Guwahati Court October 1990 Judgments

The State of Assam Vs. Shri Shiew Kumar JaIn and Shiv Kumar

Court: Guwahati

S.N. Phukan, J.1. This appeal is by the State against the judgment and order of acquittal dated 27-4-1983 passed by the learned Chief Judicial Magistrate, Darrang at Tezpur in C.R. Case No. 412 of 1981.2. The prosecution case in brief is that on 15-12-1980 the Area Food Inspector, Tezpur visited the grocery shop of the accused respondent and collected one sample of tea, an article of food for human consumption after observing all the formalities under the provisions of the Prevention of Food Adulteration Act, 1954 and rules framed thereunder. On the next day a part of the sample was sent to the Public Analyst along with necessary memorandum in a sealed packet by registered post. Another copy of the memorandum with specimen impression of the seal was separately sent. Thereafter on receipt of the report of the Public Analyst dated 21-8-1981, the present prosecution was started. According to Public Analyst the sample did not conform to the standard.3. Learned trial court found the accuse...

Rizapliana Vs. the State of Mizoram

Court: Guwahati

J.M. Srivastava, J.1. This appeal is directed against the judgment and order dated 17-3-86 passed by the learned Additional Deputy Commissioner, Aizawl, whereby the appellant was convicted under Section 409, IPC and sentenced to three years' imprisonment and to pay a fine of Rs. 500/-, in default to undergo ten days' further imprisonment.2. The prosecution case was that Rizapliana, the appellant was Administrative Officer (A.O.) at Phuldungsei Block in Mizoram and as such was entrusted with Government rice meant for distribution to the villagers by sale through retailers. On 29-3-80 in the evening at about 7 p.m. in a drunken state the appellant called the Store Keeper, Godown Chowkidar, went to the godown within the BSF campus where on his instructions eight quintals (bags) of rice was taken out from the godown and loaded in a jeep bearing registration No. ZRM 1491. The appellant thereafter wanted to take out the rice from the campus but was prevented from doing so by the Post Comman...

On the Death of Mazid Ali (The Plaintiff) His Legal Heirs Mustt. Maimu ...

Court: Guwahati

B.P. Saraf, J. 1. One of the interesting questions that arises for cosideration in this second appeal is whether a plaintiff having himself given a particular valuation of the suit in the plaint for the purpose of Court-fee and jurisdiction and having submitted to the jurisdiction of the Court, can be permitted, after the decision has gone against it, to challenge the jurisdiction of the Court on the ground that the suit was under-valued or that if proper valuation had been taken, the Court had no pecuniary jurisdiction. 2. The facts of the case, in brief, are as follows. The appellant, as plaintiff, filed a suit in the Court of the Munsiff, Silchar for cancellation of a khatian in respect of the suit land and for recovery of khas possession. The plaintiff valued the suit for the purpose of Court-fee and jurisdiction at the amount of annual rental only and paid a fixed Court-fee of Rs. 1.10 under Article 5 of Schedule II of the Court-fees Act. The Shirastadar of the Court put a note ...

Shri Sariful HussaIn Vs. the State of Assam

Court: Guwahati

Manisana, J.1. This revision arises from the judgment and order of conviction and sentence passed by the Chief Judicial Magistrate, Jorhat under Section 29 of Police Act in OR Case No. 697 of 1981 and affirmed by the Sessions Judge Jorhat in Criminal Appeal No. 41(3) of 1982.2. Facts leading up to this criminal revision petition may shortly be stated. The accused-petitioner Sariful Hussain has been convicted under Section 29 of the Police Act and has been sentenced to fine of Rs. 200/-. The accusation against the accused-petitioner is that while he was Assistant Sub-Inspector of Police at Golaghat Police Station a command certificate was served on him on 30-3-81 under the order of the Superintendent of Police concerned directing him to join in Jorhat Police Reserve, Accordingly he reported for duty at Jorhat Police Reserve on 31-3-81 at 11.20 A.M. The accused was present at Jorhat Police Reserve till forenoon of 1-4-81, but he left Police Reserve since afternoon of 1-4-81 without any ...

Mahesh Kr. Saharia Vs. Wealth-tax Officer

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (1991)36ITD554(Gau.)

1. This is an appeal by the assessee. The first two grounds are not pressed at the time of hearing. Hence, these are not considered.2. The next ground of appeal is that the AAC erred in stating that the original assessment order merged in the order of the AAC passed earlier, when the original assessment order was set aside and, accordingly, the order of the present AAC impugned may be reversed. It is the contention of the assessee that the WTO may be directed to allow the claim contained in the letter dated 28-4-1984.3. We have heard both the sides at length and we have gone through the orders of the authorities below and also the orders passed in the original proceeding. The assessee has also placed some paper-book for our consideration. After hearing both the sides, it is seen that the WTO passed order on 19-3-1986 under Section 16(5) read with Section 23, i.e., to give effect to the order of the earlier AAC who has set aside the assessment order passed originally. In the fresh orde...