Guwahati Court November 2015 Judgments
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Haren Kakati Vs. The State of Assam
Court: Guwahati
Decided on: Nov-27-2015
Judgment and Order (Cav) 1. I have heard Mr. N. Ahmed, learned counsel appearing on behalf of the appellant and also Mr. D. Das, learned Additional Public Prosecutor, Assam, for the respondent State of Assam. 2. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment dated 22.08.2008 passed by the learned Additional Sessions Judge (F.T.C.) No.4, Kamrup, Guwahati in Sessions Case No.396(K)/2007 whereby the accused appellant has been convicted and sentenced under Section 304 Part-II IPC and sentenced to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs.1000/-, in default, to pay fine, to undergo rigorous imprisonment for another 3(three) months. 3. Brief facts necessary for disposal of this present case is that on 5.12.1995 at about 9.30 P.M., the deceased Joy Kanta Kalita armed with ballam entered into the house of the informant Gopal Deka in a drunken condition and caught hold the wife of the informant with an int...
Maken Basumatary and Another Vs. The State of Assam
Court: Guwahati
Decided on: Nov-27-2015
Order (Cav) 1. I have heard Mr. K. Baruah, learned counsel for the appellants and Mr. D. Das, learned Addl. P.P., Assam. 2. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is directed against the Judgment and order dated 21.03.2012 passed by the learned Additional Sessions Judge, Kamrup at Guwahati in Sessions Case No.41(K)/2011 under Sections 447/436/427/506 R/W Section 34 I.P.C. whereby the accused-appellants have been convicted and sentenced to undergo S.I. for a term of 1(one) months for the offence under Section 447/34 I.P.C. and also sentenced to undergo rigorous imprisonment for a term of 5(five) years and to pay a fine of Rs.1,000/-, in default, simple imprisonment for a further term of 2(two) months for the offence under Section 436/34 IPC. Further, the accused appellants have been sentenced to undergo S.I. for a term of 3(three) months for the offence under Section 427/34 I.P.C. and also sentenced to undergo S.I. for a term of (3) months for the offen...
Harilal Malpaharia Vs. State of Assam
Court: Guwahati
Decided on: Nov-26-2015
Order (Oral) A.K. Goswami, J. 1. Heard Mr. K. Lahkar, learned Amicus Curiae appearing for the appellant. Also heard Mr. K.A. Mazumder, learned Additional Public Prosecutor, Assam. 2. This appeal from jail is presented against the judgment dated 10.03.2015 passed by the learned Additional Sessions Judge (FTC), Lakhimpur, in Sessions Case No.126(NL)/2014, corresponding to G.R. Case No.783/2014, arising out of N.L. Police Station Case No.413/2014 under Section 302 IPC. By the impugned judgment, the appellant is convicted under Section 302 IPC and sentenced to suffer rigorous imprisonment for life with a fine of Rs.15,000/-, in default of payment of fine, to undergo further rigorous imprisonment for 6(six) months. 3. At about 9.25 P.M. on 03.05.2014, one Anaru Malpaharia came to the Silonibari Out Post and informed by submitting an ejahar that around 7.30 P.M. on that day, Harilal Malpaharia, a resident of the same line where the informant was also residing, killed his wife, Sukurmoni Malp...
Rasana Das Vs. Indian Oil Corporation Ltd. and Others
Court: Guwahati
Decided on: Nov-24-2015
Judgment and Order 1. Heard Mr. B.R. Dey, the learned Senior Counsel appearing for the petitioner. Mr. M.K. Choudhury, the learned Senior Counsel appears for the respondents 1, 2, 3, 4, 5, 8 and 9. The learned Government Advocate Ms. R. Gogoi appears for the respondents 6, 7 and 10. 2. The matter pertains to the SK Oil dealership at Karimganj which was granted on 20.3.1965 to Mr. Bisweswar Das. During the lifetime of the dealer, he applied for re-constitution of the dealership to convert into a partnership firm and to induct the petitioner as the 2nd partner of the dealership concern. The re-constitution of the dealership was approved by the Indian Oil Corporation Ltd. (hereinafter referred to as the IOCL. ) on 7.11.1996 (Annexure-III) and the petitioner and her husband Bisweswar Das were recognized as the partners of the dealer i.e. M/s Bisweswar Das and Son. 3. But even before approval to the re-constitution of the dealership could be conveyed on 7.11.1996, the sole dealer Bisweswar ...
Abiran Bibi Vs. The State of Assam represented by the Commissioner and ...
Court: Guwahati
Decided on: Nov-23-2015
Order (Oral) B.K. Sharma, J. 1. This writ petition is directed against the order dated 08/06/2012 of the learned Member, Foreigners Tribunal No. 1, Dhubri (Assam) passed in FT Case No. 1021/GPR/08 (Ref. Case No. R/IMDT/1866/98) (State of Assam Vs. Musstt. Abiran Bibi). By the said order, the learned Tribunal, appreciating the evidence on record has declared the petitioner to be a foreigner of post 25/03/1971. 2. We have heard Mr. I. Alam, learned counsel for the petitioner. Also heard Mr. M. Bhagabati, learned State Counsel and so also Ms. G. Sarma, learned counsel representing the Union of India. We have also gone through the entire materials in record including the records received from the Tribunal. 3. As discussed in the impugned judgment and order, there are lot of discrepancies in the contentions raised by the petitioner before the Tribunal to prove that she is not a foreigner. In one place of the written statement, she claimed her grandfather to be one Jahaddi Sk son of Rahman a...
Md. Abdul Motleb Vs. State of Assam
Court: Guwahati
Decided on: Nov-21-2015
Order (Cav) (1) This Criminal Appeal from jail is preferred by the accused appellant Md. Abdul Motleb, being aggrieved with the judgment and order dated 19.12.2011 passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 38 (NL) of 2009, corresponding to G.R. Case No. 552/2004, arising out of Laluk Police Station (District-Lakhimpur) Case No. 65 of 2004 by which the appellant/accused has been convicted under Sections 302/201 of the Indian Penal Code and sentenced him to undergo Imprisonment for life and also to pay fine of Rs. 2,000/- under Section 302 IPC, in default to undergo Rigorous Imprisonment for further period of 2 (two) months and also sentenced him for Rigorous Imprisonment for a period of 3 (Three) years with a fine of Rs. 500/- under Section 201 IPC, in default to undergo Rigorous Imprisonment for another period of 15 days, with the observation that both the sentences are to run concurrently. (2) The prosecution case, as it emerges from the Fir...
Abdul Aziz and Others Vs. Salema Bewa
Court: Guwahati
Decided on: Nov-07-2015
Judgment and Order (Oral) 1. Heard Mr. H. Das, learned counsel for the appellants. None appears for the respondent/plaintiff despite service of notice. 2. Mr. Das has submitted that the names of appellant Nos.1 and 2 may be struck off as they did not prefer any appeal before the first Appellate Court. Accordingly, their names are struck off. Registry will take consequential steps. 2. This appeal is directed against the judgment and decree dated 08.06.2005 passed by the learned Civil Judge (Sr. Divn.), Goalpara, in Title Appeal No.13/2004, affirming the judgment and decree dated 24.12.2003 passed by the learned Civil Judge (Jr. Divn.) No.1, Goalpara, in Title Suit No.27/2001, whereby plaintiff s suit for right, title, interest and recovery of khas possession as well as cancellation of registered sale deed No.773 dated 23.09.1998 was decreed against the defendants. 3. Against the judgment and decree of the learned Trial Court, an appeal was preferred by eight of the defendants accompanie...
Abdul Jalil Vs. Abdur Rahman and Others
Court: Guwahati
Decided on: Nov-06-2015
Judgment and Order (Oral) 1. Heard Mr. A.R. Sikdar, learned counsel for the appellant. Also heard Mr. M.A. Sheikh, learned counsel for the respondent Nos. 1, 2 and 3. 2. This appeal is preferred by the plaintiff against the judgment and decree dated 11.2.2011 passed by the learned Additional District Judge, (FTC), Barpeta in Title Appeal No. 14/2005 dismissing the appeal and affirming the judgment and decree dated 6.10.2005 passed by the learned Civil Judge (Senior Division) Barpeta, in Title Suit No. 7/2002, whereby the suit of the plaintiff was dismissed and the counter-claim of the defendant Nos. 1, 2 and 3 was decreed. 3. The appeal was admitted to be heard by an order dated 18.1.2012 on the following substantial question of law: 1.Whether the learned courts below are justified in dismissing the suit of the plaintiff as barred by time, in view of Article 64 of the Schedule of the Limitation Act, the suit of the plaintiff being the suit for declaration of right, title and interest a...
Sekhar Rudra Vs. The Union of India, Represented by the Secretary to t ...
Court: Guwahati
Decided on: Nov-05-2015
Judgment and Order (Oral) 1. Heard Mr. A. Dasgupta, the learned Senior Counsel appearing for the petitioner. The management of the Oil India Limited (respondent No.3) is represented by the learned senior Advocate Mr. S.N. Sarma. 2. The petitioner was a Grade-VIII Assistant in the Pipeline Division of the Oil India Ltd. and the present matter relates to the disciplinary proceeding in pursuant to which, the delinquent was dismissed from service through the order dated 21.7.2003 (Annexure-3). The resultant reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act ) was answered against the delinquent through the award dated 18.3.2008 (Annexure-7) rendered by the Central Government Industrial Tribunal and all these decisions are challenged by the aggrieved employee. 3. Earlier the Grade-VIII Assistant was promoted to the Grade-IX and was transferred but in order to continue at Guwahati the petitioner had foregone his promotion. That is how he co...
Md. Abdul Samad Vs. Abdul Khaleque
Court: Guwahati
Decided on: Nov-04-2015
Judgment and Order (Oral) 1. Heard Ms P. Bhattacharjee, learned counsel for the appellant. Also heard Mr. A. Sattar, learned counsel appearing for the respondent. 2. This appeal by the plaintiff is directed against the judgment and decree dated 30.7.2005 passed by the learned Civil Judge (Senior Division), Barpeta in Title Appeal No. 30/2004 allowing the appeal of the defendants and setting aside the judgment and decree dated 8.6.2004 passed by the learned Civil Judge (Junior Division) No. 1, Barpeta in Title Suit No. 40/2003 whereby the suit of the plaintiff was decreed and counter-claim of the defendants was dismissed. 3. The second appeal was admitted to be heard by an order dated 12.12.2005 on the following two substantial questions of law: 1. Whether the findings of the learned lower appellate court that the defendant and late Asrab Ali, father of the plaintiff were the co-owners of the suit land is perverse? 2. Whether the learned lower appellate court misconstrued the provision ...
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