Guwahati Court September 2007 Judgments
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Brij Pal Tanwar Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Sep-18-2007
B.K. Sharma, J.1. The petitioner, serving in the Air Force as Sergeant (Sergeant), is aggrieved by denial of promotion to the next higher rank of junior Warrant Officer (JWO).2. The petitioner joined Indian Air Force on 04.11.88 as a regular Airman. Presently he is serving as Sergeant It is his case that the Airmen much junior to him have been illegally included in the promotion penal for the year 2006-2007 for promotion to the next higher grade of JWO in the capacity of Acting Paid JWO.3. According to the petitioner, the respondents while preparing the penal for promotion to the rank of JWO in the capacity of Acting Paid JWO have violated the Air Force Instruction (API) (Annexure-A). The petitioner has put to challenge the Circular dated 23.09.02 issued by the Air Force authority which according to the petitioner is in contravention and deviation of the AFI referred to above which has got statutory force. It is the case of the petitioner that the Chief of Air Staff (CAF) who has iss...
Ranjan Saha Vs. State of Tripura
Court: Guwahati
Decided on: Sep-17-2007
R.B. Misra, J.1. Both the Criminal Appeals are being taken up together for hearing as both the appeals have arisen from the same judgment and as such they are being disposed of by this common judgment.2. Heard Mr. S. Chakraborty, learned Counsel for the appellant of Criminal Appeal No. 51 of 2000 and respondents in Criminal Appeal No. 64 of 2000. Also heard Mr. A. Ghosh, learned Additional Public Prosecutor for the respondent in Criminal Appeal No. 51 of 2000 and appellant in Criminal Appeal No. 64 of 2000.3. Criminal Appeal No. 51 of 2000 has been preferred by the accused/appellant Under Section 374(2) of Cr. P.C. against the judgment and order of conviction and sentence dated 24-5-2000 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Case No. 61 (WT/K) 99 sentencing him to pay a fine of Rs. 60,000/-in default to suffer rigorous imprisonment for 5 (five) years, for commission of offence punishable Under Section 304, Part II of IPC.4. Criminal Appeal No. 64 o...
Arunamayee Bishaya and ors. Vs. Rabindra Kumar Bora and ors.
Court: Guwahati
Decided on: Sep-17-2007
I.A. Ansari, J.1. By this Civil Revision Petition, the plaintiffs, as landlords, have put to challenge the judgment and decree, dated 28.07.2000, passed by the learned Civil Judge (Senior Division), No. 1, Kamrup, in Title Appeal No. 38/99, allowing the appeal and reversing thereby the judgment and decree, dated 26.03.99, passed, in Title Suit No. 17/87, whereby the learned Civil Judge (Junior Division), No. 1, Kamrup, had decreed the suit on the ground that the defendants were defaulter in making payment of the rent.2. The material facts and various stages, which have led to the present revision, may, in brief, be set out as follows:(i) The plaintiffs instituted Title Suit No. 17/87 aforementioned, their case being, in brief, thus: the suit premises, originally, belonged to one Radha Mohan Goenka under whom late Hridayananda Bora, predecessor-in-interest of the defendants, was a tenant at a monthly rental of Rs. 175/-, the rent being payable by the first week of each succeeding month...
Andrew Banrilang Umdor Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Sep-17-2007
A.P. Subba, J.1. In this writ petition filed under Article 226 of the Constitution of India the petitioner has sought for issuance of a writ in the nature of Mandamus and/or certiorari for quashing Notification No. PW/Admn-32/2000/47 (B) issued under Memo No. PW/Admn-32/2000/47 (AA) dated 12.07.2007, whereby he has been transferred from his present place of posting to another station before completion of his tenure in violation of the professed policy of transfer and posting.2. Having regard to the urgency involved in the matter and as agreed to by the learned Counsel for the parties, this writ petition is being disposed of at the admission stage. Accordingly, Mr. M. Chanda, the learned Counsel for the petitioner, Mr. E.C. Suja, the learned Counsel for the State respondents and Mr. T.T. Diengdoh, the learned Counsel for the respondent No. 4 were heard at length.3. The case of the petitioner, in a nutshell, is that he was promoted and posted as Executive Engineer, PWD (Roads) NH Shillo...
Dhiren Baruah Vs. State of Assam
Court: Guwahati
Decided on: Sep-14-2007
H.N. Sarma, J.1. The appellant, Sri Dhiren Baruah having been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/-, in default, further rigorous imprisonment for two months vide order dated 23.4.2003 passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 131(S-S) of 2001, has preferred this criminal appeal from jail.2. We have heard Mr. K.K. Gupta, learned Amicus Curiae on behalf of the appellant and Ms. A. Begum, learned Public Prosecutor representing the State.3. The prosecution case in brief is that-An FIR was lodged by one Dharmeswar Baruah, P.W. 1 on 12.7.2001 alleging that his nephew Sri Dhiren Baruah assaulted his wife, Smt. Junu Baruah (deceased) with iron rod, bamboo lathi and also strangulating her on the night of 11.7.2001 as a result of which she died on 12.7.2001 at about 8.00 a.m. On the basis of such information, Cherakapar Police Outpost registered the Cherakapar O.P.G.D. No. 182/01 and ...
Taleb Ali and ors. Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Sep-14-2007
U.B. Saha, J.The petitioners, 6 (six) in numbers, out of whom five of them, i.e. petitioners-1 to 5, are elected members of Erani Gram Panchayat under Gouranagar Rural Development Block, District North Tripura, Kailashahar and petitioner No. 6 was the General Secretary of Tripura Pradesh Congress Committee, who is also an elected member of the North Tripura Zilla Parishad under the Tripura Panchayat Act, 1993 (for short 'the Act') in the year 2004. The respondent No. 6 is the authorised person to issue direction (whip) under Section 16 of the aforesaid Act on behalf of the Indian National Congress (for short 'INC') on the elected members of Erani Gram Panchayat under the jurisdiction of the Gouranagar Rural Development Block, as the President of the Tripura Pradesh Congress Committee authorized him.2. The present petition is filed by the petitioners for quashing the decision of the Block Development Officer (BDO), Gouranagar Rural Development Block in his letter dated 05.04.2007 (Ann...
Amolok Singh Vs. State of Tripura
Court: Guwahati
Decided on: Sep-13-2007
U.B. Saha, J.1. The present appeal is directed against the judgment dated 06.09.2001 passed by the Sessions Judge, North Tripura, Kailashahar in case No. S.T 3 (NT/K) of 2000 wherein the appellant Amolok Singh was convicted under Section 302 IPC and sentenced to suffer imprisonment for life and also to pay fine of Rs. 20,000/- (Rupees twenty thousand), in default, to suffer R.I. for two years. The learned Trial Court also passed order that the sentence will run concurrently.2. We have heard Mr. P.K. Biswas, learned Counsel for the appellant and Mr. D. Sarkar, learned P.P., Tripura assisted by Mr. R. Debnath, learned Counsel for the respondent.3. The prosecution case, in short, is that: From 21.04.1996 one Platoon of C-Coy, 93 Bn CRPF was deployed to guard the election materials kept in the Strong Room of the SDO Office, Kailashahar, in which the appellant Amolok Singh as well as S.I. Bahadur Singh were also members. On 30.04.1996 at about 2200 hrs to 2400 hrs Constable Rakesh Kumar (P...
Director, N.E.R.i.S.T. Vs. D. Roy Choudhury
Court: Guwahati
Decided on: Sep-13-2007
Hrishikesh Roy, J.1. Heard Mr. Vijay Hansaria, learned senior counsel assisted by Mr. S. Saikia and Mr. A. Apang, learned Counsel who are appearing for the appellants who are the Director and the Registrar of the North Eastern Regional Institute of Science & Technology (NERIST). Mr. A. Mannan, learned Counsel appears for the Union of India.2. The present Writ Appeal is filed challenging the Order dated 03.02.2006 in W.P. (C) No. 915 (AP)/2001 whereby in course of the writ proceeding hearing, the learned single Judge took the view that the appellant authorities (respondents in the writ petition), by contending that no post of Senior Instructor Grade-I ever existed in the NERIST, were trying to mislead the Court. The learned single Judge took a prima-facie view that materials exist on record to initiate proceedings for Contempt of Court against the NERIST authorities. On the basis of such conclusion, the learned single Judge directed issuance of notice on the Director and Registrar of N...
Rabindra Paul Vs. State of Assam
Court: Guwahati
Decided on: Sep-12-2007
Aftab H. Saikia, J.1. Heard learned Counsel for the appellant including learned PP, Assam.2. This criminal appeal has been directed against the judgment and order dated 31.3.05 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 8(DH)/04 convicting the appellant under Sections 304-B/498 A IPC and sentencing him accordingly to suffer R.I. for 3 (three) years and to a fine of Rs. 5,000/- in default further RI for 3 (three) months under Section 498-A IPC and to suffer imprisonment for life and to pay fine of Rs. 10,000/-in default R.I. for 1 (one) year under Section 304-B IPC.3. Prosecution case in brief is that the victim-Krishna Paul was given marriage to the accused-Robindra Paul/appellant in the year 1997. The married life between the accused and the victim was not at all peaceful. It was alleged that the accused started demanding dowry from the victim, particularly gold ornaments. The victim was accordingly physically assaulted by the accused. After about 6/7 months o...
Mainul Haque Vs. State of Tripura
Court: Guwahati
Decided on: Sep-12-2007
R.B. Misra, J.1. Heard Mr. A.K. Bhowmik, learned Senior counsel assisted by Mr. S. Ghosh learned Counsel for the Petitioners/Accused. Also heard Mr. A. Ghosh, learned Additional Public prosecutor for & on behalf of the State Respondent.2. Present Criminal Revision Petition has been preferred under Section 397 of Cr.P.C. against the order dated 28.05.2007 passed by learned Additional Sessions Judge, North Tripura, Dharmanagar in ST 68 (NT/D)/05 whereby, for the alleged involvement of the petitioners under Section 323/326/302/34 of IPC, bail granted earlier in favour of petitioners by learned Additional Sessions Judge, North Tripura, Dharmanagar was cancelled at the complaint of the complainants. According to the petitioners, one Smt. Shelli Begum, wife of the elder brother of the accused/petitioners, namely, Md. Nurul Haque had lodged an FIR on 26.02.2005 alleging, inter-alia, that Md. Abdul Rakib, father of the accused petitioners as well as father of Md. Nurul Haque died on 26.02.200...
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