Guwahati Court May 2014 Judgments
Harakanta Boro Vs. The State of Assam
Court: Guwahati
Decided on: May-29-2014
(Oral). B.K. Sharma, J 1. Boko P.S Case No.21/1997 was registered u/s 346 IPC on the basis of the FIR that was lodged by the PW-1 to the effect that since August, 1996 her son i.e. the deceased was untraceable. It was stated in the FIR that the accused/appellant along with one Saraswati Bibi had confined the deceased as per the information gathered from the persons indicated in the FIR. The FIR was lodged on 11.02.1997, which was nearly six months after the deceased became untraceable. 2. After lodging of the FIR and during investigation, the purported dead body of the deceased was recovered from a jungle where the body was buried. In fact a skeleton was recovered. The skull was sent for Forensic Science Laboratory examination and the prosecution relied upon the report furnished by the Forensic Science Laboratory authority. As per the said report, the skull was that of the deceased. 3. Charge against the accused/appellant along with Saraswati Bibi having been framed u/s 302/201 IPC, th...
Tag this Judgment!Oil Man Management Drilling Workersâ Union Dibrugarh Vs. The Mana ...
Court: Guwahati
Decided on: May-29-2014
(Oral). 1. Heard Mr. A Dasgupta, learned counsel for the petitioner Union. Also heard Mr. SN Sarma, learned Senior Counsel appearing for respondent No. 1. There is no representation on behalf of the other respondents. 2. This writ petition is directed against the award dated 26.09.2005 passed by the learned Presiding Officer, Central Government Industrial Tribunal, Guwahati in reference Case No. 15 C of 1999, which was published on 08.12.2005. 3. The Central Government , in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section 2(A) of Section of the Section 10 of the Industrial Disputes Act, 1947, for short, the I.D. Act, vide order dated 08.06.1999, referred an industrial dispute between the employers in relation to the management of the Group General Manager, Oil India Ltd., M/S Deltech (India) Pvt. Ltd and their workmen in respect of the matters specified in the Schedule to the said order. 4. The Schedule reads as under: Whether the claim of the union (Co...
Tag this Judgment!Zakir Ahmed Choudhury Vs. The State of Assam and Others
Court: Guwahati
Decided on: May-27-2014
A.M. Sapre, CJ. This is an intra-court appeal filed by the writ petitioner of WP(C) No.1580/2011 and Criminal Petition No.210/2011 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 21.03.2013 passed by the Single Judge in abovementioned writ petition. By impugned order, the learned Single Judge disposed of two cases namely WP(C) No.1580/2011 and Criminal Petition No.210/2011 and while allowing in part criminal petition no 210/2011 and quashing the FIR impugned in this petition dismissed the WP(C) No. 1580/2011 filed by the appellant herein. So the question, which arises for consideration in this appeal is whether learned Single judge was justified in allowing in part the criminal petition no 210/2011 and in consequence was justified in dismissing the appellants writ petition. Facts of the case lie in a narrow compass. The dispute in this appeal centers around officials of a State Government undertaking - Assam Power Distribution Company Ltd (for sho...
Tag this Judgment!Md. Haji Samsul Hoque Talukdar @ Pakhi Mia @ Munna Bhai Vs. The Union ...
Court: Guwahati
Decided on: May-27-2014
(CAV). 1. What procedure to be adopted by the learned Sessions courts for conducting trial of cases registered on the basis of complaints lodged by the Customs and Revenue Departments under NDPS Act i.e., cases instituted otherwise than on police report. 2. The aforesaid legal issue cropped-up while hearing the instant bail application, filed under Section 439 of the Criminal Procedure Code, 1973 by one of the accused seeking regular bail in connection with Sessions (Special) Case No. 208(K) of 2004, pending before the learned Sessions Judge, Kamrup (M), Guwahati, arising out of DRI Case No. 1 of 2004 under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short NDPS Act). During the course of hearing the learned counsel for the accused pointed out that the accused is in judicial custody since last more than 5(five) years. When it came to light of the court that the case is pending for disposal since last one decade the court became inquisitive to a...
Tag this Judgment!Somen Patgiri Vs. The State of Assam
Court: Guwahati
Decided on: May-27-2014
(Oral). 1. This appeal from jail is directed against the judgment of conviction dated 13.12.2013, passed by the learned Sessions Judge, Barpeta in Sessions Case No.110.2009, convicting the accused/appellant u/s 304(B) of the IPC and sentenced him to undergo imprisonment for life. 2. Barpeta Road P.S Case No.166/2005 was registered u/s 304(B) of the IPC on the basis of the FIR that was lodged on 18.08.2005 by the PW-1. As alleged in the FIR, the accused/appellant had killed the deceased (wife) and her baby in a planned manner setting them at fire after pouring kerosene on her bed. The FIR also alleged the torture on the deceased on demand of dowry. The police carried out investigation and in due course submitted charge-sheet. 3. The accused/appellant having been charge sheeted, he was sent for trial. During trial, the prosecution examined 14 witnesses. The accused/appellant was also examined u/s 313 Cr.P.C. On the basis of the evidence on record, the learned trial Court having found the...
Tag this Judgment!H. Lalropianga and Others Vs. Mizoram University and Others
Court: Guwahati
Decided on: May-23-2014
1. The respondents i.e. Mizoram University advertised for filling up of 13 posts of Lower Division Clerks by Employment Notice dated 21st December, 2012 amongst other posts. Pursuant to the Employment Notice, the petitioners applied for the post of LDCs and they were provisionally admitted to the written examination. The written examination for the post of Lower Division Clerk was held on 11.5.2013 and by Notification dated 29.5.2013 the respondents declared 163 candidates to have qualified for the Typing Test and Computer Proficiency Test. Amongst the 163 candidates, the names of the petitioners figured therein. The Typing Test and Computer Proficiency Test was conducted by the respondents on 4.6.2013 and by Notification dated 6.6.2013 declared 46 candidates to have qualified for Personal Interview for the vacant post in Mizoram University. Amongst the 46 candidates, the names of the petitioners were also shown to have qualified for the said Personal Interview to the post of Lower Div...
Tag this Judgment!H. Lalropianga and Others Vs. Mizoram University and Others
Court: Guwahati
Decided on: May-23-2014
1. The respondents i.e. Mizoram University advertised for filling up of 13 posts of Lower Division Clerks by Employment Notice dated 21st December, 2012 amongst other posts. Pursuant to the Employment Notice, the petitioners applied for the post of LDCs and they were provisionally admitted to the written examination. The written examination for the post of Lower Division Clerk was held on 11.5.2013 and by Notification dated 29.5.2013 the respondents declared 163 candidates to have qualified for the Typing Test and Computer Proficiency Test. Amongst the 163 candidates, the names of the petitioners figured therein. The Typing Test and Computer Proficiency Test was conducted by the respondents on 4.6.2013 and by Notification dated 6.6.2013 declared 46 candidates to have qualified for Personal Interview for the vacant post in Mizoram University. Amongst the 46 candidates, the names of the petitioners were also shown to have qualified for the said Personal Interview to the post of Lower Div...
Tag this Judgment!Md. Saidul Islam and Another Vs. The State of Assam
Court: Guwahati
Decided on: May-23-2014
(Oral) Katakey, J. 1. This appeal by two convicts is directed against the judgment of conviction dated 29.03.2010 passed by the learned Sessions Judge, Bongaigaon, in Sessions Case No.31(M)/2005, convicting them under Section 302/34 IPC and sentencing to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/- each, in default, to undergo further rigorous imprisonment for 1(one) month each, while acquitting the other accused, namely, Kohinur Khatun, Bahatun Begum, Ismail Hussain and Mohar Ali from the charges framed under Section 302/34 IPC. 2. A criminal investigation was set in motion on lodging of the first information report (FIR) by Sahar Ali (PW-7), with the Officer-in-Charge of Manikpur Police Station on 17.08.2001 alleging that on that date at about 6 P.M. while the informants younger brother Md. Iman Ali was coming from Nangla Market, his father-in-law, brothers-in-law and sisters-in-law confronted him on the road near his father-in-laws house at Bashbari No.4 and...
Tag this Judgment!Zabedur Rahman, Assam Vs. The State of Assam, Represented by the Commi ...
Court: Guwahati
Decided on: May-22-2014
(Oral). 1. Both the writ petitions by and between the same parties and raising the same issue have been heard analogously and are being disposed of by this common judgment and order. 2. The petitioner involved in WP(C) No.1772/2014 (Zabedur Rahman) has questioned the Annexure-9 order dated 04.10.2013 of the Director of Secondary Education, Assam, by which he has withdrawn the Annexure-7 order dated 17.08.2013, in which the petitioner was shown as Assistant Teacher with the date of joining as 09.06.1997. The said order relates to Provincialisation of services of the incumbents named therein including the petitioner w.e.f. 01.01.2013. 3. In the 2nd writ petition i.e. WP(C) No. 4950/2013 filed by one Md. Nurul Islam, the challenge is the aforesaid Annexure-7 order dated 17.08.2013, by which the services of the other writ petitioner namely, Zabedur Rahman has been provincialised. 4. The impugned order involved in the writ petition filed by Zabedur Rahman is the outcome of the interim order...
Tag this Judgment!Rahmat Ali, Assam and Others Vs. The State of Assam
Court: Guwahati
Decided on: May-22-2014
(Oral) (Katakey, J). 1. These appeals are directed against the judgment, dated 10-02-2011, passed by the learned Additional Sessions Judge (FTC), Cachar at Silchar, in Sessions Case No. 118 of 2009, convicting Rahmat Ali and Hiramoni Mazumdar, appellants in Criminal Appeal No. 60 of 2011, under Section 323/34 and 324/34 IPC and Page 2 of 14 Criminal Appeal Nos. 60/11 and 62/11 sentencing them to undergo rigorous imprisonment for 2 (two) years each and to pay fine of Rs. 2,000/- each, in default of payment of fine, to suffer rigorous imprisonment for a further period of 2 (two) months each, for the offence punishable under Section 324/34 IPC; and to undergo simple imprisonment for 3 (three) months each and pay fine of Rs. 500/- each, in default, to undergo simple imprisonment for further period of 15 days, for their offence, punishable under Section 323/34 IPC, and also convicting Moni Mia Mazumdar, appellant in Criminal Appeal No. 62 of 2011, under Section 302 IPC and sentencing him to...
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