Court : Guwahati
Amitava Roy, J.1. The matrimonial alliance between the parties though conclusively determined by a decree of divorce, the issue pertaining to maintenance of their minor son has kept them belligerently engaged in Courts of law. The instant application witnesses a challenge by the petitioner/husband to the judgment and order dated 9.4.2003 passed by the learned District Judge, Shillong, in (Civil) Miscellaneous Application 7(H)/2002 arising out of matrimonial case No. 6(H)/ 2000 under Section 43 of the Indian Divorce Act, 1869 (hereafter referred to as the Divorce Act), rejecting his application to allow him to provide child maintenance to the offspring, Timothy Biswas.2. I have heard Ms. A. Paul, Advocate assisted by Mr. K. Paul, Advocate for the petitioner and Ms. P.D.B. Baruah, Advocate for the respondent No. 2.3. The prefatory facts building up the factual edifice would be essential. The petitioner claims to be an Indian National presently residing at California in the United States...
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A.B. Pal, J.1. The above appeal and the cross-objection are directed against the judgment dated 31.7.1996 passed by District Judge, West Tripura, Agartala in Title Suit (F.A.) No. 3 of 1994 whereby ah award of Rs. 82,380 was made in favour of the claimant-cross-objectors against their claim of Rs. 17,04,000 on account of death of Nirapada Chakraborty, their predecessor in interest by electrocution on 5.9.1990. The respondents-cross-objectors being the wife and mother of the deceased being aggrieved filed cross-objection for enhancement of the award. The State of Tripura and four others being officials of the Department of Power preferred the appeal against the said award on ground of jurisdiction and maintainability.2. The short fact relevant for disposal of these two cases is that Nirapada Chakraborty, aged about 31 years, went to his field on 5.9.1990, came in contact with a snapped live wire drawn from main power line and died instantaneously. The allegation is that a loose wire f...
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Baharul Islam, J. 1. The following two questions have been referred to us for our opinion by the Income-tax Appellate Tribunal, Gauhati Bench, Gauhati: '(i) Whether, on the facts and in the circumstances of the case, and on a proper construction of the deed of partnership dated May 25, 1959, the Tribunal was justified in holding that the assessee-firm was not entitled to continuation of registration under Section 184(7) of the Income-tax Act, 1961, for the assessment year 1965-66 ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that continuation of registration could not be allowed for a part of the year, i.e., till the death of the deceased partner ?' The relevant facts may be briefly stated: The assessee, M/s. K. C. Trunk & Bucket Factory, Gauhati, was a firm, registered under the Indian Partnership Act. The partnership deed dated May 25, 1959, shows that the firm had three partners, Kisturchand Siotia, Bhairulal Siotia, and Mahab...
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Thadani, C.J.1. This is a petition by one Kishorilal Bahati under the provisions of Article 226 of the Constitution of India, directed against an order of detention, dated 24-2-51, passed against him under the Preventive Detention Act of 1950 (Act IV of 1950) as amended by Act IV of 1951, by the District Magistrate, Sibsagar. The grounds of detention as communicated to the petitioner are these:I. That on 6-2-51 Md. Sarif Ulla, Prof. Agriculture College, Borbheta went to your shop to purchase yarn, but you refused to give the yarn saying that you had no stock.2. That on 7-2-51 Jogesh Chandra Charkravarty of Jorhat town purchased a pair of 10 yds. Dhuti from your shop @ Rs. 20/- for which you refused to issue any cash memo. The ex-mill rate of the pair of dhuti was 7-3-3 pies plus the excise duty -/5/9 pies.3. That on 8-2-51 Narayan Sarma, B. L. of Jorhat town went to you and wanted to buy textile dhuti, but you did not give him dhuti saying that you had no dhuti in your stock.4. That ...
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A.H. Saikia, J. 1. The Election Petition No. 17/2001 presented by one Sri Dipak Chandra Ruhidas, the Election Petitioner laying challenge to the election of Shri Chandan Kumar Sarkar, the respondent to Assam Legislative Assembly from No. 35 Abhayapuri South (S.C) Legislative Assembly constituency (hereinafter 'LAC' for short) reserved for Scheduled Caste candidate alleging that the respondent is not a Scheduled Caste as claimed, has been assailed outrightly by the respondent/applicant by filing the instant Miscellaneous Application.2. The last General Election to the Assam Legislative Assembly was held in the month of May, 2001. The LAC under reference, is a Reserved Constituency for the Scheduled Caste Community (hereinafter referred to as 'SC' in short). In this LAC the following dates were notified for the purpose of election -Last date of filing nomination 23.4.2001Date of scrutiny 24.4.2001Date of withdrawal of candidature 26.4.2001Date of Poll 10.5.2001Date of counting 13.5.2001...
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B.P. Saraf, J.1. In this batch of petitions the petitioners have challenged the validity of Section 26A of the Tripura Sales Tax Act, 1976, on the ground of violation of the provisions of Articles 14 and 19(1)(g) of the Constitution. As the facts of all the cases are identical, the facts of one of the cases, namely, Civil Rule No. 48 of 1984 are set out below.The petitioner in Civil Rule No. 48 of 1984, is a partnership firm carrying on the business of manufacture and sale of bricks, etc., and is registered as a dealer under the Tripura Sales Tax Act, 1976, hereinafter 'the Act'. The petitioner was assessed by the Superintendent of Taxes, Dharmanagar, under Section 9(4) of the Act for the period ending 1982-83 and a sum of Rs. 19,687.50 was determined as the amount due on account of tax and interest after allowing deduction for the amount of Rs. 5,000 paid by the petitioner. In pursuance of the aforesaid order of assessment, a notice of demand was issued directing the petitioner to pa...
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S. L. SARAF, J. :By this writ application, the petitioner challenges the order passed by the Asstt. Commr. of Taxes(A), Gauhati, respondent No. 1, on 9th June, 1992, and the order passed by the Agrl. ITO on 10th May, 1991, and praying for cancellation of the aforesaid two orders and a further direction that the respondent should allow the deductions in respect of contributions made on account of workmen and staff welfare as the same was incurred wholly and exclusively for earning and deriving the agricultural income under s. 8(2)(f)(vii) of Assam Agrl. IT Act, 1939 (hereinafter referred to as "the State Act").2. The facts in a nutshell are as follows :The petitioner is a public limited company incorporated under the Companies Act, 1956, having its registered office at Talap in the District of Tinsukia, Assam. The company has several tea gardens in the State of Assam and engaged in the business of cultivation, manufacture and sale of tea.For the asst. yr. 1984-85, while compu...
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S.N. Phukan, J. 1. The election petitioner was a candidate for 35-Abhayapuri North Constituency in the General Election held on 8th June, 1991 in pursuant to a notification issued by the Governor of Assam. 25-4-91 was fixed as last day for filing nomination and 27-4-91 was the date fixed for scrutiny. At the time of counting it was found that petitioner got 1,303 votes, the returned candidate namely respondent No. 2 got 22,311 votes. As the petitioner was defeated, the present election petition has been filed praying, inter alia, that the election of respondent No. 2 be declared void. I shall state the relevant facts stated in the election petition at the appropriate time. 2. The respondent No. 2 has filed the present petition under Order VII, Rule 11, C.P.C. read with Sections 86 and 87 of the Representation of the People Act, 1951 praying, inter alia, that the election petition may be dismissed/ rejected. 3. From the election petition it appears that the above constituency was a re...
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G. Mehrotra, J. 1. This is an appeal under Section 116A of the Representation of People Act, 1951, (hereinafter called the Act) against the judgment of the Election Tribunal, Nowgong. The appellant Biresh Misra (hereinafter called the appellant), a voter of Silchar West Constituency stood as a candidate for the election for the Assam Legislative Assembly from Lumding constituency as the nominee of the Communist Party of India. The respondent No. 1--Ram Nath Sarma (hereinafter called the respondent) was a candidate nominated by the Indian National Congress to contest for the aforesaid constituency. The respondent is also the Chairman of the Local Board of Nowgong and the other respondents were also the candidates for the said constituency. Abdul Mosabir contested as an independent candidate and the other respondents represented various other parties. Lumding constituency is also included as a part in the Loksabha constituency of the district of Nowgong and Sri Liladhar Kataki was the ...
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T. Vaiphei, J. 1. This is an application under Article 226 of the Constitution of India filed by the petitioner for directing the respondents to refer the L.A. Case No. 1/SN of 95 pending before the Collector, Land Acquisition (LA), West Tripura District, Agartala to the learned Land Acquisition (LA) Judge, West Tripura District, Agartala under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').2. I have heard Mr. S. Talapatra, learned counsel for the petitioner as well as Mr. S. Chakraborty, learned counsel for the respondents.3. The facts of the case as emerged from the pleadings of the petitioner are that he along with his brothers, namely, Ajit Kumar Das, Tarit Kumar Das and Subhas Chandra Das who were the joint owners of certain land appertaining to khatian No. 718/1, 718/2, 718/3, 718/4, 718/5, 718/6 having a total area of 21.51 acres situated within Bishalgarh mojua, West Tripura District and that a portion of the said land measuring 8.94 acres were a...
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