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Guwahati Court August 2013 Judgments

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Aug 06 2013

Ms. S. Vidya Vs. the State of Arunachal Pradesh and Others

Court: Guwahati

Decided on: Aug-06-2013

Judgment and Order (Cav) A.K. Goswami, J. 1. This Writ Appeal is presented against the Judgment and Order dated 31.08.2012 passed by the learned Single Judge dismissing the writ petition as not maintainable for not impleading all the 22 candidates who were in Category 1 for being admitted to Medical Colleges in the MBBS course in respect of seats allotted by Government of India, for short, GOI seats. 2. The appellants father is an employee of the Government of Arunachal Pradesh. The appellant had passed ClassX and ClassXII examinations from Kerala. An Information Brochure was issued in respect of holding of Arunachal Pradesh Joint Entrance Examination (APJEE) to select candidates for nomination to the various technical and professional courses against the seats made available to the State of Arunachal Pradesh by the Government of India, the North Eastern Council, etc. The brochure lays down eligibility criteria and also contains instructions for filling up of the application form as we...


Aug 05 2013

Mrs. Manju Lakra Vs. the State of Assam

Court: Guwahati

Decided on: Aug-05-2013

Judgment and Order: Ansari, J. 1. All anger is not sinful, because some degree of it, and on some occasions, is inevitable. But it becomes sinful and contradicts the rule of Scripture, when it is conceived upon slight and inadequate provocation, and when it continues long.Wilson Mizner, American playwright Manju Lakra, the appellant in the present appeal, is one of those Indian housewives, who confront and suffer, day in and day out, unprovoked acts of domestic violence; but, on one occasion, the violence boomeranged and devoured the perpetrator, her husband, Bhadra Lakra. Tried and convicted for the offence of murder, the appellant, Manju Lakra, stands before us posing a question whether her act was sinful or was she just a victim of the circumstances? 2. This appeal is directed against the judgment and order, dated 29-06-2007, passed by the learned Sessions Judge (FTC), Biswanath Chariali, in Sessions Case No. 115 of 2006, convicting the accused-appellant, Smti. Manju Lakra, under Se...


Aug 05 2013

Md. Kurban Ali and Others Vs. State of Assam, Represented by the Chief ...

Court: Guwahati

Decided on: Aug-05-2013

Judgment and Order (Oral) 1. Grievance raised and reliefs sought for in both the writ petitions being identical, those were heard together and are being disposed of by this common judgment. 2. Facts of both the cases may be briefly noticed. WP(C) No. 8453/2003 3. Case of the petitioners is that since the days of their forefathers, they have been rearing livestock, cattle etc. along the northern bank of the river Brahmaputra on the alluvial lands called chars/chaporis. Such chars and chaporis are included in the assembly constituencies under Behali, Gohpur and Bishwanath circles of Sonitpur district. They were also granted grazing permits by the State Government authorities. For grazing their cattle, petitioners had built thatched bamboo sheds called Khutis on the grazing lands for providing food and shelter to the livestock. Those Khutis are not permanent structure. 4. On 10-09-1985, a preliminary notification was published u/s 35(1) of the Wildlife Protection Act, 1972 (Act) declaring...


Aug 02 2013

Ms. Brahmaputra Automobiles Pvt. Ltd. and Another Vs. the State of Ass ...

Court: Guwahati

Decided on: Aug-02-2013

Judgment and Order (Cav) Both the writ petitions challenging the action of the respondents in rejecting the tender submitted by the petitioner in respect of the particular NIT have been heard together and are being disposed of by this common judgment and order. WP(C) No. 1520/2013 1. The petitioner M/s. D.B. Enterprise, represented by its proprietor, as claimed in the writ petition, is engaged in various kinds of supply works including supply of goods to various department of Govt. of Assam. Responding to the NIT dated 07/02/2013 inviting offers for supply of kitchen devices, more particularly, Stainless Steel plate and glass for Lower Primary and Upper Primary Schools under Midday meal scheme, the petitioner offered its bid. The process of tender was a 2 (two) bid system, technical bid followed by commercial bid. The bidders were required to supply the samples of the items mentioned in the NIT. The last date of submission of bid documents was 18/02/2013. The bids were to be opened on ...


Aug 02 2013

Raju Ali Vs. the Union of India, Represented by the Secretary to the G ...

Court: Guwahati

Decided on: Aug-02-2013

Judgment and Order (Cav) 1. The matter pertains to awarding of contract for handling and processing of Oily Sludge of Assam Assets. The petitioner, who was a tenderer for the said work is aggrieved by rejection of his technical bid. His prayer in the writ petition is for a direction to the respondents to open his commercial bid and thereafter to proceed with the matter in terms of the particular tender notice. 2. By Annexure-a Invitation to Bid (ITB) dated 24/02/2012, the ONGC authority invited bids under two bids system i.e. technical and commercial, for handling and processing of Oily Sludge of Assam Assets. As notified in the ITB, the date and time of submission of bids and date and time of opening techno-commercial bids were 29/03/2012 (1400 hrs) and 29/03/2012 (1500 hrs) respectively. 3. Pursuant to the said ITB, the petitioner along with another including the respondent No.5 submitted tenders. According to him, he had conformed to the requirements of the bid. 4. As stated in the ...


Aug 01 2013

Kartik Ch. Singh Vs. State of Assam

Court: Guwahati

Decided on: Aug-01-2013

Judgment and Order Ansari, J. 1. By judgment and order, dated 31.07.2009, passed, in Sessions Case No. 16 of 2007, by the learned Sessions Judge, Kokrajhar, the accused-appellant, Kartik Chandra Singh, stands convicted under Sections 302 and 325 IPC and sentenced to suffer, for his conviction, under Section 302 IPC, imprisonment for life and pay fine of Rs.5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of one year and also to suffer, for his conviction under Section 325 IPC, rigorous imprisonment for three years and pay fine of Rs.1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of three months, both the sentences having been directed to run concurrently. 2. The case of the prosecution, as surfaced at the trial, may, in brief, be described as under: (i) Accused, Kartik Singh, used to reside with his wife, Kakila Singh, and his 1 year old female child, Jorina Singh. The house, wherein the accused used to live w...


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