Guwahati Court August 1952 Judgments
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Akeila Sheikh and anr. Vs. the State
Court: Guwahati
Decided on: Aug-01-1952
Deka, J. 1. This is an appeal from jail filed on behalf of two persons, Akeila Sheikh and Moslem Sheikh both of whom were convicted under Section 396, Penal Code, and sentenced to transportation for life and rigorous imprisonment for ten years respectively. The enhanced sentence was passed against Akeila Sheikh due to his having previous conviction under Section 395, Penal Code. 2. The prosecution case is that there was a dacoity in the house of one Sikandar Sheikh of village Chuapata on the night of 24-5-1950 or strictly speaking at about 1 a.m. on 25-5-1950 in the course of which persons numbering about twelve to twenty-five surrounded the house of Sikandar who was one of the well-to-do villagers. Four persons made an entry into the house by forcing open the door and attacked Sikandar who freed himself from their clutches and took a spear to avenge the intruders. The dacoits immediately came out and some one from amongst the dacoits fired a gun at Sikandar injuring him on his lef...
Mohanlal Jogani Rice and Atta Mills Vs. the State of Assam
Court: Guwahati
Decided on: Aug-01-1952
Deka, J. 1. This is a reference under Section 32 (3), Assam Sales Tax Act, 1947 (Act 17 of 1947) and the questions of law referred by the Commissioner of Taxes, Assam are as follows: '(1) Whether, in the facts and circumstances of the case, the turnover from the supply of bags was taxable under the Act (2) Is 'khudi' a form of rice and, on that account, exempt under Item 1 of Schedule III of the Act (3) Is 'bhushi' exempt either under Item 1 or 12 of Schedule III of the Act ?' 2. The facts leading to the reference as stated by the learned Commissioner of Taxes are as follows: The petitioner has a rice-milling business at Gauhati which is registered under the Act and supplied rice packed in bags to the Procurement Department of the Government of Assam. The mill also sold some quantities of 'Khudi' (broken rice) and 'bhushi' (rice bran) in the open market. Being a registered dealer and rice being an exempted commodity under the Act, the turnover from bags supplied to the Procurement ...
Mahindra Mohan Lahiri and ors. Vs. the State of Assam
Court: Guwahati
Decided on: Aug-01-1952
Thadani, C.J. 1. We have before us five petitions under the provisions of Article 226, Constitution of India and two Rules taken out under the provisions of Article 228. The petitions under Article 226, Constitution of India, are entitled original Misc. cases NOS. 64 to 68 of 1950, and the petitions under Article 228 are registered as civil Rules NO SECTION 104 and 105 of 1951. In all the seven matters, a declaration is sought against the constitutional validity of the Assam Management of Estates Act, 1949 (Act 17 of 1949) which received the assent of the Governor-General on 25-10-1949. For the sake of brevity the Assam Management of Estates Act, 1949, will hereafter be referred to as the impugned Act, the Bihar State Management of Estates and Tenures Act, 1949 (Bihar Act 21 of 1949) as the Bihar Act, and Legislative items NOS. 9 and 21 in List 2 of Schedule 7 to the Government of India Act, 1935, as items 9 and 21 in the 1935 Act, and item 36 in List 2 of Schedule 7 to the Constituti...
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