Guwahati Court March 2014 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Deepak Karmakar Vs. The State of Assam
Court: Guwahati
Decided on: Mar-13-2014
Katakey, J. 1. This appeal, by the convict, is directed against the judgment of conviction dated 10th July, 2012 passed by the learned Sessions Judge, Golaghat, in Sessions Case No.60/2010, convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs.1000/- (Rupees One Thousand), in default, to undergo simple imprisonment for 3(three) months. 2. A criminal investigation was set in motion on lodging of a First Information Report (FIR) by Smti. Rimpi Karmakar (PW-2), the mother of the deceased and the wife of the accused/appellant, on 20th March, 2010, with the Officer-in-Charge of Kamarbandha Police Station, alleging that at about 10:00 PM on the previous night, i.e. on the night of 19th March, 2010, her husband Deepak Karmakar (the appellant) gave blow to her daughter Jaya Karmakar and pressed her neck and thereafter, pour kerosene oil on her person and set her on fire. 3. Based on the said FIR lodged, Golaghat Police...
Raju Jyrwa Vs. The Union of India and Others
Court: Guwahati
Decided on: Mar-13-2014
1. Heard Mr. A. Sarma, the learned Counsel appearing for the petitioner. The respondents 2 to 7 are represented by Mr. P. K. Roy, the Standing Counsel for the Food Corporation of India (FCI). 2. The petitioner responded to the tender notice dated 21.6.2007 (Annexure-1) of the FCI for the carriage contract at item No.2 wherein the technical bids were scheduled to be opened on 18.7.2007. But after the technical bids were opened on the scheduled date, the validity of the tender period was extended by the FCI for 30 days i.e. until 2.10.2007. Before the price bids could be opened, the petitioner through the letter dated 6.8.2007 (Annexure-3), wrote for withdrawal of his tender by citing the credit difficulties with his bank and he requested for withdrawal of his earnest money before disclosure of the financial bids of the eligible tenderers. 3. But through the impugned letter dated 5.9.2007 (Annexure-5) the tenderer was considered to have resiled from the contract and construing it to be a...
Taniang Kipa, Resident of Karsingsa Village, Arunachal Pradesh Vs. The ...
Court: Guwahati
Decided on: Mar-12-2014
A.M. Sapre, CJ. This is a petition filed by one Shri Taniang Kipa claiming to be the resident of Karsingsa village District Papum Pare, Arunachal Pradesh under Article 226/227 of the Constitution of India seeking to invoke the extraordinary jurisdiction of this court relating to PIL (Public Interest Litigation) against the State and its authorities in relation to the subject matter of the writ petition. In substance, the grievance of the writ petitioner is against the decision of the State in shifting of site for construction of Airport project known as Greenfield Airport Project from a site/place called Karsingsa/Banderdewa at Itanagar to another place called Hollongi. According to the petitioner, firstly: the decision having rightly been taken by the State in the first instance to set up an Airport at a place Karsingsa/Banderdewa, there was neither any need nor an occasion for shifting the Airport site to other place at Hollongi thereby changing the earlier decision, secondly: the de...
Oriental Insurance Co. Ltd, New Delhi Vs. M/s. Silk Point, A Proprieto ...
Court: Guwahati
Decided on: Mar-12-2014
A.M. Sapre, CJ. This is an intra-court appeal filed by the respondent No.1 of WP(C) No.1952/2009 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 31.08.2012 passed by the Single Judge in abovementioned writ petition. By the impugned order, the learned Single Judge allowed the writ petition filed by the respondent No.1 herein and issued a writ of certiorari and mandamus against the appellant (respondent No.1 of writ petition) which reads as under: No other issue survives for consideration. For the aforementioned reasons, this writ petition is allowed. The impugned letters dated 9-2-2009 (Annexure-IX) and 20-2-2009 (Annexure-XIII) issued by the respondents No.2 are hereby quashed. Consequently, the respondents No.1 and 2 are directed to entertain the claim of the petitioner in respect of the Insurance Policy No.321100/48/2009/836 and settle the same in accordance with law. No costs. So the short question, which arises for consideration in this intra ...
Z.R. Remtluanga Vs. The State of Mizoram and Others
Court: Guwahati
Decided on: Mar-12-2014
1. Heard Mr. P.C. Prusty, learned counsel appearing for the petitioner as well as Mr. A. K. Rokhum, learned Addl. A.G., Mizoram for the State respondents. 2. The petitioner was appointed as Constable by order dated 14.11.2000 and was confirmed in the said post by order dated 24.4.2003 w.e.f. 1.12.2002. While the petitioner was serving as Constable, he started suffering from pain and had to undergo treatment in the month of July, 2006. As there was aggravation with his pain despite taking treatment, he proceeded for further treatment by a doctor at Aizawl. The doctor treating the petitioner suspected Sciatica (early stage) and was advised for a revisit again on 4.8.2006. The petitioner, therefore, verbally applied for leave to visit his physician at Aizawl but the same was not granted and petitioner was instead directed to proceed to Vairengte to join training at CIJW and he accordingly moved on 4.8.2006. During the training petitioners health deteriorated and he was unable to attend fu...
Gail (India) Ltd Vs. The State of Assam and Others
Court: Guwahati
Decided on: Mar-12-2014
Heard Mr. K. Choudhury, learned counsel for the petitioner and Mr. R. Dubey, learned Standing Counsel, Finance and Taxation, appearing for the respondents. Even according to the writ petitioner, the order sought to be impugned in this writ petition i.e. order dated 12th September, 2011 passed by Additional Commissioner of Taxes, Assam (Annexure-11) is appealable under Section 80 of Assam Value Added Tax Act, 2003 before the Assam Board of Revenue. In a situation like the one where the petitioner has a statutory right of appeal under the Act, we are afraid, we can entertain the writ petition under Article 226/227 of the Constitution of India to examine the legality and correctness of the said order. The normal and ordinary remedy of the petitioner in such case is to take recourse to filing of the statutory appeal which is always considered as an alternative and effective remedy in law. It is only when the statutory remedies available to the petitioner are exhausted, the petitioner becom...
Cachar Paper Mill Officers and Supervisors Association and Another Vs. ...
Court: Guwahati
Decided on: Mar-12-2014
A.M. Sapre, CJ. 1. Heard Mr. D. Mazumdar, learned for the petitioner and Mr. J. Roy, learned counsel appearing for the respondents on advance notice. 2. This contempt petition is 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 by the petitioner of Writ Appeal No.151 of 2009 decided by the Division Bench on 21.02.2013. 3. By the order under consideration out of which this contempt petition arises, the Division Bench of this Court allowed the writ appeal with the direction to the respondent Corporation to pass appropriate order to remove the anomaly determining the pay of employees in the higher cadre at least one rupee higher than the pay scale of its employees in the feeder cadre. 4. The operative part of the order dated 21.02.2013 rendered in the connected Writ Appeal No.151 of 2009 reads as follows: Learned counsel for the Union of India submi...
Mukunda Kumar Roy and Others Vs. The State of Assam, Represented by th ...
Court: Guwahati
Decided on: Mar-11-2014
1. Heard Mr. G. Uzir, the learned counsel appearing for the petitioners. The respondents are represented by Mr. KN Choudhury, the learned Addl. Advocate General, Assam. 2. The petitioners herein are working as Receptionists under the Directorate of Tourism, Assam. They are former militants and under rehabilitation scheme of the Government, they were appointed in Govt. jobs. But since the post of Receptionist is not en-cadred in the Assam Tourism Service Rules, 1992 (hereinafter referred to as the Service Rules), the petitioners are serving since last 20 years without the benefit of promotion. 3. Representing the petitioners, Mr. G. Uzir, the learned counsel submits that the post of Receptionist should be en-cadred under the Service Rules to enable them to get promotion to the post of Assistant Tourist Information Officer (hereinafter referred to as the ATIO) and at least 50% of the post in the higher cadre should be earmarked for promotion from the en-cadred Receptionists. This justifi...
Wahedur Rahman and Others Vs. The State of Assam represented by the Se ...
Court: Guwahati
Decided on: Mar-11-2014
Oral: 1. All the writ petitions raising the same issue and pertaining to District Regulated Market Committee have been heard together and are being disposed of by this common judgement and order. WP(C) 782/2014 2. The petitioner is an elected member (Agriculturist) of Dhuburi District Regulated Market Committee, Gauripur. The prayer in the writ petition is to allow the existing market committee to render its functions and duties till a new committee is constituted by holding election. WP(C) 785/2014 3. The petitioner is the Chairman of Lanka Regulated Market Committee. The prayer in the writ petition is to allow him to continue as the Chairman till declaration of the results of the election. However, because of the interim orders operating in WP(C) No. 6504/2013, the results could not be declared. The said writ petition has been disposed of today by vacating the interim order and directing the respondents to declare the results of the election. The petitioner has also challenged the no...
Shilpi Acharjee Vs. The Union of India, through the Secretary to the G ...
Court: Guwahati
Decided on: Mar-11-2014
(Oral) (Katakey, J.) This is another instance of an unfortunate death of a young boy, aged about 28 years, because of the torture while in custody of the Indian Army. 2. The undisputed fact, as it appears from the pleadings in the writ petition as well as in the affidavits filed by the Indian Army as well as the State Government, are that the petitioners husband was apprehended by the 94 Field Regiment of Indian Army on 31.05.2004 at about 2300 hours, who was in custody of the Army up to 1745 hours of 01.06.2004. 3. The petitioner alleges that while her husband Biswajit Acharjee was in Army custody, he was tortured, as a result of which received both external and internal injuries, for which after his release, though he was admitted in Lumding Railway Hospital, he eventually died on 02.06.2004. The petitioner has also contended that the Indian Army, by exerting pressure has extracted a writing from Ashok Roy, a relative of Biswajit Acharjee, that he was found to be healthy and not subj...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- Next ›
- Last »