Guwahati Court December 2008 Judgments

Ramchandra Rabidas Alias Ratan Rabidas Vs. State of Tripura

Court: Guwahati

B.D. Agarwal, J.1. Motor Vehicles Law and Rules made thereunder provides stringent and elaborate procedure for granting driving licenses. If one seeks a licence to drive transport or public service vehicle the scrutiny and tests are more rigorous. There are more than enough penal provisions to stem errant and reckless driving cancellation of driving licence, punitive sentences for driving vehicles at excessive speed, dangerously, in alcoholic condition at all causing loss and damage to property and human lives. Despite these precautionary and punitive provisions in the law graph of traffic offence is not showing any sign of improvement. As per the statistics provided in 'Accidental Deaths and Suicides in India' Reports, published by the National Crime Records Bureau, Govt. of India, there were 2,72,100 road accidents in the year 1996 claiming 69,800 precious human lives. Within a decade, i.e. in the year 2006 the number of road accidents shot-up to 3,94,432 and the casualty figure to ...

Srimati Nishamoni Kalita and anr. Vs. Srimati Sarada Kalita and ors.

Court: Guwahati

I.A. Ansari, J.1. This revision puts to challenge the order, dated 26-9-2008, passed by the learned Civil Judge No. 3, Kamrup, in Misc. (J) Case No. 54/2008, arising out of Title Suit No. 242/2007, whereby the learned Court below has rejected the application made, under Section 9 of the Hindu Adoptions and Maintenance Act, 1956 (in short, 'the Act of 1956') by the present petitioner, claiming maintenance, for herself as well as for her minor child, the ground for rejection being that the application, made under Section 19 of the Act of 1956, is not maintainable inasmuch as it is the Family Court, at Guwahati, which has the jurisdiction to entertain an application under Section 19 of the Act of 1956 and not the Court of Civil Judge, Kamrup, Guwahati. This application, seeking direction for maintenance, had been filed, it may be pointed out, in the suit, which stands instituted by the petitioners, seeking partition of the landed properties, which are said to have been left behind by lat...

Smt. Anju Talukdar and anr. Vs. State of Assam and ors.

Court: Guwahati

J. Chelameswar, C.J.1. This is a public interest litigation. Through this petition the petitioners espouse the cause of persons with disabilities. The writ petition is filed with the prayer as follows:In the premises aforesaid, it is, therefore, prayed that Your Lordships may be pleased to issue a Rule calling upon the respondents to show cause as to why a suitable Writ, Order or Direction should not be issued.(i) quashing the Educational Notice No. DME/09/2008/7791 dated 12-5-2008, issued by the Respondent No. 2 (Annexure-1) so far as the same (a) restricts the quota/reservation for physically handicapped candidates only to persons with locomotor disability of lower limbs having between 50% to 70% disability and (b) renders the admission of candidates subject to Medical Fitness and(iii) further as to why direction should not be issued to the respondents to suitably modify and republish an Educational Notice (Annexure-1) providing the reservation in respect of Physically Handicapped Q...

Nova Trading Pvt. Ltd. Vs. State of Assam and ors.

Court: Guwahati

Reported in: (2009)23VST251(Gauhati)

Amitava Roy, J.1. The extraordinary jurisdiction of this Court under Article 226 of the Constitution of India is sought to be invoked to set at naught the order dated December 20, 2007 passed by the Additional Commissioner of Taxes, Assam, Guwahati, in the revision petition filed by the petitioner under Section 36 of the Assam General Sales Tax Act, 1993 (hereafter referred to as, 'the Act') assailing therein the seizure of its documents made by the Inspector of Taxes, Unit C, Guwahati, on July 10, 2003 as well as the order dated April 20, 2003 passed by the Superintendent of Taxes, Unit C, Guwahati, imposing a penalty of Rs. 2,14,735 under Section 23(1)(h) of the Act for alleged violation of Section 46 thereof. Incidentally annulment of the seizure and the imposition of penalty as above has also been prayed for in the instant proceeding, the revision petition having been dismissed by the order impugned.2. I have heard Mr. G.K. Joshi, Senior Advocate assisted by Mr. R.K. Joshi, Advocat...

ishan Deb Barma and ors. Vs. State of Tripura

Court: Guwahati

P.K. Musahary, J.1. This appeal is directed against the judgment dated 8-11-2002 passed by the learned Additional Sessions Judge, West Tripura, Khowai in Case No. S.T. 23 (WT/K)/2002 convicting the accused-appellants under Sections 148, 326 and 302/149 of the Indian Penal Code and sentencing each of them (a) R.I. for life and a fine of Rs. 10,000/-, in default of payment of fine to suffer R.I. for two months for offence under Section 302/149,I. P. C; (b) R.I. for 7 years and also a fine of Rs. 5,000/- in default of payment of fine further R.I. for one month under Section 326,I. P. C. and (c) R.I. for 3 years each under Section 148, I. P. C. which would run concurrently and also providing that if the fine money is realized, the same be paid to the parents of the deceased in equal share by way of compensation.2. The prosecution case, in short, as unveiled at the trial may be narrated, thus:In the evening of 27-10-2000 at about 5.00/5.15 p.m., a group of tribal extremists, some of them i...

Raju More and anr. Vs. Ramesh Chand Khandelwal

Court: Guwahati

I.A. Ansari, J.1. By making this application under Article 226 of the Constitution of India, the petitioners, who are accused in Complaint Case No. 802/94 (later on, re-numbered as Complaint Case No. 7577/2002), pending in the Court of Chief Judicial Magistrate, Bareilly, Uttar Pradesh, has sought for setting aside the quashing not only the complaint, which has given rise to the Complaint Case aforementioned, but also the order, dated 14-3-2008, whereby the learned Court below has, due to absence of the accused-petitioners, in the case aforementioned, directed issuance of non-bailable Warrants of Arrest against them fixing 21-5-2003 for their appearance.2. I have heard Mr. S. P. Roy, learned Counsel for the accused-petitioners.3. The law, with regard to quashing of criminal complaint, is no longer res Integra. A catena of judicial decisions have settled the position of law on this aspect of the matter. I may refer to the case of R.P. Kapur v. State of Punjab : 1960CriLJ1239 , wherein ...