Guwahati Court January 1990 Judgments
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Msstt. Manjura Begum Vs. Abdullah Sekh
Court: Guwahati
Decided on: Jan-19-1990
Manisana, J. 1. This revision petition arises from an order dated 12.2.88 of the Sessions Judge Nagaon made in CM Case No. 81 (N-2) of 1985 setting aside the order of maintenance Under Section 125, CrPC passed by the Judicial Magistrate of the first class Morigaon on 7.5.85 in MR Case No. 34 of 1983.2. Musstt Manjura Begum instituted a petition Under Section 125 CrPC against Abdullah Sekh claiming maintenance at the rate of Rs. 300/- per month on the ground that Abdullah is her husband and he having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself. She gave birth to female child during pendency of the case and claimed another sum of Rs. 300/- per month for the maintenance of the child. Abdullah contested the case stating, inter alia, that she is not his duly married wife. The trial Court has held that Manjura is legally married wife of Abdullah and ordered Abdullah to make a monthly allowance of Rs. 300/- for the maintenance of Manjura and R...
Assam Plantation Crops Dev. Corpn. Ltd. Vs. Inspecting Assistant Commi ...
Court: Guwahati
Decided on: Jan-17-1990
Per Shri Egbert Singh, Accountant Member - The first ground of appeal by the assessee for the first year is that the CIT (A) erred in not following the earlier decision of the Appellate Tribunal may be followed. The first ground of the second appeal by him for the earlier year, which may be reversed.(2) Since the points involved are interlinked we take up the appeals together for disposal by this commissioner order.(3) For the first year, the issue was regarding the assessability of Rs. 10,90,422 after a relief if Rs. 2,23,784 out of the interest income and other recites of Rs. 13,14,206. According to the assesses, this computation was wrong, contrary to the principles of law and accountancy and that the expenses claimed under different heads should have been allowed under the law. There are other grounds of appeal also for the year.(4) In the assessment order for the first year, the assessing officer mentioned that the assessee is a corporation engaged mainly in agricultural activiti...
Jogananda Barman Vs. State of Assam
Court: Guwahati
Decided on: Jan-12-1990
S.N. Phukan, J.1. Four accused appellants namely Jagananda Barman, Pushpadhar Sinha, Badal Chowdhury and Subal Chowdhury were charged by the learned Sessions Judge, Dhubri in Sessions Case No. 118(D) of 1984 under Sections 147/436/149 IPC. The learned Court found all the accused persons guilty and convicted them accordingly. All the accused persons were sentenced to rigorous imprisonment of five years and fine of Rs. 500/- each under Section 436/149 IPC and rigorous imprisonment of one year under Section 147 IPC Hence this appeal.2. On 9-4-83 at about 3 p.m. Officer-in-charge of Chapor Police Station filed the first information report stating that on 8-4-83 at about 8 p.m. a mob forming an unlawful assembly with deadly weapons attacked the village Charuabakhara and set fire to the houses of villagers and as a result 65 houses were gutted by fire. In the first information report the names of accused or the witnesses were not mentioned. O.C. himself took up investigation and submitted c...
Mrs. Rupsan Begum Vs. Md. Abdus Sattar
Court: Guwahati
Decided on: Jan-05-1990
S.K. Homchaudhuri, J.1. In this revision petition the judgment and order dated 31-5-88 passed by the learned Sessions Judge, Nalbari in C.M. No. 7(N-1) 88 and C.M. No. 9/88 are assailed.2. By the judgment and order dated 31-5-88 passed in C.M. No. 9/88 the learned Sessions Judge set aside the order dated 10-2-88 passed by the learned Judicial Magistrate 1st Class, Nalbari and allowed the claim of the petitioner Smt. Rupsan Begum to her entitlement to get Rs. 2500/- from the opp. party, Abdus Sattar on account of Mahr (Dawer) money following her divorce by the opposite party in accordance with Mohamedan law. The learned Sessions Judge however, rejected her claim on account of her maintenance as well as her properties holding that documentary evidences on records clearly established that petitioner was paid maintenance during the period of her Iddat and that she got back all her properties received by her before and after her marriage. On perusal of the impugned order and other material...
Collector, Dewan Manik Chand Court of Wards' Estate Vs. National Insur ...
Court: Guwahati
Decided on: Jan-03-1990
S.N. Phukan, J.1. This is an appeal by the plaintiffs. The learned Asstt. District Judge, Kamrup dismissed this suit being M.S. No. 10/81 on the ground that civil Court has no jurisdiction.2. The plaintiff No. 1 is the owner of the Tea Estate which is under the management of plaintiff No. 2. A consignment of 230 chests of Tea was dispatched from the factory of the garden through the carrier namely Meghalaya Road Carrier, Defendant No. 2. It is alleged that the consignment was duly insured by defendant No. 1 to cover the transit risks. The learned trial Court dismissed the suit for want of jurisdiction keeping in view of proviso of Section 110 F of the Motor Vehicles Act, 1939.3. We have heard Mr. A.C. Sharma, learned Counsel for the appellant and also Mr. S.S. Sharma, learned Counsel for the respondent No. 1 and Mr. R.L Yadav, learned Counsel for the respondent No. 2.4; To appreciate the point involved we quote below Section 110(i) of the Motor Vehicles Act, 1939. 110 Claims Tribunals...
Employees State Insurance Corpn. Vs. Rajashri Pictures (P) Ltd.
Court: Guwahati
Decided on: Jan-02-1990
Manisana, J. 1. This is an appeal from the order of the Employees' Insurance Court, Gauhati is ESI Case 5 of 1981 made on September 21, 1982.2. The facts giving rise to this appeal, in brief, are these. Regional Office at Gauhati of the Employees' Insurance Court, Gauhati in ESI Case refer to as 'the Corporation') is the appellant. The Rajashri Pictures (Private) Limited located at Gauhati is a branch of business of the Rajashri Pictures (Private) Limited, Jaipur, Rajasthan is the respondent. The Government of Assam, in exercise of the power conferred by Section 1(5) of the Employees' State Insurance Act, 1948, for short 'the Act', issued a notification dated July 27, 1975 extending the provisions of the Act to the classes of establishments and areas specified in the Schedule annexed thereto. The Regional Director of the Corporation at Gauhati, treating the respondent as covered under the Act, issued a notice dated January 28, 1981 demanding contribution at 7% of the total wages for t...
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