Guwahati Court April 2014 Judgments
Poresh Bora @ Chutia Vs. The State of Assamresh Bora @ Chutia
Court: Guwahati
Decided on: Apr-30-2014
(Oral). (Katakey, J.) 1. This appeal is directed against the judgment of conviction dated 17.08.2012 recorded by the learned Sessions Judge, Sivasagar, in Sessions Case No.57(S-S)/2011, convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for a further period of 6(six) months.Crl.A.(J) 118/2012 Page 2 of 7 2. A criminal investigation was set in motion on lodging of the first information report by Sri Dipak Chutia (PW-6), brother of the appellant, on 20.01.2011 alleging that in that morning his elder brother Poresh Bora @ Chutia killed his mother Kalpana Bora @ Chutia. Based on the said first information report filed, Amguri P.S. Case No.22/2011 under Section 302 IPC was registered. The police during investigation recorded the statement of the persons acquainted with the facts and circumstances of the case under Section 161 Cr.P.C., cause conduct of the inq...
Tag this Judgment!Ranjan Borah Vs. Nathmal Tibrewala
Court: Guwahati
Decided on: Apr-28-2014
(CAV), J. 1. By this criminal revision, filed under Sections 397/401/482 of the Code of Criminal Procedure (for short, CRPC), the petitioner has challenged the judgment and order, dated 25.06.2013, passed by the learned Sessions Judge, Sonitpur, in Criminal Revision No. 44(S-3) of 2012, filed by the respondent. 2. The respondent, as complainant, filed a complaint case being C.R. Case No. 765/2006, under Sections 420/406/34 IPC, against the petitioner and Smti Anamika Baruah. 3. The complainants case, may, in brief, be stated as follows: Smti Anamika Baruah, one of the accused person (s), proposed to sale a plot of her land in favour of the complainant and his witness No. 1, who agreed to purchase the land at Rs.20,00,000/- (Rupees Twenty Lakhs). Accordingly, an agreement was executed between the said parties and the petitioner also signed the same as witness. The said vendor received an amount of Rupees eight lakh on 17.05.2006 i.e. in the date of agreement itself. As per agreement, th...
Tag this Judgment!Md. Abul Kasem and Others Vs. The State of Assam
Court: Guwahati
Decided on: Apr-25-2014
(Oral) Katakey, J. 1. These three appeals being against the common judgment and order dated 30.09.2011 passed by the learned Sessions Judge, Morigaon, in Sessions Case No.107/2006, are taken up together for hearing and disposal, as agreed to by the learned counsel appearing for the parties. By the aforesaid judgment and order the learned Sessions Judge, Morigaon, has convicted all the appellants, namely, Md. Abul Kasem, Nuruddin (appellants in Crl.A. No.180/2011), Hussain Ali (appellant in Crl.A. No.217/2011) and Abdul Jabbar (appellant in Crl.A.(J) No.115/2011) under Section 364A IPC and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-; under Section 120B IPC and to undergo rigorous imprisonment for 5(five) years; under Section 121A IPC and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for 1(one) year; under Section 25(i)(a) of the Arms Act and to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs.2...
Tag this Judgment!Wahida Begum and Another Vs. Md. Majid and Others
Court: Guwahati
Decided on: Apr-25-2014
This is a civil revision filed by the applicant/petitioner under Section 115 of the Constitution of India against the order 9.3.2011 passed by District Judge, Tinsukia in Misc.(S.C.) Case No.28/201. By impugned order, the learned District Judge dismissed the petitioners petition filed under Section 371/372 of the Indian Succession Act ( for short hereinafter called The Act ) on the first date of hearing summarily without issuing any notice to the non-applicants/respondents. So the short question which arises for consideration in this civil revision is whether learned District Judge was justified in dismissing the petitioners petition filed under Section 371/372 of the Act. Facts of the case lie in a narrow compass. One Md Isa a Muslim by cast and resident of Teen Sukhia died on 11.1.2010. According to the petitioner no.1, she is deceaseds widow and whereas the petitioner no 2 is the minor daughter born out of their wedlock. The deceased also has another widow- Nasreen Fatma and five ...
Tag this Judgment!Motin Vs. State of Assam and Others
Court: Guwahati
Decided on: Apr-25-2014
A.M. Sapre, CJ. This is an intra-court appeal filed by the Respondent No.5 of WP(C) No.6393 of 2013 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 10.03.2014 passed by the Single Judge in abovementioned writ petition. By impugned order, the writ court allowed the writ petition filed by the writ petitioner (respondent no. 5) in part and accordingly directed the State and their concern authorities to re-consider the case of the writ petitioner in relation to his tender, which he had submitted along with appellant for undertaking ferry services in one river. So the short question which arises for consideration in this writ appeal is whether learned Single judge was justified in allowing the writ petition and further justified in issuing the impugned directions to reconsider his tender. Mere perusal of the order would go to show that the dispute between the parties relates to acceptance of appellants tender and rejection of respondent no. 5s tender. ...
Tag this Judgment!Biswanath District Jamiyat Ullema Hind and Another Vs. The State of As ...
Court: Guwahati
Decided on: Apr-23-2014
A.M. Sapre, CJ. This writ petition (PIL) is filed by one Socio-Religious apolitical organization through their president Mr. Md Ahmad Ali having their area of operation in Biswanath Charily, and sonitpur district in State of Assam. It is filed under Article 226/227 of the Constitution of India for invocation of extra ordinary jurisdiction in the field of what is called - Public Interest Litigation (PIL) for claiming following relief in relation to the subject matter of the writ petition (PIL) It is therefore humbly prayed that Your Lordships may be graciously pleased to admit this Application, call for record, Issue Rule, Calling Upon the respondents to show cause as to why Orders or Directions shall not be issued and upon hearing the parties on the cause/causes that may be shown and on perusal of records, be pleased to make the Rule absolute by granting to the petitioner to following relief/reliefs: Issue a Writ in the nature of Mandamus and/or any other appropriate Writ, Direction o...
Tag this Judgment!Biswanath District Jamiyat Ullema Hind and Another Vs. The State of As ...
Court: Guwahati
Decided on: Apr-23-2014
A.M. Sapre, CJ. This writ petition (PIL) is filed by one Socio-Religious apolitical organization through their president Mr. Md Ahmad Ali having their area of operation in Biswanath Charily, and sonitpur district in State of Assam. It is filed under Article 226/227 of the Constitution of India for invocation of extra ordinary jurisdiction in the field of what is called - Public Interest Litigation (PIL) for claiming following relief in relation to the subject matter of the writ petition (PIL) It is therefore humbly prayed that Your Lordships may be graciously pleased to admit this Application, call for record, Issue Rule, Calling Upon the respondents to show cause as to why Orders or Directions shall not be issued and upon hearing the parties on the cause/causes that may be shown and on perusal of records, be pleased to make the Rule absolute by granting to the petitioner to following relief/reliefs: Issue a Writ in the nature of Mandamus and/or any other appropriate Writ, Direction o...
Tag this Judgment!Arjun Kumar Vs. The State of Assam
Court: Guwahati
Decided on: Apr-22-2014
(Oral) Katakey, J. 1. This appeal is directed against the judgment of conviction dated 19.08.2011 passed by the learned Sessions Judge, Jorhat, in Sessions Case No.124(JJ)/2008, whereby and whereunder the learned Sessions Judge has convicted the accused appellant under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a further period of 2(two) months. 2. On the basis of the G.D. Entry No.404, dated 26.06.2008, recorded by the Officer-in-Charge of Rowriah Police Out Post under Jorhat Police Station, based on the information furnished by the Wing Commander of Air Force Hospital about the death of the wife of the accused appellant due to the burn injuries sustained by her, the investigating agency started the investigation. Subsequently a written first information report was also filed by Sri Binud Borah (PW-1), on 27.06.2008 at about 7.30 P.M. alleging that on 25.06.2008 the acc...
Tag this Judgment!Md. Ataur Rehman Mazarbhuiya @Atabur Vs. The State of Assam
Court: Guwahati
Decided on: Apr-22-2014
(Oral) Katakey, J. 1. This appeal is directed against the judgment of conviction dated 29.11.2010 passed by the learned Sessions Judge, Hailakandi, in Sessions Case No.21/2008, convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default, to suffer simple imprisonment for further period of 2(two) months. 2. Based on the G.D. Entry No.636, dated 21.02.2008, made by Sri Ajit Chakraborty (PW-8), Officer-in-Charge of Lala Police Station, the police started investigation into the killing of the appellants wife Meherun Nessa and visited the place of occurrence, where a written FIR was filed by Zakir Hussain Borbhuiya (PW-3) on 21.02.2008 alleging that Mehrun Nessa has been found dead in her house and as the appellant was found to be absent, the people of the locality suspect him to be the killer. Lala Police Station Case No.80/2008 has then been registered under Section 302 IPC on the basis of the said...
Tag this Judgment!Harendra Ojha and Another Vs. Suresh Choudhury, Tinsukia and Others
Court: Guwahati
Decided on: Apr-11-2014
(CAV), J. 1. The order, dated 11.02.2013, passed by the learned Munsiff, Margherita in Title Suit No. 17/2007 is in challenged in Civil Revision Petition No. 150/2013 aforesaid and the order, dated 11.02.2013, passed by the learned Munsiff, Margherita in Misc (J) Case No. 12/2010 (in TS No. 16/2007) is in challenged in Civil Revision Petition No. 159/2013. 2. By both the impugned orders aforesaid, the learned Munsiff refused to accept the counter claims filed by the respective defendants (present petitioners), in the said title suits. 3. I have heard Mr. G.N. Sahewalla, learned senior counsel, assisted by Md. Aslam, learned counsel, appearing for the petitioners/ defendants in both the revision petiutions. Also heard Mr. G.P. Bhowmik, learned counsel, appearing for the respondents/ plaintiffs in both the cases. 4. By the impugned orders, aforesaid, the learned Munsiff, Margherita rejected the prayers, made by the petitioners for accepting their counter claims in T.S. No. 16/2007 (Misc....
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