Guwahati Court August 2005 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.
State of Assam Vs. Bishnu Prasad Sinha and anr.
Court: Guwahati
Decided on: Aug-31-2005
D. Biswas, J.1. By this common judgment, we propose to dispose of Criminal Death Reference No. I/2005, Criminal Appeal No. 20(J)/2005 and Criminal Appeal No. 21(J)/2005.2. The Criminal Death Reference has arisen out of the judgment of conviction and sentence awarded in Sessions Case No. 198(K)/2002. The learned Sessions Judge, Kamrup, Guwahati on conclusion of trial in the aforesaid case, convicted the appellants namely, Sri Bishnu Prasad Sinha and Sri Putul Bora under Section 376(2)(g)/302/201 read with Section 34 of the Indian Penal Code and sentenced both of them to be hanged by neck until death. The learned Sessions Judge made the reference under Section 366 of the Code of Criminal Procedure for confirmation. Criminal Appeal No. 20(J)/2005 has been preferred by the accused Sri Bishnu Prasad Sinha whereas Criminal Appeal No. 21(J)2005 has been preferred by Sri Putul Bora challenging the aforesaid judgment.3. We have heard Mr. P. Kataky, learned amicus curiae in Criminal Appeal No. ...
D.M. Engineering Vs. Cit
Court: Guwahati
Decided on: Aug-29-2005
D.A. MEHTA, J.The Tribunal, Ahmedabad Bench "C" has referred the following questions under section 256(1) of the Income Tax Act, 1961 (the Act), both at the instance of the revenue and the assessee :At the instance of the revenue :"Whether, on the facts and in the circumstances of the case, the Tribunal was right in deleting the addition in respect of first two cheques for Rs. 50,000 and Rs. 1,50,000, respectively ?"At the instance of revenue (sic-Assessee) :"(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in confirming the addition in respect of last two cheques for Rs. 1,50,000 and Rs. 1,25,000, respectively ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in rejecting the assessee's contention that the amount could be taxed if at all only in assessment year 1975-76 on financial year basis as unexplained investment under section 69 of the Act ?"2. The assessment year is 1976-7...
National Insurance Co. Ltd. Vs. Bikram Kumar Das and anr.
Court: Guwahati
Decided on: Aug-29-2005
B.P. Katakey, J.1. The writ petitioner Insurance Company by the present writ petition has sought to invoke the jurisdiction of this Court under Article 227 of the Constitution of India by challenging the judgment and award dated 4.4.2005 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in Case No. T.S.(MAC) 225/2003 whereby an amount of Rs. 3,80,000 with interest at 6% per annum from the date of filing of the claim petition till the date of realisation, if the amount is deposited within 2 months or to pay interest at 9% per annum if the said awarded amount is not deposited within the said period of two months.2. A claim petition was filed by Smti. Laxmi Adhikari on behalf of her husband Kartik Adhikari under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 12,00,000 for the injuries sustained by her husband in a motor accident occurred on 17.12.2002 involving the motor vehicle bearing registration No. TR-03-7834 (Motor Cycle...
Debasish Basu Vs. Jayanta Bikash Dhar Alias Jayanta Dhar
Court: Guwahati
Decided on: Aug-26-2005
B.P. Katakey, J.1. This revision petition is directed against the order dated 28.2.2005 passed by the learned Civil Judge (Senior Division), North Tripura, Kailashahar in Money Suit No. 2 of 2003 directing that the question of territorial jurisidiction raised by the defendant revision-petitioner shall be decided at the time of final hearing after taking evidence from both the sides.2. The fact leading to the filing of the present revision petition is that the respondent here in filed Money Suit No. 2 of 2003 against the petitioner here-in as defendant in the Court of Civil Judge (Senior Division), North Tripura, Kailashahar prating for passing a decree for Rs. 4,30,000 along with further compensation @ 18% per annum against the outstanding dues/debts payable by the defendant to the plaintiff, stating, inter alia, therein that the defendant issued a cheque dated 18.2.2000 in favour of the plaintiff on State Bank of India, Kailashahar Branch amounting to Rs. 4,30,000, which cheque was b...
Rameswar Hazarika Vs. State of Assam
Court: Guwahati
Decided on: Aug-26-2005
P.G. Agarwal, J.1. Heard Mr. D. Mazumdar, learned Counsel for the petitioner and Ms. A. Begum, learned Public Prosecutor, Assam.2. The complainant, Smt. Mayuri Baruah, was a Junior Sales Officer at the Jakhlabandha Branch of JVG Finance Ltd., hereinafter referred to as the 'Company' and she had filed a written complaint on 25.7.1998 stating, inter alia, that she was appointed in the said Company on 7.10.1996 on commission basis and she had enrolled about 16 nos. of customers under the 13 months Recurring Deposit Account Scheme of the Company. The petitioner-Rameswar Hazarika, was the Branch Manager of the said Branch. She used to collect money from those customers on monthly basis and used to deposit at the Branch. The Company was required to refund the amount along with interests on the expiry of the term but when the time for repayment came, the company failed to pay back the money and the Manager of the Company, Rameswar Hazarika was hiding himself. Police registered G.R. Case No. ...
The Nagaland Bar Association Vs. the State of Nagaland and anr.
Court: Guwahati
Decided on: Aug-25-2005
I.A. Ansari, J.1. Have heard Mr. A. Zhirnomi, learned Counsel for the petitioner, and Mrs. Y. Longkumer, learned Govt. Advocate, appearing for the respondents.2. Lamented George Bernard Shaw in his preface, entitled 'Preface on Bosses', written for his play The Millioneress'. 'The law is equal before all of us, but we are not all equal before the law'. Lest this epitaph on the justice delivery system does not turn into an absolute reality or becomes a permanent feature of the judicial administration, imperative it is that justice delivery system be one, which ensures to its people reasonable, fair and just procedure. Can a Justice delivery system be regarded fair, just and reasonable, if the Advocates, as a class, are excluded, as a whole, from the justice delivery system itself The answer to this question has to be an unhesitant and emphatic 'no', for when Advocates are regarded as Officers of the Court the Advocates, as a class, become an integral and inseverable part of the judicia...
Md. Kalim Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-25-2005
Ranjan Gogoi, J.1. Heard Mr. M.U. Mahmud, learned Counsel for the petitioner and Mr. K.N. Choudhury, learned Additional Advocate-General, Assam, appearing for the State.2. Two separate orders of assessment dated March 31,1999 determining the liability of the petitioner to tax under the provisions of the Central Sales Tax Act, 1956 and also under the Assam General Sales Tax Act, 1993, is the subject-matter of challenge in the present writ petition. By the aforesaid assessment orders the petitioner-assessee has been found to be liable to payment of tax under the Central Sales Tax Act as well as Assam General Sales Tax Act on the transactions relating to the sale of hides and skins. The assessments in question were completed under Section 17(6) of the Assam General Sales Tax Act, 1993 read with Section 9(2) of the Central Sales Tax Act, 1956 and Section 17(5) of the Assam General Sales Tax Act, respectively.3. Mr. Mahmud, learned Counsel for the petitioner, in support of the challenge ma...
Ajit Borah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-24-2005
A.H. Saikia, J.1. Heard Mr. S. Das, learned Counsel for the petitioner and Mr. T.C. Chutia, learned Standing counsel, Board of Secondary Education, Assam (for short, 'SEBA') on behalf of official respondents.2. The case of the petitioner in the instant writ petition is that his son appeared in last H.S.L.C. Examination, 2005 under Roll- BO5 -217 and No. 0081 and after announcement of the result, his son secured 84% aggregate marks as per the mark-sheet in the said examination. That shocked the petitioner, as his son expected to obtain more than 97% in Advance Mathematics, 93% in Social Studies, 88% in General Mathematics and 90% in General Science. Since the marks obtained by him in those subjects were much less than his expectation, his son submitted an application before the Respondent No. 2, SEBA on 7.6.2005 for re-examination of his answer scripts of General Science, Social Studies and Advance Mathematics by depositing the requisite fees as per Board's Rules. After re-examination,...
Viyiho Sema and ors. Vs. State of Nagaland and anr.
Court: Guwahati
Decided on: Aug-24-2005
I.A. Ansari, J.1. I have heard Mr. LA. Talukdar, learned Counsel for the petitioners, and Mr. L.S. Jamir, learned Government Advocate, Nagaland, appearing on behalf of the State respondents. None has appeared on behalf of the private respondents.2. By this common judgment and order, I propose to dispose of the two writ petitions, namely, WP(C) No. 126(K)05 and WP(C) No. 127(K)05, for, on the request of the learned Counsel for the parties, both the writ petitions have been heard together inasmuch as the same involve identical facts, raise common questions of law and the decision in any of the two writ petitions may have a bearing on the out come of the other writ petition.3. The material facts and various stages, which have given rise to this writ petition, may be set out, in brief, as follows:(i) The petitioner No. 1 in WP(C) No. 126(K)/05, namely, Sri Viyiho Sema, filed a writ petition, which give rise to WP(C) No. 10347/03, against the respondents seeking, inter alia, issuance of ap...
Sadou Asom Puthi Prakasak Aru Bikreta Sangtha and anr. Vs. State of As ...
Court: Guwahati
Decided on: Aug-24-2005
I.A. Ansari, J.1. By this common judgment and order, I propose to dispose of both the writ petitions enlisted above, namely, WP(C) Nos. 7905/2004 and 8620/ 2004, for, both these writ petitions have been heard together on the request made by the learned Counsel for the parties and, as conceded by the learned Counsel for the parties, the decision in any of the two writ petitions would have great bearing on the out-come of the other writ petition inasmuch as both these writ petitions are closely interlinked and the writ petitioners in both the writ petitions claim to represent the same registered society.2. The undisputed facts, Which emerge from the records, are that Sadou Asom Puthi Prakasak Aru Bikreta Sangtha, which is also popularly known as the All Assam Book Sellers and Publishers Association, is a society, (hereinafter referred to as 'the said Society'), established in the year 1973, with the object of promoting culture and literature in the society and it organises and conducts ...
- ‹ Prev
- 2
- 3
- 4
- 5
- Next ›
- Last »