Guwahati Court October 1988 Judgments
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Border Security Force (B.S.F.) Vs. State of Meghalaya and ors.
Court: Guwahati
Decided on: Oct-07-1988
A. Raghuvir, C.J. 1. Baghmara is the Head Quarter of a Revenue Sub-Division in West Garo Hills of Meghalaya State. This town is on the Bangladesh border and is situate between International border pillars 1143 and 1158. The town is divided by a P. W.D. Road Along the two sides of the highway there is a bazar. Near the bazar there is Police Station, a Primary School building and residential quarter of the Sub-Divisional Officer. The inhabitants of the town speak more than one language and follow different customs and celebrate festivals in their day to day life. 2. On April 14,1987 the Rishi Community of the town were celebrating Charak Puja in the Primary School building. The establishment apprehended disturbance to peace and tranquillity in the town therefore alerted the law enforcement agencies. The Sub-divisional Officer who is also an Executive Magistrate was present in the town. The incharge officer of the Police Station was at the Thana. The Deputy Superintendent of Police arri...
Commissioner of Wealth-tax Vs. Smt. Ratni Devi Beria and Smt. Nandkish ...
Court: Guwahati
Decided on: Oct-06-1988
B.L. Hansaria, J. 1. These applications are under Section 27(3) of the Wealth-tax Act, 1957, hereinafter called 'the Act'. The question of law on which reference was prayed for before the learned Income-tax Appellate Tribunal, Gauhati Bench, was as follows : 'Whether, on a proper construction of Section 5(1)(viii) of the Wealth-tax Act, 1957, the Tribunal was justified in holding that the value of gold ornaments which was included by the Wealth-tax Officer on the basis that these were jewellery is not includible in the net wealth of the assessee for the assessment years 1969-70, 1970-71 and 1971-72 ?'2. After due consideration of the rival submissions, the learned Tribunal felt that the following question of law does arise out of the order : 'Whether the word 'jewellery' in Section 5(1)(viii) of the Wealth-tax Act, 1957, prior to the amendment of the Section and the introduction of Explanation 1 by the Finance (No. 2) Act of 1971, could take in gold ornaments without precious or semi-...
French Motor Car Co. Ltd. Workers Union Vs. French Motor Car Co. Ltd.
Court: Guwahati
Decided on: Oct-06-1988
S.N. Phukan, J. 1. The present petitioner is a Workers' Union and represents the workmen of M/s. French Motor Car Company Limited, Dispur, Guwahati. The petitioner tiled a petition before the learned Additional Deputy Commissioner, Kamrup, Guwahati, an authority appointed under the Payment of Wages Act, 1936, for short the Act, on behalf of 29 workmen claiming pay from 13th May, 1974 to 31st May, 1975 and also variable D.A.for the year 1973 payable in 1974. The petition was allowed by the learned Additional Deputy Commissioner and an appeal as provided under the Act was filed before the learned District Judge. Guwahati who is an appellate authority under the Act. The appeal was allowed by the learned District Judge and hence the present application.2. Being conscious of the legal position that power of this Revisional Court is limited as this Court can only examine whether there was any jurisdictional error, Mr. Barua, learned counsel for the petitioner has urged only one point that...
Patreswar Basumatary Vs. State of Assam
Court: Guwahati
Decided on: Oct-03-1988
R.K. Manisana Singh, J.1. This appeal arises from a judgment of the Sessions Judge, Goalpara passed on 25-6-86 in Sessions Case No. 25(3-G) of 1985 convicting the accused appellant under Section 302, IPC and sentencing him to imprisonment for life.2. Undisputed fact, which is supported by the evidence and materials on record, is that the deceased Karmeswar Basumatary and the accused Patreswar Basumatary are brothers and are resident of Bamunigaon. At the time of occurrence accused was a student, aged 20 and the deceased Karmeswar Basumatary aged 30. They lived together and sleeped together in one room. They had no other family members. They had no bed as such. They made arrangement for their sleeping on the floor of the room and the deceased was sleeping with the accused on the night of 4-3-83. The accused killed his older brother with whom he was asleep, while the cleeeased was sleeping.3. The accused spoke in defence when he was asleep with his brother, he dreamt a dream in which he...
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