Guwahati Court May 2011 Judgments
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Md. Atar Rahman Vs. Mustt. Sahajun Begum
Court: Guwahati
Decided on: May-30-2011
1. The opposite party herein made an application, under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, in the Court of the learned Chief Judicial Magistrate, Morigaon, Assam, seeking an order directing the present-petitioner to pay Mahar of a sum of Rs. 25,101/- (rupees twenty five thousand one hundred and one) only, and another sum of Rs. 3,000/- (rupees three thousand) only, for maintenance during the period of Iddat. The said application gave rise to MR Case No. 61/2002, the opposite party's case being, in brief, thus, Her marriage was solemnized with the present petitioner according to the Muslim Law and that the Mahar, settled for the marriage, was a sum of Rs. 25,101/-. Following her marriage, she stayed at the house of the present petitioner.During the first three months of her stay at the house of the present petitioner after her marriage, the brothers and sisters of the present petitioner used to torture her both mentally and physically by raisin...
Subansiri Koiborta Meen Palan Self Help Group Vs. the Commissioner and ...
Court: Guwahati
Decided on: May-27-2011
1. The challenge in this writ petition is the Annexure-K order dated 14.12.2009, by which the fishery namely Subansiri Reserve Fishery Mahal was settled with the respondent No. 6 pursuant to the Annexure-J Re-sale notice dated 14.7.2009. The Re-sale notice and the settlement order both had been issued by the Divisional Forest Officer, Dhemaji Division, Dhemaji. 2. The petitioner is the settlement holder of No. 7 Bhati Subansiri Meen Mahal Fishery under North Lakhimpur Sub-division, which was settled with him by Annexure-B order dated 2.2.2009. Such settlement is for a period of 7 years with effect from the date of delivery of possession of the fishery. The settlement was made in favour of the petitioner pursuant to the sale notice dated 11.7.2008 (Annexure-A) issued by the Deputy Commissioner, North Lakhimpur, Lakhimpur. According to the petitioner after handing over of the fishery to him, he made Annexure-H representation dated 10.8.2009 to the respondent No. 3 i.e. the Commissioner &...
Sri Arunjyoti Dutta Vs. Smt. Rupali Buragohain
Court: Guwahati
Decided on: May-16-2011
1. This matrimonial appeal is directed against the judgment and order dated 16.12.2003, passed by the learned District Judge, Golaghat, in case No.T.S.(M)12/2002, dismissing the prayer of the appellant-husband for a decree of divorce under Section 13(1) of the Hindu Marriage Act, 1955. 2. We have heard Ms. P. Bhattacharya, learned counsel appearing on behalf of the appellant-husband. However, none appears for the respondent-wife despite service of notice. 3. The facts in brief, leading to filing of this appeal, may be narrated as follows: On 03.06.1998, the appellant and the respondent got married according to the Hindu rites and customs, and started living together as husband and wife. Immediately after the marriage, the respondent started showing some signs unreasonable character and behaviour. However, both appellant and respondent continued to live together as husband and wife. As a result of their cohabitation, the respondent-wife conceived through him, but for lifting of a 'devan...
Sri Pradip Dutta Vs. Smt. Parinita Dutta Hazarika
Court: Guwahati
Decided on: May-16-2011
1. Heard Ms. P. Bhattacharya, learned counsel, appearing on behalf of the appellant-husband. None appears on behalf of the opposite party-wife, despite service of notice. 2.This matrimonial appeal is filed by the appellant- husband against the dismissal of his petition for divorce under Section 13(1) of the Hindu Marriage Act, 1955. 3. The facts, leading to filing of this appeal, may be narrated briefly, as follows: On 27.04.2001, the appellant-husband and opposite party-wife got married according to the Hindu rites and customs and thereafter started living together at Garakhiodol, Jorhat, peacefully as husband and wife. The appellant alleged that from the very beginning of their marital life the appellant noticed the conduct and behaviour of the opposite party-wife to be 'mentally imbalanced'. In spite of best efforts made by the appellant, the condition of the opposite party did not improve; rather it started deteriorating day by day. However, they continued to live together peaceful...
Pradip Dutta Vs. Smt. Parinita Dutta Hazarika
Court: Guwahati
Decided on: May-16-2011
A.C. Upadhyay, J. 1. Heard Ms. P. Bhattacharya, learned counsel, appearing on behalf of the appellant-husband. None appears on behalf of the opposite party-wife, despite service of notice. 2. This matrimonial appeal is filed by the appellant-husband against the dismissal of his petition for divorce under Section 13(1) of the Hindu Marriage Act, 1955. 3. The facts, leading to filing of this appeal, may be narrated briefly, as follows: On 27.04.2001, the appellant-husband and opposite party-wife got married according to the Hindu rites and customs and thereafter started living together at Garakhiodol, Jorhat, peacefully as husband and wife. The appellant alleged that from the very beginning of their marital life the appellant noticed the conduct and behaviour of the opposite party-wife to be 'mentally imbalanced'. In spite of best efforts made by the appellant, the condition of the opposite party did not improve; rather it started deteriorating day by day. However, they continued to live...
Shri Tushar Kanti Mazumdar Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-13-2011
1. This appeal is directed against the judgment and order dated 30-9-2008 passed by the learned Single Judge of this Court in W.P.(C) No. 423 of 2002 upholding the seizure of certain documents pertaining to the business of the petitioner effected under Section 44(3) of the Assam General Sales Tax Act, 1993 ("the Sales Tax Act" for short), of the retention of the seized document beyond the period of 120 days prescribed by the Act and of the notice dated 8-11-2001 issued by respondent No. 4 requiring the appellant to appear before him and to produce some account books maintained by him. 2. The appellant is the proprietor of the firm under the name and style of M/s. Eastern Drugs and Chemicals, which is registered as dealer under the Sales Tax Act and the Central Sales Tax Act, and is engaged in the business of pharmaceutical products with its registered office at Guwahati. According to the appellant, on 31-7-2001 at about 12.30 P.M., a team of sales tax officials under respondent 3 visit...
Dr. Pranjal Bharali Vs. State of Assam
Court: Guwahati
Decided on: May-11-2011
1. Deceased Monalisa Bharal was married to the petitioner herein about 16 years back according to social customs. The petitioner herein contested the last assemble election as a BJP candidate from Hajo Constituency. 2. On 21.4.11 the petitioner along with his wife, Monalisa Bharali (since deceased) their two daughters, a maid servant and the PSO attached to the petitioner attended the family function at the residence of Sri Alakesh Barua, brother-in-law of the deceased. The deceased was allegedly humiliated by Sri Parag Saikia, his wife Smti. Uma Lahkar Saikia and their daughters Santana Parag Saikia and Bandana Parag Saikia by making some derogatory remarks against her character for which she (the deceased) became upset and ultimately committed suicide after setting fire on herself. 3. After the incident all the relatives of Monalisa Bharali were informed, who visited the hospital. Monalisa Bharali succumbed to her burn injuries in the hospital. Informant, Sri Nabajyoti Lahkar, the br...
Shri Biman Ghosh and anr. Vs. State of Assam
Court: Guwahati
Decided on: May-10-2011
[1]. The petitioners herein have been convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to in short as, "the PFA Act.") and they have been sentenced to undergo simple imprisonment for 6 (six) months and pay fine of Rs. 1,000/- (Rupees one thousand), in default further simple imprisonment for 2 (two) months vide impugned judgment and order dated 8.1.2003, passed by the learned Chief Judicial Magistrate, Darrang, Mangaldoi in C.R. Case No. 265 of 1998. The said judgment has been affirmed by the learned Sessions Judge, Darrang, Mangaldoi, vide judgment and order dated 7.4.2003 passed in Criminal Appeal No. 8(D-1) of 2003. Being aggrieved with the conviction, the convicts preferred this revision application. [2]. Heard Mr. J.M. Choudhury, learned senior counsel assisted by Mr. D. Talukdar, learned counsel for the petitioners as well as Mr. B.S. Sinha learned Addl. P.P. for the State respondent/ opposite Party. I have also ...
Smti Rekha Devi Vs. State of Assam
Court: Guwahati
Decided on: May-10-2011
1. Heard Mr. AK Maheswari, learned counsel for the petitioner and Mr. S. Munir, learned Govt. counsel appearing for the official respondents. 2. This writ petition has been filed with a limited prayer to direct the respondents to pay the arrear as well as current salary on the premise that she was appointed as Assistant teacherin the year 1989 and thereafter she joined the said post at Khajua Block LP School on 1.1.90. According to the petitioner, she is working in the said school from 1.1.90 till date and despite that the respondents stopped her salary intermittently. According to the petitioner, for non payment of the salary, a writ petition was filed in the year 1990 being CR No. 1759 of 1990. While disposing of the said writ petition, this court directed the Govt. to clear the pay and allowance for the period they have rendered service in the respective schools. After the aforesaid order, the Govt. terminated the services ofgood number of teachers and again stopped salary of the pe...
Sri Shyamal Dhar Vs. State of Assam
Court: Guwahati
Decided on: May-10-2011
1. This appeal is directed against the Judgment and Order dated 17.05.2007, passed by the learned Assistant Sessions Judge, Lakhimpur at North Lakhimpur, in Sessions Case No. 30 (N) of 2006. By this impugned Judgment, the appellant has been convicted both under Sections 366 and 376 of the Indian Penal Code and he has been given concurrent sentence of 7 (seven) years RI and also to pay a fine of Rs. 1,000/-, with default sentence of 3 (three) months RI for his offences. 2. Heard Sri S S Sharma, learned Senior Counsel for the appellant as well as Sri B S Sinha, learned Additional Public Prosecutor for the State of Assam. I have also gone through the impugned Judgment and the evidence on record. 3. The evidence discloses that the victim girl was a student of Class VII at the relevant time. At the same time, the victim girl has admitted that she had plucked twice in her school once in Class-V and next in Class VII. In this way, in due course the victim would have been a student of Class X....
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