Guwahati Court June 2012 Judgments
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Hajera Begum Vs. State of Tripura and Another
Court: Guwahati
Decided on: Jun-21-2012
1. Whether a second wife is not at all entitled to receive appointment, under the relevant Scheme of die-in-harness, in the State of Tripura, is the moot question, which this Writ Petition has raised. I have heard Mr. A. Sengupta, learned Counsel for the Writ Petitioner, and Mr. B. Dutta, learned Government Counsel, appearing on behalf of the State Respondents. I have also heard Mr. A.K. Bhowmik, learned Senior Counsel, appearing as amicus curiae in this case. 2. The Petitioners husband, late Maharam Ali, entered into service as Grade-D Employee, in the year 1983, in the Department of Education, Government of Tripura, when he was already married. Maharam Ali married the present Writ Petitioner, as his second wife, in the year 1989. While in service, Maharam Ali died on 20-10-2007. Shortly after the death of Maharam Ali, requisite Application was made by the present Petitioner seeking appointment under the State Governments die-in-harness Scheme. As the Petitioners said Application, see...
Kanailal Bhattacharjee Vs. Mrs. Bhajana Biswas and Another
Court: Guwahati
Decided on: Jun-13-2012
1. This appeal under Section 378(4) of the Code of Criminal procedure, 1973 (hereinafter mentioned as Cr.P.C.) is directed against the judgment and order of acquittal, dated 30.03.2007, passed by learned Judicial Magistrate, First Class, Court No.1, Agartala, West Tripura, in Case No.C.R.2141 of 2005. 2. Heard learned counsel, Mr. R. Chakraborty for the appellant and learned counsel, Mr. B. Nandi Majumder for respondent No.1. None appeared for respondent No.2. 3. Brief fact is that respondent No.1 (hereinafter mentioned as the accused), in the 1st part of September, 2004 requested the appellant (hereinafter mentioned as the complainant) to lend her Rs.2,50,000/- for her business purpose. Pursuant to such request, the complainant lent the accused an amount of Rs.2,31,000/- on condition that she will return the amount within six months. In terms thereof towards repayment of the loan amount the accused issued two cheques, bearing No.0460378 dated 08.12.2004 for Rs.48,000/- and No.0460380 ...
Krishna Bordoloi Vs. the State of Assam
Court: Guwahati
Decided on: Jun-07-2012
Ansari, J. 1. This is an appeal against the judgment and order, dated 15-05-2006, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 74 of 2005, convicting the accused-appellant under Sections 448, 506 and 376 IPC and sentencing him, for his conviction under Section 448 IPC, to undergo rigorous imprisonment for one year and to serve, for his conviction under Section 376 IPC, rigorous imprisonment for a period of 10 years and pay a fine of Rs. 15,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of three years and also to undergo, for his conviction under Section 506 IPC, rigorous imprisonment for a period of one year, all the sentences having been directed to run concurrently with further direction that if the fine is deposited by the convict, the same shall be paid to the victim as compensation. 2. I have heard Mr. SK Talukdar, learned Amicus Curiae, and Mr. Z Kamar, learned Public Prosecutor, Assam. 3. The case of the prosec...
Biswajit Biswas Vs. the State of Tripura
Court: Guwahati
Decided on: Jun-06-2012
1. This appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment of conviction and order of sentence dated 07.03.2005, passed by the learned Addl. Sessions Judge, Belonia, South Tripura, in the Sessions Trial No.39 (ST/B)/2004, whereby the appellant is convicted and sentenced to pay a fine of Rs.20,000/-(rupees twenty thousand) and in default of payment of fine to suffer simple imprisonment for one year. 2. In this appeal, a petition under Section 391 of the Code of Criminal Procedure, 1973 was filed by the appellant for additional evidence in regard to the juvenility of the appellant. By the order dated 06.02.2012, as passed in this appeal, this Court directed as under: Situated thus, this Court directs the learned Addl. Sessions Judge, South Tripura, Belonia to enquire into the age of the appellant, namely, Shri Biswajit Biswas, as per procedure as laid down under Rule 12of the Juvenile Justice(Care and Protection of Children) Rules, 2...
ic 62912 F, Major Sowmithri Vs. State of Assam and Others
Court: Guwahati
Decided on: Jun-05-2012
(1) This is an application u/s 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioner is a serving Major in the Indian Army. He seeks quashing of proceeding in G. R. Case No.965/2004 arising out of Geleky P.S. Case No.54/2004 u/s 302 of the Indian Penal Code (IPC) pending in the Court of the learned Chief Judicial Magistrate, Sivasagar. (2) The case of the petitioner is that at the relevant time, he was the Post Commander of 8 Madras Regiment deployed at Geleky, district-Sivsagar, Assam to carry out army operations against insurgents and terrorists under the Armed Forces (Special Powers) Act, 1958 (1958 Act). (3) On 20-11-2004, an FIR was lodged by one Shri Krishna Bahadur Chetry before the Geleky police station alleging that on that day at about 1 PM while his son Shri Dilip Kumar Chetry was returning home, some army personnel along with two / three persons in civil dress questioned him on the Borholla road near Ishai river. They beat him with bamboo stick. When he crie...
Wajed Ali Vs. the State of Assam
Court: Guwahati
Decided on: Jun-05-2012
B. D. Agarwal, J 1. Apparently, the allegations made in the FIR in this case are very common but it has raised a legal issue about the procedure to be followed by the Judicial Magistrates for recording statements of victim girls, who are allegedly minor and juvenile and victim of kidnapping, sexual abuse and child marriage. 2. By this application under Section 438 Code of Criminal Procedure, 1973, the accused Wajid Ali is seeking the privilege of pre-arrest bail apprehending his arrest in connection with Barpeta Police Station Case No.428 of 2012, (GR No. 767 of 2012) under Sections 366(A)/342/34 IPC. 3. Heard the arguments of Mr. HRA Choudhury, learned Senior Counsel for the petitioner and that of Mr. BB Gogoi, learned Additional Public Prosecutor for the State of Assam. At the same time, Mr. J Ahmed, learned counsel for the informant appeared objecting the bail prayer. The informant has also filed a written objection, accompanied by a school certificate as well as a birth certificate...
M/S K.K. Enterprise, Represented by Shri Kalyan Kalita, Proprietor Vs. ...
Court: Guwahati
Decided on: Jun-04-2012
JUDGMENT AND ORDER (ORAL) 1. Heard Mr. M Bhuyan, the learned counsel for the petitioner. Mr R.P. Kakoti, the learned senior counsel appears for the respondents 2 and 3. 2. A tender notice was published on 16.2.2012 (Annexure-1) for improvement and maintenance of the internal roads in the campus of the IIT, Guwahati and the tender of the petitioner at Rs.2,38,88,248/- was found to be the lowest (L-1) amongst the five tenderers. But after the estimated value of the work was revised from Rs.1,78,45,000/- to Rs.3,11,89,176.29, the settling authorities decided to allot the work to M/S Tectonicsco, whose bid was found to be acceptable on the ground that, the offer of M/S Tectonicsco at Rs.2,80,60,454.91 was within 10.03% of the revised estimate for the work in question. As the L-1 bid of the petitioner was ignored, he challenges the process of the IIT authorities. 3. The petitioner accepts the position that under CPWD Works Manual (hereinafter referred to as CPWD Manual) the estimate of the...
Anjan Barman Choudhury Vs. Ranjan Barman Choudhury and Another
Court: Guwahati
Decided on: Jun-02-2012
1. This appeal filed under Section 100 of the Code of Civil Procedure (in short CPC) which is stated for consideration of admission is directed against the judgment and decree dated 01.03.2012 as passed by the learned Additional District Judge, West Tripura, Sonamura in Title Appeal No.02 of 2011 affirming the judgment and decree dated 07.05.2011 passed by the learned Civil Judge, Senior Division, Court No.1, Agartala, West Tripura in Title Suit No.68 of 2007 whereby the suit was dismissed. 2. The suit was instituted by the appellant for specific performance of contract and injunction. Later on, another relief by way of amendment was incorporated for cancellation of the sale deed No.1-101843 dated 14-11-2005 as executed by the respondent No.1, namely, Sri Ranjan Barman Choudhury, in favour of the respondent No.2, namely, Sri Sunil Ch. Sarkar. 3. The appellant and the respondent No.1 are the joint owners of the suit land as described in the Schedule-A of the plaint. The suit land was pu...
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