Guwahati Court June 2008 Judgments
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Dinesh Chandra Saha and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-05-2008
H. Baruah, J.1. Petitioner No. 1 and Petitioner No. 2 are both husband and wife while petitioner No. 3 is the daughter and petitioner Nos. 4 and 5 are their sons. They together filed this instant writ petition under Article 226 of the Constitution of India for setting aside the judgment dated 18.9.2000 passed by the learned President, the Illegal Migrants (Determination) Appellate Tribunal, Assam, Guwahati passed in Appeal Case No. 3 of 2000 and also the order dated 28.12.99 passed by the Superintendent of Police, Nagaon, Assam and further to issue direction to the respondent authorities forbearing from giving effect to the impugned judgment dated 18.9.2000 and order dated 28.12.1999.2. A reference was made under Section 8(1) of the Illegal Migrants (Determination by Tribunal) Act, 1983 to render a decision whether the petitioner Nos. 1 and 2 both husband and wife, resident of Ward No. 2, Hojai town and their family members are illegal migrants within the meaning of Section 3(c) of Il...
State of Tripura and anr., Etc. Vs. Indian Forest Service Association ...
Court: Guwahati
Decided on: Jun-05-2008
Asok Potsangbam, J.1. Heard Mr. B. Das, learned senior counsel assisted by Mr. S. Chakraborty, learned Counsel for the appellants and also heard Mr. K.N. Bhattacharjee, learned senior counsel assisted by Mr. S. Roy, learned Counsel for the respondents.2. This appeal is directed against the judgment and order dated 11-6-2001 passed by the learned single Bench of this Court in W.P. (C) No. 565 of 1999. The writ petitioner, the Indian Forest Service Association, Tripura Unit, represented by its General Secretary, challenged the following notification dated 1-3-1999 under No. 3235-3310/ SP(T)/RSV-44/98, notification dated 12-4-1999 under No. F.8(2)-TRANS/83(L), notification dated 30-1-1999 under No. F.26(12)-SA/76(P) and notification dated 27-11-1998 under No. F. 13(2)-TRANS/94, on the ground of arbitrariness and discrimination. The notification dated 11-3-1999 had been super-ceded by the notification dated 12-4-1999 which was issued by the Government in exercise of powers given under Sub...
State of Assam Vs. Ranjit Chandra Barman and ors.
Court: Guwahati
Decided on: Jun-05-2008
Hrishikesh Roy, J.1. Aggrieved by the judgment and order dated 8.5.08 allowing the Writ Petition No. 1559/08, the State has filed Writ Appeal No. 137/08 and Shri Khagendra Deka, respondent No. 5 in the writ petition, has filed the Writ Appeal No. 136/08. The Writ Petition was filed by Ranjit Chandra Barman, arrayed in the Writ Appeals as a respondent, to challenge the transfer order dated 7.3.08 by which the writ petitioner, who was working as the Executive Engineer, Guwahati West Water Resources Dvn. has been transferred and posted as the Deputy Director, Planning in the Office of the Director, Planning Water Resources Deptt. and the appellant Khagendra Deka, holding the post of Deputy Director has been posted as the Executive Engineer of the Guwahati West Dvn. It is not in dispute that by the said transfer order dated 7.3.08 neither the writ petitioner nor the appellant were being posted out of Guwahati and the transfer order results in shifting the incumbents from one office to ano...
Khiradabala Nath and ors. Vs. Assam State Electricity Board and ors.
Court: Guwahati
Decided on: Jun-04-2008
I.A. Ansari, J.1. All these writ petitions, having raised common questions of law, were heard analogously and are being disposed of by this common, judgment and order.2. Whether compensation, arising out of tortious act of the employees or functionaries of the State or its instrumentality, can be made available to a victim by invoking High Court's jurisdiction under Article 226 .of the Constitution of India, which is essentially a 'public law' remedy and, ordinarily, not available in the domain of 'private law'? If so, when can such an exercise of power, under Article 226 of the Constitution, would be possible or subject to what conditions, such exercise of power, under Article 226 of the Constitution, is possible? What is the rule of 'strict liability'? How does 'strict liability' differ from tortious liability, ordinarily, arising out of neglect, fault or wrongful act All these questions have arisen out of applications, made under Article 226, seeking compensation for the death of, ...
Puheswar Boro Vs. State of Assam
Court: Guwahati
Decided on: Jun-04-2008
Hrishikesh Roy, J.1. Heard Ms. U. Buzarbaruah, learned Counsel appointed as Amicus Curiae in place of the earlier appointed counsel Mr. S.C. Koyal who was absent when the case was called up yesterday although the case paper book was furnished to him much earlier. Also heard Mr. Z. Kamar, learned Public Prosecutor, Assam.2. This appeal is presented against the judgment and order dated 29.04.02 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 15/2001, whereby the appellant has been convicted under Section 302 IPC and has been sentenced to undergo Rigorous Imprisonment for life. The appellant has also been ordered to pay a fine of Rs. 2000/-, in default, to suffer rigorous imprisonment for another three months, by the impugned judgment.3. The prosecution case indicates that one Sri Haren Saikia (PW. 2) lodged an Ejahar with the Jagiroad P.S. on 13.04.99 stating that on that day at about 10 A.M. the accused Puheswar Boro took away his 17 years old daughter Pranati Saiki...
Rosendra Chandra Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-04-2008
I.A. Ansari, J.1. This Criminal Petition, made under Section 482 of the Code of Criminal Procedure (in short; 'the Code'), puts to challenge the order, dated 17.12.2007, passed, in G R. Case No. 2292/2006 (Corresponding to Dholai P.S. Case No. 157/2006), whereby the learned Sub-Divisional Judicial Magistrate, Silchar, has turned down the informant-petitioner's prayer for a direction to the police to further investigate the case in terms of Section 173(8) of the Code.2. The principal question, which the present Criminal Petition raises, is this: Whether a magistrate, on his own motion or an application made by an informant, direct, 'further investigation', into a case, by the police, under Section 173(8) of the Code, after the Magistrate has already accepted the police report (i.e., charge-sheet) submitted under Section 173(2) of the Code, whereby the police had found materials only against one or some of the accused named by the informant in the First Information Report (in short, 'th...
Tripura Public Service Commission Vs. Partha Sarathi Dutta and anr.
Court: Guwahati
Decided on: Jun-04-2008
H.N. Sarma, J.1. Challenging the legality and validity of the impugned judgment and order dated 9.1.2008 passed analogously in WP (C) No. 414/2005 and WP (C) No. 277/2006, the appellant, namely, Tripura Public Service Commission, has filed these two writ appeals and the same are heard analogously as prayed for by learned Counsel for the appellant.2. We have heard Mr. S. Deb, learned Senior Counsel assisted by Mr. P. Datta, learned Counsel for the appellant and Mr. Talapatra, learned Senior Counsel assisted by Mr. B. Banerjee for the respondents/writ petitioners, both the appeals.3. The broad facts involved in both the writ petitions out of which these two writ appeals arise are not in dispute. The facts to put short, are as follows. The Health Department in the State of Tripura being in requirement to appoint Lecturers in different branches of the Regional Institute of Pharmaceutical Science and Technology (for short 'RIPS AT'), Agartala, made a requisition to the Tripura Public Serv...
Oriental Insurance Co. Ltd. Vs. Gunamoni Bora and ors.
Court: Guwahati
Decided on: Jun-03-2008
I.A. Ansari, J.1. This is an appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act') against the award, dated 31.8.2005, passed by the Motor Accident Claim Tribunal, Nagaon, in MAC Case No. 210 of 2003, under Section 166 of the MV Act, whereby the learned Claims Tribunal has determined a sum of Rs. 8,75,000/-, as compensation, payable to the widow, sons and daughters of deceased Budheswar Bora, who had died in a motor vehicular accident, on 12.8.2002, as a result of negligent driving of the offending vehicle bearing registration No. BR-19/J-8133, and the learned Tribunal has accordingly directed the insurer to pay the said sum of Rs. 8,75,000/- with interest @ 9% per annum from the date of filing of the claim application until realization of the entire amount, the whole amount of compensation being payable within a period of sixty days with cost of Rs. 1,000/ -. Aggrieved by the award, the insurer has impugned the same in the presen...
Paltu Tanti Vs. State of Assam
Court: Guwahati
Decided on: Jun-03-2008
Aftab H. Saikia, J.1. Heard Mr. M. Nath, learned Counsel who has been appointed as Amicus Curiae in place of Mr. A. Sharma, the earlier appointed Amicus Curiae who has been found to be absent, when this Criminal Appeal has been taken up for hearing.2. Also heard Mr. Z. Kamar, learned P. P, Assam.3. Brief facts of the case as unfolded by the prosecution need, at the very outset, to be narrated.4. P.W-2 Smt. Vyjayanti Tanti on 25.06.2001 lodged an FIR with the Officerin-charge, Karimganj Police Station alleging that yesterday on 24.6.2001 at about 11 p.m. the accused/appellant suddenly attacked her husband Paresh Tanti and her father Motilal Tanti with a dao and started assaulting them randomly. At the time of assault, her father and husband were sitting unarmed and could not resist such sudden attack and as a result of which her father died and her husband having sustained grievous injuries, was put in a very critical stage.5. On completion of investigation so initiated on the basis of...
Jagdish Nayak Vs. State of Assam
Court: Guwahati
Decided on: Jun-02-2008
Aftab H. Saikia, J.1. Heard Mr. Amit Goyal, learned Amicus Curiae who has been appointed in place of Ms. N. Hawalia, the earlier appointed Amicus Curiae as she is found to be absent when this jail appeal has been taken up for hearing which has been pending since 2002. Also heard Mr. B. Section Sinha, learned Public Prosecutor, Assam, on behalf of the respondent.2. The conviction of the appellant under Section 302 IPC for killing his wife, Smt. Basanti Nayak (hereinafter referred to as 'the deceased') and subsequent sentence to undergo life imprisonment and to pay a fine of Rs. 500/-, in default, further rigorous imprisonment for another 3 months, so handed down by the learned Additional Sessions Judge (Adhoc), Jorhat, in Session Case No. 79 (J-J)/2000 vide his Judgment and Order dated 24.4.2002, has been assailed in this appeal by the appellant from jail.3. The facts of the case in short as unfolded by the prosecution are that an FIR lodged by one Sri Munshi Nayak, PW1 on 29.8.99 with...
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