Guwahati Court February 2014 Judgments
Md. Kashem Ali @ Abul Kashem Vs. State of Assam
Court: Guwahati
Decided on: Feb-28-2014
1. Heard Mr. A. Ahmed, learned counsel for the petitioner and the learned Addl. PP appearing for the state respondent. 2. This revision proceeding has been directed against the judgment dated 24th September, 2009, passed by the Chief Judicial Magistrate, Morigaon, in GR Case No.1284/2007 convicting the accused Kasem Ali of offences under Sections 335/341 IPC and sentencing him to RI for 1 year for offence under Section 325 IPC and to pay a fine of Rs.500/- in default, imprisonment for 1 month and also to pay a fine of Rs. 500/- in default SI for one month for offence under Section 341 IPC. 3. By the same judgment, the learned trial court while acquitting accused Nazrul Islam of offence under section 325 IPC, also convicted him of offence under section 341 IPC and sentenced him to pay a fine of Rs. 500 in default SI for one month. 4. Being aggrieved by and dissatisfied with the aforesaid judgment, accused Kasem Ali and Nazzrul Islam had preferred an appeal against such judgment citing s...
Tag this Judgment!Mailata Talukdar and Others Vs. Joy Kanta Talukdar
Court: Guwahati
Decided on: Feb-26-2014
1. This appeal by the defendant Nos.1 to 9 is directed against the judgment and decree dated 05.04.2003 passed by the learned Civil Judge (Sr. Division), Barpeta, in Title Appeal No.10/2002, allowing the appeal by setting aside the judgment and decree dated 26.06.2002 passed by the learned Civil Judge (Jr. Division), Barpeta, in Title Suit No.99/1997, whereby and whereunder the suit of the plaintiff/respondent No.1 was initially dismissed. 2. The respondent No.1 as plaintiff instituted the aforesaid suit for partition of the land measuring 57 bighas 3 kathas 0 lecha described in Schedule-A to the plaint and declaration of right, title and interest in respect of 9 bighas 3 kathas 13 lechas of land covered by Dag No.202 of K.P. Patta No.15 (Schedule-B), which is part of the Schedule-A land as his share being 1/7th of the Schedule-A land, contending inter alia that Schedule-A land apart from other annual patta land originally belonged to Faguna, who died in the year 1926 and had 7(seven) ...
Tag this Judgment!Arunava Dey Vs. The State of Assam, represented by the Principal Secre ...
Court: Guwahati
Decided on: Feb-26-2014
Oral: 01. By way of this petition, under Article 226 of the Constitution of India, petitioner has challenged the legality and validity of the notifications bearing No.AAA.1/2012/70 and No.AAA.1/2012 /70-B, both dated 19.02.2014, issued by the Principal Secretary to the Govt. of Assam, Personnel (A) Department, whereby respondent No. 3 has been transferred and posted as Addl. Deputy Commissioner, Karimganj and petitioner has been transferred and posted as Addl. Deputy Commissioner, Dima Hasao district, Haflong. 02. Facts of the case may be briefly noted. 03. Petitioner is an officer belonging to the Assam Civil Service (ACS) and he was serving as Addl. Deputy Commissioner, Cachar, Silchar. Following a circular dated 16.01.2014, issued by the Chief Electoral Officer, Assam for transfer of officers posted in their home districts or who have completed three years in a particular place of posting, a general transfer order in the form of notification dated 15.02.2014 was issued by the Princi...
Tag this Judgment!Bhumidhar Nath (Accused 1), (Assam) and Another Vs. State of Assam
Court: Guwahati
Decided on: Feb-21-2014
Sreedhar Rao, J. 1. The material-facts of the prosecution case disclose that one Troilokya Nath alias Tulukan is deceased. He is mater-uncle of the accused-persons. There was a property dispute between them. Earlier to the incident in question, the deceased had assaulted Indra, a family member of the accused-persons. On 21.10.2004 at around 8.30 PM, the accused-persons picked a quarrel and assaulted the deceased. Deceased managed to escape and entered the room of the mother of PW-4, where all the accused-persons came chasing him and the accused 1, 4 and 6 ~ Bhumidhar Nath, Jiten Nath and Pitambar Nath ~ entered the room and dragged him out and assaulted him. The other accused-persons also abated the commission of the offence. As a result the deceased sustained severe injuries and later, on the same day he had been admitted to a hospital where he succumbed to the injuries. 2. After receiving a complaint about the incident from Basanta Kumar Nath(PW-2), police visited the spot, sent the ...
Tag this Judgment!Bhumidhar Nath (Accused 1), Darrang (Assam) and Others Vs. State of As ...
Court: Guwahati
Decided on: Feb-21-2014
Sreedhar Rao, J. 1. The material-facts of the prosecution case disclose that one Troilokya Nath alias Tulukan is deceased. He is mater-uncle of the accused-persons. There was a property dispute between them. Earlier to the incident in question, the deceased had assaulted Indra, a family member of the accused-persons. On 21.10.2004 at around 8.30 PM, the accused-persons picked a quarrel and assaulted the deceased. Deceased managed to escape and entered the room of the mother of PW-4, where all the accused-persons came chasing him and the accused 1, 4 and 6 ~ Bhumidhar Nath, Jiten Nath and Pitambar Nath ~ entered the room and dragged him out and assaulted him. The other accused-persons also abated the commission of the offence. As a result the deceased sustained severe injuries and later, on the same day he had been admitted to a hospital where he succumbed to the injuries. 3 2. After receiving a complaint about the incident from Basanta Kumar Nath(PW-2), police visited the spot, sent th...
Tag this Judgment!State of Assam Vs. Balai Choudhury and Others
Court: Guwahati
Decided on: Feb-21-2014
Sreedhar Rao, J. 1. The material-facts of the prosecution case disclose that one Zamal Uddin is deceased. PW-3 is his brother. PW-3 went to the lottery shop of the accused 3 and later when he was playing lottery the deceased came and told PW-3 not to play lottery while asked the accused 3 not to sell tickets to his brother. An altercation ensued, in which the accused 1 and 2 who are brother and father of the accused 3 also joined in the scuffle. Accused 3 pushed the deceased into a drain and later stabbed on his thigh with a knife and as a result the artery was cut resulting in profuse bleeding and the deceased succumbed to the injuries. When PW-1 ~ another brother of the deceased ~ came to the spot the deceased made oral dying declaration that it was the accused 3 who pushed him into the drain and caused the injuries and he gave a complaint with the local police afterwards. 2. After receiving a complaint from the brother of the deceased, police visited the spot, sent the dead body for...
Tag this Judgment!Md. Sahnur Ali, Assam and Others Vs. The State of Assam
Court: Guwahati
Decided on: Feb-21-2014
(CAV), J. By this petition under sections 482, 401, read with section 397 of the Code of Criminal Procedure, 1973, for short, the Code, the petitioners pray for setting aside and quashing the impugned order dated 30.07.2013 passed by the learned Additional Sessions Judge, Kamrup, Rangia, in Sessions Case No. 38(K)/2002 whereby the learned Court rejected the petition filed by the petitioners under section 311 of the Code. 2. I have heard Mr. R.D. Lal, learned counsel for the petitioners and Mr. K. Munir, learned Additional Public Prosecutor, Assam. 3. From the petition filed by the petitioners, it appears that one Samsul Ali lodged an ejahar stating that on 29.08.1997 at about 9:30 a.m., Md. Sahnur Ali, Faznur Ali, Majnur Ali, Chand Mohammad and some others, by forming an unlawful assembly, attacked Md. Islam Ali, Nilima Bibi, Karim Ali, Ranu Begum, Khabiruddin and some others and inflicted bodily injuries to them, as a result of which Karim Ali succumbed to his injuries. Accordingly, R...
Tag this Judgment!Mayong Hit Sadhani Fishery Samabai Samity Ltd. Vs. The State of Assam
Court: Guwahati
Decided on: Feb-21-2014
1. Heard Mr. A. Sarma, learned counsel for the petitioner and Mr. N. Upadhyay, learned State Counsel. I have also heard Mr. M. Bhuyan, learned counsel representing the respondent No.4. 2. The challenge in the writ petition is the Annexure-V order dated 18.02.2014 passed by the Government of Assam in the Fishery Department under the signature of the Secretary. By the said order, the Fishery, namely, No.21 Nekara Nekeri Fishery of Morigaon district has been settled with the respondent No.4 at its bid value of Rs.6,55,000/- as against the petitioners bid value of Rs.8,81,000/-. According to the petitioner, the impugned order is bad in law inasmuch as the settlement has been made ignoring all other parameters and yardsticks including the bid value and considering the irrelevant only ground of the respondent No.4s society being at a distance of 2.5 KM from the fishery as against the petitioners society being at a distance of 5.9 KM. The petitioner has also challenged the findings recorded i...
Tag this Judgment!Bhumidhar Nath (Accused 1), Darrang (Assam) and Others Vs. State of As ...
Court: Guwahati
Decided on: Feb-21-2014
Sreedhar Rao, J. 1. The material-facts of the prosecution case disclose that one Troilokya Nath alias Tulukan is deceased. He is mater-uncle of the accused-persons. There was a property dispute between them. Earlier to the incident in question, the deceased had assaulted Indra, a family member of the accused-persons. On 21.10.2004 at around 8.30 PM, the accused-persons picked a quarrel and assaulted the deceased. Deceased managed to escape and entered the room of the mother of PW-4, where all the accused-persons came chasing him and the accused 1, 4 and 6 ~ Bhumidhar Nath, Jiten Nath and Pitambar Nath ~ entered the room and dragged him out and assaulted him. The other accused-persons also abated the commission of the offence. As a result the deceased sustained severe injuries and later, on the same day he had been admitted to a hospital where he succumbed to the injuries. 3 2. After receiving a complaint about the incident from Basanta Kumar Nath(PW-2), police visited the spot, sent th...
Tag this Judgment!Bisa Sheikh and Others Vs. The State of Assam
Court: Guwahati
Decided on: Feb-20-2014
(Oral). 1. Heard Mr. S Rahman, learned counsel appearing for the appellants. Also heard Ms. A Begum, learned Additional Public Prosecutor, Assam and perused the records. 2. This appeal is directed against the judgment and order, dated 30.07.2005, passed by the learned Sessions Judge, Kamrup, Guwahati, in Sessions Case No. 116(K)/2003 under Section 304(B) of IPC. By the impugned judgment and order, the learned Sessions Judge convicted the appellants for the offence under Section 304(B) of IPC and sentenced, each of them, to suffer R.I. for 7 years. 3. Aggrieved by the said judgment and order, the convicted persons, as appellants, have come up with this appeal on the grounds that the learned Sessions Judge committed error by failing to properly appreciate the evidence, on record and that the conviction cannot stand due to absence of sufficient corroboration in the evidence, adduced by the prosecution. 4. The prosecution case, in brief, is that the deceased, who was the daughter of P.W.2 ...
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