Guwahati Court November 1989 Judgments

Assam State Transport Corporation Vs. Atul Chandra Goswami

Court: Guwahati

B.L. Hansaria, J.1. This appeal is directed against an award of Rs. 36, 860.00 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh. The award is relatable to a motor accident which took place on 13.4.1973. On that day, the claimant, a Lecturer in English in the Department of Education, Dibrugarh University, was travelling by a State Transport bus from Dibrugarh to Dergaon. On way, the bus met with an accident which caused grievous injury on the person of the claimant who lost his senses and subsequently derived the same when he found himself in the Assam Medical College, Dibrugarh. He had to remain hospitalised from 13.4.1973 to 30.5.1973 where after the present petition was filed claiming a sum of Rs. 1, 101,860.00 as compensation. The learned Tribunal on being satisfied about the negligence of the driver awarded a sum of Rs. 36, 860.00 of the following counts:-(i) Special damages- Rs. 1, 860.00(ii) Mental shock and bodily pain- Rs. 10, 000.00(iii) Physical injury...

Md. Abdul Matlib Vs. State of Assam

Court: Guwahati

J.M. Srivastava, J. 1. This revision is directed against the judgment and order dated 6-1-83 passed by the learned Sessions Judge, Now-gong.2. Briefly, the facts are that the petitioner was prosecuted for having committed offence under Section 4 of the Assam Liquor Prohibition Act, 1952, hereafter the 'Act', on the allegations that on 23-11-78 at about 7a.m., when K. R. Laskar, Inspector of Excise, hereafter referred as the 'Inspector' conducted search of the petitioner's residential house and its compound in village Sutahayabargaon, in his and the presence of the witnesses, a drum and two tins containing about 50 kgs. of 'fermented wash' were found in the compound of the house of the petitioner. A bottle containing about 750 ml. illicit distilled liquor and distilling apparatus from the backside of the petitioner's house were also found which were seized and later sample of liquor seized was sent for chemical examination. The Chemical Examiner (Excise) reported that the sample was '...

Ahmed Ali Vs. State of Assam and ors.

Court: Guwahati

B.P. Saraf, J.1. This application has highlighted a very disquieting feature of the administration of criminal justice in the trial Courts. In this case, the Sub-Divisional Judicial Magistrate, Morigaon (hereinafter 'the Magistrate') by order dated 24-11-83 closed the criminal case and acquitted the accused persons from the charge under Sections 147/323/324/326 of the Penal Code as he found that the non-bailable warrant against the witnesses had not been returned after service. The following observation was made in the order:'It is unfortunate that the police officers consider the submission of the charge-sheet as completion of their duty. Neither any memorandum in connection with the completion of service of warrant, notice and summon sent from the Court to the police station is returned to the Court nor they are returned with the reasons for non-service of the same. For such difficulty many cases have to be just closed after completion of procedure.'2. The aforesaid order has been ...

Khiteswar Phukan Vs. Smt. Sowala Gogoi Alias Phukan

Court: Guwahati

B.P. Saraf, J. 1. This application under Section 115 of the Code of Civil Procedure is directed against the order dated 9-8-85 passed by the District Judge, Dibrugarh in Title Suit (D) No. 8/1981 holding the opposite party Sowala Gogoi to be the legally married wife of the petitioner, Khiteswar Phukan. 2. The opposite party Sowala Gogoi filed a petition before the District Judge, Dibrugarh under Section 10 of the Hindu Marriage Act, 1955 (hereinafter 'the Act') read with Section 4 of the Marriage Law (Amendment) Act, 1976 for a decree for judicial separation contending, inter alia, that she was the wife of the petitioner having been married to him on 14th March, 1980 according to 'Hindu rites'. The petitioner resisted the said petition by contending that the opposite party was not his wife and that she was never married to him. During the pendency of the said petition the opposite party filed another application under Section 24 of the Act claiming payment of alimony at the rate of R...

Atul Gandhia and anr. Vs. State of Assam

Court: Guwahati

B.P. Saraf, J.1. This appeal is directed against the judgment and order passed by the Additional Sessions Judge, Sibsagar, Jorhat in Sessions Case No. 121 (S-G) of 1978 convicting the appellants under Sections 304 (Part II) read with Section 34 of the Indian Penal Code. The appellant No. 1 was sentenced rigorous imprisonment for three years and a fine of Rs. 500/-. The appellant No. 2 was released on probation of good conduct in exercise of powers under Section 360 of the Code of Criminal Procedure.2. The facts of the case may be briefly stated as follows: The accused-appellants Atul and Ratul are brothers. Atul is elder and married. They were living together with their father Bapuram Gandhia. The deceased Ratneswar Gandhia was their paternal uncle and his house was to the contiguous south of the house of the father of the accused persons. To the contiguous south of the house of the deceased was the house of another uncle of the accused-appellants, namely, Manik Gandhia. The incident...

Kanchan Kumar Dev Vs. State of Assam

Court: Guwahati

S. Haque, J.1. Makhan Sarkar and his wife Kamala Sarkar were killed with dagger blows on 13-6-1985. Accused-appellant Kanchan Kumar Dev was responsible for causing their death. He faced the trial in the court of Sessions Judge, Silchar in Sessions Case No. 140/1985 under Section 302 I.P.C. and was convicted for the said charge vide judgment dated 2-1-1987 and sentenced to suffer imprisonment for life. Hence, this appeal by Kanchan Kumar Dev.2. There was no dispute on the fact of death of Makhan and Kamala as a result of injuries sustained on 13-6-1985. Dr. B. K. Borah, Asstt. Prof. of Forensic Medicine, Silchar held post mortem examination on both the dead bodies. He found three stab wounds of the following descriptions on the body of Makhan :--(1) one stab wound situated on the left of the chest near nipple laterally over the 4th intercostal space penetrating into the thorax, pleura cut, left lung cut with profuse haemorrhage, anterior wall and right heart was cut of the size 2 x 5 c...

Commissioner of Income Tax Vs. Gourishankar Khatuwal and Bros.

Court: Guwahati

A. RAGHUVIR, C.J. :The instant reference is under the IT Act. The assessee in the reference is a partnership firm M/s. Gourishankar Khatuwal & Bros. of Haibargaon in the district of Nagaon. The reference relates to the asst. yr. 1978-79.2. The ITO, A-ward, Nagaon passed the assessment order on 30th October, 1978. In appeal the AAC modified the order on 10th October, 1979. On a further appeal to the Tribunal by the firm on 14th June, 1982 the appellate order was confirmed except in some minor aspects. The subject of the instant reference does not relate to the AACs order or that of the order of the Appellate Tribunal.The CIT found exercising power under s. 263 of the IT Act that in the order of the ITO on 30th October, 1978 two items relating to interest were excluded from income. The exclusion of the Two items prejudicially affected the interest of the Revenue. He enumerated one of the items as Rs. 2,880. This amount was received by the assessee but it was excluded from income. As...

Commissioner of Income Tax Vs. Gourishankar Khatuwal and Bros.

Court: Guwahati

Reported in: (1991)93CTR(Gau)294

A. RAGHUVIR, C.J. :The instant reference is under the IT Act. The assessee in the reference is a partnership firm M/s. Gourishankar Khatuwal & Bros. of Haibargaon in the district of Nagaon. The reference relates to the asst. yr. 1978-79.2. The ITO, A-ward, Nagaon passed the assessment order on 30th October, 1978. In appeal the AAC modified the order on 10th October, 1979. On a further appeal to the Tribunal by the firm on 14th June, 1982 the appellate order was confirmed except in some minor aspects. The subject of the instant reference does not relate to the AACs order or that of the order of the Appellate Tribunal.The CIT found exercising power under s. 263 of the IT Act that in the order of the ITO on 30th October, 1978 two items relating to interest were excluded from income. The exclusion of the Two items prejudicially affected the interest of the Revenue. He enumerated one of the items as Rs. 2,880. This amount was received by the assessee but it was excluded from income. As to t...

Hanuman Box Agarwalla Vs. Girish Chandra Gogoi and ors.

Court: Guwahati

B.L. Hansaria, J. 1. A case was registered against opposite parties Nos. 1 to 5 under Sections 447/448/323 read with Section 34 IPC. This was pursuant to a first information report lodged on 27-11-79. The accused persons came to be arrested on 2-12-79 and 27-12-79. On charge-sheet being submitted on 18-11-80, the accused persons faced their trial and the learned trial Court held the accused persons guilty under the aforesaid Sections of law., But then the accused were acquitted because of what has been laid down in Section 167(5) of the Cr. P.C. The acquittal order has been assailed by the complainant in this revision.2. The revision came up for hearing before a learned single Judge (Homchoudhuri, J.) before whom the decision rendered by another learned single Judge of this Court (Phukan, J.) in State of Tripura v. Niranjit, (1987) 1 Gauhati LR 231 was relied on on behalf of the accused persons. It has been held in Niranjit that where a charge-sheet is submitted beyond the period of ...