Guwahati Court April 1981 Judgments
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Electric and Furnishing Mart Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-20-1981
Saikia, J. 1. M/s. Electric & Furnishing Mart, a partnership firm of Tezpur town prays for an appropriate writ quashing the direction given by the Superintendent of Taxes, Tezpur, contained in the impugned letter containing direction as to new procedure (annexure B), accompanied by a specimen form of declaration (annexure C).2. The petitioner-firm is a registered dealer under the Assam Finance (Sales Tax) Act, 1956 (hereinafter called the Act), being No. TEZ/F/756 ; and it deals in various goods taxable under the Act, importing some of those from places outside Assam. Respondent No. 3, the Superintendent of Taxes, Tezpur, on 18th February, 1981, served on the petitioner the letter (annexure B) accompanied by a specimen form (annexure C) containing the direction to follow a new procedure by obtaining permit for import of finance tax goods into Assam by road transport purported to be under rules 55 and 56 of the Assam Finance (Sales Tax) Rules, 1956 (hereinafter called the Rules). The...
Naresh Chandra Das and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-10-1981
B.L. Hansaria, J.1. What is under challenge in this application under Article 226 of the Constitution is certain provisions of the Assam, Paddy and Rice Procurement (Licensing and Levy) Order, 1980 (hereinafter called the Levy Order). Memo No. KPS/70 dated 5th December, 1980, issued by the Sub-Divisional Officer, Kokrajhar (Annex.-D to the petition) has also been assailed,2. The petitioners are the Kokrajhar Sub-Divisional Small Scale Rice, Oil and Atta Chaki Mills Association, and its Secretary. The Association represents basically the huller rice mills of the Sub-Division. They have felt aggrieved at the demand of levy from them and on being asked to obtain the dealing licence under the Levy Order. According to the Association, its members who are the owners of the mills have been carrying on the business known as 'custom milling', which connotes the idea that they husk the Paddy brought by the customers on payment of certain service charge. The petitioners state that the owners do ...
Abdul Latif Vs. the State of Assam
Court: Guwahati
Decided on: Apr-09-1981
K. Lahiri, J.1. This is a criminal appeal from jail. The appellant stands convicted under Section 302, Indian Penal Code, for causing culpable homicide amounting to murder of a child aged about 5 years and sentenced to imprisonment for life and to pay a fine of Rupees 2,000/- in default, to suffer further prison term for another two years. The indigent accused must thank his star for the potent free legal aids provided to him.2. The prosecution case is that on 17-12-1977 Rehana Begam, aged about 5 years was found missing. There was a lot of frantic search for the missing child. At last, they inquired of the accused, who was 'lunatic', the whereabouts of the child. Thus confronted by P. W. 9 Ali Ahmed, father of the child, the accused declared that he had sent the child to God. It is alleged that he made similar statements to others that he had deposited the child into a pond. Consequent upon his statement the dead body of the girl was recovered from a nearby tank. P. W. 9, Ali Ahmed, ...
Somnath Das Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-04-1981
K.N. Saikia, J. 1. The writ petitioner herein impugns the Government order in Memo No. PDA. 135/8/12 dated 4-7-80 allowing the Panchayat appeal of respondent No. 6, Baliram Nath and remanding the case to the Nowgong Mahkuma Parishad, meanwhile staying the operation of the impugned settlement order, and the order in Memo No. PDA 135/80/28 dated 8-9-80 dismissing the petitioner's appeal petition dated 25-7-80 against the order dated 5-7-80 settling the Jamunamukh Weekly Bazar with respondent No. 5, and also the fresh sale notice in Memo No. N. M. P. 557/80 dated 18-9-80 for settlement of the same bazar.2. pursuant to the sale notice dated 3-4-80 issued by the Chief Executive Councillor, Mahkuma Parishad. Now-gong inviting tenders in respect of Jamunamukh Weekly Bazar for the period from 30-6-80 to 30-6-81 of the five tenders, the petitioner submitted tender offering Rs. 2151/-, while respondentNo. 5 Md. Abdul Haque Laskar offered Rs. 5051/- and respondent No. 6 Ru-pees 2551/-. The Exe...
Basi Singh Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-03-1981
D. Pathak, Actg. C.J.1. The petitioner has been detained Under Section 3 (2) of the National Security Ordinance, 1980, for short 'the Ordinance'. The crux of the order of detention against him is that his activities were prejudicial to the security of the State as he had entered into a conspiracy to overthrow the Government by Armed Rebellion with intent to secede from the Union of India; the activities of the detenu were of grave and serious in nature and character which led the detaining authority (Government of Assam) to make the order of detention on a reasonable prognosis of future behaviours of the petitioner.2. The petitioner, an auto-rickshaw driver of Manipuri Basti, Gauhati, was arrested by police on 9-8-1980 in connection with Gauhati Police Case No. 176 (7) of 1980 Under Sections 121A/124A, IPC on suspicion that he was in 'hand and gloves' with 'PREPAK' and 'United People's Liberation Army of Seven States' for short 'UPLASS', with a transit camp at Beltola. The petitioner ...
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