Guwahati Court March 1955 Judgments

Senairam Doongarmall Vs. Commissioner of Income-tax, Assam.

Court: Guwahati

RAM LABHAYA, J. - Income Tax Reference No. 1 and Civil Reference Nos. 83 and 84 of 1954 all arise from two assessments for the years 1945-46 and 1946-47 of Messrs. Senairam Doongarmall, who are petitioners in all the three cases. This order shall dispose of all the three cases. the petitioners constituted a Hindu undivided family firm. The firm had several sources of income, including the Sewpur Tea Estate. The factory buildings, bungalows, staff and labourers quarters of the tea estate were requisitioned by the military authorities under the Defence of India Rules in February, 1942. The tea garden or rather the land under tea cultivation was not requisitioned. the manufacture of tea however had to be suspended by reason of the occupation by the military of the factory buildings, bungalows, staff quarters, etc. The assesses were entitled under the Defence of India Rule to compensation for occupation of the property requisitioned. This compensation was awarded on the basis of the claim...

Ukakhasia Uchai Khasia Vs. Manipur State and ors.

Court: Guwahati

Reported in: 1956CriLJ249

1. This is an application in revision on behalf of Ukakhasia against the order of the Senior Extra Assistant Commissioner, Imphal dated 23-12-1954 by which it has been held that the case under Section 161/116, I.P.C. started against the petitioner by the Jiribam Police on the complaint of the opposite party No. 3 Shri Naba kumar Singh, has been held to be triable by the senior E, A. C, and not by a Special Judge as provided by Section 7, Criminal Law Amendment Act, 1952 (Act XLVI of 1952).2. It appears from the complaint dated 15-3-1954 that according to the prosecution the petitioner went to the quarters of the opposite party No. 3 at about 9 A.M. on 15-3-1954 and told him that he had filed a petition in the court of She opposite party No. 8 a week back for getting settlement at Latingkhal Makha. The opposite party No. 3 told the petitioner that the petition might be lying with the Amin and an enquiry might be made in the office, but the petitioner refused to leave the room and offere...

Ukakhasia Uchai Khasia Vs. Manipur State and ors.

Court: Guwahati

Reported in: 1956CriLJ249

ORDERBrij Narain, J.1. This is an application in revision on behalf of Ukakhasia against the order of the Senior Extra Assistant Commissioner, Imphal dated 23-12-1954 by which it has been held that the case under Section 161/116, I.P.C. started against the petitioner by the Jiribam Police on the complaint of the opposite party No. 3 Shri Naba kumar Singh, has been held to be triable by the senior E, A. C, and not by a Special Judge as provided by Section 7, Criminal Law Amendment Act, 1952 (Act XLVI of 1952).2. It appears from the complaint dated 15-3-1954 that according to the prosecution the petitioner went to the quarters of the opposite party No. 3 at about 9 A.M. on 15-3-1954 and told him that he had filed a petition in the court of She opposite party No. 8 a week back for getting settlement at Latingkhal Makha. The opposite party No. 3 told the petitioner that the petition might be lying with the Amin and an enquiry might be made in the office, but the petitioner refused to leave...

Mulchand Bader Vs. the State of Assam and anr.

Court: Guwahati

Ram Labhaya, J.1. This is a petition Under Section 215 read with Section 561 A, Criminal P. C. Petitioner Mulchand Bader has prayed for the quashing of his commitment which has been ordered by Shri S. N. Sen, Magistrate, 1st Class, Tezpur by his order dated 31-12-1954. He has been committed to be tried for two offences namely (1) Under Section 467, Penal Code, for forging a sale deed Ex. II with intent to defraud the complainant Jainal Abedian as well as the S. D. C. at Tezpur and with intent to support his claim for a mutation in case No. 413 of 1950-51 and (2) Under Section 471, Penal Code, for fraudulently using as genuine the sale deed Ex. II which he knew or had reason to believe at the time he used it to be a forged document on or about 10-7-1951.2. The commitment came to be ordered under the following circumstances. The land of which mutation was sought is situate in the town of Tezpur. It is comprised in patta No. 72 which has two dag Nos. 1617 and 1869. Badhu Sing was the ori...