions it is considered to make a reference to the specific issues raised in each of the writ petitions as involving interested parties.2. In WP(C) No. 294 (AP) 2005, the validity of order dated 21.5.2005 has been challenged. Shri Nyajum Padu, a promotee, is the sole petitioner. Respondents No. 1 and 2 are the State respondent authorities. Respondents No. 3 to 27 are private respondents who are direct recruits. The petitioner and the private respondents are in the same grade of Assistant Engineer under PWD, Government of Arunachal Pradesh. By order dated 21.5.2005, the appointments of private respondents to the post of Assistant Engineer were ordered to be regularized with effect from the date of the recommendation of the Arunachal Pradesh Public Service Commission effectin...
Indian Oil Corp. Ltd. and anr. Vs. Prasanna Welding Industries and ors ...
Court: Guwahati
Decided on: Mar-19-2007
Amitava Roy, J.1. By this application, the respondent No(s) 3 and 4 in W.P. (C) No. 3883 of 2006 seek a review of the judgment and order dated September 20, 2006 in W.P. (C) No. 3883 of 2006 Reported in [2007] 7 VST 76.2. I have heard Dr. A.K. Saraf, Senior Advocate, assisted by Mr. D. Baruah, Advocate, for the review applicants, Mr. S. Nath, learned Counsel for the petitioner and Mr. D. Saikia, learned Standing Counsel, Finance Department.3. To appreciate the rival submissions the writ petitioner's case, in short, needs narration at the outset. The Indian Oil Corporation, Digboi, (for short, referred to as 'the IOC') vide work orders No. (1) 17278163 dated August 12, 2005 and (2) 17411869 dated May 18, 2006 entrusted to the petitioner the work of general cleaning and miscellaneous jobs at plant area, etc., and of maintenance of DCU at Digboi Refinery. After the completion of the works, the petitioners submitted their bills for payment. The IOC, however, deducted tax under the Assam V...
Kusumbar BuragohaIn Vs. State of Assam
Court: Guwahati
Decided on: Mar-19-2007
A.H. Saikia, J.1. Heard Mr. T.R. Sarma, learned Counsel appointed as Amicus Curiae by this Court today itself as Mr. T.Dhar, learned Counsel earlier appointed as Amicus Curiae is found to be absent when the matter is taken up for final hearing though his name has been duly reflected on the board of the cause list for hearing commencing from 05.03.2007 to 23.04.2007.2. Also heard Mr. B.B. Gogoi, learned P.P, Assam.3. This jail appeal has been directed against the judgment and order dated 05.01.2000 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 88(T)/99 convicting the appellant under Section 302 IPC and thereby sentencing him to undergo imprisonment for life with a fine of Rs. 500/-in default further R.I. for two months.4. On the basis of an FIR lodged by P.W.-1 Shri Guna Kanta Buragohain with the Officer-in-charge, Sadia Police Station, Chapakhowa on 14.05.99 wherein it was alleged that his elder brother Shri Kusumbar Buragohain, the appellant, killed his wife Aik...
G.R. Engineering Works Ltd. Vs. Oil India Ltd. and ors.
Court: Guwahati
Decided on: Mar-19-2007
I.A. Ansari, J.1. In order to reduce safety hazard, M/s. Oil India Ltd. ('OIL'), a Government of India Enterprise, proposed to replace its existing LPG storage bullets with mounded LPG storage bullets. For the purpose of implementing the said proposal, OIL, (i.e., the respondent No. 1 herein), appointed respondent No. 2, namely. Engineers India Ltd. ('EIL'), as their consultant. Acting upon this appointment, the EIL, on behalf of the OIL, published, on 26.4.2006, a notice inviting tender (NIT). This NIT was followed by a corrigendum published on 29.5.2006. By the NIT, so published, respondent No. 2 invited sealed bids for the said project under single stage two envelope system from competent Indian agencies with sound technical and financial capabilities and meeting the qualification criteria as stated in Para 6.0 of the said NIT. The writ petitioner, namely, M/S. G.R. Engineering Works Ltd., a public limited company, registered under the Companies Act, and the respondent No. 3, namel...
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