Guwahati Court June 1986 Judgments
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The State of Assam Vs. Sri Basanta and ors.
Court: Guwahati
Decided on: Jun-19-1986
Lahiri, J. 1. This is an appeal directed against the judgment and decree dated 12-4-83 and 18-3-84 passed by the Assistant District Judge, Tezpur in Money Suit No. 14 of 1980. The appellants question the validity of the impugned order rendered by the Court under Order VIII, Rule 10 of the Civil P.C., for short 'the Code'. However, the main question in the appeal is whether on the facts and circumstances of the case the court was legally justified in proceeding to pronounce the judgment and decree against the defendants for their inability to file written statement on just and sufficient ground. 2. The relevant facts are that the plaintiffs instituted a suit for recovery of Rs. 2,04,100.00 claiming damage or compensation for malicious prosecution against the State of Assam, defendant No. 1 and four police Officers, defendants 2 to 4 and Smt. Meena Devi Chandak, defendant No. 5. The plaintiffs claim that they had civil litigations against Smt. Meena Devi Chandak and during the contin...
The Assam and Meghalaya State Road Transport Corporation, Gauhati Vs. ...
Court: Guwahati
Decided on: Jun-17-1986
Lahiri, J. 1. A young person aged about 28 years in the prime of his life lost his manhood and youth in a motor accident. The killer vehicle belonged to the State Transport Corporation. It was driven rashly and negligently. The young man escaped death but he is lifeless, living a deadly life. He sustained numerous unjuries but the worst was the injury on his leg which had to be amputated from the thigh. The accident happened on 31-5-71. The killer vehicle was owned by the State Transport Corporation. The State owned Corporation provided no aid, no assistance nor any helping hand to the lame young man, possibly because he was 'a labouring man'. So, a lame person had to lodge his claim before the Motor Accident Claims Tribunal, 'the Tribunal' for short. There was no effort by the public body, no show of compassion or remorse for the handicapped No endeavour to give something and settle his claim. Like a cantankerous litigant the Corporation could not resist the temptation of litigatio...
Ananda Ram Saikia Vs. Nurul Haque and anr.
Court: Guwahati
Decided on: Jun-02-1986
T.C. Das, J.1. This appeal arises out of an award passed by the learned Member, Motor Accidents Claims Tribunal, 'the Tribunal' for short, in Motor Accident Claim Case No. 7 of 1973. The learned Tribunal, Now-gong, on the claim application of respondent No. 1 awarded a compensation of Rs. 20,000/-in total with a further direction that the appellant shall pay a sum of Rs. 5,000/- and the balance amount of Rs. 15,000/- would be paid by the insurance company, the respondent No. 2. Sterling General Insurance-Co. Ltd., Now gong, Assam was the insurer of the vehicle. The said insurance company has been renamed as 'the Oriental Insurance Company Limited'. The original claim stood at Rs. 50,000/- but the learned Tribunal after considering the facts and circumstances of the case and on scrutiny of the evidence found that a sum of Rs. 20,000/- would be 'just compensation' and accordingly awarded the same. The owner has preferred this appeal being aggrieved by the direction of the learned Tribun...
Assam Frontier Tea Ltd. and anr. Vs. Inspecting Assistant Commissioner ...
Court: Guwahati
Decided on: Jun-02-1986
P. Chennakesav Reddi, C.J. 1. The resolving of the issue raised in this case revolves round the question as to the correct interpretation of Sub-section (4) of Section 3 of the Income-tax Act (hereinafter referred to as 'the Act') and the extent of limitation on the power of the Income-tax Officer under the said Sub-section to withhold consent to vary the meaning of the expression 'previous year' by an assesses. 2. The material facts may be made plain at the outset for a proper appreciation of the issue involved in the case. The petitioner (hereinafter referred to as 'the assessee-company') grows tea by agricultural process in the tea estates situated in the State of Assam. At all material times, the assessee-company carried on and now also carries on business in growing green tea loaves and manufacturing black tea therefrom. The assessee-company is a regular income-tax assessee under the Act. The assessments under the Act have been completed up to the assessment year 1982-83. The as...
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