Guwahati Court January 1995 Judgments
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Popular Saw Mills Vs. Regional Provident Fund Commissioner and anr.
Court: Guwahati
Decided on: Jan-25-1995
D.N. Baruah, J. 1. In this writ application under Article 226 of the Constitution the petitioner has challenged the order dated May 11, 1988 passed by the Regional Provident Fund Commissioner respondent No. 1 by Annexure - XIII and also notices of demand dated May 12, 1988 and April 27, 1989 (Annexures - XIV & XV) of the writ petition and prays for issuance of appropriate writ or direction. 2. The facts of the case for the purpose of this Civil Rule may briefly be stated as follows:- Shri Hemraj Agarwala is the proprietor of a saw mill known as 'Popular Saw Mills'. This proprietorial concern was converted into a partnership firm with other partners, namely, Onkarmal Agarwala and Smt. Sushila Devi Agarwala. Partnership business continued upto March 31, 1988. But, thereafter it became a proprietorial concern of which Shri Hemraj Agrwala was the sole proprietor on and from April 1, 1988. During the period of partnership particularly during the period from 1979-80 some of the employees...
Gopal Stores Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Jan-25-1995
D.N. Baruah, J. 1. At the instance of the assessee, the following questions have been referred under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), for the opinion of this court : '(1) Whether, on the facts and in the circumstances of the case and on a proper construction of the provisions contained in Section 186(2) of the Income-tax Act, 1961, the Tribunal was justified in law in upholding the order of cancellation of registration of the assessee-firm made by the Income-tax Officer ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal, without reversing the findings of facts recorded by the Commissioner of Income-tax (Appeals), was justified in law in restoring the order of cancellation of registration of the assessee-firm made by the Income-tax Officer under Section 186 of the Income-tax Act ?' 2. The assessee, a firm registered under the Partnership Act, filed its return of income for the assessment year 1982-83, on October 6, 1982. ...
Union of India (Uoi) and anr. Vs. Mrs. Saraswati Debnath and ors.
Court: Guwahati
Decided on: Jan-24-1995
J.N. Sarma, J. 1. This appeal has been filed against the award dated 25-8-89 passed by the Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No. 10(K)/ 84. By the impugned award the learned Tribunal awarded an amount of Rs. 85,000/-with interest @ 10% per annum from the date of filing of the claim case on 28-1-84. Out of that amount only 15,000/- towards no fault liability and Rs. 25,000/- was paid at the time of filing of the appeal and Rs. 10,000/- was paid later on. Thus, in all Rs. 50,000/- has already been paid. 2. Two points were taken up before the Tribunal, (i) that the vehicle in question was not involved in the accident, (ii) That there is no documentary evidence to establish the income of the deceased Subal Debnath. 3. The brief facts are as follows: The accident in question occurred on 31-7-1983 at about 7.45 p.m. at Kalapahar Opposite to New Chemical Factory and in this accident a truck was involved. In this connection PW-2 Dr. Malay Kanti Chakravarty was exam...
Shri Indrajit Deb and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Jan-16-1995
S. Barman Roy, J.1. This appeal is directed against the judgment dated 30-1-1989 passed by the learned Additional Sessions Judge, Kamalpur, North Tripura in Sessions Trial No. 20(W.T.K) 87 convicting the appellants, namely, Shri Indrajit Deb and Shri Nikhil Das under Section 302/34, I.P.C. and the appellant Sankar Deb under Section 302, I.P.C. and sentencing them thereunder to suffer rigorous imprisonment for life.2. The case in short is that on 5-7-1984 at about 3.30 a.m. P.W. 1 Shri Pintu Kr Das lodged an F.I.R. at Kamalpur Police Station alleging, inter alia, that at about 11.00 p.m. on 4-7-1984 said informant along with some others were returning home after seeing cinema at Kamalpur town. While so returning, when they reached southern end of the house of Mahesh Das, they noticed some white substance lying by the road side. It further seemed to them that a person was lying by the road side. Then they requested P.W. 6 Gouranga Das, whose house was situated nearby, to bring a lamp an...
Kachuya Matsyajibi Samabai Samity Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-12-1995
M. Sharma, J. 1. This Civil Rule has been preferred against the show cause notice dated 18-8-1994 issued to the writ petitioner by the Managing Director, Assam Fishery Development Corporation for cancelling the settlement of petitioner's fishery, namely, Rata Beel Min Mahal offered to the petitioner. 2. The petitioner is the Chairman of the M/s. Kachuya Matsyajibi Samabai Samity which was registered in the year 1969 consisting 171 actual 'Maimal' fishermen families. For settlement of the said fishery tender was called for from the intending tenderers by the respondent No. 1 Corporation and in pursuance to it the petitioner along with two other tenderers filed tenders. Petitioner was selected being found a Co-operative Society duly formed with 100% actual fishermen by profession, comprising 171 families who belongs to Scheduled Caste 'Maimal' community, in compliance of policy of the Government and the Rules, for the period from 1994 to 1999 at the rate of 1,70,000/ - and possession...
Judhistir Debnath and anr. Vs. Ramesh Chandra Nath and ors.
Court: Guwahati
Decided on: Jan-11-1995
M. Sharma, J. 1. This Second Appeal has been preferred against the judgment and decree dated 22-7-82 passed by the Assistant District Judge, No. 2, Cachar, Silchar in Title Appeal No. 35/1980 upholding the judgment and decree dated 15-5-80 passed by the Mun-siff, Hailakandi in Title Suit No. 53/78. 2. The respondents as plaintiff filed the above mentioned title suit for specific performance of the agreement executed by the defendants in favour of the plaintiff for sale of the land described in the schedule of the plaint. The plaintiff's case is that defendant No. 1 agreed to sell the suit holding at Rs. 3,500/- to the predecessor of the plaintiff late Kalikumar Debnath executed a bayna-nama on 7-5-76. As per terms of the bayna-nama defendant No. 1 had to execute a sale deed on receipt of the balance sum within a period of two years. The predecessor of the plaintiffs accordingly demanded execution of the 'Keola' within the stipulated period but the defendant No. 1 declined to comply ...
Maskandar Ali Vs. State of Assam
Court: Guwahati
Decided on: Jan-10-1995
J. Sangma, J.1. The appellant, Md. Maskandar Ali, brought this appeal from the judgment dated 5-4-90 passed by Sri D. Biswas, Sessions Judge, Nagaon, in Sessions Case No. 41(N-H)/86 convicting and sentencing him Under Section 302, IPC to R.I. for life. There was no sentence of fine. On 23-4-1990 this Court granted bail to him. So, now he is on bail.2. The facts of the case are as follows: At 1-30 a.m. of 15-10-84 P.W. 2 (Nuruddin) lodged FIR stating that at 10-30 p.m. of 14-10-84 the appellant and two others (1) Rakib Ali, and (2) Khaliluddin assaulted him, Samiruddin, Jaizuddin and Nazrul Islam on the road at village Islam Nagar and snatched away Rs. 5,000/- cash from his pocket. It was also stated that being injured they came to Hojai State Dispensary for medical aid. On this FIR the O/C registered Hojai PS Case No. 151/84 Under Section 325/324/379/34, IPC at 1-10 a.m. (midnight) of 15-10-84. In the morning the I/O (P.W. 11) went to Islam Nagar and drew sketch a map of the place of ...
Khangembam Daoji Singh Vs. Smt. Yumnam Ningol Mema and anr.
Court: Guwahati
Decided on: Jan-09-1995
H.K. Sema, J.1. This appeal is directed against the judgement and order passed by the learned Family Court on 24-9-1993 in Cril (Maintenance) Case No. 20 of 1993. By the aforesaid order, the learned Family Court directed the appellant to pay Rs. 400/-to the petitioner No. 1 and Rs. 300/- to the petitioner No. 2. So far with regard to the maintenance cost of the petitioner No. 2 the appellant has no grievances, but with regard to the maintenance cost of Rs. 400/- to the petitioner No. 1, the appellant has grievances.2. On the petition filed by the petitioners 1 and 2 for maintenance, the learned Family Court registered the case as case No. 20 of 1993. On the basis of the petition and written statement, the learned Family Court formulates 3 (three) points for determination. These are :-(1) Whether the petitioner No. 1 is unable to maintain herself?(2) Whether the Opp. Party has sufficient means and refused or neglected to maintain the petitioners?(3) Amount of maintenance allowance, if...
Shri Arjun Chandra Das and ors. Vs. Ranjit Oja
Court: Guwahati
Decided on: Jan-09-1995
M. Sharma, J. 1. This revision petition has been filed against the impugned judgment dated 7-12-1994 passed by the District 'Judge, Barpeta in Misc. Appeal No. 16/94 dismissing the appeal and upholding the ad interim injunction granted by the Assistant District Judge, Barpeta in Misc. (J) No. 69/94 dated 19-11-1994 arising out of Title Suit No. 58/94.2. The opposite party as plaintiff filed the abovementioned title suit for a decree that the cancellation of nomination paper filed by the petitioner for election of General Secretary of M.C. College Students Union, Barpeta was illegal and for declaration that his nomination paper is valid, along with an application for permanent injunction restraining the college authority/the opposite party defendants from holding election for the post of General Secretary of the Students Union on the basis of acceptance of other nomination papers and cancellation of nomination paper on 16-11-1994.3. The case in brief is that under the provisions of th...
Manager, Borsapori Tea Estate Vs. Addl. Deputy Commissioner and anr.
Court: Guwahati
Decided on: Jan-05-1995
Khanna, C.J. 1. The present appeal has been filed against the judgment of the learned single Judge dated January 28, 1994 dismissing the Civil Rule No. 3832 of 1991 filed by petitioner/appellant challenging the order of the Workmen's Compensation Commissioner in Case No. 12/89-90.2. We have heard Mr. P.G. Baruah, learned counsel appearing for the petitioner/appellant and Mr. D.P. Chaliha, learned counsel appearing for the contesting respondent. After hearing the learned counsel for the parties the present appeal is being finally disposed of.3. The brief facts for adjudicating the present appeal are that the respondent-2 Sri Bardan Chandra Borkotoki who was admittedly an employee of the petitioner/appellant's Tea Estate met with an accident while working in the factory of the petitioner/appellant on March 15, 1986 and fractured his left patella which was removed subsequently. A claim was raised by the aforesaid respondent before the Workmen's Compensation Commissioner which was registe...
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