Guwahati Court December 2006 Judgments
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Jitendra Kumar Dhar and ors. Vs. Sibu Paul and anr.
Court: Guwahati
Decided on: Dec-11-2006
R.B. Misra, J.1. Heard Mr. A.M. Lodh, learned senior counsel assisted by Mr. M. Dutta, learned Counsel for the petitioners and Mr. K.N. Bhattacharjee, learned senior counsel assisted by Mr. S. Acharjee, learned Counsel for the respondent No. 1. None appears for and on behalf of the respondent No. 2 despite service of notice upon him.2. This is a petition/civil revision petition under Article 227 of the Constitution against the order dated 24.05.2006 passed by the learned Civil Judge (Senior Division), North Tripura, Kailashahar in Civil Misc. Case No. 5 of 2005 preferred against dismissal of execution proceeding No. 18 Ex (T) of 2001 by the decree-holders Sri Haribal Dhar and others. By the impugned order dated 24.05.2006 passed in Civil Misc. Case No. 5 of 2005 the execution case was not to continue in view of the pendency of T.S. No. 24 of 2002. Accordingly, the execution case was stayed and Civil Misc. Case No. 5 of 2005 was disposed of by the learned Civil Judge (Senior Division),...
Nambam Mangi Singh and ors. Vs. Keisham (N) Inakhunbi Devi and ors.
Court: Guwahati
Decided on: Dec-11-2006
B.D. Agarwal, J.1. This is the third round of litigation. The earlier suit was filed by the present appellant No. 1, Shri Nambam Mangi Singh. The appellants No. 2 and 3 were the proforma defendants. Respondent No. 5, Smt. Phijam (N) Nungshitombi Devi was the principal Defendant No. 1. The said suit was registered as Title Suit No. 2 of 1989. The suit was decreed in favour of the plaintiffs, which was challenged in the court of District Judge. The appeal was numbered as F.A. No. 1 of 1995. While disposing of the appeal, the suit was remanded back for fresh disposal vide judgment and order dated 16.01.1994. This remand order was assailed in the High Court vide Second Appeal No. 9 of 1996. The High Court approved the order of remand. Accordingly, the suit went back to the original court for fresh disposal. Thereafter, the suit was re-numbered as Original Suit No. 40 of 2000. This time the suit was dismissed on 31.11.2001. However, the trial Court's judgment was set aside in F.A. No. 5 of...
Archdiocese of Shillong Vs. Samuel Dkhar and anr.
Court: Guwahati
Decided on: Dec-11-2006
T. Vaiphei, J.1. This is an application under Section 24 of the Code of Civil Procedure filed by the petitioner for consolidation/amalgamation of Title Suit No. 10(SH) of 2003, Title Suit No. 9(SH) of 2003 and Title Suit No. 8(SH) of 2003 pending before the learned Assistant District Judge, Shillong and Title Suit No. 1(H) of 2005 along with Misc. Case No. 1(H) of 2005 in the file of the learned Munsiff/Shillong and thereafter transferring the consolidated suits to another Court of competent jurisdiction of Gauhati. Subsequently, the petitioner filed an affidavit before this Court in which it abandoned the prayer for transferring the consolidated suits to a Court at Gauhati and now prays for transferring the suits to the learned Additional District Judge, Shillong, in the absence of Assistant Judge District Judge at Shillong, for disposal according to law.2. I have heard Mr. N. Dutta, the learned senior counsel with Mr. S.R. Sen, the learned senior counsel appearing for the petitioner...
Niman Sonowal Vs. State of Assam
Court: Guwahati
Decided on: Dec-11-2006
I.A. Ansari, J.1. By the judgment and order, dated 19.7.2001, passed in Sessions Case No. 131/2000, by the learned District and Sessions Judge, Golaghat, the accused-appellant stands convicted under Sections 376 and 417, IPC and sentenced to suffer, for his conviction under Section 376 IPC, rigorous imprisonment for 7 years and pay fine of Rs. 5,000 and, in default, suffer rigorous imprisonment for a further period of 6 months and also suffer, for his conviction under Section 417, IPC, rigorous imprisonment for a period of one year, both the sentences having been directed to run concurrently.2. The prosecution case, as unfolded at the trial, may, in brief, be described, thus : RB is daughter of PW1 and PW2 and the accused is one of their neighbourers. When RB was aged about 14 years and a student of class VII, the accused started an affair with her by promising to marry her. In the month of January 1998, the accused came to the house of RB and, on finding her alone at home, attempted ...
Sudipta Sen Vs. Abhijit Deb Roy and ors.
Court: Guwahati
Decided on: Dec-08-2006
T. Vaiphei, J.1. This Criminal Petition which has been registered as a Criminal Revision Petition, has been filed by the petitioner for quashing the criminal proceedings in CR Case No. 673(S)2005 under Section 120B/201/468/4207477 IPC pending before the learned Chief Judicial Magistrate, Shillong.2. Heard Mr. R.P. Sharma, the learned senior counsel for the petitioner assisted by Mr. S.P. Mahanta, the learned Advocate and Mr. L.R. Das, the learned Counsel for the respondents.3. The material facts of the case are that the petitioner is the Managing Director of M/s Sarada Construction Company Private Limited, which is a private company registered under the Company Act, 1956 and is a resident of Diamond Harbour Road, Opposite Behala Tram Depot, PS. Behala, Kolkata-34, West Bengal. The respondents filed a criminal complaint against the petitioner alongwith three other accused. All the respondents are permanent residents of Shillong, Meghalaya. While the respondent Nos. 1, 2 and 3 are Colle...
Shiva Shankar Prasad Yadav Vs. Arya Samaj and ors.
Court: Guwahati
Decided on: Dec-08-2006
T. Vaiphei, J.1. The criminal petition under Section 482 the Code of Criminal Procedure, 1973 has been filed by the petitioner to quash the criminal proceedings i.e. CR Case No. 560 (S) 2006 under Sections 468/465/420/419/418 pending before the learned Chief Judicial Magistrate, Shillong.2. I have heard Mr. A.H. Hazarika, the learned Counsel for the petitioner and Mr. M.F. Qureshi, the learned Counsel for the respondents.3. The facts and circumstances leading to the filing of this criminal petition may be briefly noticed at the very outset. There is a registered Society under the name and style of Arya Samaj, Shillong, which is stated to be the sponsoring body of two schools namely, Arya Kannya Vidhalaya School, Laitumkhrah, Shillong and Arya Vidhalaya Secondary School, Jhalupara, Shillong. The case of the petitioner is that there is a dispute between the Arya Samaj and Vidhalaya, Shillong and Arya Samaj, G.S. Road, Shillong for the management of the Arya Vidhalaya Secondary School, J...
Dipti Kr. Gogoi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-08-2006
B.P. Katakey, J.1. The appellant while serving as constable, Central Industrial Security Force, Unit ONGC, Jorhat, was served with a memorandum of charge dated 20.12.1999 alleging that on 23.11.1999 at about 5.20 hours in barrack No. 8 of CISF lines, Cinamara, he assaulted Constable S.K. Das, Jorhat Sector with an iron piece thereby committed gross misconduct, indiscipline, aggression and an act unbecoming of a member of Armed Force, i.e., CISF. A further charge was also drawn against him for his failure to turn up to duty on 23.11.1999 and remaining absent without permission from the competent authority, thereby committing gross misconduct, negligence and dereliction of duty. The appellant on receipt of the charge memo submitted his reply on 31.12.1999 stating inter alia that on 23.11.1999 he went to Constable S.K. Das at about 5 AM to enquire about his deployment of duty but said Sri Das instead of giving him reply used filthy language, resulting in heated altercations between them ...
Lalthnkhum Kuki Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-08-2006
U.B. Saha, J.1. This is an appeal from the judgment and order, dated 6.12.04, of the learned single Judge, in writ petition being W.P. (C) No. 1263 of 2000, whereby and whereunder, the learned single Judge dismissed the writ petition filed by the appellant/writ petitioner under Article 226 of the Constitution impugning the order of his removal/dismissal from service.2. The facts, in brief, short for details and necessary for disposal of this appeal lie in narrow compass and are as follows: The appellant/writ petitioner joined in service as Rifleman of the 6th Battallion (for short Bn.) Manipur Rifles, and he was serving the said Battallion, since his appointment, till he was suspended, by the authority on the basis of first information report lodged by one L. Henglilal J.C. No. 238 of 6th Bn. M.R. Ukhrul, to the effect that the appellant/writ petitioner (for short delinquent appellant) had killed his own son, Master Kaminthang, aged about 5 years old, on 10.7.92, at his rented house a...
Haobijam Kenjit Singh Alias Kenedy Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Dec-08-2006
I.A. Ansari, J.1. On being arrested, on 8-7-2006, in connection with Imphal Police Station FIR No. 102(7)2006, under Sections 400/384/34 of the Indian Penal Code read with Section 17/20 of the Unlawful Activities (Prevention) Act, 2004, while the petitioner was still in custody, an order was passed, on 14-7-2006, by the District Magistrate, Imphal East, Manipur, under Sub-section (3) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the NS Act'). Based on this order, dated 14-7-2006, the petitioner was placed under preventive detention and the validity of this order, which stands impugned, in this application, made under Article 226 of the Constitution of India, by the petitioner.2. We have heard Mr. S. Jhaljit, learned Counsel for the petitioner, and Mr. N. Ibotombi, learned Central Government Counsel, appearing on behalf of the Union of India. We have also heard Mr. Th. Ghohal, learned Government Advocate, Manipur, for the State-respondents.3. Though the d...
Commissioner of Income-tax Vs. Poddar Swadesh Udyog (P.) Ltd.
Court: Guwahati
Decided on: Dec-07-2006
D. Biswas, J.1. This appeal under Section 260A of the Income-tax Act, 1961 is directed against the order dated 3.10.2002 passed by the Income-tax Appellate Tribunal, Guwahati Bench, Guwahati in I.T.A. No. 366 (Gau.) of 1995, The appeal was admitted by this court on 28.3.2003 for hearing on the following substantial question of law:Whether on the facts and in the circumstances of the case, the Tribunal was justified and correct in law in upholding the order, of the first appellate authority deleting the entire addition of Rs. 52,72,050 on account of the alleged purchase of M.S. Scraps 2. The respondent-assessee claimed a loss of Rs. 15,79,047 in the return of income filed for the Assessment Year 1992-93. The Assessing Officer by the assessment order dated 25.11.1994 disallowed purchases of raw materials in respect of nine parties amounting to Rs. 52,72,050 for alleged failure of the assessee to furnish purchase details in exercise of powers under Section 143(3). The assessee preferred ...
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