Guwahati Court April 1994 Judgments
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Smt. Lalbiakthangi Vs. Shri H. Duna
Court: Guwahati
Decided on: Apr-27-1994
W.A. Shishak, J. 1. In this Revision Petition, the petitioner impugns order dated 12-8-1992 passed 'by Smt. Marli Vankung, Magistrate 1st Class of the Additional Subordinate District Council Court, Aizawl in P. No. H.C. 188/91, directing the petitioner to deposit Rs. 50,43,360/- or a security of the like amount into the Court until the disposal of the case within 15 days from the date of the order. The impugned order was passed under Order 39, Rule 10, C.P.C. 2. Facts of the case as contended on behalf of the petitioner, in a nutshell, may be stated. The opposite party filed an application for probate of an alleged 'will' dated 2nd August, 1964 purported to have been left by one Shri Thangvunga who died in 1964. Said Thangvunga was the maternal grandfather of the petitioner. The opposite party is the brother-in-law of the petitioner. It is contended that since the opposite party has no blood relationship with late Thangvunga, the application for probate' filed by him is not maintainab...
Commissioner of Wealth-tax Vs. Surrya Kumar Sharma
Court: Guwahati
Decided on: Apr-25-1994
A.K. Patnaik, J. 1. This is a reference under Section 27(1) of the Wealth-tax Act, 1957 (for short, 'the Act'), by the Appellate Tribunal, Gauhati Bench, Guwahati, to this court. After receiving the statement of the case from the Tribunal, on December 16, 1992, notices were issued to the parties for hearing of the case. Pursuant to the said notices, Mr. D.K. Talukdar, learned standing counsel of the Income-tax Department, appeared on behalf of the applicant, but none appeared on behalf of the respondent. 2. The brief facts of the case as stated in the statement of the case drawn up by the Tribunal are that for the assessment year 1979-80, the Wealth-tax Officer included in the net wealth of the respondent-assessee his interest as partner in the firm, Kaliapani T. E., after computing the same under Rule 2 of the Wealth-tax Rules, 1957. The respondent-assessee challenged the order of assessment before the Appellate Assistant Commissioner contending that the exemption under Section 5 of...
S. Veneer and Saw Mills, Nagaland Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Apr-13-1994
Phukan, Actg. C.J. 1. This appeal is directed against the judgment and order of the learned single Judge passed on 6-8-93 in Civil Rule No. 101(k)/92. By the impugned judgment and order the learned single Judge dismissed the writ petition on the grounds which we shall state at the appropriate place. 2. The writ petitioner who is appellant herein filed the petition under Article 226 of the Constitution impugning three letters dated 20-4-92, 3-7-92 and 11-6-92 (Annexures-- 'B', 'C' & 'D' to the writ petition respectively). It may be stated that the writ petitioner, is running a small scale industry, namely, a saw mill, and the production started in the year 1987. According to the writ petitioner due to unforeseen circumstances the unit remained inoperative for about 2 years and only in February, 1992 arrangements could be made to re-start the mill. The Divisional Forest Officer, Dimapur was informed accordingly by letter dated 8-7-92, vide Annexure-'A'. By the impugned letters, th...
State of Meghalaya and ors. Vs. Joinmanick Nosmel Giri
Court: Guwahati
Decided on: Apr-08-1994
J.N. Sarma, J. 1. This application under Rule 36of the Rules for the Administration of Justiceand Police in the Khasi Hills has been filedagainst the judgment and order dated 22-2-1983 passed by the District Judge-cum-Additional Deputy Commissioner, Shillong,Meghalaya, in Money Appeal No. 16(T) of1979 dismissing the appeal filed by the Stateof Meghalaya and affirming the judgmentand decree dated 16-8-1979 passed by theAssistant to the Deputy Commissioner,Shillong in Money Suit No. 35(T) of 1978with a minor modification of the decreetalamount. 2. It is settled law as decided by the Full Bench of this court that though it is a revision, this court has the power to consider the evidence adduced by the parties (See 1969 Assam LR 92). 3. The brief facts are as follows: One J.N. Giri who is the contractor under the P.W.D. and Agriculture Department, Govt. of Meghayala filed this suit for realisation of Rs. 6,2107.47 p. The facts are that in response to a tender notice issued for constru...
Holiram Terang Vs. State of Assam and ors.
Court: Guwahati
Decided on: Apr-05-1994
Phukan, C.J. Actg. 1. This writ petition under Article 226 of the Constitution has Ministers of the State of Assam and at present he is a sitting member of the State Assembly. It has been stated that he has also interest in various activities of the State, more particularly in the autonomous district of Karbi Anglong constituted under the Sixth Schedule to the Constitution. In this connection, it may be stated that there are two district councils in the State of Assam, namely, Karbi Anglong Autonomous District Council and North Cachar Hills Autonomous District Council. These Councils were formed in the year 1952. 2. The main grievance of the writ petitioner is that the Governor by invoking powers under sub-para (2) of paragraph 16 of the Sixth Schedule to the Constitution took over the administration of the District Council on number of occasions which is whimsical, arbitrary and for political purpose. Hence the writ petitioner has challenged the constitutional validity of the above ...
Assam State Transport Corporation Vs. Smt. Champa Devi Bothra and ors.
Court: Guwahati
Decided on: Apr-04-1994
Baruah, J. 1. This Miscellaneous First Appeal is directed against the Award dt. 17-2-89 passed by the Member, Motor Accident Claims Tribunal, Goalpara in M.A.C. Case No. 3 of 1987 awarding Rs. 2,80,000/- with interest at the rate of 12% per annum from the date of filing of the claim petition till the realisation.2. Respondent No. 1 for herself and on behalf of her minor children -- respondents Nos. 2, 3 and 4 submitted a claim petition claiming compensation of Rs. 2,80,000/ -. She claimed compensation on the ground that her husband Prakash Chandra Bothra died in an accident caused by State Transport Corporation bus (ASX 2709) at 5 p.m. on 29-11-86. According to the claim petition, the driver of the said bus drove the vehicle in rash and negligent manner and due to the negligence and carelessness of the Conductor the deceased fell down from the bus and sustained injuries and later on succumbed to his injuries. In usual course the appellant -- State Transport Corporation entered appear...
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