Guwahati Court July 2008 Judgments
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Abu Taher Sk. Vs. State of Assam
Court: Guwahati
Decided on: Jul-16-2008
Amitava Roy, J.1. The judgment and order dated 11.01.2002, passed by the learned Additional Sessions Judge (Ad-hoc) at Kokrajhar in Sessions Case No. 3/1996, convicting the accused/appellant under Section 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 5,000/-, in default to suffer further 1 year simple imprisonment, forms the subject matter of the present appeal.2. The appellant, in jail, has questioned the legality and/or the validity of his conviction as well as the sentence referred to hereinabove.3. We have heard Ms. S.D. Baruah, learned Amicus Curiae for the appellant and Mr. Z Kamar, learned Public Prosecutor, Assam for the State.4. The prosecution case opens with an FIR lodged with the Officer-in-Charge, Tulsibil Police Out-Post on 20.07.1994, whereby Md. Nurul Islam Mandal alleged that about 11.45 p.m. on 19.07.1994 his younger sister Hasina Bibi was killed by her husband Md. Abu Taher Seikh, the accused/appellant. The FIR disclosed that the dead ...
Kharibam Ibomcha Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jul-16-2008
B.K. Sharma, J.1. The petitioners, numbering 89, seek interference with the notification issued under Section 6 of the Land Acquisition Act, 1894 declaring that the lands specified in the schedule thereto are needed for public purpose. The prayer of the petitioners is to set aside and quash the said notification and to issue a writ of Mandamus directing the respondents not to interfere with the peaceful possession of the land in question.2. While entertaining the writ petition, this Court by order dated 16.1.2008 partially stayed the notification. However, the stay order was vacated on the basis of the application filed by the respondents for vacation of the said interim order. The application was registered and numbered as Civil Misc. Application No. 62/2008. The prayer made in the application was allowed by order dated 11.4.2008 making a grievance against which the petitioners preferred a writ appeal being W.A. No. 143/2008. By order dated 26.5.2008, the writ appeal was disposed of ...
Kishan Singhania Vs. Dilip Singhania
Court: Guwahati
Decided on: Jul-10-2008
T. Vaiphei, J.1. This revision petition is directed against the order dated 29-11-2006 passed by the Chief Judl. Magistrate, Shillong in C.R. Case No. 1123(S) of 2007 issuing process against the petitioner for the offences alleged against him under Section 468/420, I.P.C, which according to him, is in contravention of the provisions of Section 195(b)(1), Code of Criminal Procedure.2. The case of the petitioner, briefly stated, is that he is the tenant of the respondent in respect of the premises situate at Thana Road, Shillong and is running a hotel known as 'M/s. Rajasthan Hotel' and that after the death of the father of the respondent, the family property was divided among the respondent and his brothers. The respondent was thereupon allotted the disputed premises as his share. The petitioner claims that he has been regularly paying the monthly rent to the respondent and had also paid on one occasion on 17-9-2000 a sum of Rs. 2,80,000/- as an advance rent, the receipt whereof was is...
Lalsanglora and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Jul-03-2008
H. Baruah, J.1. By filing the above three Writ Petitions (WP(C) Nos. 58, 71 & 89 of 2006), the respective writ petitioner [Ex-SI(M)] Laldinliana, in writ petition No. 71 of 2006, Shri Lalsanglora in Writ Petition No. 58 of 2006 and Smt. Anne Zosangliani in Writ Petition No. 89 of 2006 has challenged the legality and correctness of the order under Memo No. AZL/DEF/DE-LDL(SI(M))/99/983 dated 6.3.2002 issued by the respondent No. 5 whereby the writ petitioner was removed from service with immediate effect and also the order under Memo No. C.16014/Range/LDL/02/46 dated 13.6.2006 issued by respondent No. 4 by which the appeal preferred by the petitioner against the order of removal was rejected; order under Memo No. AZL/DEF/DE-LSR(SI(M))/99/98 dated 6.3.2002 issued by Superintendent of Police, Aizawl (respondent No. 4) removing the petitioner from service with immediate effect and order under Memo No. C.I6014/Range/lS 1/02/41 dated 6.6.2006 issued by the Deputy Inspector General of Police ...
Bhupen Biswas Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-02-2008
B.P. Katakey, J.1. The unfortunate son of an under-trial prisoner, Kanak Biswas, who was in judicial custody in Guwahati Central Jail as an accused' in connection with Khetri P.S. Case No. 127/06 registered Under Section 302/34 IPC, by the present petition is praying for compensating the family of the under trial prisoner alleging negligence on the part of the respondents in extending the proper medical treatment.2. The father of the petitioner, namely Kanak Biswas, aged about 60 years, was arrested in connection with Khetri P.S. Case No. 127/06 registered Under Section 302/34 IPC, on the basis of the FIR lodged by one Dipak Paul on 23.7.06, alleging killing of his daughter by her husband, father-in-law (Kanak Biswas), mother-in-law, sister-in-law and the brother-in-law. During investigation, the police arrested Kanak Biswas on 26.7.06 and under the order of the Court, when produced before the learned Magistrate, he was lodged in Central Jail at Guwahati under judicial custody. During...
Uttam Nandi Vs. Momi Nandi
Court: Guwahati
Decided on: Jul-02-2008
T. Nandakumar Singh, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1955 (for short 'Act 1955') is directed against the order dated 7.4.07 passed by the learned Additional District Judge, Fast Track Court, Sonitpur at Tezpur.2. Heard Mr. A.R. Banerjee, learned Senior Counsel assisted by Miss B. Choudhury, for the appellant and Mr. T.C. Khetri, learned Counsel for the respondent.3. The appellant (husband) filed a suit for divorce being No. T.S. (D) Case No. 36 of 2004 for dissolution of marriage of the appellant with the respondent (wife) by a decree of divorce in the court of the learned Additional District Judge, Sonitpur at Tezpur. During the pendency of the T.S. (D) Case No. 36/2004, the respondent (wife) filed an application being No. NIL dated 10.1.2005 under Section 24 of the 'Act 1955' for payment of maintenance pendentelite and expenses of proceedings in T.S. (D) Case No. 36/2004. The learned Additional District Judge, Fast Track Court allowed both the parties to...
Harendra Kumar Deka Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-02-2008
Jasti Chelameswar, C.J.1. Heard Ms. M Deb, learned Counsel appearing for he petitioner. Also heard Ms. B Goyal, learned Govt. Advocate who represents the State respondents.2. The present petition has been filed seeking direction of the Court for conducting an enquiry into the killing of the petitioner's son Prakash Deka @ Mridul who was killed in police firing on 8-8-2007 and also for directions for paying compensation to the petitioner and for taking appropriate actions against the guilty police officers.3. Pursuant to the notice issued by this Court, counter affidavit on behalf of the Deputy Commissioner, Darrang, Mangaldoi of Darrang District is filed.4. It is not in dispute that the petitioner's son died on account of police firing, while he was driving accompanied by six others and proceeding in a Maruti Van. It is not in the dispute that in the process one of the other passengers Smti Gita Kalita also sustained a bullet injury in her leg. It is also not in dispute that the vehic...
Bina Lala Vs. Ahalya Lala and ors.
Court: Guwahati
Decided on: Jul-02-2008
Aftab H. Saikia, J.1. Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. Section Senapati, learned Counsel for the appellant. Also heard Mr. A.K. Bannerjee, learned Senior Counsel assisted by Ms. P. Chakraborty, learned Counsel for the Respondent No. 1, Mr. B. K. Goswami, learned senior counsel assisted by Mrs. T. Goswami, learned Counsel for Respondent No. 2, Mr. C.K. Sarma Baruah, learned Senior Counsel assisted by Ms. A. Dey, learned Counsel for Respondents No. 3 and 15 and also heard Mr. A.K. Goswami, learned Senior Counsel assisted by Ms. B. Sharma, learned Counsel for the Respondents Nos. 4,6 and 8.2. This First Appeal has been directed against the judgment and decree dated 24.12.01 passed by the learned Civil Judge (Sr. Divn.), No. 1, Cachar, Silchar in Title Suit No. 23/87 on being preferred by the defendant No. 7/appellant (hereinafter referred to as 'the appellant') against the plaintiffs Nos. 1 and 2/respondents (hereinafter referred to as 'the respondent Nos....
Dhanani Shoes Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-02-2008
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 under the Assam Value Added Tax Act, 2003 (in short, 'the Act'). The petitioner-company deals in plastic and leather footwear, sports goods, readymade 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 petitio...
State of Assam Vs. Nirmalibora and ors.
Court: Guwahati
Decided on: Jul-01-2008
Aftab H. Saikia, J.1. The State of Assam through its Commissioner and Secretary, Department of Education has preferred the instant writ appeal assailing the common Judgment and Order dated 8.4.2002 passed by the learned Single Judge in a batch of writ petitions, being preferred by the writ petitioners/respondents herein (hereinafter referred to as 'the respondents') who being appointed under the scheme of 'Operation Blackboard' (for short 'OB') as Assistant Teachers in various ME./M.V./M.E.M Schools in the State of Assam seeking for regularization of their respective services against the regularity sanctioned post thereof with a further prayer made therein to direct the State respondents to refrain from terminating their services at the end of month of March, 2002, pending regularization of their services, whereby the writ petitions were disposed of with a direction to the Government of Assam and other State respondents to regularize the services of the respondents appointed as Assist...
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