Court : Guwahati
Decided on : Nov-27-2008
..... both gitarani and urmila since they refused to satisfy his sexual desire. he had further stated that accused mantaz ali caused death to them by cutting their necks by a 'nepali khukri' he was having with him. accused mantaz ali declined to confess before the court though he had admitted his involvement in the crime. since there was no eyewitness to .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-14-2008
..... in section 160(1) of the regulations and such persons are the cultivators belonging to plains tribals, hills tribes, tea garden tribals, santhals, scheduled castes, nepali cultivator - graziers. that being the position, the action of the authorities by keeping in mind the constitutional scheme, the necessary provisions having made for adequate ..... sub-section (l) of the said section of the regulation.cultivators pertaining to the following classes, namely plains tribals, hill tribes, tea garden tribals, santhals, nepali cultivator - graziers and scheduled caste.sd/- s.j. duncan,secy to the govt. of assam, finance& revenue department.14. after issuance of the aforesaid notification ..... and occupation of other classes of persons as enumerated in the notification dated 5.12.1947, namely plains tribals, hill tribes, tea garden tribals, santhals and nepali cultivator - graziers. in view of the aforesaid facts situation, the submissions made by mr. deka has no legs to stand. consequently, i have no .....
Tag this Judgment!Court : Guwahati
Decided on : Jul-22-2008
T. Vaiphei, J.1. The constitutional validity of the provisions of Khasi Hills Autonomous District Council (Prevention of Defection) Act, 2003 ('the Act' for short) and the rules made thereunder, namely, Khasi Hills Autonomous District Council (Prevention of Defection) Rules, 2005. ('the Rules') whereunder the writ petitioner has been disqualified as Member of the Khasi Hills Autonomous District Council ('the District Council' for short), is called into question in this writ petition.2. The material facts of the case are not in dispute. The petitioner was elected as Member of the District Council form No. 13, Laitkroh District Council Constituency in the election held in the year 2004 for a term of five years. After holding the office of the Executive Member, Law and Elaka Administration Department in the District Council for sometime, he was ultimately appointed as the Chief Executive Member till he was removed on 5.2.2008 by a No-Confidence Motion moved against him. After his removal...
Tag this Judgment!Court : Guwahati
Decided on : May-26-2008
U.B. Saha, J.1. This revision petition under Article 227 of the Constitution has been filed calling in question the legality, correctness and validity of the order dated 25th September, 2007 passed by the Sole Arbitrator in an arbitration proceeding between the parties.2. Heard Mr. S. N. Mitra, learned Counsel who appeared along with Mr. D. Jain, learned Counsel and Mr. R. Dutta, learned Counsel for the petitioner. Also heard Mr. G S. Das, learned Counsel for the respondent Tripura Jute Mills.3. The brief facts leading to the filing of this writ petition are briefly stated as under:On 7th July, 1994, the petitioner had entered into an Agreement with the respondent, Tripura Jute Mills Ltd. a Government Co. (hereinafter referred to as respondent-Jute Mill) which unless extended was to be expired on 31.7.1999. However, either party to the Agreement is/was at liberty to determine the agreement by giving three months notice. Clause No. 49 of the said agreement is reproduced hereunder:49. A...
Tag this Judgment!Court : Guwahati
Decided on : Apr-04-2008
P.K. Musahari, J.1. Heard Mr. Dhiraj Guha, learned Counsel appearing on behalf of the accused-appellant. Also heard Mr. R.C. Debnath, learned P.P. incharge for the State respondent.2. A criminal case set in motion with the lodging of an Ejahar by informant, PW-4, wherein it was stated that while his son Kamal Roy Barman, aged 21 years, along with Nepal Das visited the house of Badal Debbarma at Hariakubra between 8.15 p.m. and 8.30 p.m., two tribal youths came to the room of Badal Debbarma and forcibly kidnaped Kamal Roy Barman. Aforesaid Nepal Das came to the bazaar where Badal Debbarma and Kamal Roy Barman are running a shop and informed the informant's wife that extremists had kidnapped Kamal Roy Barman for ransom. The informant reported the matter orally and the same was recorded by S.I. of Police Benu Lal Kar (P.W. 6) at Takarjala market on 25-8-99 at 10.05 p.m. On the basis of said Ejahar a crime being Takarjala P.S. Case No. 44/99 was registered under Section 448/364A, I.P.C. O...
Tag this Judgment!Court : Guwahati
Decided on : Apr-04-2008
P.K. Musahary, J.1. By a judgment dated 31.03.2006 passed in Sessions Trial No. S.T. 52(W.T./A) of 2005 by the learned Addl. Sessions Judge, West Tripura, Agartala, Court No. 2, the accused appellant was convicted under Section 376(1) IPC and sentenced to suffer R.I. for seven years and to pay a fine of Rs. 2.000/- in default to suffer RI for another six months. Being aggrieved by and dissatisfied with the same, the accused appellant has preferred this appeal.2. The prosecution case as unfolded during the trial, in short is that on 04.10.2004 the prosecutrix was admitted to GB Hospital, Agartala for treatment of her jaundice. When she was undergoing treatment, the accused Shri Ratan Acharjee visited the said hospital as arranged by the father of the prosecutrix for her treatment with charms and incantation. He treated the prosecutrix in this way for three consecutive days and there after asked her to attend his house for continuation of the treatment as per his method. The prosecutrix...
Tag this Judgment!Court : Guwahati
Decided on : Apr-02-2008
P.K. Musahary, J.1. The 4 (four) appellants, all CRPF personnel, were convicted under Section 302 read with Section 34, IPC and under Section 323 read with Section 34, IPC and were sentenced to undergo life imprisonment with fine of Rs. 5,000/- only to be paid by each of them and in default to undergo one year imprisonment for the offence of murder and also sentenced to suffer 6(six) months imprisonment for the offence of voluntarily causing hurt to the informant and also sentenced to suffer one year imprisonment for the offence of assault and for using criminal force upon the informant public servant while he was discharging official duties byjudgment and order dated 20.12.2000 passed by Additional Sessions Judge, North Tripura, Dharmanagar in Sessions Trial 10 (NT/K) of 1998. Being dissatisfied with and aggrieved by the aforesaid judgment and order dated 20.12.2000 passed by the learned Additional Sessions Judge, North Tripura, the appellants preferred an appeal before this Court wh...
Tag this Judgment!Court : Guwahati
Decided on : Feb-13-2008
H. Baruah, J.1. Heard Mr. V. K. Jindal, learned Counsel for and on behalf of the appellant, M/s. Oriental Insurance Co. Ltd. and also heard Mr. H. Mongkhlaw, learned Counsel for and on behalf of the respondent.2. The appellant, M/s. Oriental Insurance Company Ltd. by presenting this instant appeal has challenged the legality and correctness of the judgment and order dated 28-5-2007 passed in MAC Case No. 13/2007 by the learned Member, MACT, Shillong.3. An accident took place at Ryngdang-briew under Umiam Police Station, Ri-Bhoi District on Guwahati Shillong Road of 24-12-2004 at 7-45 p.m. and in the said accident a Maruti Car being registration No. ML 05C-5768 belonging to respondent No. 1 herein got damaged on being hit by a Truck bearing registration No. TR IC-1592 belonging to respondent No. 2 herein. The owner, respondent No. 1 as claimant filed an application under Section 166 of the MV Act, 1988 seeking compensation for the damage caused to his vehicle from the insurer of the Tr...
Tag this Judgment!Court : Guwahati
Decided on : Jan-11-2008
B.P. Katakey, J.1. This appeal by the convicts from jail is directed against the judgment of conviction dated 01.11.2001 recorded by the learned Addl. Sessions Judge-2, Tinsukia in Sessions Case No. 175(CH)/2000 convicting the appellants Under Section 302/34 IPC and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 5,000/- each, in default, to undergo simple imprisonment for three months each.2. The prosecution case in brief is that on 20.2.2000 around 2.00 P.M., the Officer-in-Charge of Dholla Police Station, Sri Rukumuddin Hazarika (PW14) along with his police party went to Dhola Ajokhowa Gaon in connection with operation against a banned organization, namely ULFA. During the course of operation, they were informed about a dead body, which was lying in the field. Thereafter, they went to the place where such dead body was lying and found the same to be of Kuntil Sonowal. On the same day, an FIR was also lodged by the wife of Kuntil Sonowal, namely Smti. Khirod...
Tag this Judgment!Court : Guwahati
Decided on : Sep-30-2008
A.K. Patnaik, J. 1. This is an appeal under Section 260-A of the Income Tax Act, 1961, (hereinafter referred to as 'the Act, 1961'). 2. The respondent herein carries on the business of a Hospital. For the assessment year 1994-95, the respondent claimed a deduction under Section 80-HH and Section 80-I of the Act, 1961, amounting to Rs. 14,85,387. The Assessing Officer, namely, the Deputy Commissioner of Income-tax (Assessment), Special Range-I, Guwahati, in his assessment order under Section 143(3) of the Act, 1961, dated 5.3.1997 held that since the assessee company was notan industrial undertaking, it was not eligible for deduction under Sections 80-HH and 80-I of the Act, 1961. Against the said order of assessment, the respondent filed an appeal before the Commissioner of Income-tax (Appeals), Guwahati. The Commissioner of Income-tax (Appeals) held that the issue as to whether the respondent was entitled to deduction under Sections 80-HH and 80-I of the Act, 1961, had been decided ...
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