Guwahati Court September 1981 Judgments

State of Assam Vs. Inush Ali

Court: Guwahati

Hansaria, J.1. The occurrence which had taken place on 6-9-1977 at about 7 P. M. in the house of Gobinda Paul, P, W. 2, and which had seen the death of Nowel at the hand of Inush, accused, is not in dispute. What really calls for our decision is as to whether the offence would attract the mischief of Section 302, or would come down to Section 304 IPC2. Let the skeletal facts be noted. Both Inush and Nowel were working as ploughmen of P.W. 2. On the date of occurrence at about 7 P. M., P.W. 1 was told by his mother that Nowel was being chased by somebody. The first impression was that perhaps some dacoit was doing so. A hue and cry was raised. On going inside the house of Nowel, he was found lying on the ground with injury on his abdomen. On being asked, Nowel said that he had been stabbed by Inush with a dagger, whereafter the latter had fled away. Inush came back next morning and on being asked by P. Ws. 3 and 5, he admitted that he had assaulted Nowel as there was some quarrel betwe...

Dhira Choudhury Vs. State of Assam

Court: Guwahati

K. Lahiri, J.1. On 16-9-1981, upon hearing the parties and on threadbare scrutiny of the evidence the conviction and sentence passed against the appellant were set aside. We expressed that a reasoned judgment will follow. We now deliver the reasoned judgment.2. The appellant was convicted Under Section 395/397 IPC and sentenced to 5 years R. I. by the Additional Deputy Commissioner, Karbi Anglong. The prosecution case is that on 24-6-1975 at or about 2.30 P. M., Loknath Mukherjee since dead, a senior office clerk of Lahorijan T. E. along with PW-4, Paulush Guria were returning with cash from Dimapur. When they reached near the Tea Estate, a gang of 7/8 persons over-powered them and snatched away Rs. 3,300/- from PW-4, Paulush Guria, at pistol point. Some nearby persons including PW-3 and pW-5 raised alarm, chased the gang and a few personnel of the 4th Assam Police Battalion rendered help and one of them caught a person, later identified as Monbahadur Thapa. The police arrested Monbah...

State of Assam Vs. Inush Ali

Court: Guwahati

Reported in: 1982CriLJ1044

Hansaria, J.1. The occurrence which had taken place on 6-9-1977 at about 7 P. M. in the house of Gobinda Paul, P, W. 2, and which had seen the death of Nowel at the hand of Inush, accused, is not in dispute. What really calls for our decision is as to whether the offence would attract the mischief of Section 302, or would come down to Section 304 IPC2. Let the skeletal facts be noted. Both Inush and Nowel were working as ploughmen of P.W. 2. On the date of occurrence at about 7 P. M., P.W. 1 was told by his mother that Nowel was being chased by somebody. The first impression was that perhaps some dacoit was doing so. A hue and cry was raised. On going inside the house of Nowel, he was found lying on the ground with injury on his abdomen. On being asked, Nowel said that he had been stabbed by Inush with a dagger, whereafter the latter had fled away. Inush came back next morning and on being asked by P. Ws. 3 and 5, he admitted that he had assaulted Nowel as there was some quarrel betwee...

Ka Oldphimai Mukhim Vs. the District Council Jaintia Hills, Autonomous ...

Court: Guwahati

K. Lahiri, J. 1. The points that fall for determination in this case are whether respondent No. 3 had jurisdiction to 'cancel' the Petitioner's 'Patta' of the land being Patta No. 6198, Elaka Jowa, within Riatsasim. Elaka Jowai? If so, whether the act of 'Cancellation' was in violation of the principles of natural Justice? These are the only questions to be answered in this application under Article 226 of the Constitution. 2. Admittedly, the petitioner was granted Patta No. 6198 for the paddy fields by the District Council, Jaintia Hills Autonomous District, Jowai. The last Patta was renewed from April 1, 1968 to March 31, 1977. Clause (1) of Patta reads as follows :-- 'On expiry of this period the patta shall be renewed it the Patta holder wants to continue holding the land and the rate of revenue shall be as decided by the Executive Committee at the time of renewal'. Annexure 'B' is the report in respect of the waste land for which the peti-tioner has applied. The report shows that...

U. Stoling Nonglang Vs. Ka KlIn Lyngdoh Umiong and ors.

Court: Guwahati

K. Lahiri, J. 1. This second appeal is directed against the judgment and decree dated 20-4-1972 passed by Mr. B. R. Laso, Judge, District Council Court, United Khasi-Jaintia Hills, Shillong in Misc. Appeal No. 11 of 1971 wherein the learned Judge has allowed the appeal, set aside the decree of the trial Court and non-suited the plaintiffs-appellants. 2. The appellants as plaintiffs filed a suit being Political Case No. 27 of 1968 in the Court of the Additional Subordinate District Council Court of Maharam Syiemship against five named defendants and 33 others but not named specifically in the plaint. The suit was for cancellation of the sale deed dated Aug. 27, 1965 executed in favour of the five named defendants by some members oftheir Nonglang clan in violation of the customary law, without any knowledge and consent of the Kur elders. The plaintiff asked for relief besides cancellation, of the sale deed, a decree against the sellers to return the consideration to defendants 1 to 5 ...

State of Assam Vs. Mobarak Ali and ors.

Court: Guwahati

K. Lahiri, J. 1. This is a reference under Section 395 of the Criminal P. C, 1973 to obtain a decision in respect of a question of law said to have arisen at the hearing of Criminal Motion No. 1 (4) of 1978 before the learned Sessions Judge, Dhubri. The question asked by the learned Judge may be fashioned thus:Whether a Magistrate can grant bail under Section 437 of the Cr. P.C. when an accused voluntarily appears before him?2. Intrinsic Facts: On 17-8-79, the accused persons voluntarily appeared before the Chief Judicial Magistrate, Goalpara. They were arrayed as accused m the Ejahar. They made an application for bail and surrendered to the Court. The learned Magistrate, having considered the facts and circumstances of (he case enlarged them on bail. The State preferred an application under Section 395, Cr. P.C. against the order, During the course of hearing of the Criminal Motion, the learned Sessions Judge considered that the Chief Judicial Magistrate had no jurisdiction vested i...

General Manager, Oil Refineries Ltd. Vs. General Manager, S.E. Railway ...

Court: Guwahati

S.M. Ali, J.1. This appeal arises from judgment and decree passed by Shri J. Singh Chetry, Asstt. Dist. Judge, Gauhati in M. Suit No. 9 of 1963 (M. S. 13 of 1972) dismissing the suit on contest against the plaintiff. Being aggrieved by the judgment and decree the plaintiff has come up in appeal before this Court.2. The suit is for recovery of a sum of Rs. 16,473.65 p. due to loss caused to Use plaintiff for non-delivery of goods by the carriers.3. On 4-8-1961 M/s. Hindusthan Steel Co. Ltd. made over 194 pieces of M. S. Plates to the servants of first defendant being the General Manager of the South Eastern Railways at Rourkela for despatch of the same to Gauhati Bazar Ghat and for delivery of the same to the plaintiff. The consignment was made under Railway Receipt No. (invoice No.) 6/207302 dated 4-8-1961, in two wagons being S. E. 11759 and C. R. 31607.4. Thereafter on 13-9-1961 a lot of 105 pieces of M. S. Plates contained by wagon No. C. R. 31607 was delivered to and received by t...

Bhawani Shankar Bagaria Vs. Asst. Controller of Estate Duty

Court: Guwahati

Pathak, Actg. C.J.1. In this reference under Section 64(1) of the Estate Duty Act, 1953 (hereinafter referred to as 'the Act'), the following question has been referred to us by the Tribunal for our determination at the instance of the accountable person. The question which is said to arise from the order of the Tribunal in E.D.A. No. 32(G) of 1970-71, dated August 31, 1973, is: 'Whether, on the facts and in the circumstances of the case, the estate duty payable on the property passing on the date of death was a debt and deductible out of the principal value of the estate ?'2. In order to appreciate the scope of the question, it is necessary to refer briefly to the facts and circumstances indicated in the statement of the case. The deceased, Shri Sardarmal Bagaria, died on December 30, 1961. He was the karta of an HUF by name M/s. Girdharilal Sardarmal. The family consisted of the deceased, his wife and the adopted son. The adopted son is the accountable person. The entire property b...

The Chairman, Silchar Municipal Board Vs. Azizur Rahman

Court: Guwahati

K. Lahiri, J.1. This is an appeal against an order of acquittal passed by Shri B. Saikia, Magistrate (J, 1st Class, Silchar, acquitting the accused of the charges Under Sections 176/177, Assam Municipal Act, 1956(Assam Act 15 of 1957, for short 'the Act'.2. The allegations against the accused were that he had constructed a house without previous sanction of the Municipal Board, Silchar, as required Under Section 174 of 'the Act'. Further the accused violated the requisitions served on him Under Section 177 of the Act. The accused appeared and the offences were explained. Three witnesses on behalf of the complainant and one defence witness were examined.3. The case that emanates from the prosecution witnesses is that the accused had constructed one house in Municipal Holding No. 452 in Ward No. 20 without obtaining prior permission from the Board. He was served with notice dated 18-1-1971, by the Municipal Board to show cause why he should not be prosecuted. Thereafter, on failure to c...

Jeypore Timber and Veneer Mills (P.) Ltd. Vs. Commissioner of Income-t ...

Court: Guwahati

Lahiri, J. 1. 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in setting aside the order of the Appellate Assistant Commissioner relating to the cash credit of Rs. 40,000 in the assessment year 1965-66 ' 2. This fact-oriented question has been referred by the Income-tax Appellate Tribunal, Gauhati Bench, Gauhati, Under Section 256(1) of the I.T. Act, 1961, hereinafter referred as ' the Act'. However, during the course of the argument, Shri J.P. Bhattacharjee, learned Advocate-General, Nagaland, appearing for the assessee has made valiant efforts to squeeze out some questions purported to be questions of law arising out of the order. 3. The pertinent facts necessary for disposal of the questions raised are as follows : On scrutiny of the accounts of the assessee the Income-tax Officer, for short 'the ITO', found a cash credit entry in the name of M/s. Surekha Jute Co. entered on June 17, 1964. However, the enquiries by the ITO had revealed that ...