Guwahati Court June 1984 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Abdul Haque Vs. KutubuddIn Ahmed and ors.
Court: Guwahati
Decided on: Jun-13-1984
T.N. Singh, J. 1. This is plaintiffs application which challenges validity of the order passed on 21-12-81 by the trial Court by which the said Court refused to set aside the order passed on 11-12-80 dismissing the suit for default. 2. However, the threshold objection to the maintainability of the petition raised by the learned counsel for the O. P. No. 1 has to be considered first before dealing with the merits of the petitioner's grievance. Mr. B. C. Sarma, appearing for O. P. No. 1, contends that this revision application is not maintainable inasmuch as the impugned order must be deemed to be an order passed under Order 9, Rule 9 CPC against which an appeal lies. His submission is that although the plaintiff petitioner had filed the application against the order dismissing the suit under Order 9 Rule 4 CPC treating the said order as one passed under Rule 3 thereof the said order on the facts of the case could only be an order contemplated under Rule 8. Because, submits learned cou...
Debi Prasad Mukherjee Vs. Smt. Sandhya Debi
Court: Guwahati
Decided on: Jun-13-1984
1. This application under Section 115 of the Code of Civil Procedure and/or Article 227 of the Constitution of India has been filed as an alternative revision petition to MA(F) No. 24 of 1979 which we have just dismissed as not maintainable. This revision application is accordingly registered and we issue rule and take the application for hearing instantly as agreed by the learned counsel for the parties. 2. The impugned order dated 20th March, 1979 has been passed on two applications one under Section 26 of the Hindu Marriage Act shortly, 'the Act', for interim custody of the child, and the other under Section 24 of the Act for maintenance of the child pendente lite, during pendency of the title suit No. 2/78 (divorce). The said title suit No. 2/78 has been instituted by the instant respondent praying for the dissolution of heir marriage with the instant petitioner under Section 13 of the Act. The application under Section 26 of the Act was filed praying for interim custody of the c...
Commissioner of Income-tax Vs. Parsuram Ghanshyam Das and ors.
Court: Guwahati
Decided on: Jun-08-1984
Misra, C.J.1. This application has been filed by the Commissioner of Income-tax under Section 256 of the I.T. Act, 1961, requiring the Income-tax Appellate Tribunal, Gauhati Bench, Gauhati, to refer the following questions of law to this court for its opinion : '(i) Whether, on the facts and in the circumstances of the case, the income from house property was not rightly assessed in the hands of the assessee in the status of an ' association of persons ' ? (ii) Whether, on the facts and in the circumstances of the case, the finding of the Tribunal impliedly relied on and followed in the present case that the shares of the various members of the 'association of persons' in the house property are definite and ascertainable is not vitiated and, therefore, untenable in law having been based on no evidence or on irrelevant consideration as regards the share in the property itself as distinct from share income ?' 2. The assessee-respondent is an 'association of persons' (AOP). The ITO asse...
Mustt. Sahida Begum Vs. Md. Mofizul Haque
Court: Guwahati
Decided on: Jun-08-1984
S. Haque, J.1. Both the revisions are taken up together for disposal. Md. Mofizul Haque divorced his wife Mustt. Sahida Begum in 1967. The Magistrate granted her maintenance allowance of Rs. 500/- P.M. Under Section 125 of the Cri. P.C. The learned Additional Sessions Judge of Dibrugarh reduced the amount to Rs. 300/- P.M. Now, Mofizul Haque has preferred this application Under Section 482 for quashing the proceedings; whereas Mustt. Sahida Begum by her petition prays for restoring the maintenance allowance to Rs. 500/- P.M.2. Learned Counsel Mr. B.M. Goswami representing Md. Mofizul Haque submits that the divorce was effected long before the commencement of the amended Code 1973 and so the proceeding Under Section 125 by Mustt. Sahida Begum was not maintenable. He further submits that Section 279 of the Mohammedan Law (Personal Law) expressly laid down the law of maintenance to the divorced women and so the provision of Section 125 Cr. P.C. cannot override that personal law. On the o...
Rainbow Ezung Vs. Mhao Lotha and ors.
Court: Guwahati
Decided on: Jun-05-1984
B.L. Hansaria, J. 1. 4 (Four) candidates were in the fray in this election from No. 38-Wokha Assembly Constituency in the State of Nagaland. The petitioner was a candidate of Congress(I), whereas respondent No. 1 (the respondent, hereinafter) had contested as a Naga National Democratic Party (NNDP) candidate. The two others, namely, Pankathung and Khyochamo, were independent candidates. In the battle of hustings, which had taken place on 10-11-82, the respondent having secured 2693 out of 7918 valid votes was declared as elected. The nearest rival was the petitioner who had to his credit 2575 votes. The difference was thus of 118 votes.2. The election of the respondent was challenged on various grounds in this petition. There were allegations, inter alia, of (a) improper acceptance of the nomination paper of the respondent: (b) irregularity in issuing of postal ballots; (c) some irregularity in counting, and (d) canvassing against election law. The main attack is, however, on the com...
- ‹ Prev
- 1
- Next ›