Guwahati Court January 2014 Judgments
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Ramchhanthanga Vs. State of Mizoram
Court: Guwahati
Decided on: Jan-21-2014
1. Heard Mr. R. Lalhmingmawia, learned Amicus Curiae appearing for the appellant as well as Mr. Lalsawirema, learned Additional Public Prosecutor, Mizoram. 2. This jail appeal is directed against the judgment and order dated 5.3.2012 passed by the learned Addl. District and Sessions Judge-IV, Aizawl judicial district, Aizawl in S.R. No. 97/10 in Criminal Trial No. 37/2010 under Section 376(1) IPC whereby the accused Ramchhanthanga was convicted under Section 376(1) ICP and sentenced to undergo Rigorous Imprisonment for a period of 7 (seven) years and to pay fine of Rs. 5000/-, in default to undergo S.I. for a period of 30 (thirty) days. 3. The case of the prosecution is that on 16.2.2010, an FIR was lodged by PC Laldingliana who is the father of the victim stating that on 14.2.2010 (Sunday) at around 1-3 p.m., Ramchhanthanga, S/o (P-1) of Khawhai (N) gave liquor to his daughter and her friends to the extent that made her unconscious. He then raped her at Government Primary School-IV, K...
Debakanta Buragohain and Others Vs. The Union of India and Others
Court: Guwahati
Decided on: Jan-21-2014
A.M. Sapre, CJ. None appears for the petitioners. Heard Mr. K. N. Choudhury, learned Additional Advocate General, Assam, assisted by Mr. B. J. Talukdar, learned Govt. Advocate, Assam and Mr. P. J. Phukan, learned Standing Counsel, PCFBA. This is a PIL. We have perused the contents of the petition and find that the proper remedy of the petitioners would be to approach the National Green Tribunal, New Delhi, for adjudication of their grievances for which this PIL is filed because they have relied upon an earlier order passed by the Tribunal on 07.09.2012 in Application No.38/2011, Rohit Choudhury vs. Union of India and others on somewhat similar issues impugned in the writ petition (PIL). In view of the above and having regard to the nature of controversy sought to be raised by the petitioners in this petition and also keeping in view the similar issues already decided by the Tribunal by its order dated 07.09.2012 in the aforementioned case, we are of the considered opinion that these pe...
Raj Kr. Manta Vs. State of Assam through the Commissioner and Special ...
Court: Guwahati
Decided on: Jan-21-2014
Oral: Ujjal Bhuyan, J. 1. This appeal is directed against the judgment and order dated 09.06.2005 passed by the learned Single Judge in WP(C) No. 6098/2003 dismissing the writ petition filed by the appellant as the petitioner seeking a direction to the respondents to consider his case for promotion to the post of Executive Engineer in the Electrical Wing of the Public Works Department of the State of Assam. Appellant had based his case by relying upon the provisions of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 and the Rules framed thereunder (Act and Rules hereafter). 2. Facts of the case may be briefly noticed at the outset. 3. Appellant was appointed as Assistant Engineer (Electrical) in the Public Works Department, Government of Assam on 28.09.1989. He was promoted to the post of Assistant Executive Engineer on 03.07.1997. In the gradation list of officers in the rank of Assistant Executive Engineer as on 07.10.2002, a...
Nabajyoti Bordoloi Vs. Puru Gupta, IAS
Court: Guwahati
Decided on: Jan-20-2014
Heard Mr. P. Bhowmick, learned counsel for the petitioner and Mr. D. Saikia, learned Additional Advocate General, Assam, appearing for the respondents. This contempt application arises out of an order dated 24.05.2011 passed by the learned Single Judge in Review Petition No.134 of 2010. Notice of this contempt application was issued to the respondents. The respondents are served and duly represented. Learned counsel for the respondents at the outset submitted that the order in question has since been complied with by the respondents and the same is clear from the letter dated 04.08.2012 sent by the respondent to the petitioner purporting to be in compliance to the order out of which this contempt application arises. Having heard the learned counsel for the parties and on perusal of the records of the case and after taking into account the nature of the controversy raised, I am inclined to dismiss this contempt application with liberty to the petitioner to challenge the impugned complia...
Zorama Vs. State of Mizoram
Court: Guwahati
Decided on: Jan-17-2014
1. Heard Mr. L.H. Lianhrima, learned Amicus Curiae appearing on behalf of the appellant as well as Mr. Lalsawirema, learned Addl. Public Prosecutor appearing for the State of Mizoram. 2. This appeal is directed against the judgment and order dated 28.8.2012 passed by the learned Addl. District and Sessions Judge-IV, Aizawl in SR No. 7/2010 under Section 376 (1) IPC whereby the accused Zorama was sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 5000/- in default, to undergo Simple Imprisonment for a period of 30 days. 3. The case of the prosecution is that on 7.10.2010 one Vanlalruati lodged an FIR before the Officer-in-charge, Kulikawn Police Station stating that beginning from September 2008 till October, 2010, her granddaughter Lalrinsangi (14) daughter of Lalthanmawia of Chaltlang was threatened and sexually abused by her husband Zorama (46), Gorkhali by birth. She came to learn of these incidents while taking her granddaughter for a medical check up a...
The AOD-OIL Co-operative Society Ltd., a Society Registered under the ...
Court: Guwahati
Decided on: Jan-10-2014
(CAV), J. 1. Two writ petitions, being WP(C) No. 5696 of 2013 and WP(C) No. 5191 of 2013 along with their Misc. cases, namely, MC No. 3213 of 2013 and MC. No. 3009 of 2013 relate to election of Managing Committee of AOD Oil Cooperative Society Limited, Digboi. In WP(C) No. 5191/ 2013, the AOD-OIL Cooperative Societies Limited (hereinafter referred to as the society) and its Vice-President, Sri Pabon Borah, are the petitioners and they have challenged legality and validity of order dated 31.07.2013 issued by the Zonal Joint Registrar of Cooperative Societies, Jorhat (hereinafter referred to as the Zonal Registrar) whereby the Managing Committee of the society was held to have automatically dissolved under Section 41(3) of the Assam Cooperative Societies Act, 2007 and thereupon one Sri Arun Kotoky a Senior Inspector of the Cooperative Societies Tinsukia who is respondents No. 4 in this writ petition was appointed as the Officer on management to manage the affairs of the society. On the o...
Dharma Kanta Mahanta and Others Vs. L.S. Changsan and Others
Court: Guwahati
Decided on: Jan-10-2014
A.M. Sapre, C.J. 1. Heard P. Talukdar, learned counsel appearing for the petitioners and Mr. K.K.Dutta, learned counsel appearing for the respondents. 2. This contempt petition has been filed under sections 11 and 12 of the Contempt of Courts Act, 1971 read with the provisions of Contempt of Court (Gauhati High Court) Rules, 1977 and Article 215 of the Constitution of India alleging willful and deliberate violation of judgment and order dated 24.09.2010 passed by the Division Bench of this Court in Writ Petition (C) No.5085 of 2008. 3. The operative part of the judgment and order rendered in the Writ Petition (C) No.5085 of 2008, reads as follows: In the face, a clear and categorical stand of the official respondents in the instant petition that the petitioners are not amongst the 717 Assistant Teachers whose services had been terminated in the year 1992, we are of the view that the instant petition ought to be disposed of with the following directions: 1. As claimed by the petitioners...
M/s. Nayak Infrastructure Pvt. Ltd. Vs. The State of Assam and Others
Court: Guwahati
Decided on: Jan-10-2014
A.M. Sapre, CJ. Heard Mr. G. N. Sahewalla, learned senior counsel for the petitioner and Mr AK Sarkar, learned Standing Counsel, NF Railways. Also heard Mr S Saikia, learned Standing Counsel, Finance Department, Govt. of Assam. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for grant of following relief: In the premises aforesaid, Your petitioner prays that Your Lordships may be pleased to call for records, issue a rule calling upon the respondents to show cause as to why a writ of mandamus be not issued directing the respondent authorities and more particularly the respondent No.4 to 8 to desist, forbear and/or restrain themselves from deducting tax at source while making payment of the bills to the petitioner on the total value of the works contract in respect of Work Order bearing No. W/362/CON/LGT-PDJ(LMG)/ Protection Work/2013/01 dated 26.09.2013 without giving deduction on account of labour charges, other deductions provided...
Tolaram Karnani and Another Vs. Girish Ch. Dutta
Court: Guwahati
Decided on: Jan-10-2014
Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. B. Sarma, learned counsel for the petitioners. This is a revision petition filed by non-applicant (tenant) against the judgment and decree dated 7.12.2006 passed by District Judge, Jorhat in Title Appeal No.28 of 2006, which in turn arises out of judgment and decree dated 27.1.2003 passed by the Civil Judge (Junior Division) No.1, Jorhat in Title Suit No.81 of 1995. By the impugned judgment and decree, the First Appellate Court confirmed the judgment and decree passed by the Trial Court, but while doing so, reversed the finding on one issue in favour of the appellant (tenant herein) and directed eviction of the appellant-tenant from the suit accommodation under the provisions of the Assam Urban Areas Rent Control Act, 1970. The short which arises for consideration in this revision petition is whether the first appellate court was justified in confirming the judgment and decree passed by the Trial Court. The facts in the l...
Nityananda Dutta and Another Vs. Dimbeswar Pegu and Another
Court: Guwahati
Decided on: Jan-10-2014
1. Heard Mr. G. N. Sahewalla, learned Senior Counsel, assisted by Ms. B. Sarma, learned counsel appearing for the petitioners and Mr. B. K. Bhatacharjee, learned counsel for the respondents. 2. This is a civil revision filed by the defendant under Section 115 of Civil Procedure Code against the judgment and decree dated 3.1.2007 passed by Munsiff No.1, Dhemaji in Title Suit No.4 of 2005. 3. By impugned judgment /decree, the trial court decreed the suit filed by the plaintiff under Section 6 of the Specific Relief Act against the defendant and passed the decree for possession of the suit land. 4. So the short question, which arises for consideration in this revision petition is, whether trial court was justified in decreeing plaintiffs suit for possession against the defendant in relation to the suit land. 5. Having heard the learned counsel for the parties and on perusal of the record of the case, I am inclined to allow the revision and while setting aside of the impugned CRP No.110 of...
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