Guwahati Court April 2011 Judgments
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Shri Ramsingh Rajput Vs. State of Assam
Court: Guwahati
Decided on: Apr-29-2011
1. This appeal is directed against the judgment dated 23.12.2005, passed by the learned Sessions Judge, Tinsukia, in Sessions Case No. 108(T)/2005, convicting the accused appellant under section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of `.1,000.00, in default of payment of fine, to undergo rigorous imprisonment for 2 months. 2. The prosecution case, in a nutshell, is that on 13.7.2000, one Munshi Rajput, lodged an ejahar at about 12:30 PM before the Officer-in- Charge, Tinsukia Police Station, stating that on the night of 12.7.2000, while he was doing night duty in the factory of Nokhroy Tea Estate, some miscreants killed his son, Sri Ram Nath Rajput, who was guarding his house, by hacking him with a dao in the neck and he was informed about it at 11:00 PM by his elder brother, Sri Sahroi Rajput and his another son, Ramsingh Rajput, both of Khelmati line of Nokhroy Tea Estate. On his coming home, he found Ram Nath lying with cut injuries in the nec...
G. Sree Kumar Vs. Sri Tushar Bhadra
Court: Guwahati
Decided on: Apr-28-2011
1. By this application under Section 482 of the Code of Criminal Procedure, 1973, for short, the Code, the petitioner, who was one amongst eight accused in CR Case No. 42/01 pending in the case of Judicial Magistrate, 1st Class, Dimapur, Nagaland, prays for quashing of the said proceeding in C.R. Case No. 42/01. 2. On the basis of the complaint filed by one Sri Tushar Bhadra, the learned trial court, being satisfied after perusal of the complaint petition and examination of the complainant, took cognizance under Section 406/420/34 IPC by an order dated 18.10.01. In the complaint, the complainant made M/s Leafin India Ltd., a non-Banking Finance Company incorporated on 27.3.86 and having 36 branches, as accused No.1, represented by the Managing Director of the company. The accused No.1 is in the business of leasing and hire -purchase of consumer durables. The accused No.2 in the complaint was the Managing Director of the company. The accused Nos 3 to 7 were the directors and the present...
Debeswar Bhuyan Vs. State of Assam
Court: Guwahati
Decided on: Apr-28-2011
ORAL: AMITAVA ROY, J. 1. This appeal from jail witnesses a challenge to the judgment and order dated 10.3.2005 passed by the learned Sessions Judge, Jorhat in Sessions Case 9(J-J)/2004 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short, hereinafter referred to as 'the Code') and sentencing him to suffer imprisonment for life and also to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for further three months. 2. We have heard Mr Ajoy Phukan, learned amicus curiae for the appellant and Mr Z Kamar, learned Public Prosecutor for the State respondent. 3. The information laid with the Officer-in-Charge, Titabor Police Station vide the FIR dated 20.6.2003 reveals a revolting episode. It was alleged therein that the appellant at about 1.30 p.m. of the date of information i.e. 20.6.2003 had cut his son Biki aged about 11/2 years to death and was intercepted while he was preparing to bury the dead body by digging a pit. The informant i...
M/S Dehing Nodi Pachimanchal Anchalik Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-21-2011
1. The petitioner, who submitted the tender seeking settlement of Dehing Part-I Meen Mahal in the district of Dibrugarh, pursuant to the NIT dated 12.05.2008, by the present petition has challenged the order of settlement dated 09.12.2010 passed by the Commissioner and Secretary to the Govt. of Assam in Fishery Department, settling the said fishery in favour of the respondent No.5, who was the 4th highest bidder, by rejecting the tender paper submitted by the petitioner, who was the 2nd highest bidder, on the ground of non-submission of the fishing experience certificate, in view of such a condition in the NIT dated 12.05.2008. 2. The said fishery was put to sale under proviso to Rule 12 of the Assam Fishery Rules, 1953, as amended, inviting sealed tenders from the registered cooperative societies, non-government organizations and the self-help groups consisting of 100% actual fishermen in the neighbourhood of the fishery. 4(four) registered cooperative societies, including the petitio...
Shri Dulal Mandal and ors. Vs. State of Assam
Court: Guwahati
Decided on: Apr-21-2011
1. In a complaint made to a Magistrate against a company and its directors for their prosecution alleging commission of offence under Section 16 of the Prevention of Food Adulteration Act, 1954, (in short, 'the PFA Act'), whether it is necessary for the complainant to indicate, in the petition itself, as to whether the person, who is sought to be prosecuted, as a director, was in charge of, and responsible to, the company for the conduct of the business of the company, or a bare statement, made in a complaint, that a person, who is sought to be prosecuted, was a director of the company at the relevant point of time, when the company had sold an adulterated article for food, would be sufficient to frame charge under Section 16 of the PFA Act? In the answer to the question, so raised, lies the decision in this criminal revision. 2. Before entering into the discussion on the question posed above, it is necessary to take note of the material facts and various stages, which have given rise ...
Shri Matgrik N.Marak Vs. State of Meghalaya
Court: Guwahati
Decided on: Apr-20-2011
1. This writ petition under Article 226 of the Constitution of India has been filed challenging the detention of petitioner's cousin namely Shri Salte Ch.Momin under the provisions of Meghalaya Preventive Detention Act, 1995 ( hereinafter in short 'Act of 1995'). In this way the petitioner is virtually seeking a writ of Habeas Corpus. 2. Heard Mr. K C Gautam, learned counsel for the petitioner and Mr. K Khan, learned Additional Public Prosecutor, for the respondents. During the course of hearing the learned Additional Public Prosecutor also produced the relevant file for our perusal. 3. The detenue was taken in custody under the provisions of the preventive detention law on the basis of order dated 29.6.2010 issued by the District Magistrate, East Garo Hills District, Williamnagar in exercise of powers conferred U/S 3(1) of the 1995 Act. Simultaneously the detenue was supplied with grounds of arrest and on receipt of the opinion of the Advisory Board the detention was confirmed by the ...
Shri Salte Ch.MomIn and anr. Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Apr-20-2011
1. This writ petition under Article 226 of the Constitution of India has been filed challenging the detention of petitioner's cousin namely Shri Salte Ch.Momin under the provisions of Meghalaya Preventive Detention Act, 1995 ( hereinafter in short 'Act of 1995'). In this way the petitioner is virtually seeking a writ of Habeas Corpus. 2. Heard Mr. K C Gautam, learned counsel for the petitioner and Mr. K Khan, learned Additional Public Prosecutor, for the respondents. During the course of hearing the learned Additional Public Prosecutor also produced the relevant file for our perusal. 3. The detenue was taken in custody under the provisions of the preventive detention law on the basis of order dated 29.6.2010 issued by the District Magistrate, East Garo Hills District, Williamnagar in exercise of powers conferred U/S 3(1) of the 1995 Act. Simultaneously the detenue was supplied with grounds of arrest and on receipt of the opinion of the Advisory Board the detention was confirmed by the ...
M/S DakshIn Titapani Samabai Samity Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-05-2011
[1] The petitioner Society, which is a Society registered under the provisions of the Assam Cooperative Societies Act, 1949 (in short, "1949 Act"), by the present petition has challenged the order dated 16th November, 2010 passed by the Registrar of Cooperative Societies, Assam, whereby and where- under the decision of the Society taken in the meeting of the Managing Committee on 21st March, 2010 vide resolution No.3 as well as in the Annual General Meeting (AGM) held on 23rd May, 2010, removing the respondent No.5 from the office of the Chairman of the said Society, has been set aside. [2] The election of the office bearer of the petitioner Society was held on 13th October, 2009, wherein the respondent No.5 was elected as Chairman. The said proceeding was duly approved by the approving authority in due course of time. The first meeting of the Society was held on 21st November, 2009. The respondent No.5 though was elected as Chairman, he, however, did not participate, for whatever may ...
Maheswar Nath Vs. State of Assam
Court: Guwahati
Decided on: Apr-05-2011
A.K. GOSWAMI,J (1.) This appeal is directed against the judgment dated 23.09.2005 passed by the learned Ad-hoc Additional Sessions Judge No. 1, Kamrup, Guwahati in Sessions Case No. 142 (K) /2003 convicting the appellant under Section 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default of payment of fine, further imprisonment for 1 month. (2.) The appellant Shri Maheswar Nath is stated to have killed his brother Shri Chandradhar Nath in the courtyard of his house by piercing him with a ballam (spear) at around 9 P.M. in the evening of 25th of April, 2003 and to this effect , an Ejahar was lodged by another brother Shri Kamleswar Nath at around 10.15 P.M. with the Officer-In-charge, Kamalpur police station , on the basis of which, Kamalpur P.S. Case No. 71/2003 under Section 302 IPC was registered . (3.) The case was taken up for investigation and on completion of investigation, charge sheet under Section 302 IPC was submitted ...
Suman Rajowar Vs. State of Assam
Court: Guwahati
Decided on: Apr-05-2011
GOSWAMI, J (1.) This criminal appeal is directed against the judgment dated 8.12.2003 passed by the learned Additional Sessions Judge, (Ad-hoc), Sivasagar, in Sessions Case No. 23(S)-S/2003, convicting the accused appellant under section 302 / 201 IPC and sentencing him to suffer imprisonment for life and to pay a fine of ' 3,000.00, in default of payment of fine, to undergo rigorous imprisonment for six months for committing the offence under section 302 IPC and to undergo rigorous imprisonment for 5 years and to pay a fine of ' 2,000.00, in default of payment of fine, to undergo rigorous imprisonment for four months for committing the offence under section 201 IPC. (2.) One Shri Sankar Kurmi who at the relevant point of time, was the Secretary of the Kaliapani Gaon Village Defence Party, lodged an ejahar before the Office-in-Charge, Geleky Police Station, on 27.3.2002, stating that the wife of the appellant, namely, Sabita Rajowar was missing for quite some time and to discuss the ma...
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