Guwahati Court March 2007 Judgments
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Pratima Kumari Devi Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-14-2007
Amitava Roy, J.1. The order dated 13.09.2006 of the Principal of the Nowgaon Law College, Nagaon (hereafter for short referred to as the 'College'), rusticating the petitioner for a period of 6 years with effect from that date, forms the subject matter of challenge in the instant proceeding. The petitioner at the relevant time was a final year student of the LLB course of the College. As during the pendency of the present petition the final LLB examination under the aegis of the Gauhati University (hereafter for short referred to as the 'University'), was slated to commence from 9th of March, 2007, the petitioner approached this Court with M.C. No. 691/2007 to permit her, the impugned order notwithstanding, to complete the necessary formalities in that regard and to take the examination as a special case, after hearing the learned Counsel for the parties, this Court by order dated 05.03.2007, acceded to the prayer. Accordingly, the petitioner appeared in the final LLB examination, the...
S. Supong and ors. Vs. Financial Commissioner and ors.
Court: Guwahati
Decided on: Mar-14-2007
M.BK. Singh, J.1. Heard Mr. C.T. Jamir, learned Counsel appearing on behalf of the petitioners and Mrs. Y. Longkumer, learned Government Advocate appearing on behalf of the Government respondents.2. This writ petition has been filed praying mainly for directing the respondents to make payment of the petitioners' 12 (twelve) pending bills amounting to Rs. 9,24,015 with interest as done in many other similar cases. According to the petitioners, they are petty contractors, who executed some works under PHE Department, Phek Division during the period 1984 to 1996 and the works were also duly verified by the concerned Verification Committee. Further, according to the petitioners, though the concerned officials of the PHE Department, Phek Division initiated a process for clearing the said pending bills and requested the Finance Department for releasing sufficient fund for enabling to clear them, the later has failed to do so.3. In the counter affidavit filed on behalf of respondents 2, 3 an...
Narendra Nama Das and anr. Vs. State of Tripura
Court: Guwahati
Decided on: Mar-14-2007
Hrishikesh Roy, J.1. Heard Mr. P.K. Biswas, learned Counsel for the petitioner. Also heard Mr. D. Sarkar, learned Public Prosecutor for the State.2. This appeal has been preferred against the judgment dated 21.1.2000 passed by the learned Addl. Sessions Judge, West Tripura district in case No. S.T. 180 (W. T./A) of 1996 whereby the two accused-appellants have been convicted under Sections 120(B) and 302 IPC. On the basis of the said conviction, the two accused appellants have been sentenced to suffer rigorous imprisonment (RI) for life. A further sentence of fine of Rs. 5,000/- each has also been ordered in default of which, further RI for three months have been ordered.3. The case set up by the prosecution against the accused-appellants is that the deceased Chinu Debnath was married to one Brajendra, but she left her marital home because of torture by her husband and started to live with her father Nityananda Debnath. While residing with her father, she developed intimacy with the ac...
Assam State Electricity Board Vs. New India Assurance Co. Ltd. and anr ...
Court: Guwahati
Decided on: Mar-13-2007
T.N.K. Singh, J.1. This appeal under Section 173 of the Motor Vehicle Act 1988 is directed against the judgment and award dated 10.1.2002 passed in MAC Case No. 253/99 wherein and whereunder the learned Member, Motor Accident Claims Tribunal, Nalbari awarded a sum of Rs. 7,87,800/- (Rupees seven lakhs eighty-seven thousand eight hundred) only as compensation to the claimant (respondent No. 2 herein) and the appellant (Assam State Electricity Board represented by Executive Engineer, Nalbari Division, ASEB, Nalbari) is directed to pay 50% of the compensation.2. Heard Mr. B. D. Das, learned Counsel appearing for the petitioner as well as Mr. A. Ahmed, learned Counsel appearing for the respondent No. 1 and also heard Ms. F. Begum, learned Counsel appearing for the respondent No. 2.3. The fact in a nutshell leading to the filing of MAC Case No. 253/99 is that while late Prafulla Das (husband of the respondent No. 2-claimant Smti. Labanya Das) had been travelling in the offending vehicle (B...
Lasonowal Vs. State of Assam
Court: Guwahati
Decided on: Mar-13-2007
P.G. Agarwal, J.1. Heard Mr. K.H. Choudhury, learned Senior Advocate appearing for the appellant and Mr. D. Das, learned Public Prosecutor, Assam.2. This appeal is directed against the judgment and order dated 26.06.2001 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 93/2000 convicting the accused appellant La Sonowal under Section 376 IPC sentencing him to undergo imprisonment for seven years and to pay fine of Rs. 1000/-, in default in payment of fine, to undergo rigorous imprisonment for three months.3. Prosecution case, in brief, is that on the night of 4th March, 2000 at village Barichowa Gaon under Ghiladhari Police Station, while the victim (PW-3) (name withheld) was preparing herself to appear in the ensuing matriculation (HSLC) examination scheduled to be held on 9.3.2000, her elder sister was preparing food in the kitchen. There was none else in the house as their mother, a cancer patient, was undergoing treatment in the Assam Medical College, Dibrugarh ...
Lakshmi Press Vs. Regional Director, E.S.i. Corporation
Court: Guwahati
Decided on: Mar-12-2007
I.A. Ansari, J.1. This appeal, under Section 84 of the Employees State Insurance Act, 1948 (in short, 'the ESI Act') is directed against the judgment and order, dated August 7, 1997, passed by the Presiding Officer, Employees Insurance Corporation, Dibrugarh, in ESI Case No. 2/95, dismissing the appellant's petition, whereby the appellant had sought to invoke the powers of the learned ESI Court, under Section 75 of the ESI Act, for nullifying the demand of contribution made by the respondent Corporation by its notices, dated February 7, 1989 and February 23, 1990.2. The appellant's case, in brief, is thus: The appellant's printing press, which is run under the name and style of Lakhimi Press, was, originally, located at Kartikpara, which is the main business centre of Dibrugarh town, and at the time, when the appellant had started his printing business, it had three different Sections, namely, composition, printing, and binding and he used to employ 15 to 20 persons to work in his pri...
Sunil Chandra Paul and ors. Vs. Abdul Bari @ Helal and ors.
Court: Guwahati
Decided on: Mar-12-2007
I.A. Ansari, J.1. By this common judgment and order, I propose to dispose of all the five revision petitions, for, all these revision petitions involve identical facts and questions of law, all these revision petitions have been, on the request made by the learned Counsel for the parties, heard together.2. All these five revision petitions have arisen out of the judgment and decree, dated 25.01.2005, passed, in Title Appeal Nos. 2/2004, 3/2004, 4/2004, 5/2004 and 6/2004, by the learned Additional District Judge (Ad hoc), Karimganj, dismissing the appeal and upholding thereby the judgment and decree, dated 27.01.2003, passed, in Title Suit No. 231, 235, 236, 240 and 241/1999, whereby, while the plaintiffs-petitioners' suit was dismissed, the counter claims of the defendants-opposite parties were decreed.3, The essential facts and material stages, which have led to the present revision petitions, may, in brief, be set out as follows:(i) The petitioners herein instituted, as plaintiffs, ...
Hemshree Talukdar and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-09-2007
Amitava Roy, J.1. The petitioners similarly situated, feel aggrieved by the suppression of the select list dated 13.2.2003 for appointment as Staff Nurse under the Respondent-State and initiation of a fresh process therefor. They claim to have figured in the select list. The impugned action having annihilated all prospects of their appointment as such, they are before this Court for redress. There being an evident homogeneity in the related facts and the legal issues seeking adjudication, the petitions have been analogously heard for disposal by a common decision.2. I have Mr. P.P. Baruah, learned Counsel for the petitioner and Mr. D. Saikia, learned State counsel for the official respondents.3. The factual account provided by the petitioners deserves to be noted in nutshell. They affirm to be qualified nurses having obtained necessary diploma in nursing and midwifery under the Assam Nurses' Midwives and Health Visitors' Council (hereinafter after also referred to as the 'Council') an...
Abdul Khalique Vs. Abdul Sattar and ors.
Court: Guwahati
Decided on: Mar-08-2007
B.K. Sharma, J.1. This writ petition has been filed challenging the legality and validity of the order passed by the trial Court allowing the prayer for amendment of the plaint.2. The petitioner is the defendant No. 1 while the respondent is the plaintiff in Title Suit No. 182/2002 pending before the learned Civil Judge (Junior Division) No. 1, Karimganj. The suit has been filed by the plaintiff respondent against the defendant-petitioner and the defendant No. 2/proforma respondent for declaration of right, title, interest and khas possession over the suit land. The defendant-petitioner filed the written statement and on the basis of the pleadings, the issues have also been framed.3. When the matter was fixed for evidence of the plaintiff-respondent, he filed an application on 4.10.2004 under Order 6 Rule 17 read with Section 151 C.P.C. for amendment of the plaint. The defendant-petitioner filed objection to the prayer for amendment and upon hearing the parties, the trail Court has pa...
Vijay Singh JaIn and anr. Vs. Abdul Rahman
Court: Guwahati
Decided on: Mar-08-2007
I.A. Ansari, J.1. The order, under challenge in the present revision, was passed, on 23.06.2006, by the learned Judicial Magistrate, 1st Class, Golaghat, in CR Case No. 1026 of 2006, taking cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'the NI Act') and directing issuance of summons against the present petitioner as accused and also the order, dated 03.08.2006, passed therein, whereby issuance of warrants of arrest against the present petitioners, as accused in the said case, was directed.2. The material facts and various stages, which have led to the present revision, may, in brief, be set out as follows:(i) The opposite party herein lodged the complaint, which gave rise to CR Case No. 604/2005, the case of the complainant being, briefly put, thus: The complainant supplied green tea-leafs to M/s In do Assam Tea Co. Pvt. Ltd., a company incorporated under the Companies Act, and upon receiving delivery of the tea-leafs, the accused No. 1, na...
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