Guwahati Court March 2014 Judgments
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Dipak Tirky, Assam Vs. The State of Assam
Court: Guwahati
Decided on: Mar-19-2014
(Oral) Katakey, J. 1. This appeal, by the convict, is directed against the judgment of conviction dated 23.07.2009 passed by the learned Sessions Judge, Sonitpur at Tezpur, in Sessions Case No.192/2004, convicting the appellant under Section 302 and 324 IPC and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs.5,000/-, in default, to suffer further rigorous imprisonment for another 6(six) months and also to suffer rigorous imprisonment for 2(two) years, respectively. It has further been directed that the sentences will run concurrently. 2. A criminal investigation was set in motion based on the G.D. entry made on 04.12.2002 (Ext.-7) and also the subsequent FIR (Ext.-1) lodged on 05.12.2002, by Khilandar Barla (PW-1), alleging that on 04.12.2002 at about 7.30 P.M. the appellant and his brother Rajen Tirky had assaulted the first informants wife and his son Ronald Binod Barla (PW-2) resulting in cut injuries, by means of a sharp edge weapon in the hous...
Hem Chandra Chutia Vs. The Assam Cooperative Apex Bank Ltd. Represente ...
Court: Guwahati
Decided on: Mar-19-2014
(Oral). 1. Heard Mr. S. Kataki, the learned counsel appearing for the petitioner. The respondents Assam Cooperative Apex Bank Ltd. (hereinafter referred to as the Apex Bank) and its Managing Director is represented by advocate Mr. PN Goswami. 2. The petitioner is a former employee of the Apex Bank and he challenges the order dated 29.11.1999 (Annexure-VI), whereby he was dismissed from service in pursuant to a disciplinary proceeding. Previously a departmental proceeding was drawn up against the delinquent through the charge memo dated 23.12.1997 (Annexure-I) alleging misconduct and gross irregularities during the delinquents tenure as the Accountant of the Tinsukia Branch of the Apex Bank from 29.12.1993 to 27.07.1996. WP(C) No.542 of 2006 Page 2 of 10 3. The charges in essence alleged that the delinquent committed irregularities in disbursal of Medium Term Loans for vehicle purchase. The statement of allegations being relevant, are extracted hereinbelow for ready reference:- STATEMEN...
Union of India, Represented by the General Manager and Others Vs. Bipr ...
Court: Guwahati
Decided on: Mar-19-2014
A.K. Goswami, J. 1. By filing this application under Article 226 of the Constitution of India, the petitioners, Union of India and Ors., questions the legality and validity of the order dated 11.06.2013 passed by the learned Central Administrative Tribunal, Guwahati Bench in O.A. No. 219/2011. 2. We have heard Mr. U.K. Nair, learned counsel for the petitioners and Mr. M. Chanda, learned counsel for the respondent/applicant. 3. The original application was filed by the respondent/applicant before the learned Tribunal seeking the following reliefs: "(i) Setting aside and quashing of letter No. E/RTI Act 05/Con dated 08.08.2011. (ii) Declaration that selection and promotion of Sri K.C. Agarwal, who was arrayed as respondent No. 7 in the original application, to the post of Assistant Engineer on the basis of panel prepared under L/No. E/254/21/Con Pt-III dated 21.03.1990 is void ab initio. (iii) To promote the applicant to the post of Assistant Engineer, Gr. B during 1988 as per panel reco...
Bal Bahadur Limbu and Others Vs. Ashbel Barloo
Court: Guwahati
Decided on: Mar-18-2014
Heard Ms. S Borah, learned counsel for the petitioners. This is a revision petition filed by the plaintiff under Article 226/227 of the Constitution of India read with Section 115 of the Civil Procedure Code questioning the legality and correctness of the order dated 5.10.2005 passed by the learned Civil Judge (Sr. Division) Golaghat in a pending civil suit being T.S. No. 16/2002. By the impugned order, the learned Civil Judge dismissed the application made by the plaintiff in the said pending suit under Order 16, Rule 1(2) of the Civil Procedure Code which was registered as Petition No. 871/05. At this stage, I am not inclined to apply my mind to the merits and de-merits of the impugned order passed by the learned Civil Judge and grant liberty to the plaintiff to challenge the legality and correctness of this order, if occasion so arises, in a regularly constituted appeal under Section 96 of the Civil Procedure Code against the final judgment and decree that may be passed in the civil...
Amal Bhusan Choudhury Vs. Syndicate Bank
Court: Guwahati
Decided on: Mar-18-2014
Heard Mr NC Das, learned senior counsel for the petitioner and Mr SS Sharma, learned senior counsel for the respondent. This is a revision petition filed by the defendant under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure questioning the legality and correctness of the order dated 2.2.2001 passed by the learned Civil Judge (Sr. Division) Dibrugarh in a pending civil suit being T.S. No. 2/96. By the impugned order, the learned Civil Judge dismissed the application made by the defendant in the said pending suit under Section 45 of the Evidence Act which was registered as Petition No. 3990. At this stage, I am not inclined to apply my mind to the merits and de-merits of the impugned order passed by the learned Civil Judge and grant liberty to the defendant to challenge the legality and correctness of this order, if occasion so arises, in a regularly constituted appeal under Section 96 of the Civil Procedure Code against the final judgment a...
Md. Fazal Ahmed, Assam Vs. Md. Nozmul Islam and Others
Court: Guwahati
Decided on: Mar-18-2014
(Oral). 1. Heard Mr. M.H. Rajborbhuiya, learned counsel along with Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. S.K. Talukdar, learned counsel representing the respondent No.1. I have also heard Mr. B.J. Ghosh, learned State Counsel appearing for the respondent No.2. This writ petition is directed against the order dated 03/03/3014 passed by the learned District Judge, Karimganj, acting as the Election Tribunal in Misc. (Election) Case No. 26/2013. By the said order, accepting the prayer of the election petitioner i.e. the respondent No.1, recounting of votes /ballots which is said to be fixed on day-after-tomorrow (20/03/2014). 2. The matter pertains to election for the post of GP President, namely, No. 84 Malua, Srigouri G.P., for which election was held on 12/02/2013 and the results were declared on 15/02/2013. As against total 1212 votes secured by the petitioner, his nearest rival i.e. the respondent No.1 secured 1210 votes. Thus, there is a difference of...
Md. Rajab Ali and Others Vs. Mustt. Manjula Khatoon, Nagaon
Court: Guwahati
Decided on: Mar-14-2014
(CAV), J. 1. This revision application is filed against the Judgment and Order dated 16.06.2012, passed by the learned Court of Additional Session Judge (F.T.C.), Sankardev Nagar, Hojai in Criminal Appeal No. 14(N)/2011, rejecting the appeal filed by the petitioners and affirming the Judgment and Order dated 03.02.2011, passed by the learned Judicial Magistrate, 1st Class, Sankardev Nagar, Hojai in Misc Case No. 07/2009, arising out of a petition under section 12 of the Protection of Women from Domestic Violence Act, 2005, for short, D.V. Act, filed by the opposite party. 2. The present petition is filed by 3 petitioners, who are, father-in-law and brothers-in-law of the opposite party, respectively. The case of the opposite party, in a nut-shell, as set out in the application under section 12 of D.V. Act, inter-alia, is that the opposite party was married to Md. Nurul Islam on 27.04.2008 by execution of a registered Kabinnama fixing Mahr of Rs.39,000/- and at the time of marriage, val...
Md. Moynul Hoque, Baladmari and Another Vs. The State of Assam
Court: Guwahati
Decided on: Mar-14-2014
(CAV), J. 1. By this application under section 482 of the Code of Criminal Procedure 1973, for short, Cr.P.C., the petitioners seek to challenge the order dated 30.11.2013, passed by the learned Sessions Judge, Kokrajhar whereby charges under Sections 120B/109/34 I.P.C. was framed against the petitioners. 2. The petitioner No. 1 is an advocate practising in Goalpara. The petitioner No. 2 is also an advocate practising in Goalpara and is also a Notary Public. 3. One Samit Ray lodged an ejahar on 07.05.2012 in the Kokrajhar Police Station alleging that on 04.05.2012 at about 8:30 a.m., his minor daughter, Ms. Purnima Ray, aged about 15 years, who was studying in Class IX, when proceeding to her school, was kidnapped by one Sumer Seikh of village Uttar Mokorapara. It was also stated that he had lodged an ejahar on 05.05.2012 in respect of the said kidnapping of his daughter and the subsequent ejahar was filed because he had come to learn about involvement of Md. Sumer Seikh. 4. On recei...
Punal Kumar Das, Barpeta and Others Vs. The State of Assam, Represente ...
Court: Guwahati
Decided on: Mar-14-2014
(CAV), J. 1. The challenge in the writ petition filed by six petitioners is the Annexure-K notification dated 19.09.2013 of the Cotton College State University (respondent No.3), by which on the basis of the purported clarifications given by the University Grants Commission (UGC) vide public notice dated 27.06.2013, has cancelled the admission of the petitioners to the MCA Degree Programme under the University. For a ready reference, the impugned notification is reproduced below:- The University Grants Commission (UGC), vide its public notice no., F.27-1/2012 (CPP-II) dated 27th June, 2013 has clarified that a central or State Government University can conduct courses through its own departments, its constituent colleges and/or through its affiliated Colleges and also a university established or incorporated by or under a State act shall operate only within the territorial jurisdiction allotted to it under its Act and in no case beyond the territory of the State of its location. Beside...
Md. Jainuddin Ali @ Joinuddin Ali @ Joinuddin and Others Vs. The Union ...
Court: Guwahati
Decided on: Mar-13-2014
(Oral). 1. The petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal III, Barpeta, Assam, vide order dated 30/10/2008 in FT Case No. 256 (III)/2012 (Ref. Case No. 69/2004 (State of Assam Vs. Jainuddin Ali), has filed the instant writ petition challenging the said order. 2. As has been claimed in the writ petition, the petitioner No. 1is the grandson of late Faiz @ Foaz Fakir and son of Late Hafejuddin Ali @ Habej @ Habijuddin. It has been stated that his fathers name appeared in the voter list of 1966 and 1970 as Habez Uddin. It has further been stated that the petitioners name also appeared along with his mother and wife in 1989. Referring to the voter list of 1997, 2005 and 2010, the petitioner has contended that his name appeared in the said voters lists. The petitioner has also referred to the Special Family Identity Card stated to be in the name of his father. He has also referred to the certificates issued by the Gaonbura and...
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