Guwahati Court January 2008 Judgments
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Prafulla Rajkhowa and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-23-2008
B.K. Sharma, J.1. Heard Mr. R. P. Hazarika, learned Counsel for the petitioners as well as Mr. D. C. Borah, learned Counsel appearing for the respondents No. 7 and 8.1 have also heard Ms. R. Chakraborty, learned State counsel.2. The seven petitioners who are the members of the managing committee f the society called Raidongia Samabai Samity Ltd. have filed this writ petition challenging the legality and validity of the order dated 30.08.07 passed by the Joint Registrar of Cooperative Societies, Guwahati Zone. By the said order one Shri Tapan Kumar Saikia, Senior Inspector of Cooperative Societies, Nagaon has been appointed as Executive Officer to manage the affairs of the society until further order. As reflected in the order, such a course of action has been taken on the ground that seven members of the managing committee submitted their resignation in view of which the managing committee had no quorum in its meeting. The order has been passed in purported exercise of the power Under...
Alekh Tossa Vs. State of Assam
Court: Guwahati
Decided on: Jan-22-2008
H. Barua, J.1. Appellant Sri Alekh Tossa was tried under Section 376 IPC by the learned Sessions Judge (Adhoc) FTC, Biswanath Charia and was convicted and sentenced to under go seven years I with fine of Rs. 5000/- in de-fault of payment of fine simple imprisonment for three months.2. Feeling aggrieved by the judgment and order of conviction so rendered by the learned trial Court, this present appeal has been filed challenging its legality and correctness.3. Heard Mr. N, Mahammad, learned Counsel appearing for the appellant and Mr. K. Munir, learned Additional P. P. for the State of Assam.4. The briefcase for the prosecution is summarized as under:PW 1 the prosecutrix was in need of a quarter, who is a tea garden labour of Monabari Tea Estate. Appellant Alekh Tossa was at the relevant point of time the President of Mazdoor Sangha of the said tea estate. PW 1 approached this appellant, he being the president of the said Mazdoor Sangha for allotment of a quarter to her. On her approach,...
Dibyalata Konwar Vs. New India Assurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Jan-22-2008
B.P. Katakey, J.1. This appeal, by the claimant is directed against the judgment dated 13.10.2004 passed by the learned Member, Motor Accident Claims Tribunal, Sibsagar in MAC Case No. 80/2001 rejecting the claim of the claimant under Section 166 of the Motor Vehicle Act, 1988 (in short, 'the Act') by holding that the involvement of the motor vehicle bearing Registration No. AS-25 B-5958 (Bus) could not be proved. The claimant/appellant filed an application under Section 166 of the Act before the learned Tribunal, which has been registered as MAC Case No. 80/ 2001 claiming compensation of Rs. 36,58,700/- for the death of her husband, Puneswar Konwar, aged about 55 years and an employee under Oil and Natural Gas Corporation (in short, 'ONGC), contending that while her husband was returning home on a bicycle from the house of a relative, after attending some social function and reached near Darika Bridge, Sibsagar, the offending vehicle bearing Registration No. AS-25 B-5958 dashed him f...
Najir Khan Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jan-22-2008
B.D. Agarwal, J.1. The writ petitioner has been detained under National Security Act, 1980 vide order No. CRIL/NSA/No. 32 of 2007 dated 07.08.2007 issued by the District Magistrate, Imphal West, Manipur. By way of filing this writ petition under Article 226 of the Constitution of India, the detenu is challenging the aforesaid detention order.2. We have heard Shri S. Rajeetchandra, learned Counsel for the petitioner and Shri R.S. Reisang learned Addl. Govt. Advocate for the State respondents (R-1, 2 and 3). The Union of India (R-4) was represented by Shri N. Ibotombi Singh, learned CGSC. We have also perused the impugned detention order, grounds of detention and other documents filed with the writ petition as well as the relevant files of the detention of the petitioner.3. Shorn of the details, the facts of the case in brief are as follows:The petitioner was initially arrested on 01.08.2007 in connection with Mayang Imphal Police Station Case No. 72(8) 2007 under Section 20 of the Unla...
Jaharul Islam Borbhuiya Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-21-2008
Amitava Roy, J.1. Heard Mr. M.K. Boro, learned Counsel for the petitioner and Mr. H. Rahman, learned State Counsel for the official respondents. The learned Counsel for the petitioner submits that the names of the respondent Nos. 3, 4 and 5 be struck off from the array of respondents. Ordered accordingly.2. The un-rebutted pleaded case of the petitioner is that, his father along with his relatives owned a plot of land measuring seven bighas abutting Hailakandi-Badarpur PWD road under Algapur Police Station in the district of Hailakandi, Assam. They earned their livelihood by raising cultivation thereon. In the year 1990, the local MLA of Algapur Constituency having mooted a proposal to provide appointments to their sons/daughters and near relatives in lieu of the land to be donated for construction of the Block Development Office in the locality, the petitioner's father along with other five co-sharers responded thereto positively and donated the aforesaid land covered by RS Patta Nos...
Santosh Mishra Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-18-2008
Amitava Roy, J.1. The provisional list of candidates for the post of Extension Officer (Panchayat) and Extension Officer (Women & Children), circulated by the office order dated 25.07.2000, for filling up 11 posts of Extension Officer (Panchayat) and 15 posts of Extension Officer (Women & Children), forms the subject matter of challenge in the instant proceeding. The petitioner prays for annulment of the said list and consideration of his case for appointment to the post of Extension Officer (Panchayat) along with all other eligible candidates. This Court while issuing notice on 10.01.2001, had made, appointments on the basis of the said list subject to the result of the instant petition.2. I have heard Mr. N. Choudhury, learned Counsel for the petitioner and Ms. H. Bhuyan, learned State counsel for the official respondents.3. Sans unnecessary details, the petitioner's pleaded case in short, is that he is a graduate in Arts and was appointed as Lower Division Assistant on 17.11.1990, ...
Rajeev Chakraborty Vs. Golaghat Truck Owners Association
Court: Guwahati
Decided on: Jan-18-2008
I.A. Ansari, J.1. The prime question, which this criminal revision has raised, is this: whether the date of drawing of a cheque or the period of validity of a cheque shall, for the purpose of computing the period of limitation of six months, as prescribed by Clause (a) of the proviso to Section 138 of the Negotiable Instruments Act, 1881 (in short, 'the NI Act'), include the date on which the cheque is drawn by the drawer. Yet another equally important question, raised in this criminal revision, is: whether the period of limitation shall, as prescribed by Clause (a) of the proviso to Section 138 of the NI Act be computed from the date of presentation of the cheque to the payee's bank or from the date of presentation of the cheque to the drawee bank?2. The opposite party herein has lodged, as complainant, a complaint, on 13.04.2005, in the Court of the Chief Judicial Magistrate, Golaghat, and this complaint has given rise to CR Case No. 463/2005, the complaint's case being, in brief, t...
Sansai Gowala and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jan-18-2008
Aftab H. Saikia, J.1. The earlier appointed Amicus Curiae Mr. B. Buragohain is found to be absent when the matter is taken up for hearing and accordingly Mr. J.I. Barbhuyan has been appointed as Amicus Curiae. Heard Mr. J.I. Barbhuyan, learned Amicus Curiae. Also heard Mr. K.A. Mazumdar, the learned P.P., Assam.2. This criminal appeal has been preferred by the appellants from jail challenging their conviction under Section 302 IPC and subsequent sentence to undergo rigorous imprisonment for life passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 137(T)/00 on 18.12.2001.3. The prosecution case, in short, may be noticed. An F.I.R. was lodged with the Officer-in-Charge, Dumduma Police Station on 19.08.1994 by P.W. 2, Sri Khandru Nayak alleging that on 16.08.1994 (1) Shri Luka (2) Shri Kesha and (3) Sansai along with three others killed his neighbour Shri Suren Tanti and buried his body without anybody's knowledge. They also threatened him for the same consequence. Police...
Brojendra Nath Talukdar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-18-2008
A. Hazarika, J.1. The promotional order vide Notification dated 22.06.2006 and Notification dated 15.12.2004 issued by the Secretary to the Government of Assam, Education (S&E;) Department and the Commissioner & Secretary to the Government of Assam, Education Department respectively in respect of the respondent No. 5 whereby and whereupon the respondent No. 5 has been promoted to the cadre of Joint Director in Education Service Class-I from the rank of Inspector of Schools, TDC, Tinsukia being shown senior in the Notification dated 15.12.2004 to the petitioner are under challenge in this writ petition being discriminatory and violative of the provisions of Rules of Assam Education Service Rules, 1982 (the 1982 Rules for short).2. To understand the controversy raised in the writ petition relevant facts in brief, may be stated as under:The petitioner has joined as a Lecturer in Mathematics on 04.11.1977 in the State Institute of Science Education, Assam, Guwahati on being recommended by...
imkong Imchen Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jan-17-2008
B.D. Agarwal, J.1. After more than two decades of enactment of Tenth Schedule in the Constitution of India by way of Fifty-second Amendment in the year 1985, sub-paragraph (2) of paragraph 2 of the Tenth Schedule has been assailed being ultra vires of the Constitution. The appellant herein, along with three other persons, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the above portion of the 10th Schedule of the Constitution of India is unconstitutional being violative of basic structure of the same. The writ petition was registered as WP(C) No. 148 (K) of 2004, which came to be dismissed on 28.7.2005. The learned Single Judge has held that sub-para (2) of paragraph 2 of the Tenth Schedule is neither discriminatory nor violative of the basic structure of the Constitution of India and it is very much within the purview of its constitutional validity. Being aggrieved with this judgment, one of the writ petitioners has filed the present w...
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