Guwahati Court June 2008 Judgments
Roti Mandal Vs. State of Assam
Court: Guwahati
Decided on: Jun-30-2008
Aftabh H. Saikia, J.1. Heard Mr. D.C. Mahanta, learned Sr. Counsel assisted by Mrs. S. Barpatragohain, the learned Counsel appearing for the appellant and Mr. Z. Kamar, the learned P.P. Assam, representing State of Assam.2. This criminal appeal has been directed against the judgment dated 19.11.2004 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 1 of 2004 convicting the appellant under Sections 302/201, IPC and sentencing him to undergo rigorous imprisonment (hereinafter referred to as 'R.I.') for life with a fine of Rs. 1,000/- in default to undergo R.I. for another two months under Section 302, IPC and to undergo R.I. for three years with a fine of Rs. 1,000/- in default two months further R.I. under Section 201, IPC.3. The prosecution case briefly is that on 5.6.2003 the PW 8, Nabin Chandra Deka, Assistant Sub-Inspector of Police, Mangaldoi Police Station lodged a First Information Report with the Mangaldoi Police Station stating that on 8.3.2003 at 11.30 a.m. ...
Tag this Judgment!Naren Tanti Vs. State of Assam
Court: Guwahati
Decided on: Jun-30-2008
Aftab H. Saikia, J.1. Heard Ms. S. Khalaniar, learned Counsel who has been appointed as Amicus Curiae in place of earlier appointed Amicus Curiae Mr. P. Kataky who is found to be absent when the matter is taken up for hearing. Also heard Mr. K. C. Mahanta, learned Public Prosecutor, Assam.2. This Criminal Jail Appeal has been preferred by the appellant assailing the Judgment and Order dated 24.06.02 passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 85/01 whereby he was convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000/-, in default to pay fine, to undergo rigorous imprisonment for two months.3. The brief facts as unfolded by P.W. 6, Topi Tanti in the 'Ejahar' dated 17.11.00 lodged by him with the Golaghat Police Station are that around 7:00 O'clock, last night on 16.11.2000 in the absence of anyone in the house, somebody caused the death of his father Bajo Tanti (hereinafter referred to as 'the deceased') by assaul...
Tag this Judgment!Abdul Malek Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-27-2008
H. Baruah, J.1. The writ petitioner, by this writ petition under Article 226 of the Constitution of India has challenged the order under Memo No. MB/GA/43/86/Pt. 1/513 dated 2.5.2002 passed by the Deputy Director of Madrassa Education, Assam, by which the respondent No. 4 was allowed to act as in-charge Principal/Secretary of the Rahamatganj Arabic College, Dhubri and sought for setting aside and quashing of the said order and also for issuance of appropriate direction to the respondent authorities.2. The case of the petitioner briefly stated is that he was appointed as Lecturer in Rahamatganj Arabic College by the Managing Committee vide order dated 14.5.1990 with effect from 19.5.1990, he having been the requisite qualification for such appointment. On the same date i.e. 19.5.1990 the petitioner joined in the service.3. Vide resolution No. 4dated 9.12.1991, the Managing Committee of the said college also appointed respondent No. 4 as lecturer with effect from 20.10.1990 and accordin...
Tag this Judgment!Moinul Hoque Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-27-2008
H. Baruah, J.1. The challenge made in this writ petition by the petitioner is approval and appointment of private respondent No. 6 herein as Assistant Teacher in Manulla Para High School, District-Dhubri by the Managing Committee of the said school vide resolution Nos. 2 and 3 of the committee dated 31.3.2007 and provisional approval thereof vide order dated 8.5.2007 by the Inspector of School, Dhubri Circle, District-Dhubri.2. The Headmaster/Secretary of Manulla Para High School invited applications from eligible candidates for filling up a post of Assistant Teacher (Science) in Manulla Para High School, Dhubri vide advertisement dated 27.2.2007 resolved vide resolution No. 3 of the Managing Committee of the said school (Annexure-4). In the said advertisement the number of post, name of the post, requisite qualification and age have been incorporated. Pursuant to the said advertisement, the writ petitioner having requisite qualification applied for the post and his application was re...
Tag this Judgment!Ratul Das Vs. Oriental Insurance Co. Ltd. and ors.
Court: Guwahati
Decided on: Jun-27-2008
B.P. Katakey, J.1. The appellant/insured, the owner of the motor vehicle bearing registration No. AS-02/A-8159 (Tata Sumo), which was used as commercial vehicle for carrying passengers, lodged a First Information Report on 26.5.2003 in Nagaon Police Station alleging that on 24.5.2003 the said vehicle was hired by four passengers at about 10AM from the taxi stand near Nagaon United Bank and proceeded to Golaghat driven by his driver Sri Hemanta Gogoi, b|ut the vehicle did not return and inspite of his enquiry he could not get any information of the whereabout of the said vehicle as well as the driver, which leads to the suspicion that the said passengers might have taken away the vehicle along with the driver in the guise of passengers. On the basis of such report, Nagaon Police Station Case No. 449/2003 (GR. Case No. 896/2003) under Sections 406/420, IPC was registered. The appellant, who took out the policy in respect of the said coftimercial vehicle belonging to him from the respond...
Tag this Judgment!Hare Krishna Das and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-27-2008
H. Baruah, J.1. The final gradation list (Annexure-V to the writ petition) published on 19.12.1998 by Director General (Civil Defence) has been challenged by the writ petitioners by this instant writ petition under Article 226 of the Constitution whereby they are made junior to private respondent Nos. 4, 5 and 6 despite their appointment prior to the date of appointment of the private respondents.2. The case of the respective writ petitioners briefly stated is as under:Petitioner No. 1 was engaged as deployed Wireless Operator of the Civil Defence with effect from 2.5.1982 on daily wage basis till 13.2.1987. Thereafter he was appointed as Civil Defence Wireless Operator by order dated 13.2.1987. He had under gone training and after completion of such training he was allowed to draw the scale at Rs. 470/- to Rs. 800/- per month. By order dated 1.3.2005 he was promoted as Asstt. Dy. Controller (Jr.) by Senior Staff Officer (Civil Defence) in the scale of pay of Rs. 3,580/- to Rs. 8,100/...
Tag this Judgment!Smt. Munmun Barkakati Das Vs. Girish Das
Court: Guwahati
Decided on: Jun-26-2008
B.P. Katakey, J.1. The petitioner wife by the present petition is invoking the jurisdiction of this Court under Article 227 of the Constitution of India by challenging the order dated 14-5-2007 passed by the learned Principal Judge, Family Court at Guwahati in Case No. FC(Civil) 417 of 2005 allowing the prayer made by the respondent husband vide application dated 18-4-2008 for conducting the deoxyribonucleic acid test (commonly known as DNA test) and directing the petitioner wife to produce the minor child before the Court on 12-7-2007 for conduct of such DNA test.2. A divorce proceeding in FC (Civil) 417 of 2005 was instituted by the petitioner wife in the Family Court at Guwahati under Section 13 of the Hindu Marriage Act, 1955 (in short the Act) praying for a decree dissolving the marriage between the petitioner and the respondent on the ground of cruelty. On receipt of the summons the respondent husband entered appearance and filed written statement denying the allegation of cruel...
Tag this Judgment!Sabita Kuri and ors. Vs. Gauhati High Court and ors.
Court: Guwahati
Decided on: Jun-26-2008
Hrishikesh Roy, J.1. Heard Mr. D.K. Biswas, learned Counsel for the petitioner Nos. 1 and 2. Also heard Mr. Section Talapatra, learned senior counsel appearing for respondent Nos. 1 and 2. None appears to represent the petitioner No. 3.2. This petition has been filed by the petitioners seeking stepping up of their pay with employees in the General Ministerial Cadre of the High Court. The petitioner Nos. 1 and 2 are also aggrieved by the order dated 17.5.1999 (Annexure 8), whereby their claim for stepping up pay have been rejected by the said order.3. Mr. D.K. Biswas, learned Counsel appearing for the petitioner Nos. 1 and 2, who are Translators of this Court, tries to justify the claim for stepping up of pay of the present petitioners on the basis of the judgment rendered by this Court on 14.2.1997 in Civil Rule No. 525/1994 reported in 1998(4) GLT 186 (High Court Employees Association v. Registrar, Gauhati High Court) and connected case Civil Rule No. 106/1996 (Sri Tikendrajit Majumd...
Tag this Judgment!Chandmohan Saha Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jun-25-2008
Hrishikesh Roy, J.Heard Mr. S. Kar Bhowmik, learned Counsel for the petitioner and also Mr. A. Ghosh, learned Counsel who represents the official respondents.2. The petitioner who served as a Lower Division Clerk (LDC) under the Directorate of Handloom, Handicrafts and Sericulture and who has since retired from service with effect from 30.4.2006, is before this Court to challenge a decision of the respondents to initiate a departmental enquiry by a charge memo dated 28.4.2006, which was issued just two days before he was to go on superannuation. The petitioner is also claiming granting of all service benefits due to him, which were allegedly denied to him, as he was placed under suspension since 15.1.1997 and was eventually made to retire from service without ever being reinstated to his post.3. By order dated 15.1.1997, the petitioner who was discharging the responsibilities as a Cashier was placed under suspension in contemplation of a disciplinary proceeding. On the same date, an F...
Tag this Judgment!Dhebua Rajowar Vs. State of Assam
Court: Guwahati
Decided on: Jun-25-2008
A. Hazarika, J.1. Heard Mr. B. Cherry, learned Amicus Curiae for the appellant. Also heard Mr. P.C. Gayan, Addl. Public Prosecutor, Assam.2. This appeal has been preferred by the accused from Jail, challenging the legality and validity of the judgment and order dated 4.3.2002 passed by the learned Ad-hoc Additional Sessions Judge, Fast Track Court, Sonitpur, Tezpur, convicting the accused appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life.3. The appellant herein is alleged to have killed his own mother namely Homeswari Rajowar. The facts leading to prosecution of the appellant are that on 23.3.1997 one Sri Betharam Boro lodged an FIR with the Officer-in-Chatrge, Bebejia Police Outpost alleging inter alia that at about 6 p.m. on' 22.3.1997 Sri Dhebua Rajowar, son of Sri Pirika Rajowar of Balisia Bahbari Tea Estate killed his mother by inflicting injuries on her person with sharp weapon as soon as she returned home after day long begging.It is ...
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