Guwahati Court August 2008 Judgments
Promode Das and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Aug-29-2008
U.B. Saha, J.1. A man of a very poor family consisted of his wife and two minor children was brutally murdered. The appellants were later nabbed and tried for the offences. The trial Court convicted them under Section 302 read with Section 34 IPC and sentenced them to suffer R.I., for life and also to pay a fine of Rs. 1,000/- each, in default to suffer further S.I. for three months. They were also convicted under Section 448 read with Section 34 IPC and sentenced to suffer R.I. for one year and to pay a fine of Rs. 500/-, in default to suffer further S.I for 15 days. Against the said decision vide judgment dated; 16-1- 2002 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Sessions Trial No. 148 (WT7A) /98, the appellants have preferred the present appeal under Section 374 Cr. P.C.2. We have heard Mr. P.K. Biswas, learned Counsel along with Mr. A. K. Benerjee and Mr. M. K. Biswas, learned Counsel for the appellants and Mr. D. Sarkar, learned P.P for the respo...
Tag this Judgment!North East Plains People Traders and Youth Federation (Pptyf) and ors. ...
Court: Guwahati
Decided on: Aug-27-2008
Ranjan Gogoi, J. 1. The writ petitioner is an Association registered under the Societies Registration Act, 1860 having its registered office at Silchar within the State of Assam. The petitioner Association claims to represent the non-Mizo/non-tribal traders of Assam having business in Mizoram, particularly, in the districts of Aizawl and Lunglei. Most of the members of the petitioner Association, it is claimed, are permanent residents of the three districts in the Barak Valley of the State of Assam i.e. Cachar, Karimganj and Hailakandi. In the present writ application, the petitioner Association seeks to challenge the constitutional validity of the Eastern Bengal Frontier Regulation, 1873, hereinafter referred to as the Inner Line Regulation. The guidelines for the enforcement of the said Inner Line Regulation framed by the State of Mizoram in exercise of powers conferred by Section 2 of the aforesaid Regulation and published on 1.9.2006 has also been challenged in the present writ ap...
Tag this Judgment!Management of Boisahabi Tea Estate Vs. Presiding Officer, Labour Court ...
Court: Guwahati
Decided on: Aug-26-2008
Hrishikesh Roy, J.1. Heard Mr. P. J. Saikia, learned Counsel appearing for the petitioner/Management. Also heard Ms. A. Bhattacharyya, learned Counsel who appears for respondent Nos. 2 & 3 who are representing the interest of the workmen.2. The filing this writ petition, the Management challenges the award dated February 12, 2002 in Reference Case No. 5/1999 published on June 28,2002 rendered by the learned Labour Court, Dibrugarh whereby the reference was answered in favour of the workmen by holding that the Management is not justified in not paying pension to the concerned employees under the Pension & Retirement Benefits Scheme (hereinafter referred to as the 'Retirement Scheme') (Annexure-A).3. Under the aforesaid retirement scheme dated September 23, 1968 it was provided that with effect from January 1, 1968 certain pensioner/benefits would be given to those employees who joined the services of the participating Companies prior to January 1, 1950 and who did not contribute to th...
Tag this Judgment!Babulal Sharma Vs. Sant Kumar Bajoria
Court: Guwahati
Decided on: Aug-25-2008
H.N. Sarma, J.1. Challenge made in this petition is the judgment and order dated 27.9.2007 passed by the learned Additional District Judge, Shillong, in FAO No. 3 (SH)/2007 thereby allowing the appeal filed by the respondent herein.2. I have heard Mr. M.F. Quereshi, learned Counsel for the plaintiff-petitioner and Mr. H.S. Tangkhiew, learned Counsel for the defendant-respondent.3. The petitioner instituted Title Suit No. 36 (SH)/2007 in the Court of the Munsiff, Shillong, for declaration and permanent injunction. To be specific, the prayers made in the suit are as follows:a) A decree declaring that the plaintiff is a lawful tenant under the defendant and that the plaintiff is entitled to use for ingress and egress the unused portion of the defendant's land which stands in between the GS road and the tenanted premises by developing a passage at the own cost of the plaintiff over the aforesaid unused portion of the land owned by the defendant from the right hand side of the Shillong Co-...
Tag this Judgment!Indian Potash Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-19-2008
Hrishikesh Roy, J.1. Heard Mr. L.P. Sharma, learned Counsel appearing for the petitioner. Also heard Mr. S.N. Sarmah, learned Sr. advocate representing the workman/respondent No. 2.2. The writ petitioner/management by filing this petition challenges the award dated April 12, 2002 in Reference Case No. 38/1997 given by the learned Labour Court, Guwahati holding the management guilty of unfair labour practice because of the transfer/deputation order dated May 13, 1997, issued against the workman. The learned Labour Court has also directed that the workman be permitted to resume his duty at Guwahati with full back wages. Permission for prosecution of the Management under Section 25-U of the Industrial Disputes Act (hereinafter referred to as 'the I.D. Act') has also been granted by the award impugned before this Court.The workman who was appointed on November 2, 1981 as a driver under the writ petitioner-company is the beneficiary of the award under challenge.3. The award came to be pas...
Tag this Judgment!Ratul Neog Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-13-2008
Aftab H. Saikia, J.1. Heard Mr. S. Medhi, learned Counsel for the appellant as well as Mr. V.M. Thomas, learned Standing Counsel, Education Department representing the official respondents/State of Assam and others and also heard Mr. S.N. Sarma, learned Senior Counsel assisted by Mr. N. Sarma, learned Counsel representing the Respondent No. 5.2. The legality and correctness of the order dated 31.7.08 passed by the writ court in W. P. (C) No. 1160/08 has been assailed in this instant writ appeal.3. The appellant herein, who was working as Lecturer in District Institution of Education and Training (for short, 'DIET'), Samuguri, Nagaon was transferred vide order dated 14.3.08 to his new place of posting as Lecturer in DIET, Chabua, Dibrugarh. On the other hand by the same order the Respondent No. 4, who was working as Lecturer, DIET at Morigaon, was transferred to Samuguri, Nagaon in place of the appellant and Respondent No. 5 who was working at Chabua, Dibrugarh, was transferred to DIET...
Tag this Judgment!Swapan Kumar Pal Vs. Oil and Natural Gas Corporation Ltd. and ors.
Court: Guwahati
Decided on: Aug-13-2008
B.D. Agarwal, J.1. The writ petitioner is a contractor under ONGC (respondent No. 1) for providing light vehicles on rental basis. The writ petitioner was given the first work order for supplying vehicles for the year 2002 against NIT No. AGTATPT/LV Geeps)/10/2002 dated February 22, 2002. On the basis of the same NIT further work orders were also issued in subsequent years.2. Under the Finance Act, 1994, Chapter V was inserted introducing the concept of 'service tax'. Cab providers were also brought within the purview of service tax with effect from July 16, 1997. Thereafter respondent No. 4, i.e., the Superintendent, Service Tax, Agartala Range, issued notices to the writ petitioner for depositing service tax. Since the petitioner was of the view that he was only a collector of service tax on behalf of the department, he requested the ONGC to reimburse the service tax from the period from October, 2004 to August, 2005 by way of raising supplementary bills on December 29, 2005. Prior ...
Tag this Judgment!Ranjana Begum Laskar and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-13-2008
Ranjan Gogoi, J.1. Both the writ petitions being founded on similar facts and the reliefs sought for being identical, were heard together and are being disposed of by this common order.2. The petitioner in WP (C) No. 4549/ 2003 was appointed on 02.02.98 as an honourary teacher in No. 745 Punirmukh L. P. School under Dholai Police Station in the district of Gachar. According to the petitioner, the Deputy Inspector of Schools, Silchar by an order dated 23.02.2001 appointed/adjusted the petitioner against a substantive vacant post in the same school. The petitioner contends that notwithstanding the fact that she had been rendering continuous service with effect from the date of her appointment as an honourary teacher, no salary was forthcoming even after her adjustment against a substantive vacant post. She, therefore, instituted a writ proceeding before this Court i.e. WP (C) No. 7593/2001 seeking a direction for payment of her salary with effect from 23.02.2001. The said writ petition ...
Tag this Judgment!B.T. Murry Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Aug-11-2008
K. Meruno, J.1. Heard Mr. E.Y. Renthungo, learned Counsel for the petitioner, Mr. N. M. Jamir, learned Government Advocate for the State respondents and Mr. L. Wabang, learned Counsel for respondent No. 4.2. The petitioner was appointed as Chairman of Sanis Village vide Notification No. COUN-1/88-89, dated 24.3.06, pursuant to ameeting held by the entire citizens of Sanis Village, wherein the petitioner was unanimously elected/selected as the Chairman of Sanis Village and the same was approved by the competent authority. The trouble arose when respondent No. 3 forwarded an application submitted by 12 Village Council Member (VCM) of Sanis Village Council for removal of the present petitioner. Pursuant to the said complaint, the petitioner was removed from the office of the Chairman of the Village Council vide order dated 22.4.08 and on the same day by notification dated 22.4.08, the respondent No. 4 namely K. Nchumbemo Murry was declared selected/elected as Chairman of Sanis Village. T...
Tag this Judgment!Ramadhar Lall Vs. State of Assam
Court: Guwahati
Decided on: Aug-08-2008
I.A. Ansari, J.1. By making this application, under Section 482 of the Code of Criminal Procedure, (in short, 'the Code'), the petitioner, who is an accused in GR Case No. 3816/1998, arising out of Bharalumukh P.S. Case No. 195/98, has put to challenge, inter alia, the order, dated 28.08.2003, whereby the learned Judicial Magistrate, Kamrup, has rejected the report, commonly known as 'final report', submitted by the police, on completion of investigation under Section 173(2)(i) of the Code, recommending closure of the case and also the order, dated 01.09.2003, whereby the learned Chief Judicial Magistrate, Kamrup, has taken cognizance of offences under Sections 448/326/307 IPC and made over the case to another Magistrate for disposal.2. I have heard Mr. S.S. Sharma, learned Senior counsel, for the petitioner, and Mr. K. Munir, learned Additional Public Prosecutor, Assam.3. Before entering into the discussion as to whether the orders, when stand impugned in this petition, are legally s...
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