Guwahati Court July 2007 Judgments

Dandiyamyrah Vs. State of Assam

Court: Guwahati

T. Nandakumar Singh, J.1. The appellant-accused of the present appeal is challenging the judgment dated 13.11.2001 passed by the learned Additional Sessions Judge No. 1, Tinsukia in Sessions Case No. 70(T)/01 convicting the appellant-accused under Section 302 IPC and sentencing to undergo rigorous imprisonment for life for committing the murder of his son Bablu Murah.2. Heard Miss N. Hawelia, learned Amicus Curiae appearing for the appellant-accused and also Mr. B.B. Gogoi, learned Public Prosecutor appearing for the State of Assam.3. The prosecution story, as unfolded during the trial, in a nutshell are that the PW-8, Dr. Pratap Ch. Saikia, Medical Officer of Rajgarhali General Hospital, Bozaloni Group Limited lodged an ejahar that on 23.3.2001 at about 9.30 P.M. Bablu Murah, aged about 7 years (deceased victim) was assaulted with sharp weapon over the head by his father Dandiya Murah of Bozaloni Tea Estate (appellant-accused) and Bablu died on the way to Rajgarh General Hospital bef...

Rintu Das Vs. State of Assam

Court: Guwahati

Aftab Hussain Saikia, J.1. Heard Mrs. R. Borbora, learned Amicus Curiae and also Mr. P.C. Gayon, learned P.P., Assam.2. This criminal jail appeal has been preferred by the appellant from jail challenging his conviction under Section 302 IPC and resultant sentence to life imprisonment passed by the learned Sessions Judge, Hailakandi by his order dated 12.9.2001 in Sessions Case No. 17/1999.3. The prosecution case is in a short compass as emerged from the ejahar lodged on 31.3.98 by one Rajani Das, father of the accused/appellant P.W.-4 with the Katilicherra Police Station is that on 31.3.98 at about 4.30 p.m. when the local residents and P. W. 4 had assembled in the house of Shankar Das, P.W.-1 to discuss about his family problem, they heard outcries and on going there he found that his son Rintu Das, the appellant killed his wife Champa aged about 19 years by hitting her in the head with a spade.4. On the basis of such information lodged with the Police, the investigation ensued. The...

Abdul Sufan Laskar and ors. Vs. State of Assam

Court: Guwahati

A.P. Subba, J.1. This revision petition filed under Sections 397/401 and 482 Cr.P.C. read with Article 227 of the Constitution is directed against the Judgment and Order dated 26.5.2003 passed by the learned Sessions Judge, Hailakandi, in Crl. Appeal No. 20/02 affirming the Judgment and Order dated 21.9.2002 passed by the learned Chief Judicial Magistrate, Hailakandi in GR Case No. 538/1995 convicting the petitioners under Sections 147/324 IPC and sentencing them to undergo simple imprisonment for one month and fine of Rs. 100/- under Section 147 IPC and simple imprisonment for 2 months Under Section 324 IPC.2. The facts of the case giving rise to this revision may briefly be stated as follows:3. On 15.6.1995 one Mainul Haque Laskar (P.W. 2) lodged an FIR with Hailakandi P.S. alleging that when his brother, Abdul Haque, was ploughing his own land the accused petitioners numbering 8 armed with weapons like lathi, dao, lenza etc. charged him of ploughing their land. When Abdul Haque ass...

Sterlite Optical Technologies Ltd. Vs. Oil India Limited and ors.

Court: Guwahati

I.A. Ansari, J.1. Whether optical fibre, cable and accessories are leviable under the Assam Entry Tax Act, 2001 (in short, 'the Act of 2001'), is the moot question in the present writ petition. This question, in turn, brings one to a more important question and the question is: whether the word 'include', appearing in the definition clause of an enactment, shall always be interpreted to have been used for expanding the definition of a given term or can the use of the word 'include' be illustrative, clarificatory or exhaustive? Yet another question, which the present writ petition raises, is as to how one shall determine if the word 'include', appearing in any definition clause of an enactment, has been used to convey exhaustiveness and not expansiveness.2. Bearing in mind the questions, which have been raised in the present writ petition, let me, now, turn to the material facts leading to this writ petition. These facts may be set out as follows:(i) The petitioner, namely, M/s Sterlit...

Bijoyananda Chowdhury and anr. Vs. State of Assam and ors.

Court: Guwahati

B.P. Katakey, J.1. The petitioner claiming to be a public spirited person filed the writ petition, which has been registered as PIL No. 8/2001, for directing the respondent authorities to provide the daily basic amenities to the inmates of different jails in the State of Assam, which includes food, medicines etc. and also challenging the action of the State respondents in settling part of the land kept reserved for the Guwahati Jail, with the private respondents.2. The writ Petition (C) No. 4551/2006 has been filed by the Purbattor Udyog Handicraft Co-operative Societies Limited, respondent No. 12 in PIL No. 8/2001 and one of the settlement holders of the part of the land which was previously kept reserved for Guwahati Jail, challenging the order dated 30.8.2006 passed by the Addl. Chief Secretary to the Govt. of Assam, Revenue Department, canceling the order of settlement made in their favour on 13.9.2005, basically on the ground of violation of the principles of natural justice. Sin...

State of Tripura and ors. Vs. Jharna Rani Pal and anr.

Court: Guwahati

A.B. Pal, J.1. The Judgment and award dated '23.11.1999 passed by the District Judge, West Tripura, Agartala in T.S. (F. A.) No. 07 of 1997 stands impugned in the present appeal preferred by the State of Tripura. An amount of Rs. 4,00,000/- (rupees four lakhs) with interest at the rate of 12% per annum on failure to pay the amount to the claimants-respondents within a period of three months has been awarded by the judgment impugned.2. In a tragic accident four members of a family were electrocuted to death on 2.10.1996. On the fateful evening the deceased Gautam Paul (35) along with his wife Rachana Paul (25) and their two daughters aged 8 and 4 were returning home from Maharajganj Bazar. Due to heavy rain-pour even the main road went underwater. Unfortunately, a live electric wire from the main power line had fallen on the road, which could not be noticed due to rainwater and darkness. Gautam came in contact with the said live wire and got electrocuted. He cried for help. To save him...

Taiyab (Md.) and anr. Vs. Meghalaya Board of Wakf and ors.

Court: Guwahati

B.D. Agarwal, J.1. Two aspirants to the office of the joint Mutawallis in Wakf Trust created by late Haji Elahi Baksh have filed these applications under Article 227 of the Constitution of India read with Section 83(9) of the Wakf Act, 1995 challenging the judgment and order dated 19.7.2006 passed by the learned Presiding Officer, Wakf Tribunal, Shillong. By this impugned order, the learned Presiding Officer of the tribunal has held that both the petitioners are not entitled to inherit/succeed the Mutawalliship on the death of founder Mutawallis. Being aggrieved with this order, the aforesaid writ petition and the revision application have been filed. Since the cases are arising out of the same order and since the subject matter is one and the same, both the revision applications were heard analogously and are being disposed of by this common judgment.2. I have heard Shri Ranjit Kar, learned Counsel representing Md. Taiyab, Mr. D.K. Thapa, learned Counsel for the petitioner, Md. Zakar...

Oriental Insurance Co. Ltd. Vs. Himangshu Ch. Deb and anr.

Court: Guwahati

Reported in: 2009ACJ1359

A.B. Pal, J. 1. This appeal by the insurer, Oriental Insurance Co. Ltd., is directed against the judgment dated 30.7.2002 passed by learned Commissioner, Workmen's Compensation, West Tripura, Agartala in T.S. (WC) No. 21 of 1997 whereby after awarding Rs. 1,87,182 in favour of the claimant-respondent as compensation for the injuries sustained by him in a motor accident, the insurer appellant has been held liable to pay the amount awarded with interest at the rate of 12 per cent per annum and penal interest at the rate of 16 per cent per annum on failure to pay the amount within a period of three months from the date of judgment and award impugned.2. We have heard Mr. Gautam, learned Counsel appearing for the appellant insurer and Mr. Dutta, learned Counsel appearing for the claimant-respondent. None appears on behalf of the owner, respondent No. 1 herein.3. The short question which has fallen for consideration is whether the insurer can be held liable under the relevant provisions of t...

M. Chummi Ahmed Lrs. of Zeenat Ahmed Vs. Kelis Thabah and anr.

Court: Guwahati

B.P. Katakey, J.1. This Letters Patent Appeal has been filed by the appellant against the Judgment and order dated 4.6.1997 passed in First Appeal No. 8 (SH) of 1996, filed by the present respondent No. 1, where by and where under the said appeal has been allowed by setting aside the order dated 3.4.1996 passed by the learned Additional Deputy Commissioner, East Khashi Hills District, Shillong. In Title Suit No. 8(T) of 1995 dismissing the suit filed by the appellant, on the ground that the said suit is barred by the principle of res judicata because of the Judgment and order dated 6.11.1990 passed by the Additional Deputy Commissioner, East Khashi Hills District, Shilling in Title Civil Appeal No. 4(T) 1989 confirmed by the High Court vide Judgment and order dated 26.5.1995 passed in Civil Revision No. 9(SH) of 1991.2. The facts in brief, relevant for the purpose of disposal of the present appeal, are noted here in below:(i) The suit being Title Suit No. 9(T) of 1982 was filed by the...

S.P. Singh Yadav Vs. Union of India (Uoi) and ors.

Court: Guwahati

Hrishikesh Roy, J.1. Heard Mr. P.K. Tiwari, learned Counsel appearing for the petitioner. Also heard Mr. D.K. Das, learned Standing counsel representing the CBI.2. The Director General of Police of Provincial Armed Constabulary (PAC) U.P. Mahanagar Lucknow, arrayed as respondent No. 4, although served notice, has chosen not to appear in the court.3. The petitioner, who was initially appointed as a Sub-Inspector in U.P. Police, was appointed on 14.10.93 as Inspector of Police in CBI w.e.f. 24.9.93 on being sent on deputation to the CBI by the U.P. Police. The petitioner served in the CBI from 1993 and during the initial years of his service in CBI from 1993 to 1998, he was graded outstanding and also was chosen for 17 cash rewards and 19 commendation certificates for the excellent service and the investigation rendered by him while on deputation with the CBI.4. On 26.4.2000, a suspension order came to be passed under Rule 5(1) of the Delhi Special Police Establishment (Subordinate Rank...