Court : Guwahati
Decided on : Jun-18-2013
Judgment and Order Ansari, J. 1. This is an appeal against the judgement and order, dated 13.06.2008, passed, in Sessions Case No. 33 (S-C) 2007, by the learned Sessions Judge (FTC), Sivasagar, convicting the accused-appellant, Ghana Gogoi, under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs. 2,000/- and, in default of payment of fine, suffer simple imprisonment for a period of 2 (two) months. 2. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: (i) Deceased, Ila Gogoi, was the wife of the accused and they used to live together with their son. On 13.06.2006, at about 5-30 P.M., the accused gave several blows to his wife, by means of dao, causing injuries on her person. On hearing Ila Gogoi crying out of pain, people from the neighbourhood came and saw the accused, Ghana Gogoi, standing near his wife, holding a dao in his hand. The accused was caught hold of by his brother and other co-villagers and the dao w...
Tag this Judgment!Court : Guwahati
Decided on : Jul-20-2013
Judgment and Order, (Oral): 1. Heard Mr. P. Bhowmik, learned counsel for the petitioner and Mr. J. Handique, learned Government Advocate, Assam appearing for respondent No. 1. Also heard Ms. R. T. Das, learned counsel appearing for respondent No. 3. 2. Petitioner, Assam Power Distribution Company Limited, a successor company of Assam State Electricity Board and a Government company, has filed the present writ petition seeking quashing of Reference Case No 5/2010 pending in the Labour Court, Assam at Guwahati. 3. It appears that an industrial dispute was raised by the All Assam Casual Power Workers Union, a registered body, on behalf of the outsourced Bill Clerks of Nalbari Electrical Division of the petitioner company with the grievance that their wages have been reduced from Rs. 5 to Rs. 3. A conciliation proceeding was initiated before the Labour Officer, Nalbari. However, the conciliation proceeding failed and after receipt of report from the Labour Officer, Nalbari, Government of A...
Tag this Judgment!Court : Guwahati
Decided on : Jan-03-2013
Judgment and Order Katakey, J. 1. The State of Assam, represented by the Commissioner and Secretary, Home Department, as well as the Superintendent of Police, Barpeta, have filed the Review Petition No.22/2010 seeking review of the judgment and order dated 01.02.2010 passed by a Division Bench of this Court in Writ Appeal No.238/2008 (Moslem Mondal and ors. Vs. Union of India and ors. reported in 2010(2) GLT 1), on the grounds set forth in the review petition. On 28.04.2010 when the review petition was taken up for consideration by a Division Bench, a prayer was made by the learned counsel appearing for the appellants in WA No.238/2008 to hear all the learned counsel appearing for the parties in the appeal including amicus curiae assisting the Court and to hear the review petition along with other matters, which was accepted by the Court. Vide order dated 17.05.2010, while issuing notice in the review petition, the aforesaid Division Bench consisting of the Honble the then Chief Justic...
Tag this Judgment!Court : Guwahati
Decided on : Nov-06-2013
I.A. Ansari, J. 1. When the people fear the government, there is tyranny. When the government fears the people, there is liberty. Thomas Jefferson, the principal author of the Declaration of Independence (1776) and the third President of the United States (18011809) 2. Article 21 is one of the most cherished provisions in our Constitution, which prohibits the State from depriving a person of his life and liberty except according to the procedure established by law. However, what happens if by the States action, which has been neither sanctioned by a legislation nor has been taken in valid exercise of its executive powers, the ineffaceable mandate of Article 21 gets smudged. This is precisely the issue, which the appellant has been, for almost a decade of litigation, urging the court to decide. Having been unsuccessful in his attempt to convince the Court in his writ petition of the correctness and righteousness of his contentions, the appellant is, now, before us, seeking a revisit to ...
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