Guwahati Court August 2007 Judgments
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Malati Das Baruah Vs. Hiren Das
Court: Guwahati
Decided on: Aug-24-2007
Aftab H. Saikia, J.1. Heard Mr. M.U. Mahmud, learned Counsel for the applicant and Mr. B.B. Gogoi, learned Public Prosecutor, Assam.2. By this Misc. application, the petitioner has sought for rejection of the bail prayer made in the related Bail Application No. 2865/07 in connection with Khetri PS. Case No. 88/07 registered under Sections 498(A)/34 IPC along with the following prayer:In the premises stated above, it is therefore, most respectfully prayed that your lordship would graciously be pleased to admit this petition and reject the bail application vide B.A. No. 2865/07 prayed by the Accused/ Petitioner in connection with Khetri P.S. Case No. 88/07 under Section 498(A)/34 I.P.C and/or pass such other order/orders as your Lordship may deem fit and proper for the end of justice;3. On meticulous scrutiny of the averments made in this miscellaneous application, this Court is of the view that it does not disclose the essential grounds as settled for cancellation of the bail prayer un...
Tripura Board of Wakf Vs. Ayasha Bibi
Court: Guwahati
Decided on: Aug-22-2007
B.K. Sharma, J.1. Heard Mr. D. Chakraborty, learned Counsel for the petitioner, Also heard Mr. B. Das, learned Sr. Counsel assisted by Mr. D. Chakraborty, learned Counsel representing the respondent.2. The petitioner, Tripura Board of Wakf represented by its Secretary, has filed this writ petition under Article 226/227 of the Constitution of India making a challenge to the orders passed in the proceedings initiated by the respondent, who is a Muslim woman, for payment of maintenance.3. The respondent herein had approached the Wakf Board by her application submitted in June, 1990 claiming maintenance as per the provisions of Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. In the petition, it was contended that she has been divorced by her husband making her destitute without any means of livelihood. It was stated in the petition that after such divorce and desertion by the husband she had been living along with her son in penury. As regards her relatives, ...
Siddhartha Debbarma Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Aug-22-2007
B.K. Sharma, J.1. Heard Mr. S. Talapatra, learned Sr. Counsel assisted by Mr. B. Banerjee, learned Counsel for the petitioner. Also heard Mr. D.C. Nath, learned Counsel for the State respondents.By means of this writ petition, the petitioner has called in question the determination of seniority of the private respondents over him in the cadre of Accountant. According to the petitioner, he having been declared senior in the substantive grades of Lower Division Clerk (LDC) and Upper Division Clerk (UDC), in the cadre of Accountant the private respondents could not have been shown senior to him.2. Adverting to the fact of the case, the petitioner and the private respondents were appointed as LDC by Annexure-2 order dated 28.8.82. The tentative seniority list of LDC was published on 23.8.83 and admittedly the petitioner was shown senior to the private respondents. The tentative seniority list was finalized by publishing the final seniority list as on 15.7.87. In the final seniority list a...
Bhikamchand Betala and Sons Vs. Income-tax Officer
Court: Guwahati
Decided on: Aug-21-2007
A. Hazarika, J.1. This is an appeal under Section 260A of the Income-tax Act, 1961. By this appeal, the appellant has challenged the legality and validity of the order dated January 24, 2003, passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati in Income-tax Appeal No. 118(Gau)/99 for the assessment year 1995-96.2. The facts of the present appeal may be briefly stated at the very outset.The appellant is an assessee under the Income-tax Act, 1961 (for short 'the Act'), assessed to tax by the Income-tax Officer, Ward 1(5), Guwahati. The status of the assessee is that of Hindu undivided family and the assessment year under consideration is 1995-96. During the assessment proceeding a claim was made by the assessee of share business loss amounting to Rs. 3,99,860. On various grounds mentioned in the assessment order dated March 31, 1998, the Assessing Officer concluded that the transaction in shares as claimed by the assessee cannot be treated as genuine. Accordingly, the s...
Hajiabdul Mazid Vs. State of Assam and ors.
Court: Guwahati
Decided on: Aug-21-2007
Amitava Roy, J.1. The settlement of Kharikhana weekly market (hereinafter referred to as the 'market') located within the territorial jurisdiction of Dhalpukhuri Anchalik Panchayat in favour of the respondent No. 6 forms the subject matter of challenge in the instant proceeding.2. I have heard Mrs. R. Borah, Advocate assisted by Md. Giash Uddin, Advocate for the petitioner, Ms. H.M. Phukan, learned Counsel for the respondent No. 4, Mr. P.S. Deka, learned State counsel for the official respondents and Mr. P.K. Deka, learned Counsel for the private respondent No. 6.3. The petitioner's pleaded case is that in response to a Notice Inviting Tender (hereinafter referred to as 'NIT') floated on 17.4.2007 by the Nagaon Zila Parishad (hereinafter referred to as the 'Zila Parishad') inviting tenders amongst others, for settlemet of the market for the period 1.7.2007 to 31.7.2008 he, along with others offered their candidature. The bids submitted by him and others were as follows:---------------...
Bhikamchand Betala and Sons Vs. Income Tax Officer
Court: Guwahati
Decided on: Aug-21-2007
A. Hazarika, J.1. This is an appeal under Section 260A of the IT Act, 1961. By this appeal, the appellant has challenged the legality and validity of the order dt. 24th Jan., 2003, passed by the Tribunal, Gauhati Bench, Guwahati, in ITA No. 118/Gau/1999 for the asst. yr. 1995-96.2. The facts of the present appeal may be briefly stated at the very outset.The appellant is an assessee under the IT Act, 1961 (for short 'the Act'), assessed to tax by the ITO, Ward 1(5), Guwahati. The status of the assessee is that of HUF and the assessment year under consideration is 1995-96. During the assessment proceeding a claim was made by the assessee of share business loss amounting to Rs. 3,99,860. On various grounds mentioned in the assessment order dt. 31st March, 1998, the AO concluded that the transaction in. shares as claimed by the assessee cannot be treated as genuine. Accordingly, the share business loss of Rs. 3,99,860 was not allowed and the same was added back to the total income of the...
Tripura Jute Mills Limited and anr. Vs. Bhanu Lodh
Court: Guwahati
Decided on: Aug-21-2007
B.K. Sharma, J.1. This appeal is directed against the judgment and order dated 18.4.2007 passed in WP(C) No. 454/2005. The writ petition was filed by the petitioner (respondent herein) for his appointment and/or deemed appointment as Commercial Officer from the date on which he was appointed initially as 'Office Trainee' and thereafter on completion of the training as Commercial Officer -II.2. The undisputed facts are in a narrow campus. While the writ petitioner asserted his right or merit of the case, the respondents resisted the same on technical pleas of delay in asserting the right.3. The writ petitioner while was in the employment of Tripura Apex Weavers' Cooperative Society Limited as Store-cum-Marketing Officer, offered his candidature in response to an advertisement issued by the appellant No. 1 namely Tripura Jute Mills Ltd. (TJML) inviting applications for the post of Commercial Officer in the pay scale of Rs. 1400-2350/-. The candidature offered by the petitioner having b...
Commissioner of Income Tax Vs. Ganga Bani Mercantile and Finance (P) L ...
Court: Guwahati
Decided on: Aug-21-2007
D. Biswas, J.1. Heard Mr. U. Bhuyan, learned standing counsel for the IT Department, appearing for the appellant. Also heard Dr. A.K. Saraf, learned senior counsel appearing for the respondent assessee.2. This appeal has been filed under Section 260A of the IT Act, 1961, hereinafter referred to as the 'Act', against the order dt. 12th Sept., 2005, passed by the Income-tax Appellate Tribunal (Tribunal), Guwahati Bench, in ITA No. 11/Gau/2003 pertaining to assessment made for the block period 1988-89 to 1998-99.By the aforesaid impugned order, the Tribunal has accepted the challenge made on behalf of the assessee and has held that as the assessee company was registered with the Registrar of Companies at Calcutta, the jurisdiction in respect of the assessee company could lie only with the IT authorities at Calcutta. Since no order under Section 127 of the Act has been passed by the IT authorities at Calcutta transferring the case to Guwahati it is held that neither the AO nor the CIT(A-2...
Shri Paritosh Paul Vs. the State of Assam
Court: Guwahati
Decided on: Aug-21-2007
Aftab H. Saikia, J.1. Both the cases are being taken up together for hearing and final disposal by this common judgment and order as the factual matrix of both these cases are being similar and identical in nature carrying common question of law.2. Heard Mr. N. Choudhury, learned Counsel for the petitioner and Mr. B.B. Gogoi, learned P.P. Assam in Crl. Rev. No. 397/03 and also Mr. N.H. Mazorbhuyan, learned Counsel for the petitioner and Mr. B.B. Gogoi, learned P. P. Assam in Crl. Rev. No. 415/03.3. The correctness and legality of the appellate judgment and order dated 24-4-2003 passed by the learned Sessions Judge, Cachar at Silchar in C.A. No. 13{4)/2002 dismissing the appeal and thereby affirming the judgment and order dated 22-10-2002 passed by the learned Sub-Divisional Judicial Magistrate (S), Silchar in G.R. Case No. 1840/98 by which both the petitioners in these two revision petitions were convicted under Section 14 of the Assam Game and Betting Act, 1970 (for short, 'the Act')...
State of Tripura and ors. Vs. Biswapati Pal and ors.
Court: Guwahati
Decided on: Aug-21-2007
B.K. Sharma, J.1. Heard Mr. S. Chakraborty, learned Addl. Govt. Advocate appearing for the appellant as well as Mr. Somik Deb, learned Counsel representing the writ petitioners/respondents.2. This appeal has been preferred by the State-respondents against the judgment and order dated 11.01.2007 passed by the learned Single Judge in the writ petition being W.P. (C) No. 145/2006.3. The writ petitioners are the retired Demonstrators of the particular College called M.B.B.B. College, Agartala. Their claim for granting corresponding revised scale of Rs. 8,000-13500A in the pre-revised scale of Rs. 2200-4000/- having been rejected by the State Government by the impugned notification dated 12.01.2006 (Annexure-P/7 to the writ petition), they approached this Court by filing the aforementioned writ petition. In fact, the petitioners had earlier approached this Court by filing the writ petition being W.P. (C) No. 606/2001, claiming the aforesaid revised pay scale. The writ petition was disposed...
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