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Ahmed Ali Vs. State of Assam and ors.

Court : Guwahati

Judge : B.P. Saraf, J.

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 62 to 69, 87, 147, 323, 324 and 326; Code of Criminal Procedure (CrPC) , 1974

B.P. Saraf, J.1. This application has highlighted a very disquieting feature of the administration of criminal justice in the trial Courts. In this case, the Sub-Divisional Judicial Magistrate, Morigaon (hereinafter 'the Magistrate') by order dated 24-11-83...

The State of Assam Vs. Sri Ajit Singh Bothra and ors.

Court : Guwahati

Judge : B.P. Saraf, J.

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3; Assam Sugar Dealers Licensing Order, 1963; Assam Trade Articles (Licensing and Control) Order, 1982

B.P. Saraf, J. 1. This is an appeal by the State against the acquittal of the accused persons by the Chief Judicial Magistrate, Kamrup, Gauhati in Case No. 230 C of 1981. 2. The prosecution case,...

Commissioner of Income-tax Vs. Jhabarmal Agarwalla

Court : Guwahati

Judge : A. Raghuvir, C.J. and B.P. Saraf, J.

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64(1); Indian Partnership Act, 1932

B.P. Saraf, J.1. By this reference made under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal, Gauhati Bench, Gauhati, has referred the following question of law for our opinion : 'Whether, on the...

Md. Makbul HussaIn and anr. Vs. Must. Zubeda Khatoon and ors.

Court : Guwahati

Judge : B.P. Saraf, J.

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 18

B.P. Saraf, J. 1. This appeal is directed against the judgment and decree passed by the Assistant District Judge No. 2, Guwahati by which the judgment and decree passed by the Munsif No. 2. Guwahati was...

Khiteswar Phukan Vs. Smt. Sowala Gogoi Alias Phukan

Court : Guwahati

Judge : B.P. Saraf, J.

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 7, 10 and 24

B.P. Saraf, J. 1. This application under Section 115 of the Code of Civil Procedure is directed against the order dated 9-8-85 passed by the District Judge, Dibrugarh in Title Suit (D) No. 8/1981 holding the...

Shri Subhas Chandra Agarwalla Vs. Smt. Golabi Devi Agarwalla

Court : Guwahati

Judge : B.P. Saraf, J.

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 18, Rules 3A and 23

B.P. Saraf, J. 1. The petitioner is aggrieved by an order dated 4-11-89 of the Assistant District Judge, Tinsukia allowing the plaintiff to be examined on commission after two witnesses on her behalf had already been...

Bogamal GohaIn and ors. Vs. Lakhinath Kalita and ors.

Court : Guwahati

Judge : B.P. Saraf, J.

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101 - Order 41, Rules 13 and 31

B.P. Saraf, J. 1. The appellants 1 and 2 herein were defendants in a suit filed by the respondent No. 1 as plaintiff in the Court of the Munsiff, North Lakhimpur. That suit was numbered as...

Ajit Chandra Bagchi and ors. Vs. Harishpur Tea Company (P) Ltd.

Court : Guwahati

Judge : B.P. Saraf, J.

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 18; Evidence Act, 1872 - Sections 34

B.P. Saraf, J. 1. This first appeal of the defendants is against the judgment and decree of the Assistant District Judge, Dibrugarh decreeing the suit of the plaintiff for recovery of a sum of Rs. 29,463,92....

Commissioner of Income-tax Vs. Yusuf Abdulla Patel

Court : Mumbai

Judge : Sujata V. Manohar, C.J. and ;B.P. Saraf, J.

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271(1)

Reported in : (1994)121CTR(Bom)13; [1994]208ITR202(Bom)

Mrs. Sujata Manohar, C.J. 1. This income-tax reference pertains to the assessment years 1967-68, 1968-69 and 1969-70. The following common question of law are referred to us under section 256(1) of the Income-tax Act, 1961 :...

Tech Movers Systems (India) P. Ltd. Vs. the Regional Provident Fund Co ...

Court : Mumbai

Judge : B.P. Saraf, J.;B.P. Saraf, J.

Subject : Service

Acts : Employees Provident Fund and Miscellaneous Provisions Act 1952, - Sections 1(4) and 7A

Reported in : 1995(4)BomCR85

B.P. Saraf, J.1. Two important questions of law arise for consideration in this case. First, when the provisions of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952 become applicable to an establishment under sub-section (4)...