Guwahati Court September 2012 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Manik Das Vs. Haripada Shil and Others
Court: Guwahati
Decided on: Sep-19-2012
1. Heard Mr. A. Das Gupta, the learned Counsel appearing for the appellant (defendant No.5). Also heard Mr. S.M. Chakraborty, the learned Senior Counsel appearing for the plaintiff (respondent). 2. After the plaintiff was acquitted in a criminal case filed against him by the appellant, the Money Suit No.4/2007 was filed by him claiming damage for malicious prosecution against the informant and the conniving police officers. Earlier on the basis of the F.I.R. lodged by the appellant (respondent No.5), the plaintiff was taken into custody in the Belonia P.S. Case No. ST 21(ST/B)/2006 and he was made to suffer humiliation amongst his co-villagers. Eventually the plaintiff was acquitted by the learned Addl. Sessions Judge, Belonia on 26.8.2006 in that case and in the acquittal judgment, the following observation was recorded by the learned Trial Court: From the evidence of P.Ws. it is clear that some persons objected to the construction work by below quality bricks and then on wrong inform...
Keruupfeu Vs. State of Nagaland and Others
Court: Guwahati
Decided on: Sep-14-2012
S. Talapatra, J. 1. Heard Mr. B.N. Sharma, learned senior counsel assisted by Mr. Kekhrienengulie, learned counsel appearing for the appellant as well as Mr. C.T. Jamir, learned senior counsel assisted by Mr. Wati Jamir for the respondent Nos.3 to 7 and Mrs. Y. Longkumer, learned senior Government Advocate for the respondent Nos.1 and 2. 2. The Writ Appeals being No.20(K) of 2011 and Writ Appeal No.21(K) of 2011 are tied up together for the reason that an identical question involved in these matters requires to be attended to. 3. In the writ petition being W.P.C. No.284(K) of 2007, the appellant challenged the regularisation of the respondent Nos.3 to 7 in the post of the Sr. Lecturer in the District Institute of Education and Training under the respondent No.2. The Writ Appeal being W.A. No.20(K) of 2011 has emerged therefrom. The appellant set in the writ proceeding being W.P.(C) 173(K) of 2007 for striking down the seniority list published by Office Memorandum No. EDS/DIET/I/05 (PT)...
Ka Riverretta Diengdoh Vs. Ka Trially Sara Rymbai and Another
Court: Guwahati
Decided on: Sep-14-2012
1. This appeal under Section 299 of the Indian Succession Act, 1925 (in short the 1925 Act), is directed against the judgment and order dated 22-9-2008 passed by the learned Judge, District Council Court, Shillong, in Probate Misc. Case No.1/2000, rejecting the application filed by the appellant for probate of the Will executed by the appellants father. 2. The appellant filed an application seeking probate of a Will executed by her father on 6-2-1999, in the Court of learned Judge, District Council Court, Shillong, which was registered and numbered as Probate Misc. Case No.1/2000, contending inter alia that by the said Will her father bequeathed the property belonging to him in her favour, in presence of the witnesses and when he was in the disposition state in mind. The said proceeding was contested by the respondents by filing joint written objection stating inter alia that the Will was obtained by the petitioner by fraud and misrepresentation of facts. It has also been pleaded that ...
Mustt. Sahera Khatoon Vs. Md. MafijuddIn Ahmed, Master
Court: Guwahati
Decided on: Sep-12-2012
1. The instant revision petition is directed against the judgment and order dated 10.9.2004 passed by the learned Chief Judicial Magistrate, Barpeta in Misc. Case No. M.R. 261 of 2001 whereby and whereunder the petition filed by the petitioner under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short hereinafter referred to as 'the Act, 1986') was dismissed on the ground that the said petition is barred by the provision of Sub-section (3) of Section 125 of the Cr P.C. 2. Heard Mr. B. Hussain, the learned Counsel appearing for the petitioner. None appears for the respondent, even if the name of the learned Counsel for the respondent is shown in the cause list. 3. The brief facts needed to be discussed are as follows: "The petitioner, Mustt Sahera Khatoon, admittedly a Muslim divorced wife of the respondent, filed a petition under Section 3 of the Act, 1986 on 27.8.2001 in the Court of the Chief Judicial Magistrate, Barpeta claiming for reasonable mainten...
Mrs. Punam Wangkhem Singh Bhatia Vs. the Manipur Industrial Developmen ...
Court: Guwahati
Decided on: Sep-10-2012
Oral: 1. Heard Mr. W. Darakishore, learned counsel for the petitioner as well as Mr. R.K. Tomma, learned counsel representing the respondent No.1. I have also considered the materials on records. 2. By means of this writ petition, the petitioner seeks to assail the order dated 17.02.2004 passed by the Debt Recovery Tribunal (DRT), Guwahati in Original Application (OA) No. 6/2003 and the judgment dated 22.03.2012 passed by the learned Debt Recovery Appellate Tribunal, Kolkata in Appeal No. 27/2007/590-591 by which the impugned order dated 17.02.2004 passed in OA No. 6/2003 has been affirmed. 3. The OA was filed by the respondent No. 1 Corporation in respect of the loan that was sanctioned in favour of the respondent No. 2 who was the defendant No. 1 in the OA. It was held by the Tribunal that the defendant No.1, i.e. the respondent No. 2 in this proceeding after availing the loan stood defaulter and accordingly the respondent/Corporation as the applicant was entitled to get a certificat...
Manuj Chutia Vs. the State of Assam
Court: Guwahati
Decided on: Sep-04-2012
B.D. Agarwal, J. The appellant herein has been convicted under section 304 Part-I of the Indian Penal Code, vide impugned judgment dated 27.8.2008, passed by the learned Sessions Judge, Dhemaji in Sessions Case No.20(DH) of 2007. After his conviction, the appellant has been sentenced to undergo rigorous imprisonment for 7(seven) years with fine of Rs.2000/- and in default of payment of fine, the appellant has been directed to undergo simple imprisonment for 2(two) months. 2. Being aggrieved with the conviction and sentence, the convict has preferred this appeal. 3. Heard Mr. BD Konwar, learned counsel for the appellant and Mr. BB Das, learned Additional Public Prosecutor for the State. I have also gone through the impugned judgment and the evidence tendered by the prosecution as well the accused in the trial court. 4. As could be gathered from the record, both the accused and the injured are from the same village. The record further reveals that the incident had taken place after an al...
Amir UddIn Barbhuyan and Another Vs. the Government of Assam and Other ...
Court: Guwahati
Decided on: Sep-03-2012
1. This writ petition is registered on the basis of the application dated 17.06.2012 addressed to the Honble Chief Justice by two convicts lodged in Hailakandi District Jail, who had been convicted in Sessions Case Nos.20/2000 and 21/2000, praying for passing an order under Section 427 of the Criminal Procedure Code directing concurrent running of the sentence of imprisonment in Sessions Case No.21/2000 with the sentence imposed in Sessions Case No.20/2000. 2. The applicants were charged under Section 436/149 IPC in Sessions Case No.20/2000 for causing mischief to an extent of Rs.2,00,000/- by setting fire into the dwelling house of the informant in village Harishnagar Part-III under Katlicherra Police Station on the midnight of 12.12.1997, where all the household belonging including the paddy and some live-stocks like hens, goats etc. were burnt into ashes. On the basis of such allegation initially Katlicherra P.S. Case No.227/1997 was registered and upon completion of the investigati...
- ‹ Prev
- Next ›