Guwahati Court October 1981 Judgments
Job Hamington Vs. Commissioner of Police and ors.
Court: Guwahati
Decided on: Oct-15-1981
P.D. Desai, J.1. The petitioner is the detenu. The order of detention was made by the first respondent (Commissioner of Police, Ahmedabad City) on June 12, 1981 under Sub-section (2) read with Sub-section (3) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act'), on the said respondent being satisfied that it was necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad City. The grounds of detention dt. June 12,1981 were duly served upon the petitioner together with documents which consist of a large number of First Information Reports lodged against the petitioner at different police stations under the jurisdiction of the first respondent and outside such jurisdiction, and statements of three witnesses. The second respondent (State Government) approved the order of detention under Sub-section (4) of Section 3 of the Act on June 23. 1981. The peti...
Tag this Judgment!Oil and Natural Gas Commission, Nazira Vs. Ganesh Prasad Singh and ors ...
Court: Guwahati
Decided on: Oct-01-1981
Singh, J.1. The following question has been referred by the learned single Judge to a larger Bench viz. 'whether the High Court can interfere sitting in revision with an order passed by a Subordinate Court which is within its jurisdiction,' but which is discretionary in nature and if so, under what circumstances?2. The circumstances which give rise to the reference above may be briefly stated. The Respondent No. 1 was a teacher under Respondent No. 2, and in that capacity he occupied a quarter of the present petitioner. The respondent No. 2 opened a Model School, a private institution, managed by a Governing Body. The petitioner herein with a view to help the respondent No. 2 placed at its disposal some quarters to be used for the purpose of the said school. The condition was that the aforesaid society, respondent No. 2, would pay to the petitioner standard rent plug Municipal taxes, water and electric charges and that the quarters shall be immediately handed over to the petitioner i...
Tag this Judgment!Commissioner of Wealth-tax Vs. Gangadhar Sikaria
Court: Guwahati
Decided on: Oct-01-1981
Lahiri, J. 1. We propose to dispose of these applications under Section 27(3) of the W.T. Act, 1957, by a common order, with the concurrence of the learned counsel for the parties; they involve common questions of law and facts and are off-shoots of a common order passed by the Income-tax Appellate Tribunal rejecting the reference applications under Section 27(1) of the W.T. Act, 1957, thereby refusing to state the cases and refer the questions of law said to have arisen out of the order passed by it. The petitioner claims a reference of the following 'questions of law' to this High Court, for its decision : Questions of law : '(i) Whether, on the facts and in the circumstances of the case, and on a proper construction of the relevant clauses of the trust deed the Tribunal is right in holding that the trust created under the said deed is valid and not inconsistent with any of the provisions of the Indian Trusts Act, 1882 (ii) If the answer to question No. (i) above is in the negativ...
Tag this Judgment!Commissioner of Income-tax Vs. Satyanarayan Sikaria
Court: Guwahati
Decided on: Oct-01-1981
Lahiri, J.1. We propose to dispose of Civil Rules 77(M) to 80(M) by a common order and the other civil rule by a separate order for the convenience of the parties, of course, with prior concurrence of the counsel for the parties. The application involves common questions of law and facts. 2. Civil Rules 77(M) to 80(M) : By separate applications Under Section 256(2) of the I.T. Act, 1961, the Commissioner of Income-tax, Shillong, (for short ' CIT') has prayed that the Income-tax Appellate Tribunal, Gauhati Bench, Gauhati ('the Tribunal ' hereinafter), be directed to prepare the statements of the cases and refer the following questions for decision of the High Court!3. Questions of law ' (i) Whether, on the facts and in the circumstances of the case, and on a proper construction of Section 171(1) of the Income-tax Act, 1961, and having regard to the rights and titles of assessee-HUF under the Hindu law over the income, business and the properties with which the business was carried on...
Tag this Judgment!Oil and Natural Gas Commission, Nazira Vs. Ganesh Prasad Singh and ors ...
Court: Guwahati
Decided on: Oct-01-1981
Singh, J.1. The following question has been referred by the learned single Judge to a larger Bench viz. 'whether the High Court can interfere sitting in revision with an order passed by a Subordinate Court which is within its jurisdiction,' but which is discretionary in nature and if so, under what circumstances?2. The circumstances which give rise to the reference above may be briefly stated. The Respondent No. 1 was a teacher under Respondent No. 2, and in that capacity he occupied a quarter of the present petitioner. The respondent No. 2 opened a Model School, a private institution, managed by a Governing Body. The petitioner herein with a view to help the respondent No. 2 placed at its disposal some quarters to be used for the purpose of the said school. The condition was that the aforesaid society, respondent No. 2, would pay to the petitioner standard rent plug Municipal taxes, water and electric charges and that the quarters shall be immediately handed over to the petitioner in ...
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