Guwahati Court January 2009 Judgments

Oil and Natural Gas Corporation Ltd. and anr. Vs. Government of Assam ...

Court: Guwahati

Reported in: AIR2009Gau77

Asok Potsangbam, J.1. Heard Mr. B.C. Das, learned Sr. Advocate and Mr. P.K. Roy, learned Advocate, on behalf of the appellants. Also heard Mr. B.J. Ghosh, learned G.A. on behalf of the Government respondents and Mr. A.K. Goswami, learned Sr. Advocate, on behalf of the private respondent No. 6.2. In this writ appeal, the challenge is to the judgment and order dated 9-8-2005 passed by the learned single Judge dismissing W.P. (C) No. 4169 of 2002 and upholding the validity of the award dated 10-1 -2002 passed by the respondent No. 4. Brief facts which are necessary for disposal of this writ appeal may be noticed as hereunder.3. The appellant is a Company dealing with the business of exploration and exploitation of oil/gas fields in various parts of the country including the North Eastern Region and the appellant-company uses liquid nitrogen for the purpose of well stimulation in its oil field operation. The respondent No. 6 is a liquid nitrogen manufacturing firm/company and through a pro...

The State of Manipur and anr. Vs. Shri Thokchom Jadumani Singh

Court: Guwahati

Reported in: 2009CriLJ3299

ORDERT. NK. Singh, J.1. This revision petition under Sections 397 and 401 of the Cr. P. C. read with Article 227 of the Constitution of India is directed against the order dated 11-7-2008 passed in Criminal Misc. (Bail) Case No. 52 of 2008 by the learned Sessions Judge, Manipur West for granting anticipatory bail to the respondent Shri Thokchom Jadumani Singh, an accused in the FIR Case No. 102 (4) 2008 Thoubal P. S. under Section 121/121-A, I.P.C. and 17, 20 UA (P) A Act, 2004 for an indefinite period. For easy reference, the impugned order dated 11-7-2008 is quoted hereunder:I have heard the Ld. Counsel for the petitioner and the ld. Addl. P. P. for State. After hearing the ld. Counsel for the petitioner/accused and on perusal of the available materials on record it is found that the accused/petitioner. Th. Jadumani Singh has been suspected of using terrorist fund raised by underground organization PLA in establishing one Petrol Pump of Khangabok under the name of Sorojini filling st...

Mahananda Gogoi Vs. State of Assam and ors.

Court: Guwahati

Reported in: AIR2009Gau81

ORDERB.P. Katakey, J.1. A Notice Inviting Tender (NIT) was issued by the Chief Executive Officer, Dibrugarh Zilla Parishad on 28-4-2008 calling for tenders in sealed cover for settlement of various markets including Borboruah Weekly Market for the period from 1-7-2008 to 30-6-2009 fixing 12-6-2008 as the last date for submission of tender, at the Government value at Rs. 3,11,119.00. 8 (Eight) bidders including the petitioner and the respondent No. 4 submitted their tenders. While the petitioner offered Rs. 4,51,999.99, the respondent No. 4 offered Rs. 4,51,090.00 and the other 6 (six) bids were less than the bids of the petitioner and the respondent No. 4. The General Standing Committee of the Zilla Parishad thereafter, decided to settle the market in question in favour of the respondent No. 4 by rejecting the tender submitted by the writ petitioner on two counts, namely, (i) he is a licensee for a Government fair price shop and (ii) his tender is defective having not enclosed the Tax ...

Biswa Chandra Debbarma and anr. Vs. State of Tripura and ors.

Court: Guwahati

Hrishikesh Roy, J.1. Heard Mr. S. Deb, learned senior Counsel appearing for the writ appellants/writ petitioners. Also heard Mr. S. Chakraborty, learned Government Advocate representing the State Authorities.2. Being aggrieved by the judgment and order dated 16-4-2004 in the W.P.(C)276/2003, the writ petitioners have preferred the present appeal. By filing the writ petition, the appellants sought directions from the Court for payment of financial assistance as surviving victims of extremist attack. The said payment was sought to be justified by the petitioners in terms of the scheme for granting of financial assistance formulated by the Government of Tripura and notified by the Memorandum dated 1-1-2000. It may be recorded that under the said Memorandum dated 1-1-2000, financial assistance is to be provided to, inter alia, members of the public who are victim of extremists violence. Under Clause 2(a) of the Memorandum, the compensation payable, which was earlier fixed at Rs. 50,000/- ...

Arjun Kumar Vs. State of Assam

Court: Guwahati

1. This appeal from jail is directed against the judgment and order dated 21/11/2002 passed by the learned Additional Sessions Judge-I (Adhoc), Tinsukia in Sessions Case No. 67(T)/2002 convicting the accused appellant under Sections 302 and 323 of the Indian Penal Code (for short hereafter referred to as the Code). Thereby he was sentenced to undergo rigorous imprisonment for life for his conviction under Section 302 of the Code and was required to pay a fine of Rs. 500/- for his conviction under Section 323 of the Code in default to suffer rigorous imprisonment for 10 days.2. We have heard Mr. R. Goswami, learned Amicus Curiae for the accused appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam. 3. The prosecution case unfolds with the FIR dated 15/1/2001 lodged by one Shri Amit Nayak with the Office-in-Charge, Tinsukia Police Station alleging that the accused appellant had in the previous night of 14/1/2001 assaulted his elder sister, Smt. Lakheswari Dhani. It was further st...

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

Court: Guwahati

Ranjan Gogoi, J.1. The validity of the Assam Entry Tax Act, 2008 and the Rules framed thereunder along with the provisions of the Assam Entry Tax (Amendment) Ordinance, 2008 have been questioned in this group of writ petitions. Consequently, all the writ petitions were heard together and are being answered by means of this common order.2. Before adverting to the specific grounds of challenge as unfolded by the laborious arguments advanced on behalf of the contesting parties it will be useful to notice, though very briefly, the somewhat chequered history of the impugned legislation and the earlier challenges made before this Court as against the predecessor legislations.3. The Assam Entry Tax Act, 2001 (hereinafter referred to as, 'the Act of 2001') which is the predecessor legislation was brought into force with effect from October 1, 2001. The said Act which was enacted in exercise of powers under article 246 read with the entry 52 of List II of the Seventh Schedule to the Constituti...

Lukba Rime and Etc. Vs. State of Arunachal Pradesh

Court: Guwahati

Reported in: 2009CriLJ3100

P.K. Musahary, J.1. Beyond what is defined under the Penal Code, one has to be alive with the universally accepted observations made at times by the Apex Court that rape is an obnoxious act of highest order against the entire society, a dehumanizing act against basic human and fundamental rights; for a women is ravished against her will per force, fear or fraud causing not only physical scar but also a deep sense of deathless shame pushing her to physiological and emotional crisis with added sufferance from social victimization or ostracism. We are reminded to deal with such a heinous crime in a light manner would be an affront to the society. Here it is a rape case.2. And these criminal appeals have been preferred by the appellants against the judgment & order dated 28.06.2007, passed by the learned Additional Sessions Judge, FTC, Basar, in BSR/SESS. Case No. 199/2002 convicting Sri Lukba Rime, Appellant in Criminal Appeal No. 01 (AP) 2008 Under Section 376 IPC and sentencing him to u...

State Bank of India and ors. Vs. P. Zadenga

Court: Guwahati

Reported in: (2009)IVLLJ883Gau

T. Nandkumar Singh, J.1. The challenge in the present appeal is to the judgment and order of the learned single Judge dated July 25, 2007, allowing the writ petition, W.P. (C) No. 12/2005 filed by the respondent/writ petitioner assailing the disciplinary proceeding initiated against the respondent/writ petitioner vide Memorandum dated December 8, 1999, the order dated March 28, 2003 inflicting the penalty of dismissal from service on him and the order dated August 16, 2004 passed by the appellate authority rejecting the departmental appeal filed by the respondent/writ petitioner and thereby interfering with the impugned order for dismissal and its confirmation by the appellate authority vide order dated August 16, 2004 only on the ground of contravention of Clause 4 of Annexure-II to the Memorandum of Understanding (hereinafter refers to as 'MOU.') dated April 10, 2002 and allowed the disciplinary authority to act in terms of the said clause in a matter as comprehended therein as soon ...