Guwahati Court April 2008 Judgments
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State of Tripura Vs. Laxman Debnath
Court: Guwahati
Decided on: Apr-28-2008
U.B. Saha, J.1. This criminal appeal has been directed against the judgment and order dated 4.5.2001 passed by the learned Additional Sessions Judge, Belonia, South Tripura in Sessions Trial No. 15 (ST/B)/2000 whereby and whereunder the accused respondent has been acquitted from the charges leveled against him under Sections 376 and 417 of the Indian Penal Code.2. I have heard Mr. A. Ghosh, learned Additional P.P. appearing for the State appellant and Mr. D.C. Roy, learned Counsel appearing for the respondent.3. The prosecution case in brief is that on 1.10.1403 B.S., corresponding to 15.1.1997 A.D., Wednesday, at about 7/7.30 p.m., when the victim girl, (P.W. 1) was cooking in the kitchen in her house, the accused came to her house and entered into the said kitchen. He embraced her and by pushing on the ground, committed rape on her against her will, When she told the accused that she would inform the matter to her parents, the accused taking her hand on his head, promised her that h...
Gauhati Roller Flour Mills Ltd. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Apr-25-2008
Hrishikesh Roy, J.1. Heard Dr. B.P. Todi, learned senior counsel for the writ petitioner and Mr. U. Bhuyan, learned standing counsel for respondents Nos. 1 to 4.2. By this petition, the assessee has challenged the order dated February 23, 2001, passed by the Income-tax Appellate Tribunal in Wealth-tax Appeals Nos. 18, 19, 20, 21, 22, 23 (Gauhati)/1994 in respect of different assessment years starting from 1984-85 to 1989-90. The assessee did not participate in the proceedings before the learned Tribunal and the order dated February 23, 2001, partly allowing the appeals came to be passed in the absence of the representative of the assessee who was engaged to appear for the Tribunal.3. The assessee thereafter filed a miscellaneous application on June 25, 2001, under Section 24(5) of the Wealth-tax Act, 1957, read with rules 24, 25 of the Income-tax (Appellate Tribunal) Rules, 1963, for setting aside the ex parte order dated February 23, 2001.4. In the said miscellaneous application, it ...
Madan Chutia Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-24-2008
Amitava Roy, J.1. The order dated 21.3.2007 passed by the Director of Secondary Education, Assam holding the Respondent No. 4 to be senior to the petitioner in Ghilamara Higher Secondary School, District Lakhimpur (hereafter referred to as the 'School') is in challenge in the instant petition.2. I have heard Mr. A. Sarma, learned Counsel for the petitioner, Mr. M. Dutta, learned Standing Counsel, Education Department, Govt. of Assam and Mr. A. Dutta, learned Counsel for the Respondent No. 4.3. This is the second round of litigation by the petitioner. He was appointed as a Subject Teacher (Assamese) in Bordoloni Higher Secondary School on 26.12.79 and was thereafter on 23.2.1987, transferred to Ghilamara Higher Secondary School by order of the same date issued by the Director of Secondary Education, Assam. He accordigly joined Ghilamara Higher Secondary School on 1.3.1987. On the retirement of Sri Paramananda Gogoi, the Principal of Ghilamara Higher Secondary School, by the order dated...
Raid Laban College Society and anr. Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Apr-23-2008
T. Vaiphei, J.1. This writ petition is directed against the order dated 1.2.2008 issued by the Commissioner/Secretary to the Government of Meghalaya, Education Department purportedly under Rule 8 of the Assam Aided College Management Rules, 1965 ('the Rules' for short), as adopted in the State of Meghalaya, taking over the control and management of Raid Laban College ('the College') and appointing Shri W. Lyngdoh, Joint Director, Higher & Technical Education, as the Administrator of the College for a period of three months.2. The material facts giving rise to this writ petition may be set out at the very outset. The College is registered under the Societies Registration Act, 1860 with its registered office at Laban, Shillong. The petitioner No. 2 is the governing body of the College. The College was established in the year 1984, and is governed by its own constitution and bye-laws. The College is admittedly a private/Non-Government College, and was started without contribution from th...
Aminul Islam Vs. Bijoya Prava Barua and ors.
Court: Guwahati
Decided on: Apr-21-2008
T. Vaiphei, J.1. The question which falls for consideration in this revision is whether the Ld. District Judge, Shillong is correct in holding that the civil suit being T.S. 14(H) of 2005 filed by the respondents-plaintiffs, who are admittedly the tenants of a wakf property, for declaration, permanent injunction, etc. in respect of the portions of the wakf property occupied by then is riot barred by Section 85 of the Wakf Act, 1995 ('the Act' for short). The controversy arose on the following facts and circumstances. The original lessee of the suit property i.e. Ghulam Rahman Wakf Estate, namely, the late Kamal Kanta Barua died in the year 1966 whereupon the suit property devolved upon the father of the respondent No. 2 and husband of the respondent No. 1 as his legal heirs and again devolved upon the respondents jointly upon the death of late Kamal Kanta Barua. According to the respondents, the suit property occupied by them includes residential-cum-business accommodation, which the...
Smt. Rukmini Majhi Vs. State of Assam
Court: Guwahati
Decided on: Apr-20-2008
Aftab H. Saikia, J.1. Heard Mr. H. Sharma, learned Amicus Curiae appearing on behalf of the appellant as well as Mr. K.A. Mazumdar, learned Public Prosecutor, Assam.2. This jail appeal has been preferred by the appellant from jail questioning the legality and correctness of the judgment and Order dated 31-12-2001 passed by the learned Additional Sessions Judge (Ad hoc), Jorhat in Sessions Case No. 111/2000 whereby the appellant was convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment (for short, 'RI') for life and to pay fine of Rs. 100/-, in default, further RI for one month.3. The facts of the case in brief as unfolded by the prosecution are that, the daughter of the appellant, the Court Witness No. 1 (C.W. 1) sometime in the month of February, 2000, gave birth to an illegitimate girl child in consequence of rape committed on her. When the said illegitimate child was merely three months old, the appellant and her daughter along with the child went to the r...
irom Shyam Singh and anr. Vs. State of Manipur and anr.
Court: Guwahati
Decided on: Apr-14-2008
B.D. Agarwal, J.1. Heard Shri Ch. Lokendra learned Counsel for the petitioners and Md. Jallaluddin, learned Addl. Govt. Advocate for the respondents.2. Both the criminal petitions are admitted for hearing. Considering the urgent nature of the matter and on being consented by the learned Counsel for the parties, both the criminal petitions are being disposed of by this common judgment at the admission stage itself.3. Short facts of the case giving rise to the filing of these criminal petitions are set out below:An FIR was lodged by the Commandant, Home Guards (V/A), Manipur, Imphal to the Porompat Police Station alleging that some Home guard volunteers had forged an order in the name of Dy. Commandant General showing their promotion to the rank of Divisional Commanders from the rank of Senior Platoon Commanders. On internal enquiry, the names of the present petitioners figured as the authors of the alleged promotion order. The FIR was registered as Porompat PS case No. 78 (5) 03 Under ...
Dhanani Shoes Ltd. and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-11-2008
I.A. Ansari, J.1. The petitioner No. 1, namely, M/s. Dhanani Shoes Ltd., is a company registered under the Companies Act, 1956. The petitioner-company is registered both under the Central Sales Tax Act, 1956, as well as the Assam Value Added Tax Act, 2003 (in short, 'the Act'). The petitioner-company deals in plastic and leather footwear, sports goods, ready-made garments and allied business. The petitioner-company is distributor, in the entire North-Eastern India, of some classified products, namely, Liberty, Action, Hotshot, Woodland, Levis, Lakhani, etc. The petitioner No. 2, accounts officer of the petitioner-company, is the authorised signatory of the company. The petitioner-company is engaged in the business of stocking and selling, in wholesale as well as retail, of different varieties of shoes. On February 6, 2008, respondent No. 4, namely, Inspector of Tax, Unit B, Guwahati, came to inspect the petitioner-company's godown at Dhirenpara, Guwahati, and served, on the petitioner...
Raju Prasad Sarma Vs. Haladhar Sarma
Court: Guwahati
Decided on: Apr-11-2008
H.N. Sarma, J.1. This Criminal Revision has been filed challenging the order dated 16.12.2006 passed by the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati, whereby and whereunder the Complaint Case No. 1970 C/96 filed by the complainant has been dismissed for default.2. I have heard Mr. G Baishya, learned Counsel for the petitioner and Mr. M. Sarma, learned Counsel for the respondent.3. A complaint was filed by the petitioner in the Court of the learned Chief Judicial Magistrate, Kamrup, alleging commission of offences under Sections 403/420/424/477(A), IPC, by the respondents. The learned Chief Judicial Magistrate took cognizance of the case on 14.10.96 and issued necessary process against the respondent. During the course of the proceeding, the complainant along with other witnesses were examined by the learned Trial Court before framing of charges. The case was taken up on 16.08.2001 on which date, the learned Trial Court on the basis of the evidence and material on...
Ajay Mimi and ors. Vs. State of Arunachal Pradesh and ors.
Court: Guwahati
Decided on: Apr-10-2008
K. Meruno, J.1. Heard Mr. T. Michi, learned Counsel for the petitioner (s) as well as Mr. R.H. Nabam, learned Senior Government Advocate, appearing on behalf of the State respondents.2. These three Writ Petition Nos. 244 (AP) 2007, 245 (AP) 2007 & 246 (AP) 2007 have been clubbed together as analogous matter in view of the fact that the same cause of action and the same relief is spelt out in the three writ petitions. Therefore, these three writ petitions have been heard together and are being disposed of by this common judgment and order.3. The brief facts of the case are that while the petitioner (s) in all the writ petitions are undergoing training at Banderdewa Police Training Centre (PTC) on 03.10.2003, on the basis of a complaint lodged by one, Kulheswar Saikia, against the petitioner (s) before the Bihpuria Police Station, a Police Case No. 337/2003 was registered against the petitioner (s) and on 04.10.2003, the Principal of the Police Training Centre, Banderdewa, terminated th...
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