Guwahati Court February 2009 Judgments

Mrs. Shania Rahman Choudhury Vs. State of Assam and ors.

Court: Guwahati

A.C. Upadhyay, J.1. A writ petition was registered upon receiving a letter from Miss Shania Rahman Choudhury (hereinafter referred to as petitioner), addressed to the Hon'ble Chief Justice, with a fervent prayer to save her and her husband's life from the grip of her enraged guardian and to enable her to live peacefully.2. Facts leading to registration of this writ petition may be stated as follows:The petitioner Ms. Shania Rahman Choudhury, aged about 23 years (birth date 3-10-1986) legitimately and willingly got married with Md. Nazimuddin on 15-10-2008, in the office of the Marriage Registrar, Kamrup District. Once again on 17-10-l 08, the petitioner and Md. Nazim Uddin got married according to Islamic social tradition at the office of the Muslim Marriage Registrar and Kazi at Patharkandi. After getting married, when the petitioner came with her husband to the residence of her in-laws, her father, paternal and maternal uncles along with a gang of people appeared and tried to forcib...

Indian Oil Corporation Ltd. Vs. Commissioner of Taxes and ors.

Court: Guwahati

I.A. Ansari, J.1. The case of the petitioner-company may, in brief, be described thus:(i) The petitioner, a public limited company, is engaged in the business of sale and supply of petroleum products inside as well as outside the State of Assam. The petitioner-company's case is that it hires trucks/tankers for delivery of petroleum to its dealers and, in course of its business, the petitioner-company enters into agreement with contractors as regards its hiring of trucks/tankers on various terms and conditions. The petitioner-company pays to the contractors hire charges for using the trucks/tankers specified in the Schedule attached to the respective agreements. As per the agreements, the contractors are liable to bear and pay the entire cost of the trucks/tankers, given on hire to the petitioner-company, including maintenance, repairing, insurance, fuel and salaries to the drivers, cleaners, etc. The petitioner-company does not guarantee the minimum mileage for each vehicle, which it ...

R.P. Kakoti Vs. Oil and Natural Gas Commission and ors.

Court: Guwahati

I.A. Ansari, J.1. Respondent No. 1, namely, Oil and Natural Gas Commission Ltd., a Government of India Enterprise, is incorporated under the Companies Act, 1956 (hereinafter referred to as, 'the Corporation'). Respondent Nos. 2 and 3 are employees of respondent No. 1. The respondent-Corporation has been publishing, from time to time, tender notices inviting tender for hiring various types of vehicles, for instance, cranes, water tankers, trailers, etc. As per these tender notices, the respondent-Corporation offers fixed monthly charges for the vehicles for twenty-six days in a month as the working days with fixed running charges per kilometre, the normal running of the vehicles being twelve hour per day. Pursuant to the tender notices so floated, a contract was entered into between respondent No. 7, on the one hand, and the petitioner, on the other, for hiring of cranes. The petitioner claims that he was verbally informed by the officials of the respondent-Corporation that the petitio...

Mahesh Travels (P) Ltd. Vs. Oil and Natural Gas Commission and ors.

Court: Guwahati

I.A. Ansari, J.1. The petitioner, which is a company incorporated under the Companies Act, 1956, has filed this writ petition under Article 226 of the Constitution of India, praying for issuance of appropriate writ(s) directing the respondents herein not to realize and/or deduct tax, at source, under the Assam Value Added Tax Act, 2003, from the bills of the petitioner for the works, which the petitioner has carried out on the basis of the verbal agreement entered into with the respondents herein.2. It is the pleaded case of the petitioner that the petitioner had given, from time to time, various types of vehicles, on hire, at different hire-charges, to the respondent-corporation, on the basis of verbal agreement, which the petitioner had entered into with the respondent-corporation, and that although the petitioner had never given the said vehicles by way of lease, the respondent-corporation has been threatening to deduct tax under the Assam Value Added Tax Act, 2003, treating the tr...

New India Assurance Co. Ltd. Vs. Purna Hazarika and ors., Etc.

Court: Guwahati

Reported in: AIR2009Gau84

B.P. Katakey, J.1. These appeals by the insurance company are directed against the judgments and awards passed by the learned Member, MACT, Sibsagar in the motor accident cases registered on the basis of the applications filed by various claimants under Section 166 of the MV Act, 1988 (in short, the Act) for the death of the passengers in a motor accident occurred on 11 -11-1994 involving the motor vehicle bearing registration No. AS-06/7626(Bus) belonging to the respondent No. 3 Sri Ajit Chandra Hazarika, covered by a policy of insurance issued by the appellant insurance company. The case of the claimants in the claim applications is that on 11 -11 -1994 at about 7.30 a.m. while the deceased passengers were travelling in the said vehicle from Sivasagar to Dibrugarh It met with an accident as the bus fell into a roadside ditch and plunged into the water, as a result of which the passengers drowned and died. The claimants filed the claim applications claiming different amounts as-compen...

Shri Sujit Rudra Paul Vs. State of Tripura

Court: Guwahati

Reported in: 2009CriLJ3291

B.K. Sharma, J.1. This Appeal is directed against the judgment of conviction and sentence dated 4-8-2006 passed by the learned Additional Sessions Judge, North Tripura, Kailasahar in Case No. Sessions Trail 18 (NT/K) of 2006 convicting the accused appellant under Section 302, I.P.C. and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/- and in default to suffer rigorous imprisonment for one month.2. The prosecution case is based on the FIR dated 23-5-2004, proceeded by the FIR dated 20-5-2004 lodged by one Sri Dhananjoy Rudra Paul, father of the accused appellant and who was also the co-accused along with the accused appellant, but acquitted by the learned Additional Sessions Judge. For a ready reference, the FIR is quoted below:ToThe O/C Langtaraivelly P. S.Dhalai, TripuraPetitioner : Shri Dhananjoy Rudra Paul,S/o. Lt. Banamali RudraPaul of the resident ofVill.-Mainama, P.S.Langtaraivelly.Subject: EjaharSir,My humble submission is that my daughter i...

Shri Ashok Bandhu Bhowmik S/O. Sri Kalipada Bhowmik Vs. the State of T ...

Court: Guwahati

B.D. Agarwal. J.1. The accused/ appellant herein, Sri Ashok Bandhu Bhowmik is the husband of the deceased , Laxmi Rani Das. The accused/ appellant along with parents and brother was tried for inflicting Laxmi Rani Das both physical and mental torture and subsequently for murdering her. The parents and brother of the accused/ appellant have been acquitted from the aforesaid charges . However, the accused /appellant i.e husband has been convicted under Sections 498A and 302 of the Indian Penal Code ('IPC' in short) vide judgment dated 26.04.2005 passed by the learned Additional District & Sessions Judge, West Tripura, Agartala in Sessions Trial Case No. 140 (WT/A) of 2003. By the said judgment the learned Additional Sessions Judge has sentenced the accused/appellant to undergo R.I. for 2 years for the offence punishable under Section 498A IPC and Imprisonment for life and to pay a fine of Rs. Rs. 1000/-, in default to undergo R.I. for 6 months for the offence punishable under Section 30...

Kailash Chandra Sarma Vs. Biraj Krishna Das and anr.

Court: Guwahati

T. Nandakumar Singh, J.1. Heard Mr. R. Sarma, learned Counsel appearing for the petitioner as well as Mr. S. Sarma, learned Counsel for the respondents.2. By this revision petition, the petitioner/plaintiff is assailing the order dated 8-5-2008 passed by the learned Munsiff No. 3, Kamrup, Guwahati in Title Suit No. 167 of 2006 debarring the petitioner/plaintiff from cross-examination of the D.W. No. 2, Sri Diju Kalita and D.W. No. 4, Sri Robin Goswami.3. On hearing the submission of the learned Counsel appearing for the parties, it appears that D.W. No. 3 was partly cross-examined on 28-3-2008 and further examination of the D.Ws. was fixed on 8-5-2008. On 8-5-2008, D.W. No. 3 did not appear before the Court for further cross-examination. On that day a petition No. 940 of 2008 was filed by the respondents/defendants which was supported by a medical certificate that the D.W. No. 3 could not appear before the Court for further cross-examination due to illness. On that day, i.e. on 8-5-20...

Centre of Medical and Sales Representatives' Union (North East Region) ...

Court: Guwahati

Reported in: (2009)IIILLJ513Gau

ORDERU.B. Saha, J.1. By this writ petition under Article 227 of the Constitution the petitioner approached this Court for quashing the judgment dated August 2,1999 passed by the learned Presiding Officer, Labour Court, West Tripura, Agartala in Labour Court Case No. 3/1998 whereby and whereunder the said Court dismissed the reference made by the State Government on contest being hot maintainable.2. Heard Mr. P. Roy Barman, learned Counsel for the petitioner and Mr. K.N. Bhattacharjee, learned senior counsel, assisted by Mr. S. Acharjee, learned Counsel for the respondent.3. The brief facts leading to the filing of this writ petition are as under: Proforma-respondent, Sri Samarendra Chakraborty (hereinafter referred to as 'the workman') while working as Medical Representative under the' Fair Deal Corporation (Pvt.) Ltd., presently known as FDC Ltd. (hereinafter referred to as the 'respondent company') for Silchar Agartala region being posted at Agartala was transferred from Agartala to ...

Prasanta Goswami Vs. Smt. Ramala Das

Court: Guwahati

T. Nandakumar Singh, J.1. Heard Mr. N. Dhar, learned Counsel appearing for the petitioner/defendant as well as Mr. G.M. Paul, learned Counsel for the respondent/plaintiff.2. By this revision petition, the petitioner/defendant is assailing the order dated 7-10-2008 passed by the learned Munsiff No. 1. Guwahati in Title Suit No. 818 of 2006 filed by the respondent/plaintiff.3. For deciding this revision petition, it is not required to delve deep into the factual matrix. It will be suffice to state that the respondent/plaintiff had filed the Title Suit No. 818 of 2006 in the Court of Munsiff No. 3, Guwahati for a decree of ejectment of the petitioner/defendant from the suit premises and for recovery of the arrear rent in respect of the suit premises. It is alleged in the plaint that during the life time of Dr. Raj Kumar Das, the petitioner/defendant by a written agreement took lease of the suit premises on the 1st day of December, 1990 on monthly rental basis fixing rent at the rate of R...