Guwahati Court March 2003 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.
Kailash Chandra Pareek Vs. State of Assam
Court: Guwahati
Decided on: Mar-10-2003
I.A. Ansari, J. 1. Should the High Court, in exercise of its powers under sections 397 and 401 read with Section 482 Cr.PC set aside and quash the First Information Report (FIR) as well as the investigation, which commences pursuant to the FIR, which alleges existence of suspicious circumstances indicating possibilities of preparation for commission of cognizable offences This is the basic question which this revision has raised. 2. By making this application under Section 482 read with sections 397 and 401 of the Code of Criminal Procedure, the petitioner has approached this Court seeking order(s) setting aside and quashing the First Information Report, which has resulted into registration of Paltanbazar Police Case No. 302/2002 under Sections 467, 468, 471, 472, 420 Indian Penal Code against the petitioner. 3. The First Information Report (Annexure D), which is under challenge, discloses, in brief, thus : (a) On receiving secret information about evasion of tax, a team of offic...
Sagar Samrat Gupta Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-10-2003
Ranjan Gogoi, J. 1. Heard Mr. A. Biswas, learned counsel for the petitioner and Mr. B.J. Talukdar, learned Govt. Advocate, Assam.2. A best judgment assessment under Section 17(5) of the Assam General Sales Tax Act, 1993 passed on 13.1.1997 has been challenged in the present proceeding along with the order dated 12.9,1997 passed in the exercise of revisional power declining interference with the said assessment order.3. The petitioner-firm was initially registered as a dealer under the Assam (Finance) Sales Tax Act, 1956 and the Central Sales Tax Act, 1956. After coming into force of the Assam General Sales Tax Act, 1993 with effect from 1.8.1993, the petitioner was registered under the provisions of the said Act, The petitioner-firm persistently failed to file its returns under the Act in force though several notices were issued to the petitioner-firm to file its annual returns. The default continued and eventually, on 28.6.1996, the petitioner firm filed the statement it its turnover...
35 No. Pakoria MIn Samabai Samity Ltd. Vs. Assam Fisheries Development ...
Court: Guwahati
Decided on: Mar-10-2003
A.H. Saikia, J. 1. Heard Mr. A.K. Goswami, learned counsel for the petitioner. Also heard Mr. S. Sarma, learned standing counsel appearing on behalf of the respondent Assam Fisheries Development Corporation Ltd. (for short the 'Corporation') and also heard Mr. K.N. Choudhury, learned Sr. Counsel assisted by Mr. I. Choudhury, learned counsel for the Caveator - Shri Palon Ch. Mandal, President, Katahguri Min Samabai Samiti Ltd. 2. The brief facts leading to filing this writ petition are that the petitioner was initially settled with No. 129 Haria Dublong Fishery for a period of 5(five) years with effect from 23.10.2000 to 22.10.2005. While the petitioner was enjoying the said settlement, an another society, i.e., M/s 129 Haria Dublong Meen Samabay Samity Ltd., moved this court through WP(C) No. 6001 of 2000 challenging the said settlement made with the petitioner and this court by order dated 3.1.2002 dismissed the said petition. Being aggrieved by the said dismissal of the writ petitio...
Parboti Adhikary and ors. Vs. Pradip Adhikary and ors.
Court: Guwahati
Decided on: Mar-10-2003
Amitava Roy, J. 1. The present appeal is directed against the order dated 9.2.1998 passed by the learned trail Court in Title Suit No. 3/98 rejecting the prayer for injunction made by the appellants herein, the plaintiffs in the suit.2. I have heared Mr. S K Saha, learned counsel for the appellant and Mr. H A Sarkar, learned counsel for the respondent Nos. 1 and 2.3. The present appellants/plaintiffs filed the suit praying for a decree, inter alia, for a declaration that the respondents/defendants have no right, title or interest over the suit land and for a permanent injunction restraining them from raising any construction/building or rebuilding any house thereon. The learned Court below by order dated 3.2.1998, while issuing notice to the respondents/defendants to show cause as to why the prayer for ad interim injunction as prayed for in the line of permanent injunction should not be granted, directed that status quo as regards the suit land be maintained. After the respondents/ d...
Abhinash Chandra Das Vs. Adhir Chandra Laskar
Court: Guwahati
Decided on: Mar-10-2003
Ranjan Gogoi, J. 1. This appeal with special leave under Section 378(4) of the Code of Criminal Procedure has been filed against a judgment and order of acquittal dated 22.6.1995 passed by the learned Sessions Judge, Nagaon in Criminal Appeal No. 5(N)95. By the aforementioned judgment and order, the learned Sessions Judge has set aside the conviction recorded against the present opposite party under Section 352 of the Indian Penal Code as well as the sentence imposed. Aggrieved, this appeal has been filed. 2. A perusal of the judgment and order of the learned Sessions Judge under appeal would go to show that the prosecution in support of its case had examined three witnesses including the complainant himself. Whereas the complainant has been examined as PW 1, his nephew has been examined as PW 2 and the son of the complainant as PW 3. There was a previous dispute between the complainant and the opposite party with regard to boundaries of the land in question for which reason, the le...
Y. Erabot and anr. Vs. Speaker, Manipur Legislative Assembly and anr.
Court: Guwahati
Decided on: Mar-10-2003
H.K.K. Singh, J.1. Heard Mr. Ashok Potsangbam, learned Sr counsel for the petitioners and Mr. N. Kotishwar learned counsel appearing for the respondents.2. Matter relates to Bulletin issued by the Secretary, Manipur Legislative Assembly being Bulletin Part-II dated 26.10.2002 (Axinexure A/8) which is reproduced below :'BULLETIN PART-IISaturday, October 26, 2002/Kartika 4,1924 (Saka)The following Members of the Manipur Legislative Assembly have ceased to be members of the Manipur State Congress Party due to suspension from the membership of the Manipur State Congress Party with effect from 10.10.2002.1. Shri Erabot Yumkham -15 - Wangkhei (Apex Court)2. Shri Vivek Raj Wangkhem-4 - Kshetrigao (Apex Court)The Hon'ble Speaker is, accordingly, pleased to declare them as unattached members of the Manipur Legislative Assembly with immediate effect.Sd/- The. Chourajit SinghSecretaryManipur Legislative Assembly.'3. By this Bulletin as quoted above, 2 (two) M.L.As, namely, 1) Shri Erabout Yumkha...
RafiquddIn Vs. Assam Board of Revenue and anr.
Court: Guwahati
Decided on: Mar-06-2003
B.B. Deb, J. 1. Heard learned counsel for the parties.2. This petition as virtually one under Article 227 of the Constitution of India and has been directed against the judgment dated 27.12.1996 passed by the learned Chairman, Assam Board of Revenue in case No. 176(s)/1994. The case before the Board of Revenue pertains to settlement of a land measuring 4 K 10 Ls in Dag No. 243 of Deoliakhat made by the Additional Deputy Commissioner, Sibsagar vide order dated 1.4.1992. Aggrieved by the aforesaid order of settlement, the respondent No. 4 Sri Bhai Mohammed alias Bhai Ali preferred the aforesaid appeal before the Board of Revenue. Before that he filed a petition before the Additional Deputy Commissioner seeking Review of the Settlement Order which was rejected by the Learned Addl. Deputy Commissioner vide order dated 24.8.1994. Being dissatisfied the private respondent filed the statutory appeal before the Board of Revenue and the Board of Revenue allowed the appeal, remanded the case b...
Tea Association of India Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-06-2003
B.B. Deb,J. 1. The petitioner is a registered society of tea planters and as such is very much involved in the development, growth and improvement of tea plantation and manufacturing of finished tea in Barak Valley within the State of Assam. As many as 62 member gardens have engaged themselves in different plantation and manufacturing of finished tea. In addition to payment of wages, residential amenities, health care, the tea planters are to provide ration commodities to the workmen in a subsidised rate. To meet up these contingencies, on being approached by the tea planters, the State Government in the department of Food & Civil Supplies used to allot rice, wheat etc. time to time from the quota meant for public distribution system. The petitioner had been allotted 406 mt. of wheat in the month of March, '97. The respondent Nos. 3 to 5 were supposed to supply the allotment, but they did not. As a result, the petitioner had to purchase the required quantum of wheat from open market a...
Swarna Kalita Alias Jan Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-06-2003
B.B. Jain, J. 1. By this petition under Article 226 of the Constitution of India, the mother of the deceased Prasanta Kalita sought for adequate compensation for custodial death of her son on 21.10.1999.2. In short compass, the petitioner's case is that on 2.10.1999, her son, namely, Prasanta Kalita was arrested by the Police in connection with Mathurapur PS case No. 42/99 The Police took him on remand and on expiry of remand her son was sent to Jail. During Police custody on the prayer of the Police officials her son was shown arrested in other cases, namely, Sonari PS case No. 52/99 under Section 394 IPC Sonari PS case No. 108/95 under Section 395 IPC and Mathurapur PS case No. 96/99. He was further shown arrested in connection with Moranhat PS case No. 73/99 under Section 395 IPC and another two cases of the said Police station being 13/99 under Section 392 IPC and 96/99 under Section 392 IPC. Though the deceased had been shown arrested in a good number of cases as mentioned above...
Md. Asanaque Ali and anr. Vs. State of Assam
Court: Guwahati
Decided on: Mar-06-2003
I.A. Ansari, J.1. This is an appeal against the judgment and order, dated 31.8.1996, passed by the learned Sessions Judge, Barpeta, in session case No. 277 95, convicting the accused appellants under Section 366/34 IPC and sentencing the accused/appellant No. 1 to undergo rigorous imprisonment for two years with a fine of Rs. 1000 and in default of payment of fine, the accused appellant No. 1 shall undergo further rigorous imprisonment for three months and sentencing the accused appellant No. 2 to undergo rigorous imprisonment for one year and a fine of Rs. 500 and in default, rigorous imprisonment for a further period of three (3) months.2. The case against the accused, as unfolded at the trial, may, in brief, be stated as follows :The informant, namely, Ranjit Roy's minor daughter, Baby Rani Roy @ Silu, was found missing from her house in the evening of 9.11.1986 from the Village Kalpani at Barpeta Road. After three days of unsuccessful search, the informant lodged, on 12.11.1986, a...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- Next ›
- Last »