Guwahati Court February 1990 Judgments
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Smt. Basana Rani Saha Vs. Income-tax Officer.
Court: Guwahati
Decided on: Feb-27-1990
Per Shri Egbert Singh, AM. - The appeals are by the assessee which involved common facts and interlinked materials. Accordingly, we consolidate the appeals for disposal by this common order.2. From the assessment order for assessment year 1972-73, it is seen that the matter was restored to the file of the ITO by the Appellate Tribunal. Hence, fresh assessment was made. The Appellate Tribunal vide order dated 5-5-1977 mentioned that it was necessary that the matter should go back to the ITO for fresh disposal as there was some doubts expressed by the AAC regarding the area of construction of 337 sq. ft. The Appellate Tribunal observed that the ITO has also not given the basis for the estimated cost of construction per sq. ft. in respect of the building raised by the assessee. It was, therefore, necessary for the ITO to go into the question again and decide the matter afresh. Regarding the business income also, the assessee stated that the records of the earlier years need verification ...
State of Assam Vs. Sunil Kumar Dey
Court: Guwahati
Decided on: Feb-22-1990
B.P. Saraf, J.1. This appeal has been filed by the State of Assam against the award dated 9.12.1982 passed by the Member, Motor Accidents Claims Tribunal, Goalpara in M.A.C. Case No. 7 of 1979. The facts of the case are as follows:The respondent, Sunil Kumar Dey, filed a claim petition before the Motor Accidents Claims Tribunal, Goalpara at Dhubri (hereinafter referred to as 'the Tribunal') stating that on 31.1.1979 at about 4.30 p.m. the fire brigade vehicle No. AMA 2299 came rashly and negligently and after knocking down a cyclist damaged his shop house, furniture, valuable commodities and some motor parts. A sum of Rs. 55,750/- was claimed by way of damages to property on various counts, as given in the claim petition. A number of issues were framed. One of the issues was whether the claim petition was maintainable. This issue was framed on the basis of the objection taken by the State of Assam that the Tribunal had no jurisdiction to entertain a claim in respect of damages to prop...
Nitai Singha Vs. State of Assam
Court: Guwahati
Decided on: Feb-16-1990
S.N. Phukan, J.1. In this appeal the accused appellant was found guilty under Section 5 of the Explosives Substance Act, 1908, for short 'the Act' and was convicted accordingly and sentenced to suffer R.I. for 2 years and to pay a fine of Rs. 1,000/-.2. The prosecution story is that on 16-6-80 the house of the accused Netai Singh who was a driver of Thaligram Tea Estate occupying a quarter in the said garden was searched and some explosive substances were found. Accordingly he was tried and convicted.3. The learned Sessions Judge, Cachar at Silchar considered the following points:(a) Whether there is valid sanction for prosecution;(b) Whether any explosive substance was recovered from the house of the accused;(c) Whether the report of the Controller of Explosives is admissible in evidence without examining him as a prosecution witness; and(d) Whether the confession of the accused was voluntary.4. All the points were decided against the accused appeal.5. Mr. Talukdar, learned senior co...
Nagaraj Chhajar Vs. Soma Priya Ghosh and ors.
Court: Guwahati
Decided on: Feb-09-1990
S.N. Phukan, J.1. This appeal has been filed by the owner of the truck bearing registration No. ASG 2137 which was involved in the accident. The appeal has been filed against the claimant (respondent No. 1) and the insurance company (respondent No. 2).2. The claim petition was filed by the mother of deceased Nani Gopal Ghosh who was aged 23 years on the date of accident, i.e., 28.12.1984 at Bilasipara. The deceased was a handyman of the truck. The truck was returning with loaded jute to the house of the owner in the evening and while it was about to enter into the godown, the accident took place as a result of which the deceased died.3. The learned Motor Accidents Claims Tribunal, Dhubri in Case No. MAC 10 of 1985 by the impugned award dated 25.1.1988 awarded a sum of Rs. 15,000/- to be paid by the owner of the vehicle, namely, the present appellant. The learned Tribunal also awarded interest at the rate of 10 percent. The owner of vehicle has filed the present appeal as he was made l...
Md. Afsar Ali Khan Vs. Mustt. Subia @ Sahida Khatun
Court: Guwahati
Decided on: Feb-07-1990
S. Haque, J. 1. The petitioner impugnes the order dt. 29.7.83 passed by the Sessions Judge in Crl. Revision No. 16 (1) 83 granting maintenance, allowance to the opp. party Mustt. Subia alias Sahida Khatun by setting aside the order dt. 12.1.83 of the Judicial Magistrate, Dhubri in Misc. Case No. 84/79 Under Section 125 of the Cr.P.C.2. Mustt. Subia alias Sahiba was wife of Afsar Ali and had 3 children. But Afsar Ali divorced her on 23.6.79 and he married another woman. She had no source of income to maintain herself and so she filed the case under Sec. 125 Cr.P.C. Afsar Ali contested stating that he divorced her as she had adulterous connection with one Sanowar Ali and gave her 'muharana amount and maintenance for the iddat period and so, not liable to pay any further maintenance under Section 125 Cr.P.C.3. The Magistrate rejected the petitioner of Mustt. Sahida Khatun. She preferred the revision and the Sessions Judge vide order dt. 29.7.83 set aside the order of the Magistrate and a...
Chand Mia Vs. State of Assam
Court: Guwahati
Decided on: Feb-06-1990
S. Haque, J.1. Accused Chand Mia was convicted under Section 302 IPC and sentenced to R.I. for life vide judgment dt. 11-1-1984 passed by the learned Sessions Judge Shri Purna Chandra Saikia of Nowgong in Sessions Case No. 91 (N-M) of 1981 arising out of G.R. Case No. 629 of 19/9 under Section 302 IPC of Morigaon Court.2. Roisuddin (PW-2) lodged the First Information Report Ext. 1 at about 1 a.m. (midnight) of 2-9-79 stating that in the evening hour at about 6.30 p.m. of 1-9-79, the accused Chand Mia suddenly came out from hiding place near Lecherijan Bridge and caused death of Kitab AH by giving dagger blows while Kitab Ali was returning from Amlakhi village. Jalaluddin, Abdul Matleb and Md. Kandra were named as witnesses to the occurrences. Case was registered at Mikirbheta Police station and investigated into.3. Dead body of Kitab ali was found lying at the place of occurrence near the bridge on the road, and Shri K. Bhattacharjee S.I. of Police (PW-7) held inquest over the body ne...
K.S. Vohra Vs. Director General of Border Security Force
Court: Guwahati
Decided on: Feb-01-1990
S. HAQUE, J. 1. By this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the Signal No. R.329 dt. March 22, 1988 of the Officer of the Director General, Border Security Force, New Delhi requiring attachment of the petitioner to the office of the Deputy Inspector General, Border Security Force, Shillong, and the proceedings of the enquiry in connection with the loss of a Tape-Recorder. 2. The petitioner is an Additional Deputy Inspector General of Police at the Border Security Force, Headquarter (Manipur & Nagaland Sector) at Imphal, Manipur. He joined Indian Army in 1963 and then joined the Border Security Force as Asstt. Commandant in 1967; promoted to the rank of Commandant in 1975 and to the rank of Commandant (Selection Grade) with effect from February 22, 1981. He was promoted to the rank of Addl. Deputy Inspector General of Border Security Force with effect from October 26, 1986. He has service at his credit and prospects of further pro...
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