Guwahati Court March 1984 Judgments

State of Assam Vs. Sundar Das Arora

Court: Guwahati

K. Lahiri, J.1. About 11 years back, precisely on 2-8-72 the District Food Inspector of Jorhat, visited the Ice Candy factory of Gopi Chand Agarwalla in Golaghat town and purchased 900 grams of ice-candy from the Manager Sundar Das Agarwalla for the purpose of analysis. It was divided in three equal parts, one part was sent for analysis by the Public Analyst. The Public Analyst found that the sample of ice-candy was mixed with 'saccharin' us sweetening element, which was violative of Item No. A.07.04 of Appendix B to the Prevention of Food Adulteration Rules. Learned trial Court rightly reached the conclusion that the Ice-candy was an article of food for human consumption. Naturally so, as it is one of the items enumerated in Appendix B of the Prevention of Food Adulteration Rules, 1955, for short 'the Rules'. Rule 44(g) of the Rules provides that any article of food which contains any artificial 'sweetener' except where such artificial sweetener is permitted in accordance with the st...

NuruddIn (Accused) Vs. State of Assam

Court: Guwahati

K. Lahiri, J.1. Nuruddin, the appellant is unfortunate in the real sense of the term. He was aged about 15 years when the incident happened. He could not have been sentenced to imprisonment for life if the incident would have happened in the neighbouring Union Territories as the Children Act of 1960 applicable in those territories bars trial of cases by the Court of Sessions. The Children Act of 1960, a Central Act, provides for the care, protection, maintenance, welfare, training, education and rehabilitation of neglected or delinquent children and for the trial of delinquent children. Joint trial of a child and a person not a child is prohibited under Section 24, Children Act Children's Courts take care of a delinquent offender.2. Section 27 Criminal P.C. 1973, provides as under:27. Jurisdiction in the case of juveniles. An offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the a...

Anjan Kumar Kataki Vs. Smt. Minakshi Sarma

Court: Guwahati

S. Haque, J.1. Petitioner Shri Anjan Kumar Kataki has preferred this Civil Revision against the Order dt. 7-2-83 passed by the learned Additional District Judge of Dibrugarh in Misc. Case No. 3 of 1980 arising out of Title Suit (Divorce) No. 1 of 1983 (Original No. 11 of 1978).2. Petitioner Shri Anjan Kumar Kataki was husband of Smt. Minakshi Devi Kataki. He instituted a suit under Section 13 of the Hindu Marriage Act for obtaining decree of divorce against Smt. Minakshi Devi. He obtained an ex parte divorce decree on 31-3-79 in the Court of District Judge, Dibrugarh.3. Smt. Minakshi Devi filed a petition under Order 9, Rule 13 C.P.C. for setting aside the said ex parte decree. The said petition was registered as Misc. Case No. 84 of 1979 in the Court of District Judge, Dibrugarh and subsequently on transfer, registered as Misc. Case No. 3 of 1980 in the Court of Additional District Judge, Dibrugarh. Shri Anjan Kumar Kataki contested the said Misc. Case on the ground that the case was...

Surajdeo Singh Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (1984)9ITD314(Gau.)

A combined order of assessment passed by the assessing officer giving effect to directions of Tribunal and also culminating proceeding under section 147(a) was justified.The Income Tax Officer was justified in passing a combined order. There was nothing in law to prevent the Income Tax Officer from passing a combined order giving effect to the directions of the Tribunal and also culminating the proceedings under section 147(a).1. This appeal relates to the assessment year 1971-72. Though as many as 14 grounds of appeal had been preferred, only three points were stressed before us by the learned Counsel for the assessee for adjudication.2. The first grievance of the assessee in the present appeal arises from the nature of the assessment order. The ITO has described the said order as having been passed in term's of Section 143(3)/147(a)/253' of the Income-tax Act, 1961 ('the Act'). The original assessment order in the present case was passed by the ITO on 20-3-1974, on the bas's of the ...

Lalit Mohan Taran Vs. Lal Mohan Deb and ors.

Court: Guwahati

K.N. Saikia, J.1. This plaintiffs second appeal is from the appellate judgment and decree of the Addl. District Judge, Tripura at Agartala dismissing the plaintiff's appeal and upholding the Munsiff's judgment and decree dismissing the suit. The Title Suit No. 14 of 1970 was for specific performance of contract of reconveyance of land sold to the defendants by the plaintiff on 26-5-69 at a consideration of Rs. 2,500/-. The defendants 1 to 4 had also executed an agreement on the same date i.e, 26-5-69 to the effect that they would reconvey the land to the plaintiff on payment of the consideration money to the defendants within 30th day of Ashadh, 1377 B. S.; and that thereafter even though the plaintiff tendered the consideration money to the defendants during the stipulated period, the latter neither accepted the money nor did execute the deed of reconveyance as agreed and that too even after a pleader's notice.2. The suit was originally instituted against the defendants 1 to 4 who fi...

Smt. Jyotibala Chakraborty Vs. Hem Chandra Sarkar

Court: Guwahati

K.N. Saikia, J.1. In this civil revision the petitioners pray for expunction of certain observations made by the learned Additional District Judge in his judgment dt. 5-3-1983 in Civil Misc. Appeal No. 83 of 1982 to the effect that the decree is not executable at the instance of the first petitioner and that the land has been vested in the Government and that the decree is executable at the instance of the State Government and that the present first petitioner has ceased to have any right or interest over the land.2. Mr. Sengupta, the learned counsel for the respondent raising a preliminary objection submits that the judgment in Civil Misc. Appeal No. 83 of 1982 was on an application for restitution under Section 144, C.P.C., and it was in determination of the question of restitution. As defined in Sub-section (2), Section 2, C.P.C., a decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determined the rights of the parti...