Guwahati Court March 1991 Judgments

Shri Bacha Bora Vs. the State of Assam and ors.

Court: Guwahati

Manisana, J.1. In this application under Article 226 of the Constitution of India, the petitioner Bacha Bora complains against the arrest and detention of his sons Rituraj Barua aged 19 and Padmaraj Barua aged 21 as illegal and wrongful and prays for a writ of habeas corpus and compensation.2. It appears from the records that on 1-12-90 the army personnel arrested Rituraj Barua from his house at Tingrai within Digboi Police Station of the district of Tinsukia and on 2-12-90 Padmaraj Barua from Margherita within Tinsukia District. Army authority made over them to Tinsukia Police Station on 16-12-90. Thereafter, a case was registered on 16-12-90 being Tinsukia Police Station Case No. 389 of 1990 Under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 on the accusation that the two are accomplice in the ULFA activities. After the formal arrest of the two by the civil police, they were produced before the Additional District Magistrate on the very same day...

Peoples Union for Human Rights (Represented by Ramesh Kumar JaIn and o ...

Court: Guwahati

A. Raghuvir, C.J. 1. The President of India on November 27, 1990 promulgated Central Rule in the State of Assam. This is the fourth time such a rule was promulgated under the Constitution. First time Assam came under President's Rule on December 12, 1979, on June 20, 1981 for the second time and on March 12, 1982 the President's Rule was imposed for the third time. The declaration on November 27, 1990 thus is the fourth in the series. Along with the Central Rule the Central Government under the Armed Forces (Special Powers) Act, 28 of 1958 (the Act of 1958) declared the entire State of Assam a disturbed area as it was in a disturbed or dangerous condition, therefore armed forces were deployed for maintenance of law and order. Ten days later on December 7, 1990 the Governor of Assam declared the State as a disturbed area under the Assam Disturbed Areas Act, 19 of 1955 (the 1955 Act). The proclamation of Central Rule and the two notifications under the two enactments are assailed in th...

Commissioner of Wealth-tax Vs. Ka Krom Rapsang Jaiaw Langsning.

Court: Guwahati

J. M. SRIVASTAVA J., - By this petition under section 27(3) of the Wealth-tax Act, 1957, hereinafter to as the "Act", the Commissioner of Wealth-tax, North Eastern Region, Shillong, hereinafter referred to as the "Commissioner" seeks a direction to the Income-tax Appellate Tribunal, Gauhati Bench, Gauhati, hereinafter referred to as the "Tribunal", to submit a statement of case on the question of law formulated in paragraph 6 of the petition to this court for decision.The respondent, hereinafter referred to as the assessee, had submitted returns of net wealth for the assessment years 1979-80, 1980-81, 1981-82, 1982-83, 1983-84 and 1984-85. The Wealth-tax Officer, during the course of assessment, found that the assessee had not disclosed her properties at Shillong and at Jaiaw. The Wealth-tax Officer initiated penalty proceedings and imposed penalty under section 18(1)(c) of the Act for each assessment year. The assessee preferred appeals against the said ...

Smt. C. Lalrutlungi Vs. Smt. Thanpari

Court: Guwahati

Srivastava, J. 1. This appeal is directed against the judgment and order dated 14-3-1986 passed by the learned District Council Court, Aizawal. .2. Briefly, the undisputed facts in this appeal are that one Saia (Saikapthianga) had properties including the residential house with compound in dispute at Aizawal. Saia died on 20-3-1961 leaving his wife Khawkungi. Saia had no issue. On 12-1-1961 Saia had executed a will and bequeathed his various properties to different persons. The residential house with compound in dispute was bequeathed to Khawkungi. Saia had two brothers Biaka and Nagila. Some money was bequeathed to one son of Biaka and one son of Nagila. Biaka had predeceased Khawkungi. The appellant herein is the daughter of Saia's sister Lali. The respondent herein Thanpari is the widow of Biaka who died in 1983. Khawkungi had made transfer by gift of the house with compound on 24-5-1985 to the appellant. Khawkungi had died on 23-6-1985.3. The appellant's case was that she had been...

Girish Chandra Kakati Vs. Union of India (Uoi) and ors.

Court: Guwahati

Manisana, J.1. In this application the petitioner Girish Chandra Kakoty complains against his arrest and detention and prays for quashing the FIR.2. The petitioner was arrested on 1-12-90 by the army authority and on the very same day the army authority made him over to the officer in charge of the Sibsagar Police Station, and the civil police arrested him in connection with FIR case No. 423 of 1990 Under Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, for short 'the TADA Act'. In the list of the accused in the FIR, serial No. 15 shows the name of the accused as 'Mr. Kakoty'. However, in the body of the report, it is stated : 'Mr. Kakoty of Jayshree Gas Co.'.3. Mr. P. G. Barua, learned counsel for the petitioner has contended that the present petitioner whose name is Girish Chandra Kakoty is not the person mentioned in the FIR and, therefore, the petitioner Girish Chandra Kakoty is to be released after quashing the FIR.4. It may be stated here that ...

Smt. Purnima Barua Vs. Union of India (Uoi) and ors.

Court: Guwahati

Manisana, J.1. In this application under Article 226 of the Constitution of India, the petitioner Smt. Purnima Barua complains that the arrest and detention of her son Dipanka Barua are unlawful and prays for a writ of Habeas Corpus and compensation.2. Facts, On receipt of reliable information that Dipanka is an ULFA activist, the army authority went to the house of the petitioner Purnima at Jorhat and enquired about her son Dipanka. The petitioner informed the army authority, that her son Dipanka had gone to Gauhati in connection with marriage of his elder sister Swapnalee. The army authority searched the house of Swapnalee at Ulubari in Guwahati on 31-12- 90 at about 2.00 p.m. accompanied by an Executive Magistrate and the army authority arrested Dipanka therefrom. After arrest of Dipanka on 31-12-90, the army authority made over Dipanka to the police station at Jorhat. The Jorhat police produced Dipanka before the Magistrate at Jorhat for remand order. As directed by this Court in ...

BilaluddIn and ors. Vs. the State of Assam

Court: Guwahati

S. Haque, J.1. Four (4) accused-appellants Bilaluddin, Ennas AH, Isab Ali and Abdul Matleb had been convicted Under Sections 302/304, IPC and sentenced to suffer imprisonment for life and to pay line of Rs. 100/- each in default R.I. for another 3 months vide judgment dated 18-7-1985 passed by the Sessions Judge, Nagaon in Sessions Case No, 64(N)/1982 arising out of G.R. Case No. 1767/1980.2. There was no dispute on the fact of death of Samsul Haque on 26-6-1980 as a result of injuries sustained. Dr. S.K. Bar-thakur (P.W. 1) held post mortem examination on the dead body of Samsul and found the following injuries :--1. one curve incised wound on the leteral aspect of the right arm 3' x 2' x muscle deep;2. one incised wound over the left parietal region measuring 3' x 2' x skull deep;3. one penetrating wound measuring 1' x 1/2' on the left side of the back of the chest x lung deep;4. one penetrating wound 2' x 1' x lung deep on the right side of the back of the chest.Both sides of plura...

George Williamson (Assam) Ltd. Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (1991)37ITD392(Gau.)

1. This appeal by the assessee is directed against the order of the Commissioner of Income-tax (Appeals) by which he has confirmed the order passed by the Assessing officer giving effect to the order and directions passed under Section 263 of the Income-tax Act 1961 by the Commissioner of Income-tax.2. It may be mentioned here that against the order passed by the Commissioner of Income-tax under Section 263, the assessee took up the matter in appeal before the Appellate Tribunal and the Tribunal by its order dated 29-8-1988 in ITA No. 214(Gau)/86 held that the Commissioner of Income-tax had jurisdiction to exercise his powers under Section 263 on the facts of the case.3. Thereafter, the Assessing Officer pursuant to the directions of the Commissioner of Income-tax under Section 263 completed the assessment under Section 143(3) read with Section 263 which was taken by the assessee in appeal before the present CIT(A) whose order is the subject-matter of the present appeal before us.4. T...

State of Assam Vs. Upendra Das and ors.

Court: Guwahati

S. Haque, J.1. The Hon'ble Judges of the Division Bench being divided in opinion vide their judgment dated 10-7-1988, the case has been placed before this court under the order dated 14-7-1987 of the Hon'ble Chief Justice for delivering its opinion for disposal of the appeal in accordance with the provision of Section 392 of the Code of Criminal Procedure following the opinion of this court.2. Eight (8) accused-respondents had been acquitted vide judgment dated 28th April, 1981 passed by the Sessions Judge, Nagaon in Sessions Case No. 31(N)/1978. The acquittal was on the ground that the acts done by the accused were in exercise of their right of private defence. Three (3) persons, namely, Sudhir, Mansur and Gurucharan died in the occurrence. The Division Bench in agreement held that the accused persons had right of private defence of property and person, but Hon'ble Hansaria, J. was of the view that accused Upendra and Gopendra were responsible for killing three persons and thereby ha...