Guwahati Court June 1974 Judgments
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Samir Das and anr. Vs. the District Magistrate and ors.
Court: Guwahati
Decided on: Jun-25-1974
Sen, J.1. Criminal Misc. Case No. 51 (H.C.) of 1974 arises out of an application under Article 226 of the Constitution of India, directed against an order dated 3-5-1974 passed by the District Magistrate, Kamrup. Gauhati, detaining the petitioner under Section 3(2)(a) of the Maintenance of Internal Security Act, 1971 (hereinafter called 'the Act').The impugned order reads as under:Whereas I am satisfied with respect to the person known as Shri Prof. Samir Das S/o. Suresh Das of Pandu College, P. S. Jhalukbari, District Kamrup, that with a view of preventing him from acting in a manner prejudicial to the maintenance of services essential to the community, it is necessary to make the following orders:Now. therefore, in exercise of the powers conferred on me under Section 3 (2)( (a) of the Maintenance of Internal Security Act, 1971, I Shri B. r. Singh, I. A. S., District Magistrate, Kamrup, Gauhati do hereby direct that the said Shri Prof. Samir Das be detained with immediate effect and ...
S. Tunabi Sharma Sharma and ors. Vs. H. Amuba Singh and ors.
Court: Guwahati
Decided on: Jun-19-1974
Baharul Islam, J.1. This reference has been made by the learned Sessions Judge, Manipur and is directed against the judgment and order passed by the Magistrate First Class, I. W in Criminal Misc Case No. 38 of 1972-MIC/I.W. under Section 145 of the Code of Criminal Procedure. The reference has been made on two grounds, one of which is that the learned Magistrate has omitted to consider some of the documents and affidavits filed by the second party.2. Shri R. K. Manisana Singh, learned counsel appearing in support of the reference, points out that the second party filed as many as 10 documents and 5 affidavits including one by one K. Yaimabi Singh and another by one Tomba Singh. The affidavit filed by K. Yaimabi Singh had been referred to by the learned Magistrate. Although the learned Magistrate has not specifically referred to documents 1 to 6, mentioned in the list of documents filed by the second party, he has vaguely referred to some of them. But, he has totally omitted from consi...
K.C. Trunk and Bucket Factory Vs. Commissioner of Income-tax and ors.
Court: Guwahati
Decided on: Jun-19-1974
M.C. Pathak, C.J. 1. By this application under article 226 of the Constitution of India the petitioner has prayed for striking down Section 297(2)(g) of the Income-tax Act, 1961, as unconstitutional being violative of articles 14 and 20(1) of the Constitution and also has prayed for a writ in the nature of certiorari and/or any other appropriate writ for quashing the order dated February 28, 1967, passed by the Inspecting Assistant Commissioner of Income-tax (annexure ' I ' to the petition) and the order dated July 15, 1969 (annexure ' III ' to the petition), passed by the Commissioner of Income-tax. 2. The facts of the case are as follows : The petitioner assessee-firm filed a return of income for the assessment year 1960-61, on December 20, 1960, showing an income of Rs. 30,673. Later on a revised return was filed showing an additional income of Rs. 25,000 under the head ' business '. But the detailed particulars of income were not furnished. The assessment for the year 1960-61 was ...
Biswa Goswami Vs. the District Magistrate and ors.
Court: Guwahati
Decided on: Jun-05-1974
Sen, J.1. This is an application under Article 226 of the Constitution of India for the issue of a writ of habeas corpus after setting aside the order of detention dated 4-5-1974 passed by the District Magistrate, Kamrup, Gauhati (Annexure 'A') under Section 3 (2) (a) of the Maintenance of Internal Security Act, 1971. hereinafter referred to as 'the Act'.2. The impugned order of detention (Annexure 'A') reads as under:Whereas I am satisfied with respect to the person known as Shri Biswa Goswami S/o late Jamini Kanta Goswami of Silpukhari, P. S. Gauhati, District Kamrup, that with a view to preventing him from acting in a manner prejudicial to the maintenance of services essential to the community, it is necessary to make the following orders:Now. therefore, in exercise of the powers conferred on me under Section 3 (2) (a) of the Maintenance of Internal Security Act, 1971, I Shri B. P. Singh. I. A. S., District Magistrate, Kamrup, Gauhati do hereby direct that the said Shri Biswa Goswa...
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