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Guwahati Court July 1980 Judgments

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Jul 31 1980

Gokul Das Vs. the State of Assam

Court: Guwahati

Decided on: Jul-31-1980

Reported in: 1981CriLJ229

1. This criminal revision application is directed against the order dated 6-3-1978, passed by the Sessions Judge, Kamrup, Gauhati, cancelling the bail granted to the accused-petitioner by the Chief Judicial Magistrate by his order dated 3-3-1978 in G. R. Case No. 725 of 1978, which relates to possession and carrying of 259 KGs of ivory purchased from the Forest Department, Assam by one Samson Das and subsequently sold to the petitioner for Rs. 1,18,000/-.2. On a bail petition moved before him, the Chief Judicial Magistrate by his order dated 3-3-1978 allowed the accused-petitioner to go on cash bail of Rupees 8,000/- "as he is a man from outside the State". Later, on, Sri Brij Das, deposited the entire Rs. 8,000/- in cash which was received by the Assistant Nazir and was kept in safe custody. It appears from the records that no bond was executed at this stage.3. On 4-3-1978, an application was moved before the learned Sessions Judge, who fixed 6-3-1978 for its hearing. It appears that ...


Jul 31 1980

Gokul Das Vs. the State of Assam

Court: Guwahati

Decided on: Jul-31-1980

Reported in: 1981CriLJ229

ORDERK.N. Saikia, J.1. This criminal revision application is directed against the order dated 6-3-1978, passed by the Sessions Judge, Kamrup, Gauhati, cancelling the bail granted to the accused-petitioner by the Chief Judicial Magistrate by his order dated 3-3-1978 in G. R. Case No. 725 of 1978, which relates to possession and carrying of 259 KGs of ivory purchased from the Forest Department, Assam by one Samson Das and subsequently sold to the petitioner for Rs. 1,18,000/-.2. On a bail petition moved before him, the Chief Judicial Magistrate by his order dated 3-3-1978 allowed the accused-petitioner to go on cash bail of Rupees 8,000/- 'as he is a man from outside the State'. Later, on, Sri Brij Das, deposited the entire Rs. 8,000/- in cash which was received by the Assistant Nazir and was kept in safe custody. It appears from the records that no bond was executed at this stage.3. On 4-3-1978, an application was moved before the learned Sessions Judge, who fixed 6-3-1978 for its heari...


Jul 29 1980

Ganesh Chandra Hazarika Vs. State of Assam and ors.

Court: Guwahati

Decided on: Jul-29-1980

Hon'ble Judges: K.H. Saikia, J. 1. This writ application impugns the order in letter No. CMS. 273/ 76/54 dated 4-7-1979 from the Govt. of Assam, Chief Minister's Secretariat, to the Deputy Commissioner, Sibsagar, vacating the stay of operation of the 'No objection certificate' in favour of the Respondent No. 6 Shri Boloram Bora of Gaurisagar to the installation of a Petrol Pump, which stay order was issued by the same Secretariat, vide Govt. Letter No. CMS. 273/76 dated 3-4-1978. The original order No. JJ. 12/78/45 dated 22-3-1978 passed by the Additional District Magistrate, Sibsagar at Jorhat granting the No objection Certificate to the installation of a Petrol Pump by the Respondent No. 6, at Gaurisagar road junction, subject to the approval of the Chief Inspector of Explosives, Gauhati, is also being impugned in the petition. 2. The petitioner obtained a licence from M/s Indian Oil Corporation Ltd. hereinafter called 'the Corporation' of dealership in petrol and high speed diesel ...


Jul 22 1980

Commissioner of Income-tax Vs. Usha Ranjan Bhadra

Court: Guwahati

Decided on: Jul-22-1980

Pathak, Actg. C.J.1. On an application under Section 66(2) of the Indian I.T. Act, 1922, the Income-tax Appellate Tribunal, Gauhati Bench, Gauhati, was directed to draw up a statement of the case on the following question : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that no addition could be made under Section 10(2A) of the Indian Income-tax Act, 1922 ?'2. The assessee owns a rice mill and in the year 1946 he had mortgaged his immovable property including the mill machinery in favour of M/s. Tripura Modern Bank Ltd. with a view to obtain financial assistance from the bank. From time to time that bank financed the assessee. Some time after, the bank was closed down and an official liquidator was appointed. The High Court of Calcutta made an order against the assessee on September 3, 1957, for the payment of a sum of Rs. 3,76,914-11-3 along with further interest @ 6% per annum till the date of realisation and costs on the b...


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