Guwahati Court March 2014 Judgments
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Zabeda Khatun Vs. The Union of India and Others
Court: Guwahati
Decided on: Mar-25-2014
1. The petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal III, Barpeta, Assam, vide order dated 31/10/2012 in FT Case No. 78 (III)/2012 (Ref. Case No. 3431/98 (State of Assam Vs. Zabeda Khatun), has filed the instant writ petition challenging the said order. 2. As has been claimed in the writ petition, the petitioners parent, Sattar Bhuyan and Ayoman Nessa were the voters of the particular assembly constituency and their names appeared in the voter lists of 1970 followed by 1997. Before the Tribunal, she had produced the voter lists of 1966, 1970 and 1997. According to the petitioner, her fathers name was incorporated in the voter list of 1966. She has also referred to the certificate of the Gaon Burha certifying her marriage with Tomezuddin Mia, S/o Jalal Uddin. According to the petitioner, her parents names were wrongly shown as Abdul Sattar and Zamela Begum in the voter list of 1997 instead of Sattar Bhuyan and Ayoman Nessa. ...
Rajesh Prasad Gupta, Assam Vs. The State of Assam, Represented by the ...
Court: Guwahati
Decided on: Mar-25-2014
(CAV), J. 1. The petitioner is aggrieved by his removal as the Chairman of Lakhipur Town Committee, Goalpara as per the provisions of Section 28 of the Assam Municipal Act, 1956. Such removal vide Annexure-22 notification dated 03/1/2013 of the Government of Assam in the Urban Development (T) Department under the signature of the Additional Chief Secretary was preceded by the Annexure-20 show cause notice dated 06/09/2013. For a ready reference, the show cause notice and the order of removal, both impugned in the writ petition are reproduced below :- GOVERNMENT OF ASSAM URBAN DEVELOPMENT DEPARTMENT DISPUR :: GUWAHATI-6 No. UDD(T)210/2012/66 Dated Dispur the 6th September, 2013. From : Sri S.K. Das, Under Secretary to the Govt. of Assam, Urban Development Department. To : The Chairman, Lakhipur Town Committee, Goalpara, Assam 783129. Sub: Show cause under the provision of sub-section (3) of section 28 of the Assam Municipal Act, 1956. Ref: Enquiry in connection with Anomalies in Lakhip...
Md. Ajibor Rahman Vs. The Union of India, Represented by the Secretary ...
Court: Guwahati
Decided on: Mar-25-2014
(CAV), J. 1. The petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal, Kamrup (Rural), Assam, vide order dated 25/03/2013 in GFT (R) Case No. 102/2012 corresponding Police Case No. 478/2011 (Union of India Vs. Ajibar Rahman), has filed the instant writ petition challenging the said order. 2. As has been claimed in the writ petition, the petitioner is a citizen of India being a permanent resident of village Goraimari, Bilorjan in the district of Kamrup (R). According to him he was born in the year 1976 in the said village, however, he was also tdemporarily residing in a rented house of one Md. Azizur Rahman at Momaikatagarh (Changsari) under Kamalpur Police Station. He has projected his grandfather as Falu Sheikh whose name appeared in the NRC of 1966. The petitioner has also claimed that his parents names (Mozibor Rahman and Hazera Khatun) appeared in the voters list of 1977. He has also referred to the 1997 voters list incorpora...
Kanak Boro, Assam Vs. The State of Assam
Court: Guwahati
Decided on: Mar-24-2014
Katakey, J. 1. This appeal, by the convict, is directed against the judgment of conviction dated 09.02.2011 passed by the learned Addl. Sessions Judge (FTC) No.1, Kamrup at Guwahati, in Sessions Case No.161(K)/2004, convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for a period of 1(one) year. 2. The prosecution story in brief is that on 14.08.2000 at about 12.30 P.M. accused Kanak Boro being armed with deadly weapon, like dagger, entered into the courtyard of the informant, namely, Mukuta Boro (not examined) and assaulted his father Golok Boro resulting in his death on the spot. A G.D. entry was also made based on the information furnished by one Ranjit Boro (who has not been examined). A written F.I.R. was thereafter lodged by Mukuta Boro (not examined) on 14.08.2000 with the Officer-in-Charge of Hajo Police Station, based on which Hajo P.S. Case No.1...
Cachar Paper Project Workers Union, (INTUC), Represented by the Genera ...
Court: Guwahati
Decided on: Mar-24-2014
(Oral). 1. Heard Mr. N. Dhar, the learned counsel appearing for the Cachar Paper Project workers union (hereinafter referred to as the Union), who are espousing the interest of the workmen of the Cachar Paper Mill at Panchgram in Hailakandi district. The Management of the Hindustan Paper Corporation Ltd. (hereinafter referred to as the HPCL) is represented by the learned advocate Mr. J. Roy. 2. The Union challenges the order dated 22.02.2007 (Annexure-9) in Reference Case No.15/1999, whereby the learned Industrial Tribunal, Silchar declined to answer the reference on merit and the Union was directed to approach the competent forum if so advised. The issue before the Tribunal was whether the Management is justified in changing the Medical Expenses Reimbursement Rules for domiciliary treatment as amended through the Circular No.6/1997 of 20.01.1997. 3. Previously under the Hindustan Paper Corporation Ltd. Employees (Medical Attendance) Rules, 1970 (hereinafter referred to as the 1970 Rul...
Purana Sonai/Sola, Garanga/Sukhraj Meen Samabai Samittee Limited Vs. T ...
Court: Guwahati
Decided on: Mar-20-2014
(Oral). 1. The challenge in this writ petition is the Annexure-H order dated 04/03/2014 of the Government of Assam in the Fishery Department, issued under the signature of the Deputy Secretary. By the said order, the Fishery in question (165/166/167/168 Purana Sonai/Sola, Garanga/Sukhraj) Group Fisheries of Morigaon District has been settled with the respondent No. 4 at its bid value of Rs. 3,51,001/-. Earlier the fishery was settled with the petitioner vide order dated 02/04/2013, challenging which the present respondent No. 4 had approached this Court by filing WP(C) No. 2852/2013. In the writ petition, amongst others, following wee the grounds urged :- 1. As per the requirement of the NIT dated 22.11.2012, the tender document must accompany PAN card but the tender submitted by the respondent No. 4 did not accompany the PAN card. 2. The respondent No. 4 being not a Society consisting of 100% actual fisherman, the settlement could not have been made in its favour. 3. The President of ...
In Re: The Commissioner and Secretary, Assam
Court: Guwahati
Decided on: Mar-20-2014
A.M. Sapre, CJ. 1. This Public Interest Litigation (PIL) was registered pursuant to the observations made by the learned Single Judge (as his Lordship then was) in the order dated 18.6.2007 passed in W.P(C) No 2560 of 2007. It reads as under: On the above facts the Court is of the view that a separate and suo motu writ petition should be registered on the basis of the facts noticed above. The Education and the Finance Departments will be parties to the writ petition. They will file their responses in the matter within a period of 4(four) weeks from today. Thereafter, orders as may be considered appropriate will be passed. The suo motu action ordered to be registered by the present order will be separated from W.P.(C) No.2560/2007, which will be dealt with by the Court separately. Consequently, WP(C) No.2526/2007 will be listed in the next week and the same would no longer be treated as a part heard matter. Office is to be act accordingly. The background facts need mention infra to appr...
Yarringchan Angkang Vs. The State of Nagaland and Others
Court: Guwahati
Decided on: Mar-19-2014
1. Heard Mr. P. Plus Lotha, learned counsel for the petitioner. Also heard Mr. K. Wotsa, learned Government Advocate appearing for the State respondent Nos. 1 to 5. None appears for the respondent No.6 (Union of India). 2. In this proceeding, the petitioner has questioned the detention order dated 15-11-2013 under which one Awom Angkang, herein referred to as detenu, stood detained under the National Security Act, 1980, in short, the Act of 1980, and all other subsequent orders including the confirmation order dated 20-11-2013, whereby, the detenu was ordered to be detained for a period of 1 year from the date of detention. 3. Being aggrieved, the petitioner, who is the daughter of the detenu, had approached this Court seeking the quashment of the aforesaid order. 4. The facts which are narrated in the FIR dated 11-11-2013 and which ultimately gave rise to the present proceeding. In short, are that on 11-11-2013, 29th Assam Rifles along with the personnel from Dimapur Police Station co...
Michi Tayang Vs. Dulley Tajo
Court: Guwahati
Decided on: Mar-19-2014
1. Heard Mr. S. Koyang, learned counsel for the revision petitioner and also heard Mr. K. Tama, learned counsel appearing on behalf of the sole respondent. 2. Aggrieved by the judgment and order dated 01-05-2012, passed by the learned District and Session Judge, West Sessions Division Yupia, Arunachal Pradesh in Title Suit No. 60 of 2011 (YP), the petitioner has preferred this revision petition. The suit filed by the petitioner was dismissed on preliminary issues. 3. The petitioner as plaintiff filed the suit representing his clan Michi Ati Uru praying for declaration of right, title and interest of his clan over the plot of land called Lengkhu. The plaintiff claimed the suit land is their ancestral property of their clan and the defendants clan namely, Ato Millo Uru of Michi Village represented by defendant had encroached the said land. While the dispute was going on between the two clans, the family members of the petitioner were summoned by one Shri Bamin Siri, Zila Parishad member ...
Nur Mohammad, Assam Vs. The State of Assam
Court: Guwahati
Decided on: Mar-19-2014
(Oral). 1. This revision application is directed against the judgment dated 15.3.2005 passed by the learned Sessions Judge, Morigaon in Criminal Appeal No. 7 of 2005 whereby the learned Sessions Judge has affirmed the conviction of the petitioner under Section 411 of the Indian Penal Code. By the impugned judgment the appellate court has sentenced the petitioner to undergo one year Rigorous Imprisonment for the said offence. Being aggrieved with the concurrent findings the accused has preferred this revision application under Section 397/401 r/w Section 482 of the Criminal Procedure Code. 2. Heard Mr. A Sharif, learned counsel for the petitioner and Mr. BJ Dutta, learned Addl. PP, Assam. I have also gone through the impugned judgment and prosecution evidence. 3. The gist of the prosecution case is that 4 (four) numbers of bullocks and cows were allegedly stolen from the cowshed of PW 3/informant in the night of 27.7.1996 and on the very next morning the stolen cows were recovered from ...
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