Guwahati Court June 1990 Judgments
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Sri Pankaj Kumar Dasgupta Vs. State of Tripura and ors.
Court: Guwahati
Decided on: Jun-29-1990
B.P. Saraf, J. 1. The petitioner is a partner of a firm, namely, S. Das & Company, Agartala. The said firm (hereinafter referred to as 'the petitioner') carries on the business of sale and supply of motor parts, tyres, etc. It is registered as a dealer under the Tripura Sales Tax Act, 1976 (hereinafter referred to as 'the Act'), with effect from June 9, 1976. The petitioner failed to submit the returns under Section 8 of the Act for the three quarters covering the period from July 1, 1976 to March 31, 1977. Notices were issued to the petitioner by the Superintendent of Taxes from time to time in that regard. The petitioner did not comply with the same. Opportunity was also given in terms of the proviso to Section 9(4) of the Act. The last date was fixed on May 27, 1977. The petitioner did not avail of the same. Under the circumstances, the Superintendent of Taxes made his own enquiries for the purpose of making summary assessment. He sent his Inspector to visit the business premises o...
Sri Pranab Kumar Chakraborty Vs. Md. Akram HussaIn and ors.
Court: Guwahati
Decided on: Jun-29-1990
S.N. Phukan, J.1. This is a peculiar way of exercising powers under Sections 133 and 144, Cr.P.C. by a Magistrate and the way the order has been passed I deem it proper to direct the learned district Magistrate, Gauhati to look into the matter.2. The opposite party No. 1 herein filed a petition on 11-1-90 under Section 133 read with Section 144, Cr.P.C. before the learned Additional district Magistrate, Kamrup at Gauhati and the petition was registered as case No. 14 M/90. The petition was transferred to the court of Sri J. N. Bhuyan. In the petition, the petitioner stated that he was an aged man and used to reside in the land described in the petition. It was further stated that there is a 'tin Chali' wherein the opposite party i.e. the petitioner before this court kept some unhygenic articles. According to the said petitioner the room was kept under lock and key for about 5 months and few days prior to filing of the said petition bad smell was coming from the said room. It was furth...
Sri Rongkehai Hanse Vs. Karbi Anglong District Council, Diphu and ors.
Court: Guwahati
Decided on: Jun-20-1990
Manisana, J. 1. The Civil Rules Nos. 1551 of 1989 and 1695 of 1989 can be disposed of by a common judgment. 2. The case of the petitioner, in brief, is thus. He filed an application before the Chief Executive Member of the Karbi Anglong District Council, 'Council' for short, for settlement of a Green Wood Coupe. The Council settled Hembari Green Wood Coupe No. 3 of 1988-89 with him under letter dated 8-6-88. On the direction of the Divisional Forest Officer under his letter dated 24-1-89, the petitioner deposited the security money of Rs. 8,495/- and first kist money of Rupees 42,489/- within the stipulated time. Thereafter, on 25-1-89, the petitioner entered into a contract with respondent-3, the Principal Secretary of the Council, for operation of the forest. In spite of the deposit of security and kist money, the respondents have not issued the work order to enable the petitioner to operate the coupe. The petitioner has, therefore, filed Civil Rule No. 1551 of 1989 in this Court fo...
Babrubahan Jal Vs. State of Assam
Court: Guwahati
Decided on: Jun-19-1990
M. Sharma, J.1. This appeal is directed against the conviction and sentence awarded by the learned Addl. Sessions Judge, Dibrugarh in Sessions Case No. 140(T) of 1982.2. The accused-appellant Babrubahan Jal faced the trial Under Section 302/338/354 I.P.C. and the Addl. Sessions Judge found him guilty Under Section 302/448 I.P.C. and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/ - in default to rigorous imprisonment for 3 months for the charge Under Section 302 I.P.C. and also to pay a fine of Rs. 100/ - in default to rigorous imprisonment for one month for the charge Under Section 448 I.P.C.3. The case of the prosecution in brief is that on 8-3-82 at about 8-30 p.m. accused Babrubahan entered the kitchen of the complainant Sumitra with a knife and a lathi when she was taking meal and enquired whereabout of her son and youngest brother-in-law. He told her that he came to take vengeance of his brother's assaults and when Sumitra assured him to settle th...
Fakar UddIn Laskar and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jun-19-1990
J.M. Srivastava, J.1. These appeals are directed against the judgment and order dated 17-7-84 passed by the learned Sessions Judge, Cachar at Silchar, whereby the appellants were convicted under Section 395, IPC and sentenced to rigorous imprisonment for life. In Criminal Appeal No. 101/84 the appellants are Fakar Uddin Laskar and Fakir Ali and in Criminal Appeal No. 107/84 the appellants are Tombi Singha and Bhim Singha.2. The prosecution case as revealed from the FIR (Ext. 1) lodged at 8.30 a.m. on 13-2-81 at Udharband P.S. by Chinu Deb (P. W. 1) was that in the night of 12/13-2-81 at about 1.30 a.m. 10/12 persons had committed dacoity in his shop house at the back side of the hospital of the tea garden. The dacoits had forcibly entered the shop house, assaulted the inmates the informant, his brothers and sister and had taken away the cash box containing Rs. 500/ - and two HMT wrist watches. In the electric light which had been switched on, the dacoits were identified. Mohamuddin, o...
Smt. Savitri Rani Malik (Legal Representative of Late S.P. Malik) Vs. ...
Court: Guwahati
Decided on: Jun-14-1990
A. Raghuvir, C.J.1. The Income-tax Appellate Tribunal at Gauhati, at the instance of the assessee (S. P. Malik), referred the following question for the opinion of this court : 'Whether, on the facts and in the circumstances of the case and in consideration of the provisions of Sections 143(3), 148, 153(1)(a)(iii), 153(2)(a) and 153(1)(b), the Tribunal was right in holding that the assessment was not barred by limitation and, therefore, holding it to be valid ?' 2. The assessee seeks an answer to the question separately for the assessment year 1970-71 and the assessment year 1971-72 on the facts of the respective years.3. The assessee submitted a return on September 30, 1970, and the same return again on December 19, 1972, for the assessment year 1970-71. On both the occasions, the income shown was Rs. 11,973. On May 19, 1972, he filed a return for the assessment year 1971-72 showing income of Rs. 23,809.4. The Income-tax Officer informed the assessee that the income of Rs. 3,84,115 ...
Hojai Fish Market Association and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-11-1990
Srivastava, J. 1. This petition under Article 226 of the Constitution of India assails the notification dated 20-2-85 of the Hojai Municipal Board, hereafter referred as the Board, for enhancement of daily market toll with effect from 1-4-85 (Annexure 4) as rent of Rs. 60/- per month in lieu of daily market toll from the same date viz. 1-4-85 (Annexure 12). 2. The Hojai Fish Market Association is the petitioner No. 1 and its President is the petitioner No. 2. The petitioner No. 1 represents 35 Vita holders of the aforesaid Hojai Fish market, hereafter referred as the 'market'. 3. The petitioner's case is that the members of the association conduct their business from premises constructed at their own cost, on 'vitas' acquired from the then Hojai Town Committee in the market within the jurisdiction of the Board. Some of the members had acquired rights by transfer from the original 'vita' holders. The vita holders who claim to be petty businessmen had been paying daily market toll at...
Fazal Sheikh and ors. Vs. Abdur Rahman Mea and ors.
Court: Guwahati
Decided on: Jun-08-1990
B.P. Saraf, J. 1. This is an appeal against the judgment and decree dated 16-11-70 of the District Judge, Goalpara at Dhubri in Title Appeal No. 11 of 1975 reversing the judgment and decree dated 24-1-73 passed by the Munsiff No. 1, Dhubri in Title Suit No. 383 of 1965.2. The circumstances which have given rise to the action may be briefly summarised. One Raibahadur Biraj Mohan Dutta held a jote of about 73 Bighas of land in village Adabari under the Gauripur Raj Estate. The said jote was sold to one Khosa Sk and his three sons -- Sitap, Kitap and Ainulla Sk. by a registered deed of sale dated 4-5-1928. Out of this 73 bighas, 50 bighas of land was sold by the Sheikhs on 30-1-1940 to Maulana Abdul Hamid Khan also known as Maulana Bhasani (hereinafter referred to as 'Maulana') by registered sale deed dated 10-9-1940. Maulana lived at Hamidabad, previously known as Ghagmari. Delivery of possession of the land in pursuance of the sale deed was made by vendors to one Manikuddin Sarkar, wh...
Gouranga Chandra Paul Vs. Bijoy Krishna Paul and ors.
Court: Guwahati
Decided on: Jun-07-1990
J.M. Srivastava, J. 1. This is defendant's revision against the orders dated 21-12-89, 11-1-90 and 16-2-90 passed by the learned Assistant District Judge-I, Silchar. 2. Briefly, the relevant facts for appreciation of the question raised, are that the opposite party No.-1 had filed Money Suit No. 4/81 in the Court of Assistant District Judge No. 1, Silchar for rendition of accounts, etc. against the present petitioner, who was also a defendant with others. The petitioner appeared and submitted that in the agreement between the parties, there was an arbitration Clause and that the disputes had to be referred by the parties for arbitration, and that the proceeding in Money Suit No. 4/81 had to be stayed. By order dated 23-2-81 the learned trial court had accepted the submission for the present petitioner and had stayed further proceedings which order, it appears, was later vacated. However, the parties had made reference to the arbitrators. Meanwhile, the petitioner had filed petition f...
Kameswar Brahma and ors. Vs. Collector of Goalpara, Kokrajahar
Court: Guwahati
Decided on: Jun-02-1990
Srivastava, J. 1. These petitions in revision are directed against the same judgment and award dated 30-11-87 passed by the learned District Judge, Kokrajhar as Land Acquisition Judge, and the order dated 9-2-88 passed by the same learned District Judge on an application under Section 152 of the Civil P.C., hereinafter referred as 'the Code'.2. The petitions raise the same questions of fact and law and are disposed of by this common judgment.3. The land of petitioner in each revision had been acquired under the provisions of the Land Acquisition Act, 1894, hereinafter referred as the 'Act', for the purpose of Bangaigaon Refinery and Petrochemicals Ltd. in the year 1973 and possession was taken some time in 1974. The Collector allowed compensation at the rate of Rs. 1,500/- per bigha. The petitioners had accepted it with protest and asked for reference under Section 18 of the Act, which was made. The Reference Court had made a common award on 16-4-82 in all the cases. There was review...
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