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Guwahati Court June 2008 Judgments

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Jun 12 2008

Gauhati Medical College Teachers' Association and Anr. Vs. State of As ...

Court: Guwahati

Decided on: Jun-12-2008

A. Hazarika, J.1. Heard Mr. M. Bhuyan, learned Counsel for the petitioners. Also heard Mr. D. Saikia, learned Standing Counsel, Finance and Health Department and Ms. M. Das, learned State Counsel.2. The petitioner is a registered Association named and styled as Gauhati Medical College Teachers' Association. The writ petition pertains to the grievances of the batch of faculty members of the Association who are serving as Assistant Professors and Associate Professors at the Gauhati Medical College, Guwahati. The main grievance of the petitioner is that vide order dated 18.09.1999 (Annexure-9) the State Respondents have denied the All India Council for Technical Education (AICTE for short) pay scale to the Associate Professors and Assistant Professors of the Medical Colleges of the State at par with that of the Assistant Professors/Lecturers (Selection Grade) as well as Professors (Technical) of Engineering Colleges.3. The brief facts of the case is that prior to 01.01.1981, the Assistan...


Jun 12 2008

Taru Das Vs. State of Tripura

Court: Guwahati

Decided on: Jun-12-2008

B.D. Agarwal, J.1. It is a classic case wherein an illterate minor girl from an interior place in the State of Tripura was procured for the purpose of seducing her to illicit sexual Intercourse and ultimately sold the girl to a racket who engaged the girl for prostitution.2. The prosecution story as could be revealed from the record is that the victim girl was first enticed by one Sankar Debnath from her native place Gouranga Till under Teliamura Police Station on 14-5-1993. Thereafter, the victim girl was taken to another place known as Tuchindrai. At this place, the present appellant, namely, Taru Das, joined the principal accused Sankar Debnath. Within moments of his introduction with the victim girl, the appellant-Taru Das expressed his desire to marry the girl. Having been persuaded for the marriage proposal, the victim girl was taken to Ambassa and finally to Silchar, a town in the State of Assam. The victim girl was allegedly handed over to one person at Silchar who again sold ...


Jun 11 2008

Dholly Sinha Vs. State of Assam

Court: Guwahati

Decided on: Jun-11-2008

P.K. Musahary, J.1. The appellant, a house wife in her mid thirties, having been charged with the offence of killing her husband was tried and convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- only, in default of payment of fine to undergo RI for another 3 (three) months by judgment and order dated 30.07.2003 passed by the learned Additional Sessions Judge, Cachar in Sessions Case No. 12/03. The appellant has been in custody since 12.05.2002 throughout the trial and she has approached this Court in appeal from Jail against the aforesaid conviction and sentence.2. The facts leading to conviction of appellant are that on 11.05.2002 at 2 AM while Joydev Sinha, husband of the accused was asleep, the accused Dholly Sinha killed him by hacking with a dao and the dead body was lying on the verandah. An FIR was lodged by one Khirodh Sinha, brother of the deceased with the OC, Borkhola Police Station and a case being Borkhola...


Jun 11 2008

Suben Maradi and anr. Vs. State of Assam

Court: Guwahati

Decided on: Jun-11-2008

P.K. Musahary, J.1. This appeal is directed against the judgment and order dated 10.6.2003 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 11/2001 convicting the accused-appellants under Section 302/201, IPC and sentencing them to undergo rigorous imprisonment for life with a fine of Rs. 1,000/- each, in default to undergo R.I. for another one month.2. The prosecution case arose out of an FIR lodged by Amulya Deka, PW 5 on 30.7.1997 with reference to GD. entry No. 659 dated 29.7.1997 alleging that after due enquiry, he came to know that in the month of March, on certain Monday, by night, the appellants alongwith other accused persons killed one Rajen Baraik arid burried his dead body within the house compound of accused Chandro Pator. During investigation, the accused persons unearthed the dead body in presence of police and some local people. One Raju Baraik, the elder brother of the deceased tried to conceal the whole occurrence taking Rs. 3,600/- from the accus...


Jun 11 2008

Nirendra Nath Koch Vs. State of Assam and ors.

Court: Guwahati

Decided on: Jun-11-2008

P.K. Musahary, J.1. Heard Mr. B.P. Borah, learned Senior Counsel assisted by Mr. D. Borah, learned Counsel for the petitioner, Mr. B. Bhattacharjee, learned Standing Counsel, ASEB and Mr. B.C. Saikia, learned Additional Senior Government Advocate for the State of Assam.2. This application under Article 226 of the Constitution of India has been filed by the petitioner challenging the office order No. 105 dated 17.2.1996 issued by the Chief Engineer (D), Assam State Electricity Board (ASEB), accepting the voluntary retirement sought by the petitioner which was purportedly withdrawn by him before its acceptance by the employer.3. The petitioner was appointed as Junior Engineer in the ASEB vide order dated 3.5.1982 and was posted at Gossaingaon in the district of Kokrajhar. He completed more than 10 years of continuous service without any blemish from any quarter. In July 1995, the petitioner made an application vide Annexure-B before the Chief Engineer, ASEB praying for voluntary retirem...


Jun 10 2008

Assam Scientific Instrument Dealers Association Vs. State of Assam and ...

Court: Guwahati

Decided on: Jun-10-2008

B.K. Sharma, J.1. The challenge made in the writ petition is the manner and method in which the private respondents have been favoured with supply orders by the Government of Assam in the Education Department. The supply order pertains to supply of science kits to upper primary school under award of 12th Finance Commission 2007-2008. The amount involved is Rs. 18.16 crores. Considering such huge amount involved and the methodology adopted towards awarding the supply orders, the matter is of immense importance. It is the grievance of the petitioner's Association that the supply orders have been issued in favour of the private respondents in a hush hush manner, de hors the transparency and without following the Government norms through tender system.2. The petitioner is the Association consisting of members dealing with scientific instruments. It is the Government registered society under the Societies Registration Act, 1860. Facts involved are narrated below.3. By Annexure-B letter dat...


Jun 10 2008

Adil Tanti Vs. State of Assam

Court: Guwahati

Decided on: Jun-10-2008

Hrishikesh Roy, J.1. Heard Mr. B.K. Singh, learned Amicus Curiae appearing on behalf of the appellant and Mr. K.C. Mahanta, learned Public Prosecutor, Assam, for the State respondent.2. This appeal is filed to challenge the judgment and order dated 28.06.2002 in Sessions Case No. 86/01, rendered by the learned Sessions Judge, Golaghat, whereby the accused/appellant has been convicted under Section 302 IPC and has been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1,000/-, in default to pay fine, to undergo further rigorous imprisonment for another 2 months.3. The prosecution case as set out is that on the morning of 02.10.01, Sonatan Tanti, the husband of the deceased (Smt. Janmoti Tanti) had rebuked the son (Bhip Charan Tanti) for not performing domestic works in the house. The accused/appellant who was a neighbour protested Sonatan for rebuking his son and then left the house. Thereafter, at about noon time, the accused in a drunken condition returned to t...


Jun 06 2008

Keyirangding Hegui Vs. State of Nagaland and ors.

Court: Guwahati

Decided on: Jun-06-2008

P.K. Musahary, J.1. A is born to Naga parents in Nagaland. B is also born in Nagaland but to Naga parents who hail from outside the geographical boundary of Nagaland. Unlike A, B would be required to prove his status as indigenous inhabitant of the State of Nagaland for the purpose of securing public employment. Certain conditions are to be fulfilled for proving the status of indigenous inhabitants of Nagaland and the same have been laid down in Office Memorandum No. AR/8/76 dated 19.4.1983. The petitioner belongs to category A, while the private respondents 6 and 7 belong to category B. They all belong to Zeliang Tribe. The petitioner and the private respondents participated in the recruitment of the Nagaland Civil Services and Allied Services conducted by the Nagaland Public Service Commission in response to Advertisement No. 3/2003-2004 dated 11.11.2003. The Nagaland Public Service Commission (hereinafter referred to as, 'the Commission' only) prepared a list of 7 (seven) Zeliang ...


Jun 06 2008

Malay Saha Vs. State of Tripura

Court: Guwahati

Decided on: Jun-06-2008

B.D. Agarwal, J.1. A short but an important question of law has been raised in this revision application. The question that is to be answered by this Court is whether a prayer for compounding an offence under Section 498A of the Indian Penal Code can be allowed to be compounded on compromise.2. Heard Shri R. Dutta, learned Counsel for the petitioner and Shri A. Ghosh, learned Addl. Public Prosecutor for the State respondent.3. Initially this revision application was filed under Section 401 read with Section 397 of the Code of Criminal Procedure (briefly Cr.P.C.) challenging the concurrent Judgments of the courts below convicting the petitioner under Section 498A of the Indian Penal Code ('IPC in short). It may be noted here that the petitioner was convicted under the aforesaid provision of law vide Judgment and Order dated 6.3.2006 passed by the learned Chief Judicial Magistrate, South Tripura, Udaipur in G.R. Case No. 77 of 2004. The said order of conviction was confirmed by the lea...


Jun 05 2008

Baba Saikia Vs. State of Assam

Court: Guwahati

Decided on: Jun-05-2008

I.A. Ansari, J.1. This is an appeal against the judgment and order, dated 25.09.2007, passed, in Special Case No. (1) of 2002, by the learned Sessions Judge, North Lakhimpur, whereby the appellant stands convicted under Section 18(a) of the Narcotic Drugs and Psychotropic Substances Act 1985 (in short, 'the NDPS Act') and sentenced to suffer rigorous imprisonment for six months and pay fine of Rs. 2,000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of one month.2. I have heard Mr. G Uzir, learned Counsel for the appellant, and Mr. V.S. Singh, learned Additional Public Prosecutor, Assam.3. The case of the prosecution is, in brief, thus: On 21.06.2002, a police party, headed by Sub-Inspector, Subhan Chandra Das, In-Charge, Narayanpur Out Post, which falls under Bihpuria Police Station, searched the house of the accused-appellant and, having found 10 grams of opium, kept concealed in the house, and another 100 grams of opium, kept beneath a bana...


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