Guwahati Court May 1969 Judgments
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Rameswar Goenka and Ors. Vs. Income-tax Officer, 'A' Ward and Ors.
Court: Guwahati
Decided on: May-30-1969
Sen, J. 1. These seven writ applications are taken up together as the points involved therein are common. It is prayed that the respondents, namely, the Income-tax Officer, 'A' Ward, Shillong, and others, should be called upon to forbear from giving effect to the impugned notices as also the impugned order dated March 31, 1962, passed by the respondent No. 1. It is also prayed that the order dated May 4, 1966, passed on appeal by the respondent No. 1 should not be given effect to. We shall mainly refer to the facts of the case stated in Civil Rule No. 357/65, as they are common to all the rest of the cases. The assessment years involved are 1947-48, 1948-49, 1949-50, 1950-51, 1951-52, 1952-53 and 1953-54. 2. There is a Hindu undivided family under the name of Ganeshdas Sreeram which originally owned all the businesses of the family and carried on the same as such, till the assessment year 1946-47. Thereafter, there was partial partition in the year 2003, Ramnavami, corresponding to...
Ramesh Chandra Sutradhar Vs. the State
Court: Guwahati
Decided on: May-27-1969
R.S. Bindra, J.C.1. This appeal by Ramesh Chandra raises the question whether he had killed Abinash Chandra, at about dusk time on 1-4-1966 in the village of Mohanpur inside the house of P. W. 2 Mahendra Debnath, in exercise of the right of private defence of his person. The learned Sessions Judge, Agartala, has returned the verdict of guilty under Section 302, I.P.C. against the appellant and has sentenced him to life imprisonment.2. A large number of labourers had been engaged by Mahendra Debnath (P. W. 2), on the date of occurrence, for the digging of a tank in the proximity of his residential house. About an hour before sun-set a Sadhu appeared on the scene and sat down on the west of southern hut in the house of Mahendra Debnath. The deceased Abinash Chandra and his father were busy at that time with agricultural operations in an adjoining field. After finishing the day's work Abinash Chandra proceeded to a place near the south-east comer of the tank where Mahendra Debnath was st...
Naresh Ch. Nath Vs. the State
Court: Guwahati
Decided on: May-26-1969
R.S. Bindra, J.C.1. In this Criminal Appeal No. 9 of 1967 Naresh Ch. Nath assails the correctness of his conviction and sentence of life imprisonment, imposed on him Under Section 302, IPC. He has been represented in this Court by Sri S. K. Kar as amicus curiae.2. The facts of the prosecution story are not much in dispute and they also lie within a short compass. Biraja Debi P.W. 7, sister of the accused, had been married for about 4 years with the deceased Surendra Devnath, who, it is commonly admitted, had turned lunatic soon after his marriage. It was a market day in the village of Tilthai, P. S. Dharmanagar, on 12th of March, 1966. About dusk time on that day, two persons, Jatindra and Bhanu, informed Prasanna Kumar (P.W. 1), when the latter was present in the Bazar at Tilthai, that Naresh, the Pagla was administering blows with a dao, a dangerous cutting weapon, to Surendra, the deceased of this case. Prasanna Kumar deputed a few persons including Ananda Nath to the site of occur...
Lt. Col. G.K. Apte and ors. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: May-22-1969
S.K. Dutta, C. J.1. This is a revision petition. The petitioner's case is that he had been serving in the Indian Army as a Commissioned Officer for 23 years and pensioned off since 1st December, 1967. In the year 1960 the Central Government decided to construct roads on the northern corners of India with one of the headquarters at Tezpur under the command of Brigadier O.M. Mani, Chief Engineer and with such headquarters at Dibrugarh, Along and other places in North East Frontier Agency under En gineer Commanders. The petitioner was one of such Engineer Commanders and posted at Dibrugarh from November 1960 to 2nd April 1962 under the said Chief Engineer, as a Division Commander, local purchases of stores required for the construction of roads, bashas, bridges and culverts, materials like bricks, broken bricks, bamboos thatch, timbers and sand etc. These materials had to be removed from Dibrugarh to Lekhabali, Sonarighat, Deo-righat and other places beyond the river Brahmaputra and to b...
Maniram Gunju Vs. the State of Assam
Court: Guwahati
Decided on: May-06-1969
P.K. Goswami, J.1. This Criminal revision is directed against the petitioner's conviction under Section 4 of the Assam Liquor Prohibition Act, for consuming liquor in the prohibited area, and sentence of three months' rigorous imprisonment and a fine of Rs. 100/-, in default one month's rigorous imprisonment.2. Briefly the prosecution case is that on the night of 22nd of March. 1964 at about 9 P. M. the accused petitioner was found in a drunken state at the platform of Jakhalabandha Railway Station. He was caught by the Excise staff and then produced before the Medical Officer at Silghat Dispensary, who examined him then and there, and found as follows:(1) Smell of alcohol in breath found.(2) Conjunctiva congested,(3) Gait unsteady.(4) Speech incoherent.In the opinion of the doctor, the accused took alcohol in sufficient quantity as to make him intoxicated.3. The accused pleaded not guilty to the charge and stated that he did not take liquor. The learned Magistrate examined the doctor...
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