Guwahati Court May 2010 Judgments

Sri Silbanus Kujur Vs. the State of Assam.

Court: Guwahati

1. This appeal is directed against the judgment and order dated 20.1.2003 passed by the learned Sessions Judge, Dibrugarh in Sessions Case 39/2001 by which the accused appellant has been convicted under Section 302/352 IPC. The appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for six months more for the offence under Section 302 IPC. He has also been sentenced to pay a fine of Rs. 200/- for commission of the offence under Section 352 IPC, in default simple imprisonment for a period of three months. Aggrieved by the aforesaid conviction and the sentences imposed, this appeal has been filed from jail.2. We have heard Sri SK Medhi, learned Amicus Curiae and Mr. D Das, learned Public Prosecutor.3. The law was set in motion by PW 1 by lodging an ejahar in the Joypor police station stating that in the previous night i.e. 28.6.2000, the accused appellant, who is his elder brother, had caused griev...

Carbon Resources Pvt. Ltd Vs. the Assam Electricity Regulatory Commiss ...

Court: Guwahati

1. Heard Mr. G. N. Sahewall, learned counsel appearing for the petitioner. Mr. B. D. Das, learned Senior Standing Counsel of the Assam State Electricity Board represents the respondents 1 to 5. 2. The petitioner who purchased an immovable property through an auction sale conducted by the Recovery Officer, Debt Recovery Tribunal, Guwahati (hereinafter referred to as the DRT), challenges the vires of Clause 3. 6. 4 of the Assam Electricity Regulatory Commission (Electrity, Supply Code and Related Matters) Regulations, 2004 (hereinafter referred to as "the Regulations, 2004"), where under the person occupying a new property is cast with an obligation to ensure payment of outstanding electricity dues, when he makes a requisition for a fresh electricity connection in the new property. 2. 1The petitioner is also challenging the demand made by the respondents to clear the outstanding dues of the previous consumer, whose hypothecated landed property was sold by the UCO Bank through public auct...

Deepak Kumar Poddar Vs. State of Assam and ors.

Court: Guwahati

Reported in: (2010)31VST8(Gauhati)

Ranjan Gogoi, J.1. Aggrieved by the rejection of his writ petition, the appellant who is the sole proprietor of M/s. Tirupati Food Products, has instituted the present proceedings.2. The brief facts that will be required to be noticed for the purposes of the present adjudication may be stated at the outset:The petitioner claims to be engaged in the business of manufacture and sale of packaged pure mustard oil in a registered small-scale industrial unit located at Pancharatna Road, Goalpara in the State of Assam. The aforesaid unit of the petitioner which went into commercial production in the year 2003, it is stated, was set up pursuant to the Assam Industries (Sales Tax Concession) Scheme, 1997 which was framed in exercise of powers under Section 9(4) of the Assam General Sales Tax Act, 1993 (hereinafter referred to as, 'the Act'). It is the pleaded case of the petitioner that in the Industrial Policy Resolution announced by the Government of Assam in the year 1997, amongst others, in...

Surat Ali Vs. the Assam State Electricity Board.

Court: Guwahati

1) This writ petition is filed praying for compensation on account of death of one Abdul Kadir due to electrocution at the village Adabari in the district of Dhubri against the respondents/ASEB.2) Heard Mr. MU Mandal, learned counsel for the petitioner and Mr. D.Bhattacharjee, learned Standing Counsel for the ASEB.3) The pleaded case of the petitioner interalia is that on the fateful date i.e. on 20/10/01 at about 1-00 PM while the deceased Abdul Kadir was busy with his domestic work, suddenly a bamboo touched the electric wire nearby his house and the deceased Abdul Kadir due to electrocution died in the spot. The incident was reported by the VDP Secretary to the Officer-in-Charge, College outpost and accordingly a GD Entry No.397 was registered on 26/10/01. The dead body was in quested by the Executive Magistrate and thereafter the postmortem examination was conducted in the civil hospital at Dhubri. The postmortem report dated 27/10/2001 disclose that the death of the victim was cau...

Sri Pawan Anand Vs. Sri Banajyoti Nath.

Court: Guwahati

1. By making this application, under Section 482 Cr. P. C. , the petitioner, who is accused in Complaint Case No. 2700/2009, which is presently pending in the Court of the Chief Judicial Magistrate, Kamrup, at Guwahati, has sought for quashing of the complaint, which has given rise to the said case. 2. The petitioner is facing prosecution under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the "NI Act"). It is the petitioner's case that following the alleged dishonour of the cheque, the opposite party herein has already lodged, on 25-07-2009, an FIR and, on the basis of the said FIR, Chandmari Police Station Case No. 207/2009, under Sections 406/420/34 IPC, has been registered and the investigation is presently pending. 3. The petitioner, with the help of this petition made under Section 482 Cr. P. C., contends that since a case, under Sections 406/420/34 IPC, is pending, for investigation, with the police, as indicated above, the petitioner's prosecuti...

All Are Resident of Village-kalakhowa Gaon Vs. Mustt. Rugena Begum.

Court: Guwahati

1. By making this application, under Section 407 of the Code of Criminal Procedure, the petitioners, who are accused in CR Case No. 553 of 2008, under Sections 498(A)/323/34 IPC, has sought for transfer of the case from the Court of the learned Judicial Magistrate, Kaliabor, Nagaon, where the case is presently pending, to the Court of the learned Chief Judicial Magistrate, Golaghat. The ground for seeking transfer are, broadly speaking, thus: The marriage having been solemnized between the petitioner No. 1 and the complainant, i. e. , the opposite party herein, at Kaliabor, the complainant came to, and started living at, her matrimonial house, with the petitioner No. 1, as her husband, at Golaghat, where the petitioner Nos. 2 and 3, who are mother and sister respectively of the petitioner No. 1, have been living. The opposite party, soon after her marriage, started putting pressure on the petitioner No. 1 to live with her separately from her family. As the petitioner No. 1 did not agre...

Smti Bulbuli Rava Vs. the State of Assam.

Court: Guwahati

1. Heard Mr. R Dhar, learned counsel appearing for the petitioner. Also heard Ms. H M Phukan, learned Govt. Advocate who represents all the respondents. 2. 1. The husband of the petitioner Late Mohim Rava (hereinafter referred to as 'the deceased') was a victim of police firing. Through this writ proceeding the deceased's wife seeks compensation as the deceased was the sole bread earner of the family. 2. 2. On the relevant date i. e. on 31. 1. 1997, the deceased, who was a cultivator and a share cropper, in the early hours of the morning at about 4:30 A. M. , was proceeding to the paddy field to complete certain assigned works which had undertaken to complete in course of the day. 2. 3. It is revealed form the FIR of the Kokrajhar P. S. Case No. 35/97 that on the morning of the day of the incident hearing shouts of public, the police from the 7th Battalion Camp at Jaipur rushed in the direction of the shouts. When the police were nearing the Gouranga Bridge, they saw some miscreants in...

Sri Gurunam Singh Vs. All Are Residing at Dutta Bagan

Court: Guwahati

1) The supervisory power of this Court has been prayed to be exercised by the petitioner challenging the judgment and order dated 18/3/10 passed by the learned Civil Judge, Dibrugarh in Misc. Appeal No.17/09 thereby dismissing the appeal and affirming the judgment and order dated 15/6/09 passed by the learned Munsiff, No.1, Dibrugarh in Misc.(J) Case No.65/07 arising out of Title Suit No.172/07 granting injunction in favour of the plaintiff.2) I have heard Mr. CK Sarma Baruah, learned Senior Counsel for the defendant /petitioner and also heard Mr. N. Choudhury, learned counsel for the plaintiffs/respondents.3) The plaintiffs/respondents instituted a suit being Title Suit No.172/07 in the court of learned Munsiff, No1, Dibrugarh praying for declaration of right, title and interest and to enjoy exclusively the private Dutta Bagan road and also for a decree of permanent injunction restraining the defendants/respondents and their men from using, entering and passing through the road.4) The...

Smt. Mamata Acharyya Vs. the State of Assam.

Court: Guwahati

1) Refusal of the respondent authorities to grant the benefit of past service of the petitioner in the cadre of undergraduate teacher when she got fresh appointment in the graduate cadre regulated and guided by separate set of Service Rules and rejection of such prayer by the Assam Administrative Tribunal vide order dated 27/11/02 passed in ATA No.55/02 is the subject matter of dispute raised in this writ proceeding. 2) Heard Mr. N. Dhar, learned counsel for the petitioner and Mr. UK Goswami, learned Standing Counsel, Education Department for the respondents.3) The relevant facts necessary for disposal of the writ proceeding which are not in dispute are as follows:The petitioner is a science graduate from the Gauhati University. In the year 1988, on the basis of an advertisement issued by the Director, Secondary Education/ Respondent No.2 for filling up certain vacant posts of teachers in the various Govt. High Schools in the State of Assam, the petitioner duly applied for such a post....

Sri Krishna Priti Gupta Vs. the State Bank of IndiA.

Court: Guwahati

1. Heard Mr. S Shyam, learned counsel appearing for the petitioner. Also heard Mr. N Baruah, learned standing counsel who represents the respondent Nos. 1 to 4. The respondent No. 5, has not participated in this proceeding. 2. The petitioner who is a Middle Management Level III Officer in the State Bank of India (SBI) has approached this Court to challenge the inquiry finding and the penalty, in pursuant to a disciplinary proceeding conducted against him. 2. 1. At the relevant time the petitioner was serving as the Branch Manager in the Lerie Branch of the SBI located in Nagaland and the disciplinary proceeding was initiated on the basis of a complaint made on 23. 10. 2003 by the respondent No. 5. It was alleged in the complaint that the respondent No. 5 was unable to collect the Bank Draft for a car loan sanctioned to him because of the complainant's inability to pay a sum of Rs. 7000/- demanded by the delinquent Officer. 2. 2. Immediately after the complaint was lodged, the delinquen...