Guwahati Court November 2008 Judgments
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Md. Mamtaz Ali Vs. the State of Assam
Court: Guwahati
Decided on: Nov-27-2008
A. Hazarika, J.1. The legality of the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Dhubri in Sessions Case No. 85 of 1992 has been questioned in the instant appeal whereby and whereunder the appellant herein was convicted under Section 302 of the Indian Penal Code (IPC for short) and sentenced to undergo rigorous imprisonment (RI for short) for life and fine of Rs. 25,000/- (Rupees Twenty Five thousand) only, in default, RI for another three years with a further direction that on realization of fine, Rs. 10,000/- (Rupees Ten Thousand) only each may be given to the parents of the victims as compensation.2. Before answering the legal issues raised by the learned Counsel appearing for the parties, it would be appropriate to narrate the brief facts whereunder the prosecution was launched against the accused appellants:On the fateful day of 17-7-89, at about 3 to 3,30 p.m., Ms. Gita Basumatary, daughter of Somen Basumatary (PW-1) and Ms. Urmila Basum...
Madan Kumar and anr. Vs. State of Assam
Court: Guwahati
Decided on: Nov-27-2008
A. Hazarika, J.1. Challenge in this appeal is to the judgment rendered by the learned Additional District and Sessions Judge (FTC) No. 1 Kamrup, Guwahati in Sessions Case No. 16(K) 2000 whereby and whereunder each of the appellants are convicted for offence punishable under Section 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 5,000/- in default R/I for 2 (two) months in the first count and convicted for offence punishable under Section 326/34, IPC and sentenced for imprisonment for 7 (seven) years and a fine of Rs. 1,000/- in default S/I for 15 days in. the second count and has further convicted for commissioning of offence punishable under Section 460/34, IPC and sentenced to imprisonment for 10 (ten) years and fine of Rs. 5,000/- in default R/I for 2 (two) months for allegedly committing murder of Singha Ram Kumar and his wife Mina Kumari (hereinafter referred to as deceased) and also for, causing grievous injuries on the person of Smt. Pramila Kumari alias B...
California Pacific Trading Corporation Vs. Kitply Industries Ltd.
Court: Guwahati
Decided on: Nov-19-2008
Ranjan Gogoi, J.1. This company petition, already advertised after a lively debate recorded in the order dated November 18, 2003 (California Pacific Trading Corporation v. Kitply Industries Ltd. [2004] 118 Comp Cas 580 (Gauhati)), is founded on the alleged failure of the respondent to pay its debts within the meaning of Section 433(e) of the Companies Act, 1956. The debt in question is claimed to be due under a decree dated April 12, 2001, passed by the district court for the middle district of North Carolina in the United States of America. By the aforesaid decree the claim of the petitioner, as the plaintiff, against the respondent, as the defendant, has been decreed for a sum of U.S. $ 2,257,147.58 along with interest thereon at the statutory rate. It will be required to be noticed at this stage that the aforesaid decree is an ex parte decree and though appealable, the defendant, i.e., the respondent herein has chosen not to file any such appeal. It will also be required to be noti...
Kashinath Bhattacharjee Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Nov-17-2008
U.B. Saha, J.1. As agreed by the learned Counsel of both sides, this revision petition is taken up for final disposal at the admission stage itself.2. By filing the instant application under Section 397 read with Section 401 of the Code of Criminal Procedure (herein after referred to as 'the Code') as well as under Article 227 of the Constitution of India, the petitioner has challenged the order of the learned Judicial Magistrate 1st Class, Court No. 5, Agartala, West Tripura dated 18.6.2008 passed in N.I. Case No. 113 of 2007 whereby and whereunder the learned Judicial Magistrate 1st Class rejected the prayer of the present petitioner who is the accused in the aforesaid case No. N 1. 113/07, for production of income tax return of the complainant, respondent No. 2 herein, for the assessment year 2004-05 to 2006- 07 and fixed the matter for hearing on the question of maintainability of the case/proceeding on 21.6.2008.3. Heard Mr. S.M. Chakraborty, learned senior counsel, assisted by M...
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