Guwahati Court July 1993 Judgments
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Jamini Mohan Debnath and ors. Vs. Sukhlal Debnath
Court: Guwahati
Decided on: Jul-16-1993
N.G. Das, J.1. This application under Article 227 of the Constitution of India and Section 482 Cr. P.C. is directed against the judgment dated 10th July, 1990 passed by learned Additional District Judge in Criminal Revision No. 16 (2) 90 affirming the judgment of learned Additional Chief Judicial Magistrate dated 30.8.1986 allowing maintenance to the present petitioner and his wife. '2. I have heard Mr. J.C. Debnath, learned Counsel appearing on behalf of the petitioner, and Mr. S. Laskar, learned Counsel appearing for the respondent.3. Bereft of unnecessary details, the facts material for disposal of this petition are that the petitioner No. 1 Shri Jamini Mohan Deunath who is the father of the respondent presented a petition before the learned Additional Chief Judicial Magistrate, West Tripura District claiming maintenance allowance for himself and his wife @ Rs. 250/ per mensem. The respondent resisted the petition on various grounds such as the petitioner No. 1 is in good physical ...
S.A. Ahluwalia Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Jul-15-1993
W.A. Shishak, J. 1. In this petition, under Article 226 of the Constitution of India, the petitioner challenges the validity of order/letter dated March 15, 1990, and also another order/letter dated September 20, 1990 (annexures-A and B). The matter relates to transfer of jurisdiction as regards assessment of the salary income of the petitioner from Dimapur to New Delhi. 2. The petitioner while in service, belonged to the IAS of the Nagaland cadre. The petitioner has since retired. Throughout his service, he was posted in Nagaland except for a short period of five years beginning from the middle of 1978 till 1984 during which period the petitioner was posted in Delhi as Director, Ministry of Home Affairs. 3. Admittedly, the petitioner filed his returns at Dimapur from 1971 onwards and as such assessment was made at Dimapur. As stated above, during the period from 1978 to 1984, since the petitioner was serving in Delhi on deputation and since the petitioner had his residence there in...
Jorhat Industries Vs. Industrial Tribunal and ors.
Court: Guwahati
Decided on: Jul-13-1993
J.N. Sarma, J. 1. This application under Article 226 of the Constitution of India arises out of an Order dated September 14, 1986 passed by the Presiding Officer, Industrial Tribunal, Dibrugarh, in reference Case No. 8 of 1981. By that the application under Section 33(2)(b) of the Industrial Disputes Act was disallowed by the Tribunal. 2. The brief facts of the case are as follows: The petitioner herein, i.e. M/s. Jorhat Industries, Kushal Path, Jorhat, filed an application under Section 33(2)(b) of the Industrial Disputes Act to accord approval to the order of dismissal passed on the workmen. The case of the petitioner is that the Respondents, in the Civil Rule No. 2 to 6 were charge sheeted vide charge sheet dated April 1, 1981 for acts of gross misconduct and they were asked to submit their written explanation. The Respondents No. 2 to 6 did not file any explanation and the domestic enquiry was thereafter held. The Respondents earlier participated in the enquiry but later on they...
Shri Dwijabrata Das and ors. Vs. Shri Debabrata Das and anr.
Court: Guwahati
Decided on: Jul-12-1993
M. Sharma, J. 1. This first appeal has been preferred by the defendants against the judgment and decree passed by Assistant District Judge, Shillong in TS (Partition) No. 12(H)/1987.2. Plaintiffs and defendants are the joint owners of the property in dispute situated at Jail Road, Shillong measuring approximately 9689 sq. ft. covered by plot No. 10(1), pata No, 59 issued by Deputy Commissioner, United Khasi and Jaintia Hill Distict, Shillong dated 19-12-1969. Predecessor in interest of both the parties of the property was Late Raibahadur Dinesh Chandra Das who died on 18-10-(sic). According to Hindu Law of Succession then preventing, property devolved on both the parties as legal heirs and the same was jointly inherited by the successors, including the wife (acquired life interest) of the predecessors in interest who was the mother of the parties. The mother of both the suit parties died in 1973 and the property devolved to the sons and daughter in law who became the owner of the 1/6t...
Tarajan Tea Co. Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Jul-07-1993
U.L. Bhat, C.J.1. The Income-tax Appellate Tribunal, Gauhati Bench, Gauhati, has referred the following questions, at the instance of the assessee, under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'): ' 1. Whether, under the facts and in the circumstances of the case, the show-cause notice dated June 22, 1981, issued by the Commissioner of Income-tax was valid in law and on facts ? 2. Whether, under the facts and in the circumstances of the case, the order dated March 19, 1979, passed by the Income-tax Officer under the provisions of the Income-tax Act, 1961, was not an order of assessment and the said order was only a draft order of assessment ? 3. Whether, under the facts and in the circumstances of the case, the inclusion of capital gains attributable to the sales of standing trees of spontaneous growth by the Income-tax Officer, in the order dated March 19, 1979, and non-inclusion thereof in the order dated September 11, 1979, passed by the Income-tax Officer w...
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