Guwahati Court November 2006 Judgments
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Mornoi Gaon Panchayat Mahila Multipurpose Samabai Samity and anr. Vs. ...
Court: Guwahati
Decided on: Nov-30-2006
T.NK. Singh, J.1. Heard Mr. A.B. Choudhury, learned senior counsel assisted by Mr. M. Gogoi, learned Counsel appearing on behalf of the petitioner-society as well as Mr. J. Handique, learned state counsel appearing on behalf of the respondents 1 to 6.2. It appears from the record that this writ petition was moved on 30.1.2006 and on the very day, i.e., on 30.1.2006, this Court passed an order for issuing Rule with the condition that hearing of the present writ petition will be taken up in the month of March, 2006. But even after lapse of many months, the respondents have not yet filed their affidavit-in-opposition. Since this matter relates with the distribution of the PDS items, this writ petition cannot be lingered only on the ground that the affidavit-in-opposition on behalf of the respondents has not yet been filed. In this view of the matter, this writ petition is taken up for disposal without even the affidavit-in-opposition to be filed by the respondents.3. Neglecting all the d...
Bijan Roy Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Nov-30-2006
Hrishikesh Roy, J.1. The writ petitioner has come before this court to challenge the selection of respondent No. 4 to the post of Manager, Printing & Stationary Department, Government Press, Tripura and seeking a further direction for appointment of the petitioner to the said post. The said post of Manager is to be filled up on the basis of selection to be made by the Tripura Public Service Commission (hereinafter referred to as 'the TPSC) and the contention of the writ petitioner is that by virtue of holding the post of Superintendent in the same office, the writ petitioner was holding an appropriate post which makes him eligible for being considered for selection to the post of Manager. It has been contended that a recruitment process for the said post was initiated in the year 1986 and although the writ petitioner appeared in the selection held by the TPSC, the appointment did not fructify through the said process. Thereafter, the TPSC brought out an advertisement on 15.11.1997 (An...
Manash Ali Vs. State of Assam
Court: Guwahati
Decided on: Nov-30-2006
Amitava Roy, J.1. The appellant being convicted under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/, in default, to undergo rigorous imprisonment for another three months by the judgment and order dated 11.12.2002 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 25 of 2002 is in appeal.2. I have heard Mr. Z.H. Khan, learned Amicus Curiae, for the appellant and Mr. K. Munir, learned Public Prosecutor, Assam.3. On a F.I.R. being lodged on 12.11.2001 by Md. Sahar Ali before the Officer-in-charge, Dhekiajuli Police Station alleging that the accused/appellant had on 10.11.2001 and 11.11.2001 committed rape on his wife Mustt. Anowara Begum, Dhekiajuli P.S. Case No. 259 of 2001 was registered under Section 376, I.P.C. On completion of the investigation, a charge-sheet was laid against the accused/appellant under the above provision of law. The case being exclusively triable by the Cour...
Nangkhujam Mungsong and anr. Vs. Smt. Thokchom Ongbi Gambhini Devi
Court: Guwahati
Decided on: Nov-29-2006
B.D. Agarwal, J.1. The appellants are Police Officers. At the relevant time the 1st appellant, namely, Shri Nangkhujam Mungsong, was the Officer in charge of the Lamlai Police Station and the 2nd appellant, Shri Takheliambam Ibobi Singh was the armed Police Constable. In the year 1983 a case of Kidnapping a minor girl was registered against the deceased namely, Thokchom Tomba Singh, being Lamlai PS Case No. 24(6)83 under Section 366/34 of the IPC. On 13-6-1983 the Officer-in-charge of the Lamlai PS accompanied by 4 (four) police constables went to apprehend the accused/deceased, Th. Tomba Singh, in his village in connection with kidnapping case. However, seeing the police personnel, the deceased attempted to flee away from the scene. With a view to apprehend the accused the Police Constables chased the boy and all of a sudden fired few gun shots. Unfortunately, one bullet hit the accused and he was injured. Thereafter, the accused was taken to the hospital where he succumbed to the in...
Samsul HussaIn and ors. Vs. Abdul Wahid and ors.
Court: Guwahati
Decided on: Nov-29-2006
H.N. Sarma, J.1. The predecessor in interest of the appellants Mafazul Hussain filed Title Suit No. 11/82 in the Court of the learned Munsiff (as it then was) at Jorhat, against the defendants praying for their ejectment from the suit land and khas possession with recovery of the arrears of rent and compensation.2. During the course of legal proceeding the original plaintiff having expired, the present appellants were substituted. Similarly the original respondent/defendant No. 7 died without leaving any legal heir, but the suit proceeded against the surviving defendants.3. The appellants as plaintiffs instituted the suit asserting that the suit land measuring 1 K. 18 L covered by Dag No. 282, PP No. 43 of village Tiruwalgaon, Mouza-Nakachari, more specifically described in Schedule A to the plaint belongs to the appellants. The predecessor in interest of the defendants took the suit land on lease and constructed temporary houses thereon by paying monthly rent of Rs. 5.00 per month an...
Paltanbazar Municipal Corpn. Market Dealers Association and ors. Vs. R ...
Court: Guwahati
Decided on: Nov-28-2006
A. Hazarika, J.1. Both the appeals were heard together in view of the fact that, both the appeals were preferred by the Defendant Nos. 3 and 4 and 5 to 26 against the judgment and decree dated 29.10.2003 passed in Title Suit No. 1/91 by the court of learned Civil Judge (Senior Division) No. 2, Kamrup at Guwahati and they are disposed of by this common judgment.2. In R.F.A. No. 16/2004, the Defendant Nos. 5 to 26 who were impleaded vide order dated 25.6.91 in Title Suit No. 1 of 1991 before the learned Assistant District Judge, No. 1, Guwahati, are the appellants in the instant Regular First Appeal being Regular First Appeal No. 16 of 2004 on the file of this Court. The said suit was filed by Respondent Nos. 1 to 3 herein, seeking a decree that they are entitled to the release of 3K 8 Lechas of land described in schedule 'B' from acquisition in terms of agreement dated 19.1.85 and for a decree for mandatory injunction, directing the defendants to release the said land from acquisition ...
Commissioner of Income-tax Vs. Bihariji Construction (India) Ltd.
Court: Guwahati
Decided on: Nov-27-2006
D. Biswas, J.1. This appeal is directed against the order dated August 31, 2000, passed by the Income-tax Appellate Tribunal, Guwahati Bench, Guwahati, in I.T.A. Nos. 43 (Gauhati) of 1998, 391 (Gauhati) of 1998, 44 (Gauhati) of 1998, 116 (Gauhati) of 1997 and 392 (Gauhati) of 1998. The appeal was admitted by this Court on August 8, 2001, for adjudication of the following questions:1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in accepting the Commissioner of Income-tax (Appeals)' view in deleting the disallowances of share loss of Rs. 9,55,000 for the assessment year 1991-92, Rs. 1,57,000 for the assessment year 1993-94 and Rs. 2,18,700 for the assessment year 1994-95 on the ground that the transactions were done through brokers without considering the aspect of avoidance of tax payment by planning outside the frame work of law?2. Whether, on the facts and in the circumstances of the case, the 1 Tribunal was correct in holding that the investm...
Williamson Financial Services Ltd. Vs. Commissioner of Income-tax and ...
Court: Guwahati
Decided on: Nov-27-2006
P.G. Agarwal, J.1. Heard Dr. A.K. Saraf, learned Counsel for the petitioner and Mr. U. Bhuyan, learned Counsel for the respondent Income-tax Deptt.2. The appellant Williamson Financial Services Ltd. is a company incorporated under the provisions of the Companies Act 1956 and engaged in the business of manufacture and sale of tea. The appellant company filed its return of income for the assessment year 1990-91 claiming the deduction under Section 80(8)HHC and also under Section 32AB of I.T. Act. The Assessment was completed vide order dated 18.3.1993, whereby the Assessing Officer disallowed the claim of the appellant under Section 80(8)HHC on the interpretation of Rule 8(1). The full deduction under Section 32AB was also disallowed.3. Feeling aggrieved, the appellant company approached the Commissioner of Income-tax by preferring an appeal and the appellate authority granted both the reliefs to the appellant, whereupon the Revenue approached the Income-tax Appellate Tribunal, Guwahati...
State of Manipur and Ors. Vs. State Land Use Board Casual Employees' A ...
Court: Guwahati
Decided on: Nov-27-2006
I.A. Ansari, J.1. By order, dated 12.11.1993, issued by the Secretary (Revenue), Government of Manipur, the service of the members of the petitioner-association was terminated. Aggrieved by this order of termination, the petitioner-association came to this court with the help of a writ petition, which gave rise to Civil Rule No. 1071 of 1993. By judgment and order, dated 14.3.1997, the writ petition was allowed and the order, dated 12.11.1993, aforementioned was set aside and quashed on the ground that the termination of service, having been made without affording any opportunity of showing cause or hearing to the persons against whom the order was made, is illegal. Aggrieved by the order, dated 14.3.1997, the State has preferred the present appeal.2. We have heard Mr. R.S. Reisang, learned Additional Government Advocate, for the State appellants, and Mr. A. Mohendro, learned Counsel for the petitioner-association.3. While considering the present writ petition, what may be noted is th...
Dilip Dutta Bhowmik and ors. Vs. Mira Dutta Bhowmik and anr.
Court: Guwahati
Decided on: Nov-24-2006
B.K. Sharma, J.1. This appeal is directed against the judgment dated 24.5.2006 passed by the learned Additional District Judge (Court No. 2), West Tripura, Agartala in the Title Suit being T.S. (Probate) No. 01/1999 refusing to grant the Probate/Letters of Administration to the appellants in respect of the WILL in question.2. The appellant No. 1 filed the petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of the WILL dated 6.8.1997 executed by Late Bhupen Chandra Dutta Bhowmik. The petition was filed on 17.12.1997 and was registered and numbered as Case No. Misc. (Probate) 06/1997, later on renumbered as TS (Probate) 01/1999. On refusal of the executor named in the WILL to act as such and making it known by appearing before the Trial Court on 9.3.1999, the Trial Court by order dated 9.3.1999 allowed amendment of the petition so as to substitute the word 'Probate' to that of 'Letters of Administration' and accordingly the petition was treated to be a pet...
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