Guwahati Court February 2008 Judgments
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Prachi Bread Bakers Pvt. Ltd. and anr. Vs. Shree Maa Enterprise and an ...
Court: Guwahati
Decided on: Feb-19-2008
H. Baruah, J.1. This instant application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) is for quashing the Complaint Case No. 456c of 2004 under Sections 272/273/406/418/420/506 of the IPC pending in the Court of the Chief Judicial Magistrate, 1st Class, Karnrup, Guwahati. This Court while issuing notice of motion vide order dated 08.04.2004 stayed all further proceedings of the Complaint Case No. 456c of 2004.2. We have heard Mr. R.L. Yadav, learned Counsel for the petitioners and also heard Mr. P. Choudhury, learned Counsel for the respondents/opposite parties.3. For the purpose of appreciating the merit of this application, it would be necessary for this Court to make a survey of the facts that find place in the case record in a nutshell. The petitioner, Prachi Bread Bakers Private Limited is a company having its registered office at Dr. K.N. Road, Naya Bazar, Siliguri, in the State of West Bengal and is a manufacturing company manufactur...
Mainul Haque Vs. State of Assam
Court: Guwahati
Decided on: Feb-19-2008
H. Barua, J.1. This is an appeal against the Judgment and Order of conviction dated 15.07.2005 passed by the learned Assistant Sessions Judge Nalbari in Sessions Case No. 26/04 by which the learned trial Court convicted and sentenced the appellant to undergo imprisonment for 8 years under Section 376 IPC together with a fine of Rs. 2,000/- in default to suffer another 6 months RI.2. The appellant being aggrieved by and dissatisfied with the Judgment and Order of conviction as aforesaid this instant appeal seeking setting aside and quashing of the Judgment so rendered by the learned trial Court has been filed.3. Criminal law was set in motion by the victim with the lodgment of an FIR (exhibit 1) before the Station House Officer of Mukalmua Police Station on 23.09.2003 contending inter alia that she was in love with the appellant and the appellant used to visit their residence regularly for the last four years and in one day the appellant forcibly raped her. As a result she became pregn...
Hriday Basumatary and ors. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-15-2008
B.P. Katakey, J.1. An Advertisement being Advertisement No. 2 was issued by the authority of the Border Security Force (in short, 'BSF') Umpling Shillong in the State of Meghalaya in the month of August, 2001 for recruitment against the vacancies of Constable in the North Eastern States including the State of Assam, pursuant to which the petitioners offered their candidatures. The selection process was thereafter, conducted by the BSF Authority for select of candidates for appointment as Constable (general duty) and though the petitioners were selected by the Selection Board they were not appointed on the ground of the petitioner Nos. 2,7 and 8 having not fulfilled the minimum height requirement and the petitioner Nos. 1,3,4,5 and 6 having found to be medically unfit on the ground of Hypertension/Tachycardia. The petitioners, therefore, filed the present writ petition praying for a direction to the respondent authorities to appoint them as Constable (general duty) pursuant to the sel...
Ayub HussaIn Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-15-2008
M.B.K. Singh, J.1. Heard Mr. A.M. Mazumdar, learned Counsel appearing on behalf of the petitioner and Mr. K.P. Sarma, learned Counsel appearing on behalf of the respondents.2. Brief facts leading to the filing of this writ petition are as follows:The petitioner was appointed as a Junior Engineer (Civil) Grade-II of the North Eastern Electric Power Corporation (in short NEEPCO), vide an order dated 8.4.88 and he joined his place of posting, the office of the Executive Engineer at Doyang Hydro Electric Project (in short DHEP), Wokha, Nagaland on 27.4.88.3. On 15.11.90, he filed an application to the concerned authority of the Corporation praying for transferring him from DHEP to some other place on the ground that while working there, there was risk of his life because of lack of security. In the said application, he cited instances of assault and threat made by a local contractor.4. Thereafter, he was posted as a Junior Engineer (Civil) Grade-I on in-charge basis at Kopili Hydro Electr...
Sharf Raj Khan Ex. No. 910490073 Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-15-2008
M.B.K. Singh, J.1. Heard Mr. B. Choudhury, learned Counsel appearing on behalf of the petitioner and Mrs. R. Baruah, learned Counsel appearing on behalf of the respondents.2. The following facts are ascertained:While the petitioner was serving as a Water Carrier of the 49 Battalion CRPF an enquiry was held as against him on direction of the Commandant of the said Battalion, vide memo No. P-VIII-10/99-49-EC-11, dated 13.11.1999, alleging commission of misconduct under Section 11(1) of the Central Reserve Police Force Act, 1949 by suppressing facts and furnishing false information as regards his involvement in criminal cases in his verification form. The charge framed as against him is as follows:That the said No. 910490073 W/C Sharfraj Khan of F/49 Bn. C.R.P.F. while functioning as Water Carrier during the period from June, 1991 to till date committed an act of misconduct (suppression of facts, breach of trust, furnishing false information/documents) in his capacity as a member of the ...
Syed Nabab HussaIn and ors. Vs. Alkas Ali and ors.
Court: Guwahati
Decided on: Feb-15-2008
Hrishikesh Roy, J.1. Heard Mr. C.K. Sharma Baruah, learned senior counsel representing the appellants/plaintiffs. Also heard Mr. S.K. Barkataki, learned Counsel representing the respondents/defendants.2. This appeal before the Second Appellate Court is being directed against the judgment and decree dated 10.9.1999 in T.A No. 7/99 rendered by the learned Civil Judge (Sr. Dvn.), Nalbari, whereby the decree of dismissal of the suit by judgment dated 23.6.1999 and decree dated 30.6.1999 in T.S. No. 49/95 rendered by the learned Civil Judge (Jr. Dvn.), Nalbari has been upheld.3. The case of the appellants/plaintiffs is that the plaintiffs are the raiyats (tenants) of the suit land and raiyati (khatian) has been issued in favour of the father of the plaintiffs, Syed Abdul Mazid in the previous settlement operation. After the death of the recorded raiyat Syed Abdul Mazid, the plaintiffs are possessing the land as his heirs and have been cultivating the land. After the cultivable land was dug...
Krishna Chandra Das Vs. State of Tripura and anr.
Court: Guwahati
Decided on: Feb-15-2008
U.B. Saha, J.1. The case in hand is a surprising and shocking one. By this writ petition the petitioner has prayed for a direction for quashing the Memo dated 26.4.2005 (Annexure-4 to the writ petition) issued by the Director of Social Welfare and Social Education, Govt. of Tripura, respondent No. 2 herein, whereby and whereunder the petitioner was released from Govt. service with immediate effect placing him on superannuation on and from 31.03.2001 basing his date of birth on 19.3.1943, which has been recorded in the attestation form by the petitioner at the time of his entry into service and also to recover the excess amount paid to the petitioner for the period from 31.3.2001 to 26.4.2005, i.e. the date of issue of the impugned memorandum from his pensionary benefits and also for a direction not to recover the purported excess pay and allowances paid to him during the period from 1.4.2001 to 6.5.2005, i.e. the period he worked after the date of his actual superannuation.2. Heard Mr...
HussaIn Ali Khandakar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-15-2008
M.B.K. Singh, J.1. Heard Mrs. B.R.A. Sultana, learned Counsel appearing on behalf of the petitioner and Ms. V.L. Sinta, learned Counsel appearing on behalf of the respondents.2. Brief facts leading to the filing of this case are as follows:The petitioner was appointed as a casual Grade-in employee in the office of Chamaria Revenue Circle on fixed pay of Rs. 900/- vide appointment order dated 4.8.92, issued by the Additional Deputy Commissioner, Kamrup and he joined his service on 7.8.92. The petitioner was released from his service, vide order passed by the Deputy Commissioner, Kamrup on 31.5.93 and he challenged the said order by filing a writ petition being Civil Rule No. 2288/93. This Court, vide order dated 27.9.94, allowed the said Civil Rule and directed the respondents to accommodate the petitioner subject to availability of vacancy. A copy of the order of this Court passed in Civil Rule No. 2288/93 is at Annexure-D of the writ petition. In view of the said order dated 27.9.94 ...
Bloshing Lamurong Vs. Megha Assam Coal Mines Ltd. and anr.
Court: Guwahati
Decided on: Feb-15-2008
H. Baruah, J.1. Heard Mrs. Purabi Sharma, learned Counsel for and on behalf of the appellant, Oriental Insurance Co. Ltd. and also heard Mrs. A. Paul, learned Counsel for and on behalf of the respondents, New India Assurance Co. Ltd.2. Feeling aggrieved by the judgment and order dated 8.11.2006, passed in the M.A.C. Case No. 1 of 2003, this present appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988, challenging its legality and correctness.3. The core issue involved in this present appeal is whether the learned Tribunal assessed compensation by applying the correct multiplier?4. The appellant herein as claimant filed an application under Section 163-A of the Motor Vehicles Act, 1988, seeking grant of compensation on account of death of his minor son aged about 7 years, a student of class II in a vehicular accident on 2.2.2002 at about 12.45 p.m. as per provisions of the Second Schedule to the Motor Vehicles Act. The accident took place at Thadmuth-long NH 44. ...
Mira Rani Sarkar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-15-2008
Amitava Roy, J.1. The petitioner seeks a writ of mandamus and/or an appropriate direction to the Assam Higher Secondary Education Council (hereinafter referred to as the 'Council') for re-evaluation of her daughter's answer scripts in Physics and Chemistry for the Higher Secondary 1st Year Examination, 2007.2. I have heard Mr. T.J. Mahanta, learned Counsel for the petitioner and K.H. Choudhury, learned Senior Counsel for the Council.3. Briefly stated, the petitioner's pleaded case is that her daughter Priyanka Sarkar who had passed the High School Leaving Certificate Examination, 2006 from St. Mary's English High School, Guwahati with star marks took the Higher Secondary 1st Year Examination, 2007 under Roll 0551 No. 50412 from the Cotton College, Guwahati conducted by the Council. Her results were declared on 06.07.2007 wherein she was shown to have secured the following marks in Physics and Chemistry:Subject MarksPhysics 40Chemistry 51According to the petitioner, her daughter has an...
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