Guwahati Court June 1985 Judgments
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Binod Baruah Vs. Ratul Chandra Goswami
Court: Guwahati
Decided on: Jun-19-1985
Lahiri, Actg. C.J. 1. This is an application for restoration of Second Appeal No. 48 of 1982 which was dismissed on 4-3-1983, for default on the part of the counsel for the appellant/petitioner. The appellant-petitioner comes from a distant village in the district of Lakhimpur. The subject-matter of the appeal is an immovable property and it involves a sizeable area of land measuring 6 B. 1 K. and, in a part of which, the appellant-petitioner is having his residential house and is residing with the members of his family. As already stated, the aforesaid Second Appeal No. 48/82 was dismissed on 4-3-1983 on account of laches on the part of the counsel for the appellant. The petitioner came to know of the same on 2-1-1985 from the Nazir of the Assistant District Judge at Lakhimpur. He filed objection, which was, however, rejected. It is stated in the petition that due to financial constraints and illness, the petitioner could come to Gauhati only on 8-4-85 and met his counsel who, after...
Soneswar Borah Vs. Nagen Neog and ors.
Court: Guwahati
Decided on: Jun-18-1985
R.K. Manisana Singh, J. 1. It appears from the records that the depositions of the P. Ws. 1 and 2 were supposed to be signed by the Hon'ble Judge (since deceased) at places marked in the depositions for the signatures of the Judge. The witnesses had signed the depositions. However, the Hon'ble Judge had not signed them. It also appears that the evidence of the witnesses were taken from the dictation of the Judge directly on the typewriter. The case is appealable to the Supreme Court of India under Section 116A of the Representation of the People Act, 1951 (the 'Act' for short). The evidence of P. Ws. 1 and 2 were taken on 7-11-1983 and 8-11-1983 respectively. P. W. 2 was the Deputy Registrar (Administration) of the Gauhati High Court. He has now retired from the service.2. A short question which arises for consideration is whether a Judge is required to sign the deposition of the witness in an election case. Section 87(1) of the 'Act' runs : 'Subject to the provisions of this Act and...
Banamali Tea Estate Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-14-1985
K. Lahiri, Actg. C.J. 1. By this application under Article 226 of the Constitution, the petitioner questions the vires of Rule 11(2)(b)(i) to (ix) of the Assam Agricultural Income-tax Rules, 1939 (for short 'the Rules'), as well as the validity of the order of assessment and demand of interest on agricultural income-tax at Rs. 6,093 made by the Agricultural income-tax Officer, Assam, Gauhati (for short 'the AITO').2. The relevant facts are that for the assessment year 1970-71, corresponding to accounting year ending December 31, 1969, the petitioner was finally assessed to pay agricultural income-tax at Rs. 20,628 by the assessment order made by the Agricultural Income-tax Officer on March 14, 1972, who also levied interest of Rs. 6,093, up to March 31, 1972, on the finally assessed agricultural income-tax. The petitioner had submitted its return of agricultural income on February 24, 1972, which was found correct by the Agricultural Income-tax Officer.3. Learned counsel for the petit...
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