Guwahati Court February 2011 Judgments
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Kartik Chandra Dutta Vs. State of Assam
Court: Guwahati
Decided on: Feb-25-2011
(1.) This Revision petition is directed against the judgment and order dated 27.8.2002 passed by the learned Additional Sessions Judge, Sivasagar, in Criminal Appeal No 32(3)/2003, dismissing the appeal preferred by the petitioners and affirming the judgment and order dated 25.8.2000, passed by the learned Chief Judicial Magistrate, Sivasagar, in CR Case No 31/1992, whereby the petitioner Nos 1 to 3 were convicted and sentenced to suffer RI for six months and to pay a fine of ' 1,000/- each, in default, to undergo RI for one month and the petitioner No 4, namely M/s Kartik Dutta and Company, the firm, was convicted and sentenced to pay a fine of '. 1,000/- under section 7/16 read with section 17 of the Prevention of Food Adulteration Act, 1954, (for short the "Act"). (2.) I have heard Mr JM Choudhury, learned senior counsel for the petitioners and Mr K Munir, learned APP, Assam. (3.) The prosecution case, in brief, is that on 31.8.1991, Shri Hiren Gogoi, Food Inspector, Sivasagar, acco...
M/S. Starline Agency. Vs. Sri Nabajit Das and ors.
Court: Guwahati
Decided on: Feb-24-2011
1. Whether Value Added Tax (in short, 'VAT') is different in nature from sales tax and whether the requirement of furnishing of Sales Tax Clearance Certificate in a tender process would, since after enactment of the Value Added Tax Act, mean VAT Clearance Certificate or not? Whether Sales Tax Clearance Certificate is, by its very nature, different from VAT Clearance Certificate? Whether the requirement of submission of VAT Clearance Certificate on supply of woolen blankets can be said to be fulfilled on the submission of VAT Registration Certificate granted under a scheme of composition of the fiscal statute in respect of a works contract? What is the scope of interference in a writ appeal with an order passed in the writ petition dismissing the appeal where a new plea is wholly barred from being raised in a writ appeal if the plea was not taken in the writ petition? What is the scope of judicial review in contractual matters? These are the prominent questions, which have to be answere...
Tulika Dey Vs. State of Assam
Court: Guwahati
Decided on: Feb-24-2011
(1.) Heard Mr. I Choudhury, learned counsel appearing for the petitioner. Also heard Mr. A Deka, learned standing counsel appearing for the respondent Nos.1 and 2. (2.) The petitioner who applied for the post of lecturer in Geology advertised by the Principal of Arya Vidyapeeth College on 20th February 2000 (Annexure-C) is aggrieved by the order of the Director of Higher Education, Assam (DHE), whereby the recommendation for appointment of the petitioner made by the college was disapproved. (3.) In the advertisement issued for the post of lecturer in Geology, specialization in the field of "Matamorphic petrology and structure" was specified and the petitioner on the date of interview i.e. on 29 th May 2000 had successfully completed her Ph.D. viva- voce on 6th May 2000 on the topic, "Structural and Metamorphic Evolution of the Precambrian rocks of Chandrapur- Narengi area, Guwahati, Kamrup district, Assam", as is certified by her guide on 27th May 2000 (Annexure-D). (4.) However althou...
Lavito Sema Vs. Union of India
Court: Guwahati
Decided on: Feb-23-2011
B.K. SHARMA, J. (1.) This writ petition is directed against the judgement and finding of the General Security Force Court (GSFC) dated 30.4.2007 (Annexure-XXIV), by which the petitioner has been held to be guilty of the offence under Section 302 IPC and sentenced to suffer imprisonment for life with consequential dismissal from service. The petitioner has also questioned the order dated 31.5.2007 (Annexure-XXVI) by which the findings of the said Court has been sustained. Another challenge made by the petitioner is the order dated 6.7.09 (Annexure-XXXI), by which the Govt. of India in the Ministry of Home Affairs, Directorate General, Border Security Force has rejected the petition submitted by the petitioner against the aforesaid orders. The orders so passed is pursuant to the order of this Court dated 9.3.2009 passed in WP(Crl) 4(K)/2007, filed by the petitioner against his conviction and sentenced with consequential dismissal from service. By the said order, a direction was issued to...
Shri Dulal Krishna Bhatta Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-21-2011
ORDERThe facts, which are admitted and necessary for the purpose of disposal of this writ petition, may, in a narrow compass, be set out as under:1.The petitioner's date of birth is 17.06.1946. The petitioner was appointed to a sanctioned post of Lower Division Assistant (in short, 'LDA') in Pandu College, Guwahati, in the year 1976, his appointment having been approved by the Director of Public Instructions (in short, 'DPI'), Assam, on 04.02.1970. The petitioner's service was confirmed, w.e.f. 01.08.1968, by a letter, dated 04.02.1970, issued, in this regard, by the DPI. As the petitioner's service conditions were guided, controlled and regulated by the Assam Aided College Employees' Rules 1960 (hereinafter referred to as 'the 1960 Rules'), the age of superannuation of the petitioner was 60 years. By Office Memorandum, dated 25.01.2005 (Annexure 3 to the writ petition), the age of superannuation, in respect of the State Government employees, who were due to retire after 01.01.2005 and...
Milan Baidya Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-15-2011
Court Of Assam,Nagaland,Meghalaya,Manipur,Tripura,Mizoram and Arunachal PradeshCASE NO CRL.A(J) 112 OF 2004District Karimganj1 MILAN BAIDYAPetitionerVersus1.THE STATE OF ASSAMRespondent!1 MR.C BHATTACHARYYA2.AMICUS CURIEPetitioner's Advocates^1.PP, ASSAMRespondent's AdvocateCoram:BEFOREHON'BLE THE CHIEF JUSTICE MR.MADAN B.LOKURHON'BLE MR.JUSTICE H.BARUAHDATE OF ORDER:15/02/2011In challenge is the Judgment and Order of conviction and sentence dated 17.07.2004 passed by the Sessions Judge, Karimganj in2.Being convicted as indicated above, the appellant has preferred this instant appeal from jail challenging legality and corr .The brief facts are as follows :Informant Smt.Champa Rani Baidya (PW6) is the sister of the appellant, Shri Milon Baidya while deceased Bithi Rani Baidya was3.The case was committed to the court of Session.The appellant stood charged under sections 449/302 IPC.Prosecution examined4.The learned Sessions Judge after meticulous examination of the facts, evidence on rec...
Abdul Latif Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-14-2011
.1..This is rather an unfortunate case where the learned .Sessions Judge has completely misdirected himself in law, .forgetting some very basic principles..2..The appeal is directed against the judgment and .sentence dated 14-7-2005 passed by the learned Sessions .Judge, Morigaon in Sessions Case No.78/2004..3..Before we go to the merits of the case, we may note .that the prosecution evidence in this case was closed on .5-7-2005. The judgment under appeal shows that arguments .were heard on the same date, that is, 5-7-2005. Judgment .was delivered on 14-7-2005, that is, after about 8/9 days.4..On 14-7-2005, apparently after the judgment was .delivered, the appellant was asked to enter his defence .under Section 233(1) of the CrPC. He was asked the .following question:-Qtns. You are found guilty for committing murder of your .own wife Musstt. Sahera Khatun. Will you adduce any .evidence for your defence?Ans. - I have no evidence to adduce for my defence..5..It is basic and fundamental t...
Rofiqul Islam Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-14-2011
1. Being aggrieved by the impugned Judgment dated 17-11-05, passed by the learned Sessions Judge, Morigaon in Sessions Case No.83/2005, convicting the accused under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life with a fine of Rs. 10,000/- (Rupees ten thousand), in default, to undergo rigorous imprisonment for another 5 (five) years, this appeal has been filed by the accused (appellant herein).2.Heard Mr. M. Dutta, learned Amicus Curiae appearing for the appellant and also Mr. Z. Kamar, learned Public Prosecutor appearing for the State.3.On the basis of a report lodged by one Allaluddin (PW No.1) against the accused and 4 (four) others alleging that on 11-6-05 at about 5:30 AM his son namely, Fakrul Islam was hacked with a "khukuri" on his neck by the accused and he died in the courtyard of Abdul Ali, Laharighat PS Case No.38/2005 under Sections 302/34 IPC was registered and set on motion.4.On 11-6-05, a dao was seized as delivered by PW No.8, Mustt. Hafiz...
Suren Gowalla Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-14-2011
.1..This appeal is directed against a judgment of conviction .and sentence of life imprisonment awarded on 8.2.2005 by .the Addl. District & Sessions Judge, (Ad-hoc), Lakhimpur, .North Lakhimpur in Sessions Case No.78 (NL)/2003..2..The appellant was charged with having committed the .murder of Nanda Sengupta on 7.1.2002 at Tariani Farm .House under Kadam Mouza of North Lakhimpur Police Station .and thereby committing an offence punishable under .Section 302 of the Indian Penal Code. The appellant .pleaded not guilty and claimed trial..3..On 8.1.2002, Rekha Dutta filed a First Information .Report to the effect that Nanda Sengupta who worked as a .Chowkidar in her Farm House was killed by some miscreants .by striking him on the head on 7.1.2002. Nanda Sengupta .had been her employee for the last about 10 years and was .aged about 50 years and was a bachelor..4..During the course of investigations, the police .authorities arrested the appellant and he was charged for .murder as mentioned ...
Suren Praja Vs. the State of Assam.
Court: Guwahati
Decided on: Feb-14-2011
1. The appellant is aggrieved by his conviction and sentence .dated 23.11.2004 passed by the learned Addl. Sessions .Judge, Adhoc, (Fast Track Court), Biswanath Chariali, .District Sonitpur in Sessions Case No.54 of 2003.2.A First Information Report was filed by Lokhia Chowra .on 3.1.2000 to the effect that on 2.1.2000 at about 6 p.m .the appellant grievously wounded his elder brother .(Kandra Chowra) by dealing cut blows in his head and neck .with a dao inside his (Kandra Chowra's) own house and .fled away. Kundra Chowra was taken to Gingia Hospital for .treatment and later on to Monabari Hospital, but he died .in the morning of 3.1.2000..3.After completion of the investigations and committal .proceedings, the appellant was charged with having .committed house trespass by trespassing inside the house .premises of Kandra Chowra in order to commit the offence .of murder and that he intentionally inflicted cut blows .into the head and neck of Kandra Chowra, as a result of .which he died ...
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