Guwahati Court July 1994 Judgments
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Pranami Dutta Mazumdar Vs. Prasanta Kumar Choudhury
Court: Guwahati
Decided on: Jul-29-1994
J.N. Sharma, J.1. This application under Section 24 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure has been filed by the wife Smt. Pranami Dutta Mazumdar praying for transfer of Title (Divorce) Suit No. 1/94 from the Court of the District Judge, Dibrugarh to Guwahati. The brief facts are as follows:2. The petitioner and the Opp. party were married on 9.12.92 at Guwahati according to Hindu Rites. The marriage was negotiated one. That there arose misunderstanding and clashes between the parties and the petitioner tried to come back to Guwahati from Dibrugarh. The petitioner was expecting that her husband would come to Gauhati and take her back but the husband did not turn up. In the meantime, the petitioner has got herself admitted in a computer course in Delhi where at present she is studying. That the husband filed a Title (Divorce) Suit No. 1/94 in the Court of the District Judge, Dibrugarh. praying for the dissolution of the marriage under Sectio...
C. Kharkrang Vs. Nikhilesh Bagchi and ors.
Court: Guwahati
Decided on: Jul-26-1994
M. Sharma, J.1. This revision petition has arisen against the judgment and decree dated 26.11.90 passed by the Additional Deputy Commissioner/District Judge, Shillong in Title Civil Appeal No. 7(T) of 1985, against the judgment and Decree dated 1.7.85 passed by the Assistant to the Deputy Commissioner Shillong in Title Suit No. 9(T) of 1976.2. This revision petition relates to question of title and interest over the suit land by the parties on the basis of claims emerging from right under the customary law. Before going to decide the claim and counter claim over the suit land by the contesting parties on the basis of customary law or general law, the case of the parties has to be traced out from the long past.3. The opposite party No. 1 as plaintiff No. 1 is the holder of General Power of Attorney and the opposite party No. 2 (Plaintiff No. 2) is the purchaser to whom this plaintiff No. 1 has transferred the property in dispute. The plaintiff No. 1 alongwith his brother was given the ...
R.C. Malpani Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Jul-26-1994
1. At the instance of this court, the Tribunal has referred the question for the opinion of this court. 2. For the assessment year 1970-71, the Assessing Officer completed the assessment of the assessee in the status of a Hindu undivided family. The assessment was completed under Section 143(3) of the Income-tax Act, 1961, and the return was filed showing an income of Rs. 17,000 on May 31, 1971. In the assessment order, the Income-tax Officer considered the income of the assessee from Hindusthan Saw Mill and from contract works. In respect of income from house property, the Income-tax Officer mentioned that the assessee had shown Rs. 9,500 as income from other sources. This related to the rent in respect of a hangar (godown) let out to thesupply department. The income was computed at Rs. 14,583. There was another properly stated to be in the name of the wife of the karta, Smt. Ganga Devi. The Assessing Officer mentioned that the assessee-Hindu undivided family consisted of the karta,...
Md. Mukibar Rahman Vs. Md. Islam Ali and ors.
Court: Guwahati
Decided on: Jul-12-1994
A.K. Patnaik, J.1. These two appeals are directed against the judgment and award dated 20.7.1992 of the learned Member, Motor Accidents Claims Tribunal, Kamrup, Guwahati, in M.A.C. Case No. 17 (K) of 1975.2. The facts of the case are that one Md. Nazimuddin was a driver of bus No. ASK 9622. On 8.8.1975 when the said vehicle was stationary at Uttarkuchi bus stop and he was doing some mechanical work under the said vehicle, bus No. ASK 3905, while being backed, ran over him and he succumbed to injuries. As compensation for his death, a claim petition was filed by Hakimi Bibi, his wife, claiming an amount of Rs. 1,00,000/-. But during the pendency of the said claim case Hakimi Bibi died and was substituted by one Md. Faizur Rahman being the legal guardian of Monowara Begum, minor child of the deceased Nazimuddin. The claim petition was initially dismissed by a judgment delivered in the year 1983, but on an appeal being preferred against the said judgment before this Court, by judgment d...
Saligram and Co. and anr. Vs. Deputy Commissioner of Taxes and ors.
Court: Guwahati
Decided on: Jul-08-1994
J.N. Sarma, J.1. This application under Article 226 of the Constitution of India has been filed praying the following reliefs :(i) To cancel/recall and forbear from giving effect to the order dated December 28, 1989, annexure VIII passed by the respondent No. 1, Deputy Commissioner of Taxes, Assam, Gauhati, dismissing the revision petition of the petitioner-firm.(ii) To cancel, etc., the notice dated September 29, 1989 issued by the Superintendent of Taxes, annexure IX, to the writ application.(iii) To cancel, etc., the direction directing the petitioner to appear for verification of books of account, and(iv) To declare the order of seizure of the books of account dated September 19, 1990 illegal and void.The brief facts are as follows :On September 8, 1989 notice was issued under Section 33(1) of the Assam Finance (Sales Tax) Act, 1956, by the Superintendent of Taxes, Dibrugarh, directing the petitioner to produce the books of account and documents for the periods ending March 31, 19...
New India Assurance Co. Ltd. Vs. Birendra Mohan De and ors.
Court: Guwahati
Decided on: Jul-01-1994
S. Barman Roy and N.G. Das, JJ.1. This appeal by the insurance company, namely, the New India Assurance Co. Ltd., is directed against the award dated 19.12.1991 passed by the learned Motor Accidents Claims Tribunal, West Tripura, Agartala, in T.S. (M.A.C.T.) 114 of 1989.2. We have heard Mr. P.K. Dhar, learned counsel appearing on behalf of the appellant, Mr. K.N. Bhattacharjee, learned senior counsel for the owner and driver, namely, respondent Nos. 3 and 4 and Mr. A. Chakraborty, learned senior counsel appearing on behalf of the respondent Nos. 1 and 2, namely, the claimant-respondents.3. To appreciate the contentions advanced before us by the learned counsel for the parties, the facts relevant for the purpose may be shortly stated as under:On 19.7.1989 at about 10.15 a.m. a motor accident took place at a place called Bordowali (Bhattapukur) in front of the house of one Sunil Ranjan Dutta Majumdar and as a consequence of that motor accident in which the vehicle TRY 37 was involved, ...
The New India Assurance Co. Ltd. Vs. Birendra Mohan De and 3 ors.
Court: Guwahati
Decided on: Jul-01-1994
S. Darman Roy, J.1. This appeal by the Insurance Company, namely, the New India Assurance Co. Ltd. is directed against the award dated 19.12.1991 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MACT) 114 of 1989.2. We have heard Mr. P.K. Dhar, learned Counsel appearing on behalf of the appellant, Mr. K.N. Bhattacharjee, learned Senior Counsel for the owner & driver, namely, respondents Nos. 3 & 4 and Mr. A. Chakraborty, learned Senior Counsel appearing on behalf of the respondents Nos. 1 and 2, namely, the claimant respondents.3. To appreciate the contentions advanced before us by the learned Counsel for the parties, the facts relevant for the purpose may be shortly stated as under:On 19.7.1989 at about 10.15 a.m. a motor accident took place at a place called Bordowali (Bhattapukur) in front of the house of one Shri Sunil Ranjan Dutta Majumder and as a consequence of that motor accident in which the Vehicle TRY-37 involved, 3 persons were killed. ...
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