Guwahati Court May 1985 Judgments
Chiram Mukta Singh Vs. State of Assam
Court: Guwahati
Decided on: May-23-1985
K.N. Saikia, J.1. The petitioner herein impugns the judgment and order dated 7-2-1985 passed in appeal by the Sessions Judge, Cachar and Karimganj at Silchar upholding his conviction under Section 279/304-A Indian Penal Code but reducing the sentence to imprisonment for 3 months and to pay a fine of Rs. 1000/- in default simple imprisonment for two months under Section 304-A, and the imprisonment for 2 months under Section 279 Indian Penal Code, both the sentences being ordered to run concurrently.2. On 30-10-1979 at about 5.30 p.m. the accused petitioner Sri Chiram Mukta Singh while driving the line Bus No. 4331 towards Udharbond from Silchar, knocked down a girl named Laila Begum Choudhury who died on the spot. He did not stop the vehicle on the spot but drove it towards Udharbond Police Station where he surrendered.3. The trial court considering the evidence and materials on record convicted him under the aforesaid sections and sentenced him to R.I. for 6 months under Section 279 an...
Tag this Judgment!Rameswar Goenka Vs. Income-tax Officer and ors.
Court: Guwahati
Decided on: May-20-1985
K.N. Saikta, J. 1. The petitioner, a resident of Police Bazar, Shillong, impugns the notice demanding interest of Rs. 3,972 levied under Section 139 of the Income-tax Act, 1961, shortly 'the Act', for delayed filing of return. During the assessment year 1962-63, he had income from two firms, namely, M/s. Ganeshdas Sreeram and M/s. A.V. Morello & Co., both having their head offices at Shillong, The Income-tax Officer, A-Ward, Shillong, made final assessment under Section 143(3)/154 of the Act and found his total income at Rs. 91,451 computed as follows :Rs.(1)Share of profit from M/s. Ganeshdas Sreeram : (a)Business80,291(b)Property10,18390,474(2)Share of profit from M/s. A. V. Morello & Co. 977Total :91,4512. A demand notice dated March 27, 1967, for payment of Rs. 51,246 as tax for the said assessment year 1962-63, including an amount of Rs. 6,031 as interest under Section 139 of the Act, was issued. The petitioner filed a petition for waiver of the interes...
Tag this Judgment!The Collector of Kamrup Vs. Smt. Anandi Debi
Court: Guwahati
Decided on: May-16-1985
Lahiri, (Actg.) C.J. 1. Whether the respondent is entitled to 15 per cent solatium of the market value of the land as awarded by the civil court on reference under the Assam Land (Requisition and Acquisition) Act, 1948? This is the only contention raised by the appellant in these appeals. No other point has been urged by Mr. S.A. Laskar, learned Additional Senior Government Advocate, Assam. 2. Briefly, the necessary facts for disposal of these appeals are that two parcels of lands were acquired by the Collector under the provisions of the Assam Land (Requisition and Acquisition) Act, 1948, shortly 'the Assam Act'. The Collector awarded compensation. The respondent sought for a reference, obtained it and upon hearing the parties and on conclusion of trial the Court awarded market value, interest and 15 per cent solatium on the market value, in consideration of the compulsory nature of the acquisition. The appellant being aggrieved by the award of 15 per centum solatium on the market ...
Tag this Judgment!Uphras Lapasam and anr. Vs. Ka Esiboll Lyngdoh and ors.
Court: Guwahati
Decided on: May-10-1985
R.K. Manisana Singh, J. 1. This appeal arises from the judgment and decree passed by the learned District Council Court, Jowai in Misc. Title Civil Appeal No. 1 of 1982 confirming the judgment and decree passed by the Subordinate District Council Court passed in Title 13 of 1980. 2. The appellant instituted Title Suit No. 13 of 1980 against the respondents claiming, inter alias, a decree for declaration of right and title of the plaintiff to the disputed forest, in the Court of the Subordinate District Council Court (Trial Court). The learned Trial Court disposed of a preliminary issue relating to res judicata. The learned Trial Court held that the Suit was barred by the principles of res judicata as a result of the decision of the S. D. O., Jowai in Civil Appeal No. 16 of 1951 and dismissed the suit. The appeal from the judgment and decree of the Trial Court to the District Council Court, Jowai was dismissed by the District Council Court in Misc. T. C. Appeal No. 1 of 1982. Therefor...
Tag this Judgment!Ka Ersilian Lyngdoh Vs. U. Kordring Roy Sad and anr.
Court: Guwahati
Decided on: May-02-1985
Saikia, J. 1. The decree nisi passed by the Judge, District Council Court, Khasi Hills, Shillong in Divorce Suit No. 43 of 1981 dissolving the marriage of the petitioner with the respondent has come up before this Court for confirmation under Section 17, Divorce Act, 1869, for short, 'the Act'. 2. The petition for divorce was filed by the petitioner Ka Ersilian Lyngdoh for dissolution of her marriage with the respondent on the ground of adultery coupled with desertion for a period of two years or upwards. The petitioner examined herself as P. W. 1 and one more witness. She deposed that respondent 1, U. Kording Roy Sad was her husband. Their marriage was solemnised under the Christian Marriage Act at Laitongri village by Rev. F. Lyngdoh on 5th June, 1976 who gave them the marriage certificate, (Ext. 1). After the marriage the parties lived and cohabited together at Laitnongrim village and there were two issues out of the wedlock. In the month of April, 1979 the respondent committed ad...
Tag this Judgment!Ka Steldoris Syiemlieh Vs. U. Skipland Sanglyne and anr.
Court: Guwahati
Decided on: May-02-1985
K. Lahiri, C.J.(Acting) 1. The decree nisi for dissolution of marriage passed by the District Council Court, Khasi Hills under Section 14 of the Indian Divorce Act, 1869 for short 'the Act', has come up for confirmation under Section 17 of the Act. 2. Divorce Galore Syndrome : The other names of dissolution are 'destruction end of life and death'. We are alarmed to note the mercurial upswing of divorce proceedings in this region. A considerable number of cases coming from this region relates to 'legal separation of man and wife'. These are all divorce a vinculo matrimony', a total divorce of husband and wife dissolving the marriage tie and releasing the parties wholly from their matrimonial obligations. Two young persons go to Church solemnly pledge that they shall ever live as man and wife. The marriages are religiously and solemnly performed. In all systems, be that Hindu, Islamic, Christian etc. marriage is a legal union of one man and woman as husband and wife-- it is a legal st...
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