Guwahati Court June 2006 Judgments
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K. Suresh and ors. Vs. Arihant Hire Purchase Co. Ltd.
Court: Guwahati
Decided on: Jun-28-2006
D. Biswas, J.1. A number of complaint cases under Section 138 of the Negotiable Instruments Act, 1881 have been instituted by the respondent M/s. Arihant Hire Purchase Co. Ltd., against the revision petitioners before the court of Additional Chief Judicial Magistrate, Kamrup at Guwahati. The complaint cases have been numbered as Complaint Case Nos. 21c/ 2002, 44c/2002, 2814c/2001, 2808c/2001, 1655c/2001, 11c/2002, 10c/ 2002, 322c/2002, 1242c/2002, 98c/2002 and 1240c/2002. The learned Magistrate, by the orders dated 30.1.2002 in Complaint Case No. 21c/ 2002 ; dated 2.2.2002 in Complaint Case No. 44c/2002 ; dated 19.12.2001 in. Complaint Case No. 2814c/2002 ; dated 19.12.2001 in complaint Case No. 2808c/2002 ; dated 4.6.2002 and 7.6.2002 sin Complaint Case No. 1655c/2002 ; dated 7.1.2002, 26.2.2002,10.4.2002 and 3.6.2002, in Complaint Case No. 11c/2002 ; dated 7.1.2002, 26.2.2002, 10.4.2002 and 3.6.2002 in Complaint Case No. 10c/2002 ; dated 22.2.2002,11.4.2002 and 4.6.2002 in Complaint...
New India Assurance Company Ltd. Vs. Lily Borah and ors.
Court: Guwahati
Decided on: Jun-27-2006
D. Biswas, J.1. This appeal is directed against the award dated 17th December, 2003 passed by the learned Member, Motor Accident Claims Tribunal, Guwahati in M.A.C. case (DJK) No. 942 of 2003. The learned Member by the impugned award directed the appellant Insurance Company to pay a sum of Rs. 8,40,460 as compensation to the claimants for death of Prafulla Borah, a Havildar of Special Branch of Assam Police on 1st July, 2002 in a motor accident involving Bus No. AS-01/D-8886. This appeal has been filed reiterating the defence of the Insurance Company in terms of Section 149(2)(a) ii of the Motor Vehicles Act, 1988.2. Mr. S.S. Sharma, learned Senior Counsel for the appellant Insurance Company submitted that the driver of the vehicle had no valid licence to drive the vehicle and, therefore, the Insurance Company is not liable to pay the compensation as ordered by the learned Member, Motor Accident Claims Tribunal. With reference to observations made in the award as well the evidence of...
Jhantu Biswas Vs. State of Assam and anr.
Court: Guwahati
Decided on: Jun-27-2006
I.A. Ansari, J.1. Based on a First Information Report lodged with the police, G.R. Case No. 597/94 was registered under Section 406 IPC against the present petitioner, as accused, the case of the informant being, briefly stated, thus: The informant, namely, Amarendra Dey, was the owner of an Ambassador car bearing registration No. ASC 9417. In course of time, the said ear came to be transferred to, and registered in, the name of the informant's nephew, Shyamal Dey (i.e. the respondent No. 2 herein). Notwithstanding the said transfer in favour of Shyamal Dey, the informant, Amarendra Dey, still retained the control and management of the said vehicle. When the informant had gone to Guwahati, his driver took, on instructions of the informant, the said car to the workshop of accused Jhantu Biswas, on 2.5.1994, for repairing and the accused told the driver to leave the car, at the said workshop, assuring the informant's driver that he (accused) would take care of the same and would send ba...
Assam Tribune (Since Dissovled) Vs. Deputy Commissioner of Income-tax
Court: Guwahati
Decided on: Jun-26-2006
P.G. Agarwal, J.1. Heard. Dr. A. K. Saraf, learned senior counsel assisted by Mr. S. Chetia appearing on behalf of the appellant, and Mr. U. Bhuyan, learned standing counsel for the respondent.2. This is an appeal under Section 260A of the Income-tax Act, 1961, for short, the Act, and it is directed against the judgment and order dated May 31, 2002, passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati, in I. T. A. No. 10(Gau) of 1997.3. The petitioner was the income-tax assessee under the Act and for the assessment year 1987-88 the petitioner was required to file its return on or before July 31, 1987, under Section 139 of the Act. However, the return of income was filed on August 25, 1992, and thereafter the assessment was completed. For the delayed filing of the return, interest under Section 139(8) of the Act was levied and the petitioner filed an application for waiver of interest under the Act and the matter was taken in revision before the Commissioner of Income-t...
Md. Amsor Ali Vs. State of Assam
Court: Guwahati
Decided on: Jun-26-2006
I.A. Ansari, J.1. By the impugned judgment and order, dated 3.8.2002, passed, in Criminal Appeal No. 30(N)/2001, the learned Sessions Judge, Nagaon, has dismissed the appeal preferred by the accused-petitioner and has upheld thereby the judgment and order, dated 24.8.2001, passed, in G.R. Case No. 1634/1999, by the learned Judicial Magistrate, Nagaon, convicting the present accused-petitioner under Section 25(1)(a)of the Arms Act, 1959, and sentencing him to suffer imprisonment for 2 (two) years.2. The case against the accused-petitioner, as unfolded at the trial, may, in brief, be described, thus : On 6.2.1999, at about 6 P.M., a search was conducted, at the house of the accused-petitioner, at Barbeel Kocharigaon. The search led to the recovery of a hand-made pistol. This pistol was, vide seizure list (Ext. 1), seized by the police in the presence of the witnesses. On 8.9.1991, an Ejahar was lodged by the Police Officer, who had seized the said pistol, and a case was registered again...
Commissioner of Income-tax Vs. George Williamson (Assam) Ltd.
Court: Guwahati
Decided on: Jun-26-2006
P.G. Agarwal, J.1. In all these appeals a common question of law raised is regarding interpretation of Clause (b) of Section 43B of the Income-tax Act, 1961, read with the second proviso to the said section and Clause (va) of Sub-section (1) of Section 36 of the said Act. The matter relates to deposit of contributions made towards provident fund, etc., after the close of the accounting period but before the due date for filling of the return of income and whether in such cases the assessees are entitled to relief under Section 43B(b) of the Act.2. Learned Counsel for both sides have submitted that the question raised in these appeals stands covered by the decision of this Court in the case of CIT v. Assam Tribune , wherein it was held that the contributions towards provident fund, etc., paid before the filing of the return by the assessees are entitled for the deduction. We also find that the above decision rendered by this Court was based on an earlier decision of this Court in the c...
Anima Sarkar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-24-2006
I.A. Ansari, J.1. By the impugned award, dated 3.3.2003, passed in MAC Case No. 218 of 2000, the learned Member, Motor Accident Claims Tribunal, Dhubri, has directed the insurer-respondent to pay, in all, Rs. 1,40,000, as compensation to the claimant-appellant.2. I have heard Mr. R.K. Agarwalla, learned Counsel for the claimant-appellant, and Mr. S Dutta, learned Counsel appearing on behalf of the insurer-respondent. None has appeared on behalf of the owner-respondent at the time of hearing of this appeal.3. The claimant's case, briefly stated, is thus: On 30-10-2000, at about 5:30 am, the claimant's son, Dilip Sarkar (since deceased), went out of the house to the road for the purpose of morning walk and at that point of time, a bus, bearing registration No. ASG-3778, came from the direction of Dubri and while proceeding towards Goalpara, the bus knocked down the claimant's said son. Though the claimant's injured son was taken to the Civil Hospital, Dhubri, he succumbed to the injurie...
Md. RaifuddIn Ahmed Alias Rickbaba Vs. Lakheswar Dutta
Court: Guwahati
Decided on: Jun-22-2006
B.K. Sharma, J.1. This application under Article 227 of the Constitution of India is directed against the order dated 10.5.2006 passed by the learned Civil Judge (Senior Division), No. 2 Kamrup, Guwahati in Misc. (3) Case No. 220/2005 refusing to condone the delay towards restoration of the suit in question which was dismissed for default.2. The petitioner as the plaintiff instituted Title Suit No. 166/2003 against the defendant, i.e., the respondent herein in respect of the suit property praying for a decree of permanent injunction restraining the defendant from interfering with the possession of the plaintiff over the suit land and for a declaration that the plaintiff has the right to possess and enjoy the suit land being the owner of the same. The defendant-respondent has responded to the notice issued in the suit by filing his written statement contending, inter alia, that the suit is bad for nonjoinder of necessary party and that the suit has been filed with false statement rega...
Nirode Ranjan Acharjee Vs. State of Tripura
Court: Guwahati
Decided on: Jun-21-2006
I.A. Ansari, J.1. Dowry is a social evil. No wonder, therefore, that the Legislature has made stringent laws to deal with the devilish acts of dowry by enacting the Dowry Prohibition Act, 1961 and incorporating, in the Indian Penal Code too, Sections 498A and 304B. Though the menace of dowry still survives, what needs to be borne in mind is that howsoever serious a charge may be against an accused, the offence, alleged to have been committed by him, must be proved in accordance with law. Gravity of an offence cannot make admissible a piece of evidence, which is, otherwise, inadmissible. It is the duty of the court to ensure that every piece of evidence, which it considered against an accused, is admissible in law, for, howsoever grave the charge against the accused may be he can be convicted only when, we must remember, he is proved guilty in accordance with law.2. By the impugned judgment and order, dated 1.2.1999, passed in Case No. S.T. 117 (WT/A) 96, by the learned Additional Sess...
Rajen Singh (A.P.S.) Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-21-2006
I.A. Ansari, J.1. The opposite party No. 3 herein, namely. Smt. Sukhasri Musahari lodged a complaint in the Court of learned Judicial Magistrate, 1st Class, Jonai, which gave rise to CR Case No. 5/99, the case of the complainant being, in brief, thus. Dead body of a horneguard personnel was found near Sirnen-Chapori Out Post. Following the discovery of the said dead body, a team of police personnel, headed by the accused-petitioner, namely, Rajen Singh, the then Sub-Divisional Police Officer, Jonai, came, on 2-2-99, at about 12.00/1.00 p.m., to the complainant's village at Sonapur, which is located at a distance of about 4 km from the place, where the said dead body was found lying, and assaulted complainant's son, namely, Raju Musahari, mercilessly, took him away after damaging various articles lying at the complainant's house and also set fire to her dwelling house. On 4-2-99, the accused-petitioner along with a team of police personnel, once again, came to the house of Dharani Basu...
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