Guwahati Court August 2013 Judgments
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State of Assam Vs. Monindra Suklabaidya and Others
Court: Guwahati
Decided on: Aug-27-2013
Judgment and Order (Cav) B.D. Agarwal, J. 1. This appeal under Section 378 of the Code of Criminal Procedure, 1973 is at the instance of the State, challenging the legality and correctness of the judgment and order dated 11.8.2009, passed by the learned Additional Sessions Judge, Cachar, Silchar in Sessions Case No.76 of 2004, whereby the learned trial judge has acquitted all the three accused persons from the offence under Section 304 r/w Section 34 of the Indian Penal Code, 1860. 2. We have heard Sri Z Kamar, learned Public Prosecutor for the State and Sri SP Choudhury for the respondents. We have also gone through the impugned judgment as well as the prosecution evidence, proffered in the trial court. We have also taken note of the statements made by the accused persons u/s 313 Cr.P.C. 3. The gist of the prosecution case is that both the deceased and the accused persons had paddy fields at the place of occurrence with common boundary. In other words, paddy fields of both the parties...
C.C. Singpho Vs. Khumral Lungphi and Another
Court: Guwahati
Decided on: Aug-22-2013
1. With the help of an election petition, made under Sections 80 and 80A read with Section 81 of the Representation of the People Act, 1951, (in short, the ROP Act), the opposite party herein, as election petitioner, has called in question the election of the present applicant (who, stands, now, impleaded, in the election petition, as respondent No.1) to the Arunachal Pradesh Legislative Assembly from 49 Bordumsa-Diyun (General) Legislative Assembly Constituency, the election petition having given rise to Election Petition No.4/2009. 2. It is in this election petition that the present Miscellaneous Application has been made, under Order VI Rule 16 read with Order VII Rule 11 of the Code of Civil Procedure, seeking striking out of the pleadings in the election petition and rejecting, thereafter, the election petition itself. 3. In the election petition, the election petitioner, i.e., the opposite party herein, has prayed for: (i) Order for recounting of the votes recorded in EVMs used i...
Jaganath Tanti Vs. State of Assam
Court: Guwahati
Decided on: Aug-21-2013
Judgment and Order, (Oral) 1. This appeal is directed against the judgment and order dated 05.02.2010 passed by the learned Additional Sessions Judge, (FTC) Sivasagar, Circuit Court, Charaideo, Sonari in Sessions Case No.7(S-C)/2007, whereby and whereunder the accused appellant was convicted under Section 304 Part II IPC and sentenced to undergo rigorous imprisonment for 7(seven) years with fine of Rs.1000/- (Rupees One Thousand) only in default rigorous imprisonment for another 3(three) months. 2. I have heard Ms. D Borgohain, learned Amicus Curiae appearing for the appellant. Also heard Ms. A Begum, learned Additional Public Prosecutor, Assam for the State respondents. 3. The prosecution case in brief is that one Jadu Tanti lodged an FIR at Namtola Police Out Post on 10.01.2006 alleging, inter alia, that on 09.01.2006 at about 7.30 P.M., an altercation took place between the accused Jaganath Tanti and his brother Chinta Tanti @ Ananda Tanti in the house of Sambaru Tanti wherein the a...
Ajoy Kumar Choudhury and Others Vs. State of Assam, Represented by the ...
Court: Guwahati
Decided on: Aug-19-2013
Judgment and Order, (Oral) 1. All the above writ petitions and Misc. applications being somewhat inter-related, those were heard together and are being disposed of by this common judgment and order. 2. For the sake of convenience, the cases are taken up in seriatim. WP(C) No.2653/2008 3. In this writ petition, petitioner Sri Ajay Kumar Choudhury has challenged order dated 08.04.2008 of the Chariman, Barpeta Road Municipal Board (Board). The said decision was taken on the basis of a resolution adopted by the Board on 13.03.2008. As per the said order, petitioner was restrained from drawing salary. Allegation against the petitioner was that he had misappropriated certain fund of the Board while serving as Accountant of the Board. Accordingly, he was removed from the post of Accountant and posted as UDA. 4. In view of certain facts placed on record by the petitioner by way of additional affidavit dated 21.01.2013, including the certificate of the Chairman of the Board dated 23.05.2011 whi...
Baikuntha Chetia Vs. State of Assam, Represented by the Chief Secretar ...
Court: Guwahati
Decided on: Aug-19-2013
Judgment and Order (Oral) 1. Heard Mr. G Uzir, learned counsel for the petitioner and Mr. J. Handique, learned Government Advocate, Assam, who has also produced the record. Also heard Mr. C. Baruah, learned Standing counsel, Accountant General. 2. Challenge made in this writ petition is to the suspension order dated 29.12.2001 and show-cause notice dated 29.11.2002. Further prayer made is for quashing of the disciplinary proceeding initiated against the petitioner. 3. Case of the petitioner is that while he was serving as Block Development Officer (BDO) in the Tingkhong Development Block in Dibrugarh district, he was placed under suspension on 29.12.2001, 3 (three) days prior to his retirement. The allegation against the petitioner was of mis-appropriation of Government money. Petitioner thereafter superannuated from service on 31.12.2001. 4. A departmental proceeding was drawn up against the petitioner by serving upon him a show-cause notice dated 29.11.2002 under Rule 21 of the Assam...
Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...
Court: Guwahati
Decided on: Aug-17-2013
Judgment and Order: I.A. Ansari, J. 1. Standing before us, as the petitioner in this writ petition, made under Article 226 and 227 of the Constitution of India, is a decorated officer of the Indian Air Force, a recipient of Visistha Sewa Medal, presently holding the rank of Air Commodore after having served the Indian Air Force since 1983 as a fighter pilot of the highest caliber with an impeccable and unblemished service record. The petitioner has come to this Court, having been unsuccessful in invoking the jurisdiction of the Armed Forces Tribunal (hereinafter referred to as the AFT), the petitioners grievance being that he is a victim of harassment, humiliation and persecution in a systematic, concerted and vindictive manner by the respondents, because the petitioner had raised his voice against mal-administration and corruption leading to low quality of construction of Airbase for operation of well known Sukhoi-SU-30 MKI Aircrafts. 2. The case of the petitioner, leading to filing o...
Ms. Puspa BorgohaIn Vs. the Union of India, Represented by the Ministr ...
Court: Guwahati
Decided on: Aug-13-2013
Judgment and Order (Oral) 1. This writ petition under Article 226 of the Constitution of India is filed by the petitioner questioning the selection of respondent No. 4 for grant of Retail Outlet (RO) in the category of outstanding sports person, for short, OSP, in respect of location at Amguri in the district of Sivasagar. Direction is also sought for to declare the petitioner as the most suitable candidate under the category of OSP or in the category of 33% reserved for women category. Conspicuously, date of the letter purporting to indicate selection of the respondent No. 4 has been kept blank. 2. The facts, in a nutshell, as emerging from the writ petition is that the petitioner is an educated unemployed youth and a national level sports woman. She had earned many laurels and prizes in various national level competitions in the discipline of weight lifting. She had secured first place in 56kg weight class at the national bench press power lifting championship held at Mount Abu on an...
Mona Das Vs. State of Assam
Court: Guwahati
Decided on: Aug-13-2013
Judgment and Order (Oral) 1. This appeal is directed against the judgment and order dated 01.10.2007 passed by the learned Sessions Judge, Darrang at Mangaldai in Sessions Case No.188(DM)/2006, whereby and whereunder accused Mona Das who is the appellant herein was convicted under Section 304(B)(2) and sentenced to undergo rigorous imprisonment (RI for short) for seven years. However, another accused viz. Smti Durbala Das was acquitted on benefit of doubt. 2. I have heard Ms. RB Bora, learned Amicus Curiae appearing for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, Assam for the State respondents. 3. The facts of the present case depict a tragic circumstance of the death of a young house wife at the hands of her husband Mona Das. An FIR was lodged to that effect by one Sri Niranjan Namodas with the Officer-in-Charge of the Tangla Police Station contending therein that his sister Kento Namo Das (the deceased) was given marriage to accused Mona Das as per ...
Md. Nur Islam Vs. the State of Assam
Court: Guwahati
Decided on: Aug-12-2013
Judgment and Order: 1. Heard Mr. P.C. Dey, learned counsel for the appellant. Also heard Mr. B. J. Dutta, learned Addl. Public Prosecutor, Assam. 2. This appeal is directed against the judgment dated 04.03.2011 passed by the Addl. Sessions Judge, F.T.C., Nagaon, Assam in Sessions Case NO. 77(N) of 2008 convicting one Md. Nur Islam of offences under Section 457/ 376 IPC and sentencing him to suffer rigorous imprisonment for 4 years and fine of Rs. 1,000/- in default to undergo simple imprisonment for 15 days for offence under Section 376 IPC and sentencing him to simple imprisonment for 3 years and a fine of Rs. 1, 000/- in default to undergo simple imprisonment for another period of 15 days for offence under Section 457 IPC. 3. Being aggrieved by and dissatisfied with aforesaid judgment, the petitioner Md. Nur Islam, hereinafter, referred to as accused person, preferred this appeal citing several infirmities in the judgment, impugned. 4. The brief facts necessary for disposal of the p...
Sailendra Nath Kakati Vs. Uco Bank, to Be Represented by General Manag ...
Court: Guwahati
Decided on: Aug-06-2013
Judgment and Order (Cav) 1. In this petition under article 226 of the Constitution of India, petitioner has challenged the legality and validity of the order dated 04-03-2008 passed by the Zonal Manager, UCO Bank, Zonal Office, Jorhat as the disciplinary authority imposing the penalty of removal from service on the petitioner. 2. Case of the petitioner is that while he was serving as MMGS-II in the Mukalmua Branch of UCO Bank, he was served with a show-cause notice dated 12-09-2006 issued by the disciplinary authority proposing to hold a disciplinary enquiry under Regulation 6 of the UCO Bank Officer Employees (Discipline and Appeal) Regulations, 1976 on the charges mentioned therein. The charges pertain to various acts, omissions and commissions allegedly committed by the petitioner in the sanctioning and disbursement of loans while serving as Assistant Manager of the Itanagar Branch. When he was transferred from Itanagar Branch to Mukalmua Branch, he had transferred the four loans ac...
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