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Guwahati Court August 2012 Judgments

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Aug 28 2012

Toko LalIn (Asm Talo) Vs. the Deputy Commissioner and Others

Court: Guwahati

Decided on: Aug-28-2012

I. Ansari, J. Aggrieved by the judgment and order, dated 17.08.2010, passed, in WP(C) 123(AP)/2010, dismissing the writ petition, the writ petitioner has preferred this appeal. 2. We have heard Mr. P. K. Tiwari, learned counsel for the writ petitioner-appellant, and Mr. R. H. Nabam, learned Senior Government counsel, appearing for respondent Nos. 1 and 2. We have also heard Mr. B. C. Das, learned counsel, appearing for respondent No. 3. 3. The case of the appellant may, in brief, be set out as under: (i) In the Panchayati Raj Elections, held in the year 2008, in the State of Arunachal Pradesh, the appellant herein was elected on an Indian National Congress ticket (in short, INC) as an Anchal Samiti Member (hereinafter referred to as ASM), Talo, within the 16 Yachuli (ST) Assembly Constituency, his term, as ASM, being for five years, which would expire in the year 2013. (ii) On 18th September, 2009, the Election Commission issued a Notification announcing Schedule for General Elections ...


Aug 23 2012

Union of India and Others Vs. Kripesh Chandra Roy

Court: Guwahati

Decided on: Aug-23-2012

S. Talapatra, J. 1. By this intra-court appeal, the Union of India and its officers have challenged the judgment and order, dated 05-12-2006 as passed by the learned single Judge in W.P. (C) No.19 of 2000 whereby the learned single Judge declared and directed as under: This court while examining the proceeding as indicated above has found that no fair and reasonable opportunity have been provided to the charged Constable. Such a finding of the court is not reached on the basis of the fact that legal assistance has not provided but on scrutiny of the proceedings as a whole, which has led this court to conclude that fair and reasonable opportunity as envisaged by law have not been provided in the inquiry wherein guilt finding has been recorded by the Inquiry officer. Considered in light of the above discussion, this Court holds that the said finding dated 22-3-99 is liable to be interfered with and accordingly, the said finding is set aside. Consequently, the impugned order of punishment...


Aug 09 2012

M/S Joram Mpcs Ltd. Vs. State of Arunachal Pradesh and Others

Court: Guwahati

Decided on: Aug-09-2012

1. The tender notice, which was published on 02-03-2012, by the office of the Deputy Commissioner, Lower Subansiri, Zero, lies at the root of controversy in this writ petition, made under Article 226 of the Constitution of India, inasmuch as the tender notice invited sealed tenders from the interested Registered Cooperative Societies of Lower Subansiri district, for appointment as PDS Wholesale Nominee-cum-Carriage Contractor for PDS rice, in respect of Lower Subansiri District, for the year 2012-13. The terms and conditions of the appointment were given, in detail, along with the said tender notice. The relevant partition of the terms and conditions aforementioned are reproduced below: Clause-4. The tendered rates should be clearly indicated in figures as well as in words. The rates should be quoted for per quintal per km basis, separately for road transport (vehicular) and head load transport. No separate rates should be quoted for summer, winter, plain area and hill area Clause-6 (v...


Aug 08 2012

Sunil Gore @ Sunil Gorh Vs. the State of Assam, Represented by the Add ...

Court: Guwahati

Decided on: Aug-08-2012

B.D. Agarwal, J. 1. The appellant herein, is none else but the husband of the deceased. The appellant stands convicted under Section 302 of the Indian Penal Code (in short, the IPC) for murder of his wife vide judgment dated 30.03.2006, passed by the learned Additional Sessions Judge (Adhoc), Lakhimpur, North Lakhimpur and he has been sentenced to undergo imprisonment for life and also to pay fine of Rs. 1,000/- with default stipulation for further RI for one year. Being aggrieved with the conviction and sentence the convict has preferred this appeal from jail. 2. Since the appellant was found unrepresented by any one, Smt Rita Boro Bora, learned counsel was appointed as Amicus Curiae. We have heard the arguments of the learned Amicus Curiae as well as that of Sri D Das, learned Additional Public Prosecutor for the State of Assam. We have also gone through the impugned Judgment and the evidence proffered by the prosecution in the trial Court. 3. Though a plea of committing the offence ...


Aug 08 2012

Akla Orang Vs. State of Assam

Court: Guwahati

Decided on: Aug-08-2012

Order: (CAV) 1. The judgment and order dated 13.06.2007 passed by the learned Addl. Sessions Judge (FTC) No. 1,Tinsukia in Sessions Case No. 120(T)/1996 has been challenged in this appeal. The appellant has been convicted under Section 323 and 302 IPC and sentenced to undergo life imprisonment and also to pay fine of Rs. 5,000/- in default rigorous imprisonment for 6 months for the offence committed by him under section 302 IPC and further sentenced to pay fine of Rs. 5,000/- in default simple imprisonment for 15 days for the offence committed by him under Section 323 IPC. 2. Heard Mrs. Rita Das Mazumdar, learned Amicus Curie appearing on behalf of the appellant as well as Mr. Z. Kamar, and learned Public Prosecutor, Assam for the State Respondent. 3. The prosecution case in brief is that the accused Akla Orang was a ploughman employed by Sukram Mura. Sukram Mura, his wife Arati Mura and his son Madan Mura were living together in a hut. Accused Akla Orang alongwith another ploughman Du...


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