Guwahati Court August 2007 Judgments

K. Vikheho Sema Vs. State of Nagaland

Court: Guwahati

B.D. Agarwal, J.1. The petitioner is a Government employee. He is presently serving as a Ranger in the Forest Range Office, Chumukedima under Divisional Forest Officer, Dimapur Division. The revision petitioner has been charged with misappropriating a sum of Rs. 8,40,668/-, which he had allegedly collected as forest revenue but not deposited in the treasury. It is the prosecution case that the alleged defalcation misappropriation of Government revenue was done during the period 1991 to 1995.2. The FIR was lodged by the DFO, Phek Division on 17-11-2005 with an allegation-that the accused had misappropriated a sum of Rs. 10,78,901/-, which was collected by him as forest revenue but the same was not deposited in the treasury, despite repeated reminders. The FIR was registered as Meluri P.S. Case No. 6 of 2005 Under Section 406 of the Indian Penal Code. After investigation, the charge-sheet was submitted on 21-7-2006, wherein the amount of alleged misappropriation was shown to be Rs. 8,40...

State of Tripura and anr. Vs. Nishit Bidyut Biswas

Court: Guwahati

B.K. Sharma, J.1. Heard Mr. P. Deb Roy, learned Counsel appearing for the State appellant as well as Mr. A. Lodh, learned Counsel representing the respondent-writ petitioner.2. By means of this appeal, the appellants have put to challenge the judgment and order dated 11.11.99 passed by the learned Single Judge in the writ petition being Civil Rule No. 605 of 1994, later on re-numbered as Civil Rule No. 118 of 1996 by which a direction was issued to consider the case of the writ petitioner-respondent for promotion to the post of Executive Engineer with effect from 15.12.88 from which date his juniors were so promoted.3. The respondent herein filed the writ petition in the year 1994 praying for a direction to the appellants herein to promote him as Executive Engineer with effect from 15.12.88. The prayer was made on the ground that the respondents Nos. 3 and 4 who were juniors to him had been promoted with effect from 15.12.88. But on perusal of the writ petition what has transpired is ...

Jutika Paul and ors. Vs. Bhubaneswari Sheel and ors.

Court: Guwahati

T. Nanda Kumar Singh, J.1.The challenge in this second appeal by the appellants/defendants is to the Judgment and decree dated 2.3.02 passed by the learned Civil Judge (Senior Division), at Karimganj in Title Appeal No. 17/2000 dismissing the appeal and affirming the Judgment and decree dated 21.2.2000 passed by the learned Civil Judge (Junior Division No. 2) Karimganj decreeing the Title Suit No. 15/81 in favour of the respondents/plaintiffs.2. Heard Mr. B.K. Goswami, learned Senior Counsel assisted by Mr. P. Bhowmik appearing for the appellants/defendants as well as Mr. P.K. Roy Choudhury, learned Counsel appearing for the respondents/plaintiffs.3. The basic pleaded case of the respondents/plaintiffs leading to the filing of the Title Suit No. 15/81 in the Court of the learned Munsiff No. 1 (Civil Judge, Junior Division No. 2), Karimganj against the appellants/defendants are that the respondents/plaintiffs are the tenants in respect of 119 square cubits of land described in Schedule...

New India Assurance Co. Ltd. Vs. Chet Prasad Joshi

Court: Guwahati

T. Vaiphei, J.1. This M.A.C. appeal is directed against the judgment and award dated 5.10.2006 passed by learned Member, Motor Accidents Claims Tribunal, Shillong in M.A.C. Case No. 56 of 2004 awarding a compensation of Rs. 4,33,777 together with interest at the rate of 7 per cent per annum to the sole respondent-claimant.2. The facts material for disposal of the appeal may be noticed at the very outset. On 11.9.2004 at about 7.45 a.m., a truck bearing registration No. ML 05-c 21085, which was proceeding from parking lot of Bawri Saw Mills towards Luckier Road along the National Highway 40, knocked down one Minu Joshi, a pedestrian, who was standing in from of Hanuman Mandir, Luckier Road. The victim sustained grievous injuries, was removed to Civil Hospital, Shillong, but she succumbed to her injuries before reaching the hospital. In connection with the accident, the police resisted Lumdiengjri P.S. Case No. 101(9) of 2004 under Sections 279/427/304-A, Indian Penal Code. Deceased is ...

Gedo Doke Vs. State of Arunachal Pradesh

Court: Guwahati

Aftab Hussain Saikia, J.1. Heard Mr. P.K. Tiwari, learned Counsel for the appellant as well as Mr. B. Banerjee, leamed P.P. Arunachal Pradesh.2. The appellant has fought his conviction under Section 302 IPC and sentence to undergo life imprisonment with a fine of Rs. 1000/- handed down to him by the learned Additional Sessions Judge, Fast Track Court, Basar, Arunachal Pradesh by his Judgment and order in BSR Sessions case No. 55 of 2002 dated 29.11.2005.3. The factual matrix, as unfolded by the prosecution is that P.W. 1 Handa Taipodia, father of the deceased Dohen Taipodia lodged an ejahar with the Gensi Police Station, West Siang District on 17.3.1992 alleging that the appellant shot his son the deceased, by gun on 16.3.1992 at about 9:00 p.m. at Gensi village. It was further alleged that the deceased was shot dead just in front of the residence of one M. Doke.4. Thereafter, on the basis of this information Police registered a case under Section 302 IPC and started investigation. On...

Gedo Doke Vs. State of Arunachal Pradesh

Court: Guwahati

Reported in: 2007(4)GLT326

Aftab Hussain Saikia, J.1. Heard Mr. P.K. Tiwari, learned Counsel for the appellant as well as Mr. B. Banerjee, leamed P.P. Arunachal Pradesh.2. The appellant has fought his conviction under Section 302 IPC and sentence to undergo life imprisonment with a fine of Rs. 1000/- handed down to him by the learned Additional Sessions Judge, Fast Track Court, Basar, Arunachal Pradesh by his Judgment and order in BSR Sessions case No. 55 of 2002 dated 29.11.2005.3. The factual matrix, as unfolded by the prosecution is that P.W. 1 Handa Taipodia, father of the deceased Dohen Taipodia lodged an ejahar with the Gensi Police Station, West Siang District on 17.3.1992 alleging that the appellant shot his son the deceased, by gun on 16.3.1992 at about 9:00 p.m. at Gensi village. It was further alleged that the deceased was shot dead just in front of the residence of one M. Doke.4. Thereafter, on the basis of this information Police registered a case under Section 302 IPC and started investigation. On ...

Manager Baroi @ Borai Vs. State of Arunachal Pradesh

Court: Guwahati

Aftab H. Saikia, J.1. Heard Mr. B. Kalita, learned Counsel for the appellant as well as Mr. B. Banerjee, learned Public Prosecutor, Arunachal Pradesh representing the State of Arunachal Pradesh.2. The conviction under Section 302 IPC and resultant sentence to imprisonment for life and to pay fine of Rs. 3,000/-, in default to undergo further rigorous imprisonment for 6 (six) months so handed down to the appellant by the learned Additional District and Sessions Judge, Fast Track Court, Eastern Zone, Namsai by his Judgment and Order dated 17.5.2005 passed in Sessions Case No. 12/01 has been assailed by preferring this Criminal Appeal by the appellant.3. The facts in brief as projected by the prosecution are that-One Smt. Durgabati Devi was murdered by her husband, the appellant on 14.11.91 and to this effect an FIR was lodged by one Sri A. Perme, S.I., P. W. 6 who was entrusted with the investigation of the case and after conducting an enquiry in the matter and on the basis of a writte...

Gopi Kanta Bania and anr. Vs. Hemolata Devi and ors.

Court: Guwahati

T. Nanda Kumar Singh, J.1. Heard Mr. C.K.S. Baruah, learned Senior Counsel assisted by Mr. P.P. Das for the appellants/defendants and Mr. M.H. Rajbarbhuiyan, learned Counsel appearing for the respondents/plaintiffs.2. The challenge in this second appeal is to the Judgment dated 27.3.2002 passed by the learned Civil Judge (Senior Division) No. 2, Guwahati in Title Appeal No. 43/2000 dismissing the appeal and upholding the Judgment and decree dated 9.6.2000 passed by the learned Civil Judge (Junior Division) No. 1, Guwahati in T.S. No. 7/91 decreeing the suit in favour of the plaintiffs/respondents.3. The short facts which would be sufficient for deciding the present appeal are that the respondents/plaintiffs filed the Title Suit No. 7/91 against the present appellants/defendants for a decree of ejectment of the appellant-defendant and his men from the suit premises described in Schedule A to the plaint and also for a decree for arrear of house rent to be paid by the appellants/defendan...

Bibhu Charan Barua Vs. Nani Gopaldeva Goswami and ors.

Court: Guwahati

Amitava Roy, J.1. Whereas the appeal registers a challenge to the order dated 9.4.2007 passed by the learned Civil Judge (Senior Division), Jorhat in Misc (J) Case No. 102/2007 arising out of Title Suit No. 1/2007 granting ad interim injunction in favour of the respondents/plaintiffs restraining the petitioner, his men, agents etc. from dispossessing them (respondents-plaintiffs) from the suit property pending disposal of the suit, the revision petition is directed against an order of the same date passed in Misc (J) Case No. 4/2007 registered on an application filed under Order 21, Rule 29 of the Code of Civil Procedure (hereinafter referred to as the 'Code') in Title Execution Case No. 1/2007 by the respondent-plaintiff, thereby staying the proceeding till disposal of the aforementioned suit. By the said order, the application under Section 47 of the Code submitted for stay of the execution proceeding by the Opposite party/judgment debtor was also allowed.2. Misc Case No. 1916/2007 ...

Nandalal Parshuram and anr. Vs. Agricultural Ito and ors.

Court: Guwahati

I.A. Ansari, J.1. The material facts, which are not in dispute and which have given rise to the present writ petition, may, in brief, be set out as follows:2. Petitioner No. 1, namely, M/s. Nandalal Parshuram, a registered partnership firm under the Partnership Act, owns a tea estate known as Sookerating Tea Estate, Doomdoma, Assam, and is engaged in the business of plantation, manufacture and sale of tea, petitioner No. 2 being a partner of the petitioner-firm. Respondent No. 1, namely, the Agricultural Income Tax Officer, Assam, assessed the agricultural income-tax payable by the petitioner-firm, for the assessment years 1986-87, 1987-88 and 1990-91, at Rs. 4,80,559, Rs. 3,33,342 and Rs. 77,627, respectively. Having so completed the assessment of agricultural income-tax, respondent No. 3 raised a demand, on 30-3-1995, for payment of Rs. 4,80,559, Rs. 3,33,342 and Rs. 77,627 under Section 23 of the Assam Agricultural Income Tax Act, 1939, (in short, 'the said Act'), directing the pet...