Guwahati Court July 1983 Judgments
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Subhas Sarma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-25-1983
K. Lahiri, J.1. The object and purpose of the Rice-Milling Industry (Regulation) Act, 1958, for short 'the Act,' and the Rice-Milling Industry (Regulation and Licensing) Rules. 1959, as amended, 'the Rules' for short, the power and jurisdiction of the authority to refuse extension of permit granted under Section 5(3) of 'the Act' in exercise of its power under Section 5 (6) of 'the Act' are the subject matters for our consideration in this writ application. We are also to consider the scope of the conditions prescribed under Sub-sections (3) and (4) of Section 5 of 'the Act' read with Rule 3 of 'the Rules' for granting permits in respect of new rice mills.2. The petitioner had been granted a permit under Section 5 (3) of 'the Act' for establishment of a new Rice Mill at Nij Mikirgaon, sub-division Marigaon. District Nowgong, Assam, after due consideration of the relevant conditions set-forth in Section 5 (3) and (4) of 'the Act' read with Rule 3 of 'the Rules'. The petitioner could no...
Smt. Narmada Choudhury and ors. Vs. Motor Accident Claims Tribunal and ...
Court: Guwahati
Decided on: Jul-25-1983
Dr. Singh, J.1. A short and simple point of law has been agitated in this writ application by two ex-Directors of a defunct company. Their grievance is that the Motor Accident Claims Tribunal purporting to act as an executing court substituted them as certificate-debtors in place of the defunct company against which an award was passed by the learned Tribunal. The pathology of the case is truly revealed by the following facts laid bare in its essential detail.2. On 21-9-1962 one of the vehicles owned admittedly by M/s. National Transport (India) Pvt. Ltd. (hereinafter, the company) collided with an engine of a running train at the Noonmati Railway level crossing near Gauhati. One Dulal Chandra Chakraborty, an young typist aged 21, in employment of the hirer of the vehicle (M/s. Oil India Ltd.), travelling by the said Bus, in the course of employment, sustained serious injuries in the said accident resulting in his death. On a claim being preferred by Mahim Chandra Chaktaborty, the fat...
Sankar Tea Co. Ltd. and ors. Vs. Collector of Central Excise and ors.
Court: Guwahati
Decided on: Jul-25-1983
K. Lahiri, J.1. We propose to dispose the three Civil Rules by a common judgment as they involve similar questions of law and facts.2. The petitioners are the owners of tea gardens in Assam. In exercise of the power conferred by sub-item (1) of Item No. 3 of the First Schedule to the Central Excises and Salt Act, 1944 'the Act' for short and Rule 96-F of the Central Excise Rules, 1944, for short 'the Rules' and in supersession of the previous notifications the Central Government by Notification dated May 1, 1970 for short 'the Notification of 1970' divided the tea growing areas into Zones and fixed the rates of duties on tea produced in the said areas. However, the excise duty on tea on zonal basis was introduced from September 28, 1958. The tea growing areas divided into Zones on the basis of the weighted average sale price realised by sale of tea in internal and export auctions and varying rates of duty were fixed on tea produced in the respective Zones. Originally, the group areas ...
Moirangthem Tomba Singh Vs. State of Manipur
Court: Guwahati
Decided on: Jul-08-1983
T.N. Singh, J.1. Law cannot create life but it can promote peace harmony and orderliness in society by discouraging effectively delinquent misadventures which sometime result in loss of life. The goal of penal law is to punish crime to maintain social equilibrium. When it destroys or demotes one life it does so to make living safe and peaceful for thousand others: it does so for 'social defence'. for checking devient behaviour and promoting wholesome social norms. But those who wield the lethal power of law are by law denied a free will and a free voice. Decree they cannot as they please to tinker with precious human lives. Our rules of criminal justice remind the courts of the solemn duty on the one hand to punish a crime and on the other hand to find and punish the real offender so that no innocent life is extinguished or impaired. An accused is entitled to the benefit of doubt - but such doubt on the facts proved in the case must be doubt entertained by not a timid but a rational m...
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