Court : Guwahati
B.D. Agarwal, J.1. Both the aforesaid revision applications were heard together and are being disposed of by this common judgment since the cause of action, for filing the revision applications under Section 482 of the Code of Criminal Procedure (Briefly CrPC), so as to quash the criminal proceedings against the petitioners, stems out of the same incident and common facts. At the same time, two accused persons before this Court are seeking quashing of the FIR No. 50 (3) of 2007 at Lumdingiri Police Station and Criminal Complaint Case No 824 (S) of 2007, now pending in the court of Judicial Magistrate, Shillong, on the same grounds.2. I have heard Mrs. PDB Baruah, learned Counsel appearing for the petitioners. Shri MF Qureshi, learned Counsel, represented the complainant/respondent. When the case was last heard on 14.05.2008 it was thought it proper to ascertain the view of the State. Accordingly State of Meghalaya was also impleaded as respondent No. 2. Today, Shri ND Chullai, learned...
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Amitava Roy, J.1. This batch of writ petitions register an identical challenge to the constitutional validity of Section 3D, 3E, Clause (ii) and (iii) of Explanation-1 to Section 21 as well as Section 21(1), 21(2), 21(3), 21A, 23 and 25(xiii) of the Assam Agricultural Produce Market Act, 1972 as amended by Assam Agricultural Produce Market (Amendment) Act, 2000 and the Assam Agricultural Produce Market (Amendment) Act,2006 with the consequential relief of refund of the cess collected thereunder by the respondents together with the interest @ 15% thereon for the period 13.08.2001 to 08.12.2005 and till such time the same is exacted from the petitioners.2. The contextual facts though vary minimally, the spectrum of assailments being strikingly common in the cases, these petitions were analogously heard and this adjudication would answer the issues raised.3. We have heard Mr. D.K. Mishra, Senior Advocate assisted by Ms. Section Jahan, Advocate for the petitioner in WP(C) Nos. 5491 /2001,...
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B.P. Katakey, J.1. The appellant herein as plaintiff instituted TS 3/1980 on 5-4-1980 in the Court of learned Asstt. District Judge at Karimganj, which was subsequently transferred to the Court of the learned Civil Judge (Jr. Division) No. 1 (now, Munsiff No. 1) at Karimganj and re-numbered as TS 284/1993, praying for declaration of her occupancy right in respect of the land measuring 2 bighas, described in Schedule to the plaint, for confirmation of possession as well as for declaration that the sale deed dated 20-5-1977 executed by the predecessor in interest of the present proforma respondent Nos. 5 to 8 is void, fake, fraudulent and inoperative and also for permanent injunction against the respondent Nos. 1, 2 and 3 (defendant Nos. 1, 2 & 3 in the suit). The suit was contested by the defendant Nos. 1, 3 and 5 by filing a joint written statement. The plaintiff in the suit contended inter alia that she is in possession of the land by virtue of the purchase vide sale deed dated 18-5-...
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P.K. Musahany, J.Heard Mr. A Zhimoml, learned Counsel for the petitioners and Mr. L. S. Jamir, learned senior Govt. Advocate for the official Respondents.1. These two Writ Petitions raise common issues, both in facts and law, and have been heard and considered together, they are being disposed of by this common judgment and order. For the sake of convenience, the essential facts are being noted from WP (Crl.) No. 2(K)/07.2. Looking back a little. Prior to formation of the State of Nagaland on 1.12.1963, the only enactment concerning the conduct of the Government servants was the Delhi Special Police Establishment Act, 1946, which was in force in the erstwhile Nagaland Hills Tuensang Areas of both Kohima and Mokokchung Districts. It was vide Assam Regulation No. XII of 1951 and vide Act 3 of 1951, the Prevention of Corruption Act, 1947 (now amended in 1988), came into force in the Naga Hills Tuensang in the District of Kohima and Mokokchung respectively vide Assam Government's Notifica...
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Ranjan Gogoi, J. 1. The writ petitioner is an Association registered under the Societies Registration Act, 1860 having its registered office at Silchar within the State of Assam. The petitioner Association claims to represent the non-Mizo/non-tribal traders of Assam having business in Mizoram, particularly, in the districts of Aizawl and Lunglei. Most of the members of the petitioner Association, it is claimed, are permanent residents of the three districts in the Barak Valley of the State of Assam i.e. Cachar, Karimganj and Hailakandi. In the present writ application, the petitioner Association seeks to challenge the constitutional validity of the Eastern Bengal Frontier Regulation, 1873, hereinafter referred to as the Inner Line Regulation. The guidelines for the enforcement of the said Inner Line Regulation framed by the State of Mizoram in exercise of powers conferred by Section 2 of the aforesaid Regulation and published on 1.9.2006 has also been challenged in the present writ ap...
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T. Vaiphei, J.1. This criminal appeal under Section 374(2), 1973 of the Code of Criminal Procedure read with Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short) is directed against the judgment and order dated 16.5.2007 passed by the Ld. Special Judge (NDPS), Shillong, in Cr. (NDPS) Case No, 2 of 2006 convicting the appellants under Section 20(b)(ii)(C) of the NDPS Act and sentencing them to undergo rigorous imprisonment for a term often years with a fine of Rs. 1,00,000/- to be paid by each of them, and, an default thereof, to undergo another two years of rigorous imprisonment.2. The case of the prosecution, briefly stated, is that on 7.2.2006 at about 8 P.M., the Superintendent of Police, East Khasi Hills District (Mr. A.R. Mawthoh), received a reliable information to the effect that some antisocial elements had crossed over from Bangladesh for going to Assam via Shillong and accordingly directed the Dy. S.P. Reorganization (Mr. Lethindra S...
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B.K. Sharma, J.1. This batch of writ petitions involves 61 petitioners, who have been declared as foreigners by the respective Foreigners Tribunals. They have invoked the writ jurisdiction of this Court assailing the legality and validity of such declarations. Since the issue involved is the same, which is - whether the petitioners are illegal migrants to Assam after the cutoff date i.e. 25.3.1971, all the writ petitions are being disposed of by this common judgment and order, dealing with each and every case independently.2. One interesting feature of all the cases, except three, is that the impugned judgments and orders passed by the Foreigners Tribunals are all Ex-parte. The petitioners, except in three cases, did not respond to the proceedings before the Tribunals, which the learned State counsel describes as a methodical ploy to prolong the proceedings on untenable grounds.3. Barring three, in all the cases, the common ground(s) is/are that the Ex-parte proceedings and judgments ...
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B.K. Sharma, J.1. The petitioner, who has been declared as foreigner by the Foreigners Tribunal has invoked the writ jurisdiction of this Court challenging the order of the Tribunal. This writ proceeding makes shocking revelations as to how a foreign national (Bangladeshi national) taking recourse to falsity, forgery and manipulation has been living in Assam, India for years together. He has not only become a voter, but has also obtained passport at a time when the proceeding before the Tribunal was still pending, because of laxity and indifferent attitude on the part of the authorities. Taking advantage of long delay in disposal of the proceeding before the Tribunal and 'go as you like' kind of approach on the part of the authorities, the brother of the petitioner and his family members numbering 8, who were also involved in the proceeding have already done the act of vanishing way back in 1999.2. In the writ petition, it is the case of the petitioner that he was born in 1948 in the ...
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I.A. Ansari, J.1. The petitioner No. 1, namely, M/s. Dhanani Shoes Ltd., is a company registered under the Companies Act, 1956. The petitioner-company is registered both under the Central Sales Tax Act, 1956, as well as under the Assam Value Added Tax Act, 2003 (in short, 'the Act'). The petitioner-company deals in plastic and leather footwear, sports goods, readymade garments and allied business. The petitioner-company is distributor, in the entire North-Eastern India, of some classified products, namely, Liberty, Action, Hotshot, Woodland, Levis, Lakhani, etc. The petitioner No. 2 accounts officer of the petitioner-company, is the authorised signatory of the company. The petitioner-company is engaged in the business of stocking and selling, in wholesale as well as retail, of different varieties of shoes. On February 6, 2008, respondent No. 4, namely Inspector of Tax, Unit-B, Guwahati, came to inspect the petitioner-company's godown at Dhirenpara, Guwahati, and served, on the petitio...
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Aftab H. Saikia, J.1. The State of Assam through its Commissioner and Secretary, Department of Education has preferred the instant writ appeal assailing the common Judgment and Order dated 8.4.2002 passed by the learned Single Judge in a batch of writ petitions, being preferred by the writ petitioners/respondents herein (hereinafter referred to as 'the respondents') who being appointed under the scheme of 'Operation Blackboard' (for short 'OB') as Assistant Teachers in various ME./M.V./M.E.M Schools in the State of Assam seeking for regularization of their respective services against the regularity sanctioned post thereof with a further prayer made therein to direct the State respondents to refrain from terminating their services at the end of month of March, 2002, pending regularization of their services, whereby the writ petitions were disposed of with a direction to the Government of Assam and other State respondents to regularize the services of the respondents appointed as Assist...
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