Guwahati Court February 2008 Judgments
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Ghiladhari Naduar MIn S.S. Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-07-2008
B.K. Sharma, J.1. Both the writ petitions by and between the same parties involving the impugned orders consequential to one another, have been heard together and are being disposed of by this common judgment and order.2. The petitioner filed the first writ petition being W.P.(C) No. 4980/07 being aggrieved by the action on the part of the Registrar of the Co-operative Societies in granting approval to the proceeding of Annual General Meeting (AGM) held on 18.08.06 in respect of the Co-operative Society called M/s. Ghiladhari Naduar S.S. Ltd. The second writ petition being W.P.(C) No. 5483/ 07 has been filed making a grievance against the action on the part of the Zonal Joint registrar of the Co-operative Societies, Sonitpur in granting extension in respect of the term of office of the Managing Committee of the Society headed by the respondent No. 6. The writ petitioner also challenged the part of the order passed by the Registrar of the Co-operative Socieities, Assam by which the Man...
Amrit Ranjan Goswami Vs. Assam Financial Corporation and ors.
Court: Guwahati
Decided on: Feb-06-2008
H.N. Sarma, J.1. Challenging the legality and the validity of the appellate judgment passed by the learned Additional District Judge No. 2 (FTC), Tinsukia, in Title Appeal No. 2/2005 arising out of the judgment and decree dated 5.9.2005 passed by the learned Civil Judge, Senior Division, Tinsukia in TS No. 45/2000 allowing the appeal and dismissing the suit of the plaintiff with costs, the present Second Appeal has been filed.2. The learned Counsel for the appellant has framed the following substantial questions of law in support of the challenge.1) Whether on dismissal of the Misc(J) Case No. 62/99. a proceeding under Section 31 of the State Financial Corporation Act, 1951, before the learned District Judge, Tinsukia, without granting liberty to file a fresh suit, the notice under Section 29 of the Act under Reference No. AFC/TSK/Legal/L-2015/2000-2001/526 issued by the Principal defendant/ respondent was barred under Order 23, Rule 4(1), CPC?2) Whether decisions of the Lower Appella...
Haren Pao and ors. Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2008
P.K. Musahary, J.1. This appeal is directed against the Judgement dated 09.08.2001, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 107 (JJ)/1999 convicting the accused appellants under Section 302/34 IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs. 500/- each, in default, to further rigorous imprisonment for one month each.2. The short prosecution story may be stated thus: three accused persons on 18.09.1999 at about 7.30 P.M. came in a group and attacked the deceased Sunil Orang by striking at the head with a sharp weapon in front of his residence. The deceased succumbed to his injuries in the following morning of 19.09.1999. His daughter was an eye witness to the incident and she could identify all the three accused persons. She saw one of the three accused persons struck the dagger. Before his death the deceased told his daughter that the accused persons had beaten him. An FIR was lodged on 19.09.1999 against the three persons name...
Sibu Nayak Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2008
P.K. Musahary, J.1. The prosecution story is based on an FIR dated 14-1-1999, lodged by one Samaru Baraik informing the Officer-in-charge, Mariani P.S. that his coworker, accused Sibu Nayak of Punjabari Tea Estate killed his wife, Smti. Malati Nayak at about 3 a.m. of 14-1-1999 in his own house by dashing her head against the pucca wall. A case, was registered under Section 302, IPC and investigated into leading to filing of charge sheet against the accused. On committal the learned Sessions Judge, Jorhat took up the matter for trial. A charge under Section 302, IPC was framed against the accused and on being explained, he pleaded not guilty and claimed to stand trial.2. The prosecution examined, in all, 8 witnesses including the informant as well as the Investigating Officer to prove its case but the accused adduced no evidence in his defence. There was no eye-witness to the occurrence and as such the prosecution had to depend on the circumstantial evidence to prove its case.3. P.W. ...
Hazrat Ali Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2008
Aftab H. Saikia, J.1. Heard Mr. Sk. Muktar and Mrs. P. Lahkar, learned Counsel for the appellant as well as Mr. K.A. Mazumdar, learned P.P., Assam.The conviction of the appellant under Sections 302/34 IPC read with Sections 457/34 IPC and sentence to undergo imprisonment for life under Sections 302/34 IPC and rigorous imprisonment for one year with a fine of Rs. 1000/- and in default, rigorous imprisonment for one month under Sections 457/34 IPC so handed down to the appellant by the learned Sessions Judge, Darrang at Mangaldoi by his judgment and order dated 22.10.99 rendered in Sessions Case No. 18 (DM) 91 have been put under challenge in this instant criminal appeal.2. Facts briefly stated, as projected in the prosecution case, is (are) that on 19.10.88 at about 2 A.M. accused Sahar Ali @ Sahir Ali and Hazrat Ali, the appellant, entered the house of Md. Miaruddin Sheikh (hereinafter referred to as 'the deceased') and killed him by assaulting with axe and dagger. On raising alarm by...
Bhabani Shankar Bagaria Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-06-2008
I.A. Ansari, J.1. By its letter, dated 30.05.2007, Department of Revenue and Disaster Management, Government of Assam, requested the Deputy Commissioner, Dibrugarh, to take action in terms of the provisions of Rule 116 of the Registration Rules framed under the Assam Land and Revenue Regulation, 1886 (in short, 'the ALRR') in respect of 236 Bighas, 3 Kathas and 15 Lechas out of the total land acquired from Beheating Tea Estate, the request for taking action under Rule 116 being made on the ground that out of the said total land acquired from Beheating Tea Estate, land measuring as much as 236 Bighas, 3 Kathas and 15 Lechas is under the occupation of people other than Beheating Tea Estate. Based on the letter, dated 30.05.2007, aforementioned, Deputy Commissioner, Dibrugarh, issued, on 04.06.2007, a notice, addressed to the present petitioner, as proprietor of the said tea estate, to show cause as to why the Grant No. 13/176 ORR, made in respect of the said 236 Bighas, 3 Kathas and 15 ...
Md. Halim Ali Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-2008
P.K. Musahary, J.1. The short fact of the case is that the housewife Musstt. Rumija Begum was attacked in her house on 7-10-1999 at around 8 p.m. while her husband was offering prayer in the nearby mosque, by a young man accused-Halim Ali with a dagger inflicting injuries on several parts of her body including neck and hand. She was found lying in a pool of blood and was immediately rushed to Mangaldoi Civil Hospital. As her condition was serious, she was sent to Guwahati Medical College Hospital, who succumbed to her injuries on 9-10-1999 at 1.10 a.m. On the basis of a written Ejahar dated 8-10-1999 lodged by Md. Karim Ali. husband of the deceased, a crime being Sipajhar P.S. Case No. 138/1999 was registered under Section 448/326, I.P.C. Subsequently, offence under Section 302, I.P.C. was added thereto after the death of the injured Rumija Begum. On completion of Investigation charge-sheet was laid against the accused. On committal the trial proceeded in the Court of ad hoc Additiona...
Aryabhatta Junior Science College and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-06-2008
B.K. Sharma, J.1. The petitioner No. 1 a registered society under Societies Registration Act, 1860 and the petitioner No. 2 the owner of the building in question in which the college of the petitioner No. 1 is located are aggrieved by the decision of the authority, by which the petitioner No. 1 has been directed to vacate the educational institution from the building.2. Aryabhatta Science Society is managing the Aryabhatta Junior Science College located in the building constructed by the petitioner No. 2. The petitioner No. 2 by her application dated 17.8.1999 had approached the Respondent Authority to accord permission for construction of a building of Ground Floor, 1st Floor and 2nd Floor over her plot of land situated near G.S. Road, Guwahati. The authority approved the building plan and accordingly the petitioner No. 2 was issued with the no objection certificate towards construction of the building. The building was constructed with the aid and assistance of the petitioner No. 1....
Y. Yeangpong Konyak and ors. Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Feb-06-2008
Hrishikesh Roy, J.1. Heard Mr. C.T. Jamir, learned Counsel appearing for the petitioners in the three writ petitions. Also heard Mr. B.N. Sarma, learned senior counsel who represents the State respondents and it's officials. The private respondents despite service of notice have not participated in the present proceeding2. As the issues raised in all the three writ petitions are common and the counsels are also the same, the petitions were taken up for analogous hearing and are being disposed of by this common order.3. A tender notice dated 4.12.2006 was issued by the Director General of Police (DGP), Nagaland for supply of clothing and other equipments for the Nagaland Police personnel for the year 2007-08. The tenderers were required to provide 3 samples as per specification. Tenders were invited for supply of large number of items, but in these three cases we are concerned with only three items, namely: (1) Police Jacket (Camouflage), (2) Shoe Polish (Black) and (3) Shoe Polish (Br...
Mutum Seityaban Singh Vs. State of Manipur
Court: Guwahati
Decided on: Feb-05-2008
T. Nandakumar Singh, J.1. The appellant-accused of this appeal is challenging the judgment passed in Sessions Trial Case No. 89/91 /5/911 5/93/2/94/5/02 convicting the appellant-accused under Section 302 IPC and the order dated 29.8.2002 sentencing him to suffer life imprisonment not less than 14 years as required by Section 433A of the Code of Criminal Procedure and in the computation of 14 years period, the period during which convict had already been in the jail during investigation and trial should be taken and calculated by the appropriate Government for the purposes under Section 428 of the CrPC.2. Heard Mr. Kh. Chonjohn, learned Counsel appearing for the appellant-accused as well as Md. Jalaluddin, learned P. P. appearing for the State-respondent.3. The golden thread which runs throughout the cobweb of criminal jurisprudence as administered in India is that nine guilty may escape but one innocent should not suffer. But at the same time no guilty should escape unpunished once th...
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