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Haren Patgiri Vs. State of Assam

Court : Guwahati

Subject : Criminal

H. Barua, J.1. The appellant was tried by the learned Sessions Judge, Barpeta under Section 376 IPC for committing rape on PW-3, the younger sister of the informant (PW 1) on 17.1.1997 at 7 p.m. at...

Dibya Prasad Nath Vs. State of Assam and ors.

Court : Guwahati

Subject : Service

Acts : Assam Secondary Education (Provincialisation) Services Rules, 1982 - Rule 13

Advocate for Appellant : H.N. Sarma, C. Bhattacharjee, A. Hussain, S.S. Baruah, C. Baruah and N.K. Baruah, Advs.

P.G. Agarwal, J. 1. All these four writ petitions have been heard analogously and these are being disposed of by this common judgment. 2. Heard Mr. A.K Bhattacharyya, learned Senior Advocate, Shri H.N. Sarma, learned Sr....

Sudhendra Kumar Bhattacharjee Vs. State

Court : Guwahati

Subject : Criminal

Advocate for Appellant : Shri. Bhattacharjee

B.L. Hansaria, J.1. A prosecution was launched against the appellant under Section 5(2) read with Section 5(1)(c) of the Prevention of Corruption Act, 1947, for short the Act, and Section 409 of the Indian Penalcode. The...

Shree Hanuman Match Works and ors. Vs. the State of Assam and ors.

Court : Guwahati

Subject : Sales Tax

Advocate for Appellant : J.P. Bhattacharjee and A.R. Banerjee, Advs. in C.R. Nos. 793-794 of 1972, 115, 117-118, 126-127, 697-698, 701, 702-703 and 704-711 of 1974 and 567-568 of 1975, P. Chaudhary, Adv. in C.R. Nos. 567-568

B.L. Hansaria, J.1. Every law has 'promises to keep'. The courts have to interpret the laws to advance the object of the enactment. The Assam Finance (Sales Tax) Act, 1956 (hereinafter called the Act), is one...

Hanuman Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 60, 61, 75 to 86, 169, 170, 173, 190, 190(1), 193, 194, 200 to 203, 204, 209, 227, 228, 395, 397 and 482; Indian Penal Code (IPC) - Sections 147, 148, 149, 190, 307, 323, 324, 325, 341, 379, 395, 397 and 494; Code of Criminal Procedure (CrPC) , 1898 - Sections 403(1); Constitution of India - Articles 21, 22, 22(1) and 22(2)

Reported in : 1997CriLJ1331; 1997(1)WLC404; 1996(2)WLN647

Advocate for Appellant : M.K. Garg, Adv.

ORDERAmaresh Ku. Singh, J.1. Heard the learned counsel for the petitioner and the public prosecutor for the State.2. This petition under Section 482 of the Criminal Procedure Code has been filed by the petitioner against the...

All Bengal Transport Agency and ors. Vs. Hare Krishna Banik

Court : Guwahati

Subject : ContractCivil

Acts : Contract Act, 1872 - Sections 23; Code of Civil Procedure (CPC) , 1908 - Sections 20 and 115; Carriers Act, 1865 - Sections 8

Advocate for Appellant : N.M. Lahiri, B. Kalita and M.Z. Ahmed, Advs.

B.L. Hansaria, J. 1. Jurisdiction to try a case is derived by the courts from a statute; parties cannot confer the same by agreement. The question is : Can they oust the same totally by mutual...

Assam Financial Corporation Vs. Commissioner of Wealth-tax and ors.

Court : Guwahati

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2, 3, 4, 4(1), 6, 14 and 15

Advocate for Appellant : B.C. Barua and R.C. Choudhury, Advs.

Bindra, J. 1. The short though somewhat vexing question that falls for determination in this writ petition filed under Articles 226 and 227 of the Constitution of India by the Assam Financial Corporation, Shillong, hereinafter briefly...

Anjana Saikia (Das) Vs. Anuradha Das and anr.

Court : Guwahati

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 397; Indian Penal Code (IPC), 1860 - Sections 499

Advocate for Appellant : K. Agarwal, D.K. Chomal and R.J. Baruah, Advs.

P.G. Agarwal, J. 1. The above revision petitions are being disposed of by this common order as common question of law and facts are involved. 2. Heard Mr. A.K. Bhattacharjee, learned Sr. Advocate and Mr. P.C....

Sardar Harvinder Singh Sehgal and ors. Vs. Assistant Commissioner of I ...

Court : Guwahati

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 116, 119(2), 147, 148, 151(1), 151(2) and 292B; Direct Tax Laws (Amendment) Act, 1987

Advocate for Appellant : J.P. Bhattacharjee, M.L. Barjatya, G.K. Joshi and R.K. Joshi, Advs.

J.N. Sarma, J. 1. All the writ petitions raise common questions of law and are based on the same factual matrix and as such as agreed to are taken up for hearing together and this judgment...

Niren Sarma and anr. Vs. State of Assam and ors.

Court : Guwahati

Subject : Criminal

B.L. Hansaria, J. 1. Preventive detention is an anathema to the cherished concept of liberty enshrined in Article 21 of the Constitution. Nonetheless the framers of the Constitution made provision for the same in Article 22....