Guwahati Court May 1992 Judgments

Puspadhar Saikia Vs. State of Assam

Court: Guwahati

Reported in: 1993CriLJ1474

1. The accused-petitioner Sri Puspadhar Saikia was convicted under Section 5(a) of the Assam Opium Prohibition A1947 and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs. 1000/- by the learned Sub-Divisional Judicial Magistrate., Tinsukia in Complaint Case No. 2058 (Excise) of 1978. The appeal being Appeal No. 16(1) of 1984 was dismissed by the impugned judgment and order dated 6-6-86. The accused-petitioner was a school teacher in the M.E. School situated in the village Hanhkati Gandhaiguri.2. The Excise Inspector, Tinsukia filed a complaint on 17-1-79 before the learned Sub-Divisional Judicial Magistrate, Tinsukia alleging, inter alia, that on 28-9-78 the Excise party of Tinsukia went to the house of one Pabor Gohain of the above village Hanhkati Gandhaiguri and searched his house and found some opium. On questioning, the said Pabor Gohain disclosed that he kept more opium in the house of the present accused-petitioner. According to the prosecution, the Excise pa...

Shri Jagadish Bhuyan Vs. State of Assam and ors.

Court: Guwahati

Manisana, J.1. In this petition, two questions have been raised --(i) Whether Paresh Kalita was a juvenile delinquent under the Juvenile Justice Act at the time of commission of the alleged offences or at the time of arrest?(ii) If Paresh was a juvenile delinquent, whether his case would be governed by the Juvenile Justice Act, 1986 or the Terrorist and Disruptive Activities (Prevention) Act, 1987?2. Paresh Kalita was apprehended by the members of the Border Security Force and he was made over to the civil police of Udalguri Police Station on 6-11-91. The civil police arrested Paresh Kalita on accusation of having committed offences under Sections 3 and 4 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'TADA (P) Act'), Section 120B of the Indian Penal Code etc., under Udalguri Police Station Case No. 126 of 1991. Paresh is still in jail.3. Section 2(h) of the Juvenile Justice Act, 1986 defines 'juvenile' to mean a boy who has not attained the age of sixteen ye...

Puspadhar Saikia Vs. State of Assam

Court: Guwahati

Reported in: 1993CriLJ1474

ORDERS.N. Phukan, J. 1. The accused-petitioner Sri Puspadhar Saikia was convicted under Section 5(a) of the Assam Opium Prohibition A1947 and sentenced to undergo rigorous imprisonment for 2 years and fine of Rs. 1000/- by the learned Sub-Divisional Judicial Magistrate., Tinsukia in Complaint Case No. 2058 (Excise) of 1978. The appeal being Appeal No. 16(1) of 1984 was dismissed by the impugned judgment and order dated 6-6-86. The accused-petitioner was a school teacher in the M.E. School situated in the village Hanhkati Gandhaiguri.2. The Excise Inspector, Tinsukia filed a complaint on 17-1-79 before the learned Sub-Divisional Judicial Magistrate, Tinsukia alleging, inter alia, that on 28-9-78 the Excise party of Tinsukia went to the house of one Pabor Gohain of the above village Hanhkati Gandhaiguri and searched his house and found some opium. On questioning, the said Pabor Gohain disclosed that he kept more opium in the house of the present accused-petitioner. According to the prose...

Babul Ali Vs. Smt. Khirada Dutta and ors.

Court: Guwahati

D.N. Baruah, J. 1. The petitioner has filed this petition under Section 115 read with Section 151 of the Code of Civil Procedure and under Article 227 of the Constitution of India, challenging the order dated 25-3-86 passed by the Munsiff No. 1, Sibsagar in Misc. Case (J) No. 27 of1981, arising out of Title Execution Case No. 2 of 1979, dismissing the application filed by the petitioner for restoration of possession and for compensation. 2. The petitioner's case is that the Prede-cessor-in-interest of the respondent l(a) to 1(e) instituted a suit (TS No. 16/65) praying for a decree, inter alia, for recovery of khas possession of 18 lechas of land covered by Dag No. 45 (old) Periodic Patta No. 209 (old) corresponding to new Dag No. 55 of Simalu-guri Town, Dhopabar Mouza, in the district of Sibsagar. In the plaint, however, the boundary of the suit land was not shown. The suit was decreed. An appeal preferred by the defendants/petitioners, was also dismissed. Second appeal was filed wh...

Subrata Das Vs. Principal, G.C. College, Silchar and ors.

Court: Guwahati

Manisana, J. 1. The petitioner Shri Subrata Das was a student of the 2nd year Degree (Arts) in G. C. College, Silchar. There were allegations against him for taking part in the incident of 26-9-88 in the office of the Principal. Therefore, a show cause notice was issued to him as to why disciplinary action should not be taken against him. The petitioner replied to the show cause notice. The Governing Body considered the show cause statement submitted by the petitioner in the meeting held on 28-11-89 and resolved that the Principal incharge should issue transfer certificate to the petitioner Shri Subrata Das by striking his name off the College Roll with immediate effect. Accordingly, the Principal incharge issued the impugned notice dated 1-12-88 to the effect that the name of the petitioner had been struk off the College Roll and a transfer certificate had been issued to him. 2. The only question which arises for our consideration is whether, before the issue of the impugned notice...

Assistant Commissioner of Vs. Lallacherra Tea Co. (P.) Ltd.

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (1992)42ITD446(Gau.)

1. This appeal by the Revenue for the assessment year 1988-89 is directed against the order of the Commissioner of Income-tax (Appeals) for short CIT (A) and sole point of controversy relates to carry forward of unabsorbed losses. The controversy arises in the following circumstances: 2. The assessee is a private limited company carrying on business of manufacture and sale of tea. For the assessment year 1988-89 the assessee company filed its return declaring income of Rs. 74,450 on July 29, 1988. The Assistant Commissioner of Income-tax (A.O. in short) on consideration of the relevant material computed the assessee's income at Rs. 2,55,866 which was set off against brought forward losses of Rs. 4,87,417 of the assessment year 1987-88. The net result of above was that carry forward loss to be adjusted in the following assessment year worked out at Rs. 2,31,551. This figure is subject-matter of controversy before me.3. The A. O. after computing the total income found that "special prov...

Yanglung and anr. Vs. the State of Manipur and ors.

Court: Guwahati

Shishak, J. 1. In this writ application under Article 226 of the Constitution, the petitioners assail an order dated 5-12-78 passed by the Deputy Commissioner, Ukhrul, mainly on three grounds, namely, (1) that the Deputy Commissioner, Ukhrul, has no jurisdiction to bifurcate the existing land of the petitioners' village to grant two separate pattas, (2) that the impugned order was passed without assigning reasons and (3) that it was passed in violation of the principles of natural justice. 2. The impugned order is a brief one and we may reproduce : 'No. 10/8/74 Vol-I/REV : With the approval of the Government of Manipur, East the Deputy Commissioner, Manipur East District, Ukhrul hereby grants two separate pattas for Pushing village as Pushing Ching-thak and Pushing Chingkha villages under two separate Headmen. The boundary between the two villages will be Masira Kong Lok and Rachung Kong Lok. The two headmen, hereinafter will pay Hill House Tax in respect of their respective villages...

Assistant Commissioner of Income Tax Vs. Lallacherra Tea Co. (P) Ltd.

Court: Guwahati

VIMAL GANDHI, J.M. :This appeal by the Revenue for the asst. yr. 1988-89 is directed against the order of the Commissioner of Income-tax (Appeals) [for short CIT(A)] and sole point of controversy relates to carry forward of unabsorbed losses. The controversy arises in the following circumstances.2. The assessee is a private limited company carrying on business of manufacture and sale of tea. For the asst. yr. 1988-89 the assessee-company filed its return declaring income of Rs. 74,450 on 29th July, 1988. The Asstt. CIT (AO in short) on consideration of the relevant material computed the assessees income at Rs. 2,55,866 which was set off against brought forward losses of Rs. 4,87,417 of the asst. yr. 1987-88. The net result of above was that carry forward loss to be adjusted in the following assessment year worked out at Rs. 2,31,551. This figure is subject-matter of controversy before me.3. The AO after computing the total income found that "Special provisions relating to Compani...

Oriental Insurance Co. Ltd. Vs. Kailash Mehta and ors.

Court: Guwahati

S.K. Homchoudhury, J.1. This appeal is directed against the award dated 26.6.1990 made by the learned Motor Accidents Claims Tribunal, Shillong, in M.A.C. Case No. 19 of 1988. '2. Facts of the case in brief are that on 12.2.1984 one Sardanilal Mehta, husband of the respondent No. 1 and father of respondent Nos. 2, 3 and 4, was killed in a motor accident on the C.S. Road at Police Bazar, Shillong. Police found that the city bus bearing registration No. MLK 654 belonging to the respondent No. 5, Asha Rane Das Choudhary, was involved in the accident and the accident took place due to rash and negligent driving of the said vehicle. Police registered Shillong P.S. Case No. 33 (2) 84 under Sections 279/337/304A, Indian Penal Code, against the driver of the said vehicle. The respondent No. 1, Kailash Mehta, the widow of the deceased S.L. Mehta, on her behalf as well as on behalf of her minor children, made an application before the learned Motor Accidents Claims Tribunal, Shillong, on 14.10....