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Guwahati Court July 2006 Judgments

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Jul 26 2006

P.K. Sethi Vs. Commissioner of Income-tax

Court: Guwahati

Decided on: Jul-26-2006

P.G. Agarwal J.1. Heard Mr. D.K. Mishra, learned senior advocate appearing for the appellant, and Mr. U. Bhuyan, learned Counsel for the Income-tax Department.2. This is an appeal under Section 260A of the Income-tax Act, 1961, directed against the order dated March 15, 2002, passed by the Income-tax Appellate Tribunal, Guwahati, in I. T. A. No. 476(Gau) of 1993.3. For the assessment year 1989-90, the assessee Mohanlal Sethi of Paona Bazar, Imphal (since deceased and at present represented by a legal heir Pramod Kumar Sethi), filed a return before the Income-tax Officer showing the total income of Rs. 69,408. The assessee had also shown investment in land and building amounting to Rs. 12,18,750. The assessee disclosed certain amounts as loan from family members and relations and the assessing authority holding, inter alia, that out of the said loan a sum of Rs. 8,35,000 on account of loan is not genuine and accordingly it was added as income of the assessee.4. The said assessment orde...


Jul 26 2006

Abdul Basit Vs. Registrar, Co-operative Societies, Government of Tripu ...

Court: Guwahati

Decided on: Jul-26-2006

A.B. Pal, J.1. The petitioner was appointed as Manager of Pally Mangal Prathamik Krishi Samabay Samity Ltd. (for short, 'Samity'), a Cooperative Society registered under the Tripura Co-operative Societies Act, 1974 (for short, 'Act') by the President of the said Samity on a fixed monthly pay of Rs. 175 following which he joined the post on 10.8.1979. The appointment of the petitioner had the approval of the Government of Tripura which was indicated to the said Samity by the Registrar of Co-operative Societies (respondent No. 1) by letter dated 24.7.1979. Since 10.8.1979 when he joined the post, the petitioner served the Samity uninterruptedly for a period of 16 years whereafter due to certain ailments, he had applied for leave from 5.9.1996 to 30.9.1996 to the President of the Samity. The said leave application was not acted upon and, therefore, on 23.9.1996, the petitioner submitted another application whereafter the President (respondent No. 2) on the body of the said application s...


Jul 26 2006

Swapan Kumar Das Vs. Maya Rani Dutta

Court: Guwahati

Decided on: Jul-26-2006

A.B. Pal, J.1. By this appeal the judgment dated 6.1.2000 passed by learned District Judge, West Tripura, Agartala in Title Suit (Divorce) 52 of 1994 refusing to dissolve a marriage has been put under challenge by the appellant husband.2. The marriage which was sought to be dissolved by the appellant was solemnised on 13.12.1990 with the respondent herein in her parents' house at Ramnagar Road No. 5, Agartala. The husband comes from the same Town having his house at Joynagar. At the time of marriage while the husband was posted at Agartala as Inspector, Sales Tax Department under the Government of Tripura, the wife, also a Government servant, was posted at Sabroom in South Tripura District. After the marriage, the couple peacefully and happily ushered into the conjugal bliss of their lives, but without continuity as they were serving in different places. Only on holidays or by taking leave they could enjoy the conjugal bliss in the house of the appellant husband. After few months, in ...


Jul 26 2006

S. Kahaowon Vs. Union of India (Uoi) and ors.

Court: Guwahati

Decided on: Jul-26-2006

T.N.K. Singh, J.1. Heard Mr. R. Daniel, learned Counsel for the petitioner, Mr. C. Komal, learned CGSC for respondent Nos. 1 to 7 and Mr. Th. Ibohal, learned GA for the respondent No. 8.2. It is said that the petitioner is the only legal wife of late S. Paisho, who was a member of the VVF (Village Volunteer Force). Late Shri S. Paisho joined VVF in the year 1983 and later on promoted to the post of Sector Leader.3. On 11.3.1996 at about 3/4 a.m. the 20th Assam Rifles Post at Huishu Village, i.e. the petitioner's village was attacked by members of the NSCN (IM). On being attacked by the members of the NSCN (IM) at the 20th Assam Rifles Post at Huishu Village, the petitioner, her husband late S. Paisho along with members of their family members namely--(i) Smt. S. Kahaowon W/o (L.) S. Paisho (Petitioner)(ii) Miss S. Khachungla (daughter, 23 years,(iii) Miss S. Lean (daughter 20 years),(iv) Mr. S. Bijoy (son) 16 years.(v) Mr. S. Ningam (son) 14 years.and other villagers of Huishu village...


Jul 25 2006

Jadu Gopal Dutta Vs. State of Tripura and ors.

Court: Guwahati

Decided on: Jul-25-2006

T. Vaiphei, J.1. We have extensively heard Mr. P.K. Biswas, the learned Counsel for the petitioner and Mr. S. Das, the learned Special Public Prosecutor, assisted by Mr. K.K. Pal, the learned Counsel for the respondents.2. The sole question which falls for consideration in this revision petition is whether the learned Sub-Divisional Judicial Magistrate, Belonia, has properly exercised his jurisdiction in allowing the prosecution to withdraw the criminal case, i.e., GR No. 390 of 1988 (Belonia P.S. Case No. 15(10)/88) under Sections 148/149/326/114 IPC from prosecution and discharging the respondent Nos. 2 to 10 from the case.3. The petitioner is the informant/complainant of the aforementioned case. According to him, on 13.10.1988 at 11.30 hours, he lodged a written complaint to the Officer-in-charge of Manpathar Police Outpost of Belonia stating that on 12.10.1988 at about 1100 hours, Shri Sreedam Paul, ADC Member came to the party office of the CPI(M) at Birchandranagar Market along ...


Jul 25 2006

Mira Boro Vs. New India Assurance Co. Ltd. and ors.

Court: Guwahati

Decided on: Jul-25-2006

I.A. Ansari, J.1. This appeal, made under Section 173 of the Motor Vehicles Act, 1988 ('the MV Act'), is directed against the award, dated 12.3.2004, passed, in MAC Case No. 257/2002, whereby the learned Motor Accident Claims Tribunal, Kamrup, Guwahati, has held the claimant-appellant entitled, in all, to a sum of Rs. 5,22,000.00, as compensation with interest at the rate of 9 per cent per annum from the date of filing of the claim petition.2. I have heard Mr. P.C. Dey, learned Counsel for the claimant-appellant, and Mr. A. Ahmed, learned Counsel, appearing on behalf of the insurer-respondent.3. The case of the claimant-appellant is, in brief, thus : On 20.9.2001, while the claimant's son, Niranjan Boro alias Moon (since deceased), accompanied by Dipjyoti Mahanta and Horen Choudhury, was proceeding in a Maruti Gypsy, bearing registration No. AS-01-A-2900, driven by Dipjyoti Mahanta, from Gauhati Medical College compound to Jorabat, the said vehicle, due to rash and negligently driven ...


Jul 25 2006

Rajesh Sah Vs. State of Assam

Court: Guwahati

Decided on: Jul-25-2006

I.A. Ansari, J.1. This appeal is directed against the judgment and order, dated 15-12-1997, passed by the Sessions Judge, Dhemaji, in Sessions Case No. 53(JN)/1996, under Sections 307 IPC, convicting the accused-appellant under Section 307 IPC and sentencing him to undergo rigorous imprisonment for 10 years and pay fine of Rs. 3,000 and, in default of payment of fine, suffer rigorous imprisonment for a period of two years with further direction that the amount of the fine, if and when realized, shall be paid to the victim as compensation.2. I have heard Mr. K.R. Surana, learned Counsel for the accused- appellant, and Mr. V.S. Sinha, learned Additional Public Prosecutor, Assam.3. The case of the prosecution may, in brief, be described as follows:On 17.6.1996, at about 12.15 PM, while Laxmi Gupta, a student of Class VI, was drinking water outside her class room, but within the compound of her school, the accused, a student of Class IX of the very school in which Laxmi Gupta used to read...


Jul 21 2006

Thangnam Khongsai and anr. Vs. Union of India (Uoi) and anr.

Court: Guwahati

Decided on: Jul-21-2006

I.A. Ansari, J.1. This is an application made, under Section 439 Cr.P.C., seeking bail for the accused, namely, Shri Thangnam Khongsai, in connection with Customs Case No. 7/CL/NARC/AS/GAU/05-06, under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.2. Perused the above application and materials on record. Perused also the relevant case diary.3. Heard Mr. Ml Sharma, learned Counsel for the accused, and Mr. D.C. Chakravorty, learned Central Government counsel.4. Before I deal with the present application, it is necessary to take note of certain facts, which are not in dispute. The accused abovenamed was arrested, on 11.12.2005 for an offence allegedly committed by him under Section 20(b)(ii)(c)of Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act'). The accused made an application for bail in the Court of Sessions Judge, Kamrup, Guwahati, on 13.6.2006. This prayer was rejected, on 22.6.2002, by the learned Sessions Judge, Kamrup, on the...


Jul 21 2006

Faizur Rahman and ors. Vs. Chandra Kanta Modi

Court: Guwahati

Decided on: Jul-21-2006

P.G. Agarwal, J. 1. Heard Mr. B.K. Goswami, learned senior Advocate assisted by Mrs. T. Goswami appearing on behalf of the petitioners and Mr. N. Choudhury, learned Counsel for the respondent.2. The brief facts, leading to the present revision, are that the O.P. Chandra Kanta Modi, hereinafter, referred to as the plaintiff, for the convenience sake, instituted M. S. No. 23/93 for recovery of Rs. 40,000/-being the loan taken by Mafizuddin Ahmed. The present petitioners who are defendants in the said suit were arrayed as parties being the legal heirs of Late Mafizuddin Ahmed. The suit was decreed ex parte on 13-6-94 and thereafter, the plaintiff instituted Money Execution Case No. 24/95 for execution of the decree passed in Money Suit No. 23/93. In the said execution case, total land measuring 4-1/2 Lechas covered by Dag Nos. 1579 and 1602 was attached and thereafter in the consequent sale, the plaintiffs after obtaining necessary permission, purchased the said land in auction on 6-12-9...


Jul 21 2006

Rukumoni Basumatary and ors. Vs. Central Board of Secondary Education ...

Court: Guwahati

Decided on: Jul-21-2006

B.P. Katakey, J.1. Nine students of Oxford Public School, Maligaon, respondent No. 3, which is a unaffiliated school, by this writ petition has prayed for a direction to the Central Board of Secondary Education (in short CBSE) to allow 28 candidates of the said school to appear in the All India Senior School Certificate examination through any school affiliated by CBSE in Guwahati and to declare the results of the same. An interim order was also prayed for directing the CBSE to allow those candidates of 2006 through any CBSE affiliated school in Guwahati. A learned Single Bench of this Court vide order dated 24.02.2006 passed an interim order directing the CBSE and its Regional Officer to allow those 28 candidates in the said examination but directed and said authority to keep the result withheld until further direction from this Court. By another order dated 28.02.2006 another interim direction was issued continuing the earlier interim order dated 24.02.2006.2. The facts in brief is ...


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