Guwahati Court March 1995 Judgments
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Sapam Nishikanta Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Mar-31-1995
H.K. Sema, J. 1. These two writ petitions arise out of common question of facts and law and as such they are being disposed of by this common judgment. 2. Facts given rise to filing of the writ petitions may be recited strictly for the purpose of disposal of these petitions. The State level Text Book Committee has been reconstituted comprises of 23 members by an order dated 22-10-93. The Government of Manipur also constituted subject wise subcommittees to review the curricula and syllabi for classes II to VIII by an order dated 13-1-94. The Sub-Committee submitted revised Curricula and Syllabi. In the meantime, one Shri L. Raghumani Singh, Head of Department of English D. M. College of Arts and Commerce made comments and suggestions for improvement of the revised curriculam and Syllabus. The State level Committee held an emergency meeting on 18-6-94 and examined the revised English curriculam and syllabus in the light of suggestions made by Shri Raghumani Singh and accepted the sugge...
Prafulla Kalita Vs. Oil and Natural Gas Commission and ors.
Court: Guwahati
Decided on: Mar-31-1995
J.N. Sarma, J. 1. This application under Article 226 of the Constitution of India has been filed to set aside the order of dismissal dated January 8/20, 1988. The petitioner was a Driver in the ONGC. A show cause notice was issued to him on the ground of misconduct as envisaged under the Staff Regulation, where Rule 27 of the Conduct, Discipline and Appeal Regulations, 1976 provides as follows: '27. Bigamous Marriage: (1) (a) No employee shall enter into or contract, a marriage with a person having spouse living. (b) No employee, having a spouse living shall enter into, or contract, a marriage with any person; Provided that the Commission may permit an employee to enter into or contract, any such marriage as is referred to in Clause (a) or Clause (b) if it is satisfied that: (i) such marriage is permissible under the personal law applicable. (ii) there are other grounds for so doing'. 2. Schedule to this Regulation provides for the acts and omissions constituting Misconduct. They ar...
Md. Abdul Mazid Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Mar-30-1995
J. Sangma, J.1. In compliance with the request made by this court in Civil Rule No. 7(M) of 1977, the Appellate Tribunal referred this question under Section 256(2) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the order of assessment passed without impleading all the legal representatives was valid in law ?'2. In short the facts can be stated thus. A. Wahid of Dibrugarh was an assessee to income-tax. He had a share of income from Barik Bros., from house property and commission from sale of fish. He filed returns : (1) on March 30, 1968, for the assessment year 1967-68 showing an income of Rs. 21,528 ; (2) on May 30, 1969, for 1968-69 showing an income of Rs. 39,976 ; and (3) on March 28, 1970, for 1969-70 showing an income of Rs. 21,979. Before the Income-tax Officer completed the assessment, he (A. Wahid) died on May 17, 1971, leaving behind wife, Sahera Sultana, and sons and daughters,3. The Income-tax Officer did not accept the returns...
State of Manipur Vs. All Manipur Regular Post Vacancies Substitute Tea ...
Court: Guwahati
Decided on: Mar-15-1995
Baruah, J. 1. The above miscellaneous cases arising out of the above writ appeals involve similar questions of law and fact and, therefore, we dispose of all these misc. cases by a common judgment. In these misc. cases the applicant has filed applications for condonation of delay, if there be any, in preferring the appeals. 2. All these appeals were filed against a common judgment and order dated 15-12-92 passed by a learned single Judge in Civil Rule No. 77/92 and others. The judgment was delivered on 15-12-92. However, all the appeals were filed on 4-11-94. Therefore, there has been a delay of about 1 year 11 months. In the applications for condonation of delay, theapplicant the State of Manipur, have stated, inter alia, that the Civil Rule No. 77/92 was filed by the respondent in the Writ Appeal No. 70/94.A common judgment and order was passed on 15-12-92 with direction to the State Government to appoint the teachers selected by the D.P.C. and, thereafter, the teachers who failed ...
Rajen Gogoi Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-10-1995
Anup Deb, J.1. this application under Article 226 of the Constitution of India, petitioner prays for issuance of a writ in the nature of habeas corpus and/ or the appropriate writ or direction for production of the detenu Manik Gogoi and also for his release.2. The facts of the case are as follows:The army personnel arrested Manik Gogoi and another in Guwahati and took the detenus with them in their vehicle. Since the whereabouts of the detenus could not be ascertained and that the detenus were not produced before any magistrate or handed over to the police, the petitioner apprehended that the detenus might have been inflicted with inhuman treatment and severe torture by the army. The petitioner or the members of the family did not hear anything about them. Hence the present petition. 3. By an order dated 2.4.1993 this court issued rule, notice was accepted on behalf of the respondents. The court further directed that the army authority should make over the detenus to the nearest poli...
Shri Chiekhutso Vs. State of Nagaland and ors.
Court: Guwahati
Decided on: Mar-09-1995
W.A. Shishak, J. 1. The petitioner which is an Association in the name and style of Phek District Timber Association has impugned Government Notification dated 29 June, 1989 issued in exercise of powers conferred by Section 33(2)(h) by which rates of royalty leviable on all classes of forest produce removed from any forest in Nagaland has been prescribed. The main contention of the petitioner Association is that timbers/logs or any forest produce for that matter extracted from village lands or individual lands (forest) no royalty can be imposed under the aforesaid provision of law. Therefore, realisation of royalty in terms of the above notification is illegal and untenable in law. Obviously the above notification was made under the provision of Nagaland Forest Act of 1968. It is contended that the provisions of this Act would govern only Government Reserved Forest and would not include private lands whatsoever. It is further contended that under the garb of the above notification ro...
Assam Company Ltd. Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Mar-08-1995
V.D. Gyani, J. 1. Both these petitions under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), have raised common questions of law as noted, they were heard together and are being disposed of by a common order. 2. Civil Rule No. 14(M) of 1992 is directed against the order dated December 5, 1991, passed by the Tribunal rejecting Reference Application No. 104/(Gau) of 1991 arising out of Miscellaneous Petition No. 25 of 1990, I. T. A. No. 156 of 1988 pertaining to the assessment year 1983-84, rejecting the petitioner's application under Section 256(1) of the Act, refusing to refer the questions of law to this court. 3. Civil Rule No. 1G(M) of 19'92 arises out of the order dated December 5, 1991, passed by the Tribunal on Reference Application No. 50 of 1990, arising out of I. T. A. No. 156 of 1988 for the assessment year 1983-84 rejecting the petitioner's reference application under Section 256(1) of the Act and refusing to refer the questions of law to ...
Dhansiram Agarwalla Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Mar-08-1995
V. Dutta Gyani, J.1. In compliance with this court's order dated January 31, 1989, passed in Civil Rule No. 29/M of 1981, directing the Tribunal to draw up and submit a statement of the case, the Tribunal has accordingly submitted the same and referred the following question of law for this court's opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in upholding the addition of Rs. 90,000 as income from undisclosed sources and in reversing the order of the Appellate Assistant Commissioner ?'2. The assessee, following the mercantile system of accounting, was assessed in the status of an individual for the assessment year 1973-74. The assessment was completed under Section 143(3) on March 31, 1976. It was found by the Income-tax Officer that the assessee had deposited Rs. 1,58,400 with the Bank of India, Netaji Subhash Road Branch, Calcutta, on April 5, 1972, at Calcutta, through the assessee's son, Dayaram. The Income-tax Officer observed th...
Banbor Sawkmie Vs. New India Assurance Co. Ltd.
Court: Guwahati
Decided on: Mar-08-1995
S.L. Saraf, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and order dated 30.11.1993 passed by the Member, Motor Accident Claims Tribunal, Shillong, in MAC Case No. 19 of 1991 for refusal to award interest.2. The facts are, the claimant's case that her sister was run over due to the negligence of the driver of the vehicle No. ML 058368 (MLS 8734) and her sister received injuries and later succumbed and died at the hospital. For the said accident, the claimant preferred a claim before the Claims Tribunal, Shillong, and the Claims Tribunal was pleased to pass the claim of Rs. 80,000/-in her favour. However, the Tribunal failed to make any order regarding interest on amount of compensation money payable.3. The appellant submits before this Court that the appellant has no grievance as to the compensation allowed by the Tribunal but the appellant was al so entitled to the payment of interest as a matter of right from the date of filing of t...
Senaram Das Son of Late Sasai Das Vs. Kashiram Das Son of Late Saruram ...
Court: Guwahati
Decided on: Mar-02-1995
D.N. Baruah, J.1. This revision is directed against the judgment and order passed by the Sessions Judge, Nagaon on 13-12-94 in Criminal Motion No. 95(N)/ 94 allowing the revision filed by the opposite party (first party) and declaring possession in favour of the opposite party (first party) in a proceeding Under Section 145, Cr. P. C.2. At the instance of the opposite party the Sub-Divisional Magistrate, Nagaon initiated a proceeding Under Section 144, Cr. P. C. on 22-2-94 in respect of a plot of land measuring 9 Bighas 2 Kathas 13 Lechas covered by periodic Patta No. 46 (old) 38 (new) in Dag No. 211 situated at Bajarchuk gaon. The opposite party also stated that the second party threatened him with dire consequence and there was likelihood of breach of peace and tranquillity over the disputed land. Thereafter the case came up before an Executive Magistrate for disposal. The Executive Magistrate registered the case as MR No. 60/94 under Sections 145/446, Cr. P. C. and also passed an o...
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