Guwahati Court April 2009 Judgments

Mina Kumari Oza Das W/O Lt. Paramananda Das Vs. the State of Assam Rep ...

Court: Guwahati

Amitava Roy, J.1. Being aggrieved by the rejection of her candidature for compassionate appointment by the State Level Committee in its meeting held on 1/12/2007, the petitioner seeks redress by invoking the extra ordinary jurisdiction of this Court.2. I have heard Mr. M. Bhagabati, learned Counsel for the petitioner, Mr. U. K. Goswami, learned Standing Counsel, Education Department and Mr. H.G. Baruah, learned Counsel for the respondent No. 4 and 5.3. To appropriately understand the rival submissions it is indispensable to notice in brief the pleaded versions of the parties.4. The petitioner having lost her husband Late Paramananda Das who died in harness on 4/9/2002 as a Grade IV employee of the Hajo Girls H.S. School in the District of Kamrup applied for compassionate appointment against an identical post on 27/11/2002. As her petition lay unattended, being exasperated, she approached this Court with WP(C) 1670/2005 which was disposed of on 4/3/2005 by directing the respondent auth...

Commissioner of Income Tax Vs. India Carbon Limited

Court: Guwahati

Reported in: [2009]315ITR315(Gauhati)

Ranjan Gogoi, J.1. This appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as the Act), is directed against the order dated September 7, 2005, passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati. By the aforesaid order the learned Tribunal has affirmed the earlier order dated November 21, 2003, passed by the Commissioner of Income-tax (Appeals-2) by which the rectification in the assessment of the respondent-company for the assessment year 1999-2000, as made by the Assessing Officer, has been cancelled.2. The facts, which are short and are not in dispute.3. In exercise of the powers under Section 154 of the Income-tax Act (hereinafter referred to as the Act) in respect of the assessment year 1999-2000, the Assessing Officer had rectified the assessment of the respondent-company by addition of an amount of Rs. 1,27,45,138 received by the respondent-company on account of transport subsidy. Aggrieved by the aforesaid rectification, the responde...

Nabakumar Banik Vs. Smt. Amita Datta

Court: Guwahati

Reported in: AIR2009Gau103

T. Nandakumar Singh, J.1. Heard Mr. S. Talapatra, learned Senior Counsel assisted by Mr. D. Bhattacharjee; learned Counsel appearing for the appellant as well as Mr. P. Roy Barman, learned Counsel for the respondent.2. This appeal under Section 28 of the Hindu Marriage Act, 1955 is directed against the judgment and order dated 25-2-2005 passed by the learned Judge, Family Court, Agartala, West Tripura in Title Suit (Divorce) No. 22 of 2001 dismissing the said Title Suit for dissolution of marriage.3. The factual panorama, in brief, of the appellant/husband in title Suit (Divorce) No. 22 of 2001 is recapitulated hereunder:The appellant/husband filed an application under Section 13 of the Hindu Marriage Act, 1955 (for short 'Act') for dissolution of marriage between the appellant/husband and the respondent/wife by a decree of divorce on the, inter alia, grounds as laid down in Section 13(1)(ia) and (ib) of the Act in the Court of the learned District Judge, West Tripura, Agartala. The ap...

Md. Jainal UddIn Alias Abedine Vs. State of Tripura

Court: Guwahati

Reported in: 2009CriLJ2572

ORDERU.B. Saha, J.1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 is filed against the judgment dated 21-11-2006 passed by the learned Additional Sessions Judge, South Tripura, Belonia in Sessions Trial No. 29(ST/B)/2006 whereby and whereunder the appellant was convicted under Section 376(1) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs. 5000/-, in default to suffer one year simple imprisonment.2. Heard Mr. S. Dutta, learned Counsel for the appellant and Mr. A. Ghosh, learned Additional Public Prosecutor for the respondent.3. The prosecution story in short is that the victim minor girl, (P.W. 2), aged about 15 years, daughter of the informant, Bipin Chandra Tripura,(P.W. 1), was suffering from fever who was also afraid at the sight of fire. She was taken to the Jabaibari hospital where doctor gave her medicine, but she was not cured. At that time, the informant father came to know from others t...

Dulal Ch. Baidya Vs. State of Tripura

Court: Guwahati

Reported in: 2009CriLJ2365

U.B. Saha, J.1. Both the appeals arise out of the common judgment and order dated 27-5-2005 passed by the learned Special Judge, South Tripura, Udaipur in Case No. Special 2 of 2007 whereby and where-under the appellant in both the cases were convicted under Section 136 of the Electricity Act, 2003 (hereinafter referred to as 'the Act of 2003') and sentenced to suffer R.I. for two years and to pay of fine of Rs. 1,000/-each, in default to suffer further R.I. for six months and as such the same were taken up together for hearing and are being diposed of by this common judgment and order.2. Heard Mr. S. Talapatra, learned senior counsel, assisted by Mr. P. Sarkar, learned Counsel for the appellant in Crl. A. No. 53 of 2008 as well as Mr. P. Roy Barman, learned Counsel appearing for the appellant in Crl. A. No. 60 of 2008. Also heard Mr. D. Sarkar, learned Counsel Public Prosecutor for the respondent in both the appeals.3. The prosecution case, in brief, is that one Major Kr. Deb Barma, t...