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Guwahati Court December 1982 Judgments

Dec 10 1982

Nandeswar Kalita Vs. State of Assam

Court: Guwahati

Decided on: Dec-10-1982

N.I. Singh, J.1. This appeal is directed against the order and judgment dated 14-9-1981 in Sessions Case No. 21 (NL)/79 of Sessions Judffe. Lakhimpur, by which the accused Nandeswar Kalita, was convicted for offence of murder punishable under Section 302, Penal Code, and sentenced to suffer R. I. for life.2. The prosecution case may be stated in brief. Smt. Saruaity Das, aged about 40 years, after the death of her husband, took the accused, Nandeswar Kalita. aged about 20 years, as her second husband, and they lived together in the house of the former since some months prior to the occurrence. The occurrence took place on 19-10-1978 at about 7-00 a.m. Smt. Saruaity Das had four children by her first husband. Habang Das, the deceased, was her youngest, child, aged about 4 years,at the time of occurrence. On the day of occurrence in the morning, Bagai Das elder brother of the deceased, who was aged 6 years, at the time of the occurrence, was soothing his younger brother Habang Das, keep...

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Dec 03 1982

Smt. Maharani Dey and ors. Vs. Debabrata Bardhan and anr.

Court: Guwahati

Decided on: Dec-03-1982

T.C. Das, J. 1. This petition is made under Section 115 of C.P.C. against the order dt. 7-3-79 passed by the learned Member, Motor Accidents Claims Tribunal inMotor Accident Title Suit No. 7 of 1974 rejecting the prayer of the petitioners who wanted to be substituted in place of the deceased claimant. The predecessor-ing-interest of the petitioner (Rebati Mohan Dey) since deceased, was knockeddown in accident wherein he was injured by the bus belonging to the opposite party no. 1. Shri Debabrata Bardhan. This occurred on 18-11-73 as a result of which. Rebati Mohan Dey sustained a serious injury and his two legs had to be amputated. He filed a claim petition in the Court of the Motor AccidentsClaims Tribunal claiming compensation for such iniury to the extent of Rupees 40,000 and impleaded the owner of the bus as opposite party No. 1 and the New India Assurance Company as opposite party No. 2 in the said claim application. During the pendency of the claim petition. the claimant Rebati...

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Dec 03 1982

Radhakrishna Oil and Rice Mills Vs. Commissioner of Taxes

Court: Guwahati

Decided on: Dec-03-1982

K.M. Lahiri, J.1. In exercise of the powers under Section 32(2) of the Assam Sales Tax Act, 1947 (Assam Act 17 of 1947), the learned Board of Revenue has referred the following questions of law for opinion of this Court:(1) Whether on the facts and in the circumstances of the case, the Board of Revenue was correct in law in holding that the power under Section 31(1) of the Act could be invoked in the instant cases and the orders of assessment passed by the Superintendent of Taxes could be revised in exercise of powers under Section 31(1) of the Act on the basis of the materials and legal evidence already on record at the time of original assessment proceedings ?(2) Whether on the facts and in the circumstances of the case, the Board of Revenue was correct in law in deciding the appeal against the order passed under Section 31(1) of the Act on the report of the Inspector of Taxes and other materials which were not there on record in the original assessment proceedings ?(3) Whether on t...

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