Guwahati Court September 2010 Judgments
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Mussit. Rebun Nessa (2nd Wife), W/O Late Intaj Ali Laskar, Vs. Mussit. ...
Court: Guwahati
Decided on: Sep-24-2010
1. Challenge in this appeal under Section 384 of the Indian Succession Act, 1925 is made against the judgment and order dated 4.3.2002 passed by the learned District Judge, Hailakandi, in Misc.(Succession) Case No. 97/99 titled as (Mustt.. Bibi Ayesha and 3 others Vs Mustt. Rebun Nessa and 2 others), whereby and whereunder the learned District Judge, Hailakandi, directed to issue the succession certificate in favour of the first wife (Mustt. Bibi Ayesha) and her three daughters including the opposite party Nos. 2 & 3 depriving the second wife, the appellant herein, holding that she is the divorcee of the deceased Intaj Ali Laskar, therefore, not entitled to get the share in the debts and securities left by the deceased husband.2. Heard Mr. MH Rajbarbhuiyan, learned counsel appearing for the appellant. Also heard Mr. AM Mazumdar, learned senior counsel assisted by Mr. FKR Ahmed, learned counsel for the respondents. 3. The following facts would emerge from the facts pleaded by the contes...
Mr. Mh Rajbarbhuiya Vs. Mr. Am Mazumdar.
Court: Guwahati
Decided on: Sep-24-2010
1. Challenge in this appeal under Section 384 of the Indian Succession Act, 1925 is made against the judgment and order dated 4. 3. 2002 passed by the learned District Judge, Hailakandi, in Misc. (Succession) Case No. 97/99 titled as (Mustt. . Bibi Ayesha and 3 others Vs Mustt. Rebun Nessa and 2 others), whereby and where under the learned District Judge, Hailakandi, directed to issue the succession certificate in favour of the first wife (Mustt. Bibi Ayesha) and her three daughters including the opposite party Nos. 2 & 3 depriving the second wife, the appellant herein, holding that she is the divorcee of the deceased Intaj Ali Laskar, therefore, not entitled to get the share in the debts and securities left by the deceased husband. 2. Heard Mr. MH Rajbarbhuiyan, learned counsel appearing for the appellant. Also heard Mr. AM Mazumdar, learned Senior counsel assisted by Mr. FKR Ahmed, learned counsel for the respondents. 3. The following facts would emerge from the facts pleaded by the ...
Tileswar Saikia and ors Vs. Smti. Motimai Begum and ors.
Court: Guwahati
Decided on: Sep-22-2010
1. The instant second appeal on remand by the Apex Court being Civil Appeal No. 5129 of 2001 restoring the case to the file of this Court after setting aside the judgment and order dated 7. 1. 2000 passed in Second Appeal No. 8/94 directing for a fresh decision after framing substantial question of law and accordingly in exercise of power under Section 100 of Code of Civil Procedure (Code for short) the following substantial questions of law have been formulated for adjudication of the case afresh in presence of the contesting parties viz. ,- (1) Whether the suit of the plaintiff is barred by Section 31 of the Specific Relief Act and(2)Whether the suit of the plaintiff is barred by the law of limitation?2. Before determining the lis between the parties it would be appropriate to refer the provision of Section 31 of the Specific Relief Act, 1963 ( Act 1963 for short) along with Article 59 of the Limitation Act,1963:Section 31- When cancellation may be ordered- (1)Any person against whom...
Tileswar Saikia, and ors. Vs. Smti. Motimai Begum, and ors.
Court: Guwahati
Decided on: Sep-22-2010
1. The instant second appeal on remand by the Apex Court being Civil Appeal No. 5129 of 2001 restoring the case to the file of this Court after setting aside the judgment and order dated 7.1.2000 passed in Second Appeal No. 8/94 directing for a fresh decision after framing substantial question of law and accordingly in exercise of power under Section 100 of Code of Civil Procedure (Code for short) the following substantial questions of law have been formulated for adjudication of the case afresh in presence of the contesting parties viz.,- (1) Whether the suit of the plaintiff is barred by Section 31 of the Specific Relief Act and(2)Whether the suit of the plaintiff is barred by the law of limitation?2.Before determining the lis between the parties it would be appropriate to refer the provision of Section 31 of the Specific Relief Act, 1963 ( Act 1963 for short) alongwith Article 59 of the Limitation Act,1963:Section 31- When cancellation may be ordered- (1)Any person against whom a wr...
Braja Saikia Vs. the State of Assam.
Court: Guwahati
Decided on: Sep-21-2010
This Appeal under Section 374 (2) of the Criminal Procedure Code, 1973 has been filed by the convict challenging the Judgment and order dated 30. 10. 2010 passed by the learned Additional Sessions Judge ( Adhoc) No. 2, Kamrup, in Sessions Case No. 113 (K)/ 2000. 2. By this impugned Judgment, the learned Additional Sessions Judge has convicted the appellant under section 403 and 406 of the Indian Penal Code (IPC) and he has been sentenced to undergo rigorous imprisonment for 3(three) months and 6 (six) months with a fine of Rs. 5,000/- with default sentences for respective offences. 3. Being aggrieved with the conviction and sentence , the convict has preferred this appeal. 4. Heard Mr. T B Bikash, learned counsel for the appellant. Also heard Mr. B S Sinha, learned Addl. P. P. for the State. 5. I have also gone through the impugned Judgment and evidence proffered by the prosecution in the Trial Court. The defense case was of total denial and no evidence in defense was laid. 6. The appe...
Mr. Ramvao Shimray Vs. the State of Manipur.
Court: Guwahati
Decided on: Sep-14-2010
01.The instant public interest litigation has been initiated seeking annulment of the notification dated 11. 09. 2009, effecting delimitation of the District Council Areas in the State of Manipur, as well as the notification dated 11. 01. 2010, publishing the Manipur (Hill Areas) District Councils (Election of Members) Rules, 2009, (for short hereafter referred to as the Rules). A writ of mandamus have been sought for directing the respondents to extend the provisions of the VIth Schedule of the Constitution of India to the State of Manipur and to restrain them from holding the elections of the autonomous district councils till then. Notice of motion was issued on 24. 02. 2010, keeping the question of maintainability of the writ petition. Further, by order dated 29. 03. 2010, this Court pruned the issues as would be evidenced thereby. By the said order, the prayer for restraining the conduct of the District Council Elections was declined. 02. We have heard Ms. U Das, learned counsel fo...
Md. Kasem Ali and ors Vs. the State of Assam.
Court: Guwahati
Decided on: Sep-02-2010
1. This criminal appeal is directed against the Judgment and Order dated 15. 11. 2003 passed by Smti D B Devi, Learned Additional District Judge ( Adhoc) , Darrang, Mangaldoi in Sessions Case No. 78 (DFMT) of 2002 ( G R Case No. 448 of 2000). 2. By this impugned Judgment, the learned Trial Court has convicted all the 16 (sixteen) appellants under section 323 and 324 read with section 34 of the IPC. At the same time, the appellant Nos. 1 and 2, Mohar Ali and Aman Ali have also been convicted under section 379 and 354 IPC in addition to the offence under section 323 and 324 / 34 IPC. Except appellant Nos. 1 and 2, all the remaining appellants have been sentenced to undergo Rigorous imprisonment for 1(one) year with fine of Rs. 500/- and default sentences 6(six) months rigorous imprisonment for offence under section 323/ 324/ 34 of the IPC. However, the appellant Mohar Ali and Aman Ali have been sentenced to undergo 1 = year for offence under section 324 IPC. As usual, the aforesaid appel...
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