Guwahati Court March 2011 Judgments
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Sri Gauri Kanta Borah Vs. the State of Assam
Court: Guwahati
Decided on: Mar-31-2011
1. By this application, the petitioner has challenged the impugned order dated 19.7.03, by which the learned Chief Judicial Magistrate, Dhubri, took cognizance for the commission of offence alleged U/s. 448/342/323 IPC, in connection with G.R.Case No.167/2001. 2. The facts leading to the filing of this revision petition may be stated in brief as follows:- 3. The petitioner was serving as Police Officer, of Gauripur Police Station on 21.8.95. During that period 'All Assam Students Union (in short AASU) had called for 12 hours Assam Bandh and on that day the petitioner accompanied by police force was on duty to maintain law and order situation. On the date of occurrence, some students of the locality tried to close down some shops and establishments and started quarreling with the owners of the shops and commercial establishment. Accordingly, on reaching the place of occurrence, the petitioner arrested one Sri Pran Gobinda Saha and took him to the Police Station, for interrogation and af...
Md. Anuwarul Islam and ors. Vs. Md. Abdul Latif
Court: Guwahati
Decided on: Mar-29-2011
1. This appeal by the plaintiffs Nos. 1 to 6 in Title Suit No. 70/1992 is directed against the judgment and decree dated 5.3.2001 passed by the learned Civil Judge (Senior Division) (now Civil Judge), Dhubri in Title Appeal No. 9/1999, dismissing the suit of the plaintiffs by reversing the judgment and decree dated 1.3.1999 passed by the learned Civil Judge (Junior Division) No. 2 (now Munsiff No. 2), Dhubri in the aforesaid suit. 2. The present appellants along with Ajiron Bewa instituted the aforesaid suit against the present respondent as defendant praying for a decree declaring the sale deed No. 122/1986 dated 5.2.1986 executed in favour of the defendant is forged and fraudulent and also for declaring the right, title and interest of the plaintiffs Nos. 1 to 6 in respect of the Schedule 'C' land measuring 2 bighas 3 kathas, in respect of which land the sale deed dated 5.2.1986 was executed, contending inter alia that the land measuring 7 bighas 4 kathas 2 lechas under Dag No. 540 o...
Md. Anuwarul Islam Vs. Md. Abdul Latif
Court: Guwahati
Decided on: Mar-29-2011
(1.) This appeal by the plaintiffs Nos. 1 to 6 in Title Suit No. 70/1992 is directed against the judgment and decree dated 5.3.2001 passed by the learned Civil Judge (Senior Division) (now Civil Judge), Dhubri in Title Appeal No. 9/1999, dismissing the suit of the plaintiffs by reversing the judgment and decree dated 1.3.1999 passed by the learned Civil Judge (Junior Division) No. 2 (now Munsiff No. 2), Dhubri in the aforesaid suit. (2.) The present appellants along with Ajiron Bewa instituted the aforesaid suit against the present respondent as defendant praying for a decree declaring the sale deed No. 122/1986 dated 5.2.1986 executed in favour of the defendant is forged and fraudulent and also for declaring the right, title and interest of the plaintiffs Nos. 1 to 6 in respect of the Schedule 'C' land measuring 2 bighas 3 kathas, in respect of which land the sale deed dated 5.2.1986 was executed, contending inter alia that the land measuring 7 bighas 4 kathas 2 lechas under Dag No. 5...
State of Mizoram and Others Vs. Sanglawma
Court: Guwahati
Decided on: Mar-25-2011
1. This appeal by the defendant Nos.1 to 5 is against the judgment and decree dated 17th March, 2010 passed in Civil Suit No.22/2004 by the learned Senior Civil Judge, Aizawl Judicial District, Aizawl, decreeing the suit of the plaintiff/respondent for Rs.7,03,265/- (Rupees seven lakh three thousand two hundred and sixty five) only with interest at the rate of nine per cent per annum with effect from 29th August, 2001 as compensation for demolition of the plaintiffs building that was standing on the land covered by LSC No.3142/1986. The respondent-herein, as plaintiff had instituted the said suit praying for a decree declaring that defendants executed an agreement with him for payment of compensation for demolition of an RCC building standing over the land in LSC No.3142/1986 that belonged to him and for passing a decree for Rs.7,03,265/- (Rupees seven lakhs three thousand two hundred and sixty five) with interest as compensation for the demolition carried out by the defendants, conten...
Sri Punai Saikia Vs. State of Assam
Court: Guwahati
Decided on: Mar-24-2011
1. Heard Mr P.J.Saikia, learned counsel appearing for the petitioner and Mr B.B.Gogoi, learned Additional Public Prosecutor, Assam. 2. The accused/petitioner was convicted U/s 341/326 of IPC and sentenced to rigorous imprisonment for one month U/s341 and also to suffer rigorous imprisonment for 3 years and to pay Rs. 500/- U/s 326 IPC and in default to suffer simple imprisonment for one month vide judgment and order dated 11.02.2004 passed by the learned Addl. Chief Judicial Magistrate, North Lakhimpur in G.R.Case No 993/99. 3. Aggrieved by the aforesaid order of conviction and sentence, the petitioner preferred an appeal before the learned Adhoc Additional Session Judge, Lakhimpur which was registered as Criminal Appeal No. 7(1)/04 and the said appeal was dismissed upholding the conviction and sentence vide judgment and order dated 11.2.2004. The accused/petitioner, being further aggrieved and dissatisfied with the aforesaid judgment and order dated 11.2.04 has filed the present crimi...
Sri Manser Ali Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-24-2011
1. Heard Mr. AM Mazumdar, learned Senior counsel, assisted by Mr. R Ali, Advocate, appearing for the petitioner. Also heard Ms. VL Singh, learned State counsel, appearing for respondent Nos.1, 2, 3 and 4 and Ms. SB Choudhury, learned counsel appearing for respondent Nos. 7 to 14 as well as Mr. AR Sikdar, learned counsel on behalf of respondent No.6. None appeared on behalf of respondent No.5 despite service of notice. 2. The petitioner herein who is the elected President of 61 No. Lachanga Gaon Panchayat, Lachanga under 2 No. Rupshi Anchalik Panchayat has questioned the legality and validity of the notice of no confidence issued by eight (8) members of the Lachanga Gaon Panchayat and subsequent order issued dated 19.11.2010 by the President, Rupshi Anchalik Panchayat, Kalgachia whereby special meeting of no confidence was fixed on 23.11.2010. This court on 22.11.2010 while issuing notice of motion making it returnable within 3 weeks, passed an interim order to the following effect, "in...
National Insurance Co. Ltd Vs. Lalnunthari and Others
Court: Guwahati
Decided on: Mar-24-2011
1. This appeal, by the Insurance Company is directed against the quantum of compensation awarded by the learned Member, Motor Accident Claims Tribunal, Aizawl in MAC Case No. 14/2008 vide judgment and award dated 23rd February, 2010, whereby and where under an amount of Rs. 3,88,500/- has been awarded as compensation for the death of the claimant / respondent No.1's son in a motor accident occurred on 9th January, 2008 at about 7-40 p.m. at Zodin Square in front of Mahatma Gandhi's statue, involving the motor vehicle bearing registration No. MZ - 01 / C - 9167 (truck) belonging to the present respondent No.2 and the motor vehicle bearing registration No. MZ - 04/2275 (motor cycle) belonging to the respondent No.3, in respect of which the deceased was the pillion rider. 2. The respondent No.1 herein filed an application under S.166 of the Motor Vehicles Act, 1988 (in short, "the Act") claiming compensation of Rs. 6,00,000/- for the death of her son, who was about 18 (eighteen) years of ...
M/S Power Tools and Engineering and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-22-2011
1. Challenging the action of the official respondents, the writ petitioner has raised a question in the instant writ petition, as to whether the tender of the respondent No. 4 can be accepted subsequently on withdrawing from participation in the quotation and if the answer is in the negative then the contract is to be issued in favour of the petitioner being the next lowest valued tenderer. 2. Heard Mr. AC Borbora, learned Sr. counsel assisted by Mr. M Smith, learned counsel appearing for the petitioners. Also heard Mr. BJ Talukdar, learned State counsel appearing for respondent Nos.1 and 2, Mr. BD Das, learned Sr. counsel assisted by Mr. HK Sharma, learned counsel appearing for respondent No.4. 3. In order to answer the question, a brief facts of the case is summarized hereinbelow: A Notice Inviting Quotation ('NIQ' for short) was issued by the Director, Municipal Administration, Government of Assam, Dispur (hereinafter referred to as respondent No. 2) vide advertisement dated 24.12.2...
Joy Kanta Dihingia Vs. State of Assam
Court: Guwahati
Decided on: Mar-22-2011
C.R. SARMA, J. (1.) The judgment and order, dated 17.09.2005, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No.189 (S-S)/2003, is in challenge in this appeal. By the impugned judgment and order aforesaid the learned trial Judge, convicted the appellant under Section 302 of the Indian Penal Code (hereinafter called "IPC") and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs.5,000/-, in default of payment of fine, suffer another period of rigorous imprisonment for 6(six) months. Being aggrieved by the said conviction and sentence, the convict, as appellant, has preferred this appeal from jail. (2.) The prosecution case, as unfolded at the trial, in brief, may be stated as follows :- The present case involves the killing of Sri Ghana Kanta Dihingia (hereinafter referred to as ,,the deceased) by his son i.e. the appellant-convict. On 24.08.2003, at about 8 a.m., when the appellant was working in his paddy field by means of a hoe, the deceased ap...
Dharampal Satyapal Limited. Vs. Union of India
Court: Guwahati
Decided on: Mar-18-2011
AMITAVA ROY, J. (1.) A review and/or a reconsideration of the judgment and order dated 10.12.2010 so far as it relates to WP(C) No.749/2010 has been sought for by the instant application. I have heard Mr. A.K. Bhattacharyya, Senior Advocate assisted by Mr. S.K. Medhi and Mr. P. Das, Advocates for the review applicant (also referred to as the applicant) and Mr. K.N. Choudhury, Addl. Advocate General, Assam assisted by Mr. R. Dubey, Advocate for the Revenue. (2.) The applicant had approached this Court with a challenge to the notifications No.11/2007-CE dated 01.03.2007 and No.21/2007-CE dated 25.04.2007. Whereas, by the former the applicant was aggrieved by the withdrawal of the benefit of excise duty exemption vis-a-vis its tobacco products referred to therein, the latter visited it with similar adverse consequence qua its manufactured product, "Pan Masala". The separate impugnments against these two notifications before this Court were registered as WP(C) No.750/2010 and WP(C) No.749/...
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