Guwahati Court February 2007 Judgments
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Rupan Kishan Vs. Narayan Das and anr.
Court: Guwahati
Decided on: Feb-28-2007
I.A. Ansari, J.1. This second appeal has arisen out of the judgment and decree, dated 30.7.2002, passed by the learned District Judge, Darrang, in Title Appeal No. 02/2000, dismissing the appeal and affirming thereby the judgment and decree, dated 09.12.1999, passed, in Title Suit No. 30/1992, by the learned Civil Judge (Sr. Division), Darrang, whereby the plaintiffs' suit for declaration of their rights, title and interest over the suit land was decreed.2. The case of the plaintiffs may, in brief, be described thus : The suit land, which was, originally, covered by Dag No. 123 of Periodic Patta No. 73/74, in village Patabill, under Orang Mouza, belonged to, and was owned by, one Smt. Konwar Gaurani, wife of Late Bhagat Singh. The plaintiffs purchased, by way of a registered sale deed, dated 23.1.1974, the suit land from Smt. Konwar Gaurani, on consideration of a sum of Rs. 6,000/- and took possession of the suit land accordingly. Having taken over possession of the land, the plaintif...
Pradip Das Vs. State of Tripura
Court: Guwahati
Decided on: Feb-28-2007
U.B. Saha, J.1. The present application under Section 438 Cr. P.C. has been filed for granting of pre-arrest bail to the accused petitioner Sri Pradip Das, who apprehends arrest in connection with the Airport P.S. case No. 76 of 2006 registered under Section 498 A/34 of the Indian Penal Code.2. I have heard Mr. Somik Deb, learned Counsel for the accused petitioner and Mr. R.C. Debnath, learned PP In-charge appearing for the respondent-state.3. The prosecution case, in short, is as under:Smt. Jolly Das, wife of the accused petitioner, lodged a complaint to the Chief Judicial Magistrate, West Tripura, Agartala stating, inter alia, that her marriage was solemnized with the accused petitioner following all the ritual formalities of the Hindu Marriage Act on 7th day of Aghrayan, 1412 B.S. (23.11.2005 A.D.) and alleging that after marriage, from the night of Chathurthamangal held on 10th Aghrayan (26.11.2005) i.e., the 4th day after the marriage, her husband, the accused petitioner started ...
Bhabananda Deka and ors. Vs. Utsab Deka and ors.
Court: Guwahati
Decided on: Feb-28-2007
I.A. Ansari, J.1. By the impugned order, dated 30.03.2000, passed, in Misc. (Probate) Case No. 47/1996, the learned District Judge, Barpeta, dismissed the case by refusing to grant probate. Aggrieved by the dismissal of their application for probate, the petitioners have preferred this appeal.2. The case of the petitioners-appellants, in the probate proceeding, was, in brief, thus: Sobharam Deka's son, Sarbananda Deka, pre-deceased his father; whereas petitioner Nos. 1 and 2 are sons of the said Late Sarbananda Deka and petitioner No. 3 his widow, petitioner No. 4 is one of the sons of Late Sabharam Deka. The opposite party to the proceeding are all sons of Late Sabharam Deka, the opposite No. 3, namely, Sri Bhogirath Deka, being one of the beneficiaries under the Will, which was executed by Late Sabharam Deka, during his lifetime, bequeathing the properties, described in the Schedule to the Will, in favour of the petitioners and opposite party No. 3. Late Sabharam Deka left his other...
Arunachal Pradesh Forest Corporation Ltd. Vs. Assistant Commissioner o ...
Court: Guwahati
Decided on: Feb-28-2007
P.G. Agarwal, J.1. All the above appeals under Section 260A of the Income-tax Act, 1961, have been heard analogously and disposed of by this common judgment and order. The appeals are in respect of different assessment years but the substantial question of law formulated is one and it reads as follows:Whether, on the facts and in the circumstances of the case, the appellant-corporation is not entitled for the benefit of exemption under Section 10(26B) of the Income-tax Act, 1961 2. We have heard Dr. A.K. Saraf, assisted by Ms. N. Hawelia, appearing for the appellants, and Mr. U. Bhuyan, learned Counsel appearing for the respondent-Revenue.3. The facts : The appellant-Arunachal Pradesh Forest Corporation Limited (for short 'the APFC'), is a company incorporated in 1977 and for the respective assessment years, the company filed its return of income wherein, the company claimed exemption under Clause (26B) of Section 10 of the Income-tax Act, (for short 'the Act'). The claim was rejected...
Safior Rahman and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-28-2007
B.K. Sharma, J.1. All the writ petitions on the same set of facts raising the same issue as to the admissibility or otherwise of the extended scale of pay as envisaged under the Assam Services (Revision of Pay) Rules 1983, have been heard together and are being disposed of by this common judgment and order.2. The petitioners except the petitioner No. 5 in W.P.(C) No. 8195/05, who is grade-IV employee of the particular school, all other petitioners are teachers of High school, Higher Secondary School and High Madrassa. Their grievance is in respect of the extended scale of pay as was provided under the ROP Rules, 1983. All the petitioners have been granted the extended scale of pay but they are aggrieved by the decision of the State Govt. to refix their pay without the benefit of extended scale of pay from the dates from which they were granted the extended scale of pay.3. The relevant service particulars of the petitioner are indicated below:Date of Date of ad hoc Date of Date of Date...
Ram Piyari Chauhan and anr. Vs. Sankar Gowala and ors.
Court: Guwahati
Decided on: Feb-28-2007
I.A. Ansari, J.1. This second appeal has arisen out of judgment and decree, dated 28.8.2002, passed by the learned Civil Judge (Sr. Division), Nagaon. in Title Appeal No. 48/2000, dismissing the appeal and affirming thereby the judgment and decree, dated 30.11.2000, passed, in Title Suit No. 73/93, by the learned Civil Judge (Junior Division), Hojai, Sankardev Nagar, decreeing the plaintiff's suit for declaration of his possessory right and continuation of possession over the suit land.2. The appeal was admitted for hearing on the following three substantial questions of law:1. Whether a Khatian holder obtaining the Khatian long after purchase of the suit land by a person may succeed in obtaining a declaration of tenancy right within the meaning of the Assam (Temporary Settled Areas) Tenancy Act, 1971, against the purchaser without proving the required formality in the matter of obtaining the Khatian or without proving the legal merit of the Khatian?2. Whether the Civil Court may act ...
Joykali Radio Stores Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Feb-28-2007
H. Roy, J.1. Heard Mr. S.C. Saha, the learned Counsel for the petitioner and Mr. J. Majumder, the learned Counsel representing the respondents.2. The petitioner, which was a partnership firm during the relevant year 1994-95, is before this Court seeking to challenge the order of assessment dated 31.5.1996, the first appellate order dated 31.10.1996 and the second appellate order dated 24.6.1997 passed under the Tripura Sales Tax Act, 1976 (hereinafter referred to as 'the Act').3. The petitioner who is a wholesale dealer in electronic goods was served with a show cause notice dated 30.5.1996 alleging that the dealer did not make payment of the full tax due under the Act within the prescribed date and accordingly an opportunity was given to show cause by next date, i.e., 31.5.1996 as to why the books produced should not be rejected and penalty and interest shall not be fastened on the dealer.4. By his reply dated 31.5.1996, the writ petitioner claimed that he has produced all the materi...
State of Assam Vs. Babul Deka
Court: Guwahati
Decided on: Feb-28-2007
A.H. Saikia, J.1. Since correctness and justification of the death sentence of Babul Deka, the appellant in Criminal Appeal (J) 104 of 2006 and the respondent in Criminal Death Sentence Reference No. 3 of 2006 hereinafter referred to as 'the appellant', awarded by the learned Sessions Judge, Nagaon in Sessions Case No. 29(N)/05 has been questioned in both the Criminal Jail Appeal and Death reference above noted, they are being taken up together for analogous hearing and are being disposed of by this common judgment and order.2. The appellant was convicted under Section 302 IPC for committing murder of late Prasanna Sarma and his wife late Minu Devi and accordingly he was sentenced to death. He was also convicted for commission of offence under Section 307 IPC for attempting to commit murder of P.W.3 Queen Sarma, P.W. 4 Shri Ashok Sarma, P.W. 5 Renu Sarma Devi, P.W. 8 Shri Rupam Sarma and P.W. 12 Tosheswar Sarma and sentenced him to undergo imprisonment for life.3. It was alleged in th...
Mamani Saikia Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-27-2007
Amitava Roy, J.1. The petitioner's grievance pertains to the perceived inaction of the respondent authorities in promoting her in a Grade III post in the establishment of the Deputy Registrar of Cooperative Societies, Nagaon or in upgrading her thereto.2. While issuing notice of motion, this Court on 19.10.2001 had directed the Deputy Registrar, Co-operative Societies, Nagaon to keep one post of LDA vacant for the petitioner.3. I have heard Mr. K.K. Mahanta, Senior Advocate assisted by Ms. M. Kataky, Advocate for the petitioner and Mr. Rahman, learned State counsel for the official respondents.4. The petitioner's account in short is that, her father, a permanent Grade IV employee in the office of the Deputy Registrar of Cooperative societies, Nagaon having died in harness a 5.1.1998, she applied for appointment on compassionate ground to a post of LD Assistant in the said office. However, due to non availability of any post in the said grade, she was appointed as a Grade IV employee i...
Smt. Dipti Doley Basumatary, Vs. Union of India (UOi) and Ors.
Court: Guwahati
Decided on: Feb-27-2007
D. Biswas, Actg. C.J.1. This batch of writ appeals arises out of a common judgment and order dated June 22, 2005, (see NEEPCO Tribal Employees' Welfare Association v. Union of India ) passed by the learned single judge of this court in Writ Petition (C) No. 200(SH) of 2001, Writ Petition (C) No. 340(SH) of 2002, Writ Petition (C) No. 14(SH) of 2004, Writ Petition (C) No. 15(SH) of 2004 and Miscellaneous Case No, 188 (SH) of 2001.2. The writ petitions were filed claiming exemption from payment of income-tax on the ground that the writ petitioners are members of the Schedules Tribes as defined in Clause (25) of Article 366 of the Constitution residing in the area specified either in Part I or Part II of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution. Precisely, the dispute raised by the writ petitioners centres around the scope and ambit of Section 10(26) of the Income-tax Act, 1961, vis-a-vis the constitutional provisions. Before the question is addressed,...
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