Guwahati Court May 1997 Judgments

Indian Research Institute Ltd. and ors. Vs. Swapan Paul

Court: Guwahati

D.N. Chowdhury, J. 1. This is an application seeking for quashing of the Criminal proceeding pending before the Sub-Divisional Judicial Magistrate, Guwahati in C.R. Case No. 2411C/96. A complaint was lodged before the Chief Judicial Magistrate, Kamrup, Guwahati for initiation of a criminal proceeding of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The materials part of the accusation are quoted below : .4. That according to aforesaid agreement, the accused persons took Rs. 3,00,000/ - from the complainant as cash deposit in form of Banker Cheque by Cheque No. 690099 dated 12-8-1994 on United Bank of India, Romal Exchange Branch, Calcutta drawn by his banker. The Industrial Cooperative Bank Ltd. Guwahati and one Bank Guarantee of Rs. 3 lacs of Punjab National Bank, Fancy Bazar, Guwahati vide No. 7/94 dated 13-8-1994 as security carrying 18% interest per annum on the aforesaid Rs. 3 lacs cash deposit. The accused acknowledged the receipt thereof vide the...

Indian Research Institute Ltd. and ors. Vs. Swapan Paul

Court: Guwahati

Reported in: 1998CriLJ1164

ORDERD.N. Chowdhury, J. 1. This is an application seeking for quashing of the Criminal proceeding pending before the Sub-Divisional Judicial Magistrate, Guwahati in C.R. Case No. 2411C/96. A complaint was lodged before the Chief Judicial Magistrate, Kamrup, Guwahati for initiation of a criminal proceeding of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The materials part of the accusation are quoted below : .4. That according to aforesaid agreement, the accused persons took Rs. 3,00,000/ - from the complainant as cash deposit in form of Banker Cheque by Cheque No. 690099 dated 12-8-1994 on United Bank of India, Romal Exchange Branch, Calcutta drawn by his banker. The Industrial Cooperative Bank Ltd. Guwahati and one Bank Guarantee of Rs. 3 lacs of Punjab National Bank, Fancy Bazar, Guwahati vide No. 7/94 dated 13-8-1994 as security carrying 18% interest per annum on the aforesaid Rs. 3 lacs cash deposit. The accused acknowledged the receipt thereof vide...

National Insurance Co. Vs. Amal Kanti Das

Court: Guwahati

H.K.K. Singh, J.1. This appeal under Section 39 of the Arbitration Act, 1940 is against the judgment and decree dated 11-4-1994 and 16-4-1994 respectively passed by the learned Asstt. District Judge, Court No. 1 in Title Suit (Arbitration) No. 109 of 1993 rejecting the application of the present appellant for setting aside the award and thereby making the award rule of the Court.2. The appellant is the insurerof the respondent who is dealing in the business of printing, publishing and selling of books etc. under the name and style 'M/s. Saraswati Book Depot' 28 Akhaurah Road, Agartala. On 5-7-1991 the shop of the respondent was ransacked and damaged by a group of students and some of the books and articles were also taken away. The respondent reported the matter to the police and also made a claim to the appellant-Insurance company as per terms of The insurance policy being No. 203000/ 3106259. As per report of a Surveyer appointed by the appellant the loss was estimated at Rs. 18,700...

Sardar Harvinder Singh Sehgal and ors. Vs. Assistant Commissioner of I ...

Court: Guwahati

J.N. Sarma, J. 1. All the writ petitions raise common questions of law and are based on the same factual matrix and as such as agreed to are taken up for hearing together and this judgment shall cover all of them. 2. The four petitioners, residents of Imphal and carrying on business at Imphal and belonging to the same family, along with the four others, residents of Calcutta, claimed to have purchased a lottery ticket worth Rs. 5 of the Government of Nagaland. It is claimed that they were the joint purchasers of the ticket and were entitled to the prize money equally. The draw was held on October 31, 1983, and the ticket won the first prize of rupees one crore. The four other persons are : (i) Md. Ayub, (ii) Md. Anwar, (iii) Md. Elyas and (iv) Md. Abhas, all of 4, Achambit Show Road, Calcutta-22. 3. Claim was made for the share of each and accordingly it was paid by deducting tax at the source from individual claims and the necessary certificate of deduction was given in 1984. 4. The ...

Sardar Harvinder Singh Sehgal and ors. Vs. Assistant Commissioner of I ...

Court: Guwahati

J. N. SHARMA, J. :All the writ petitions raise common questions of law and are based on the same factual matrix and as such as agreed to are taken up for hearing together and this judgment shall cover all of them.2. The four petitioners, residents of Imphal and carrying on business at Imphal and belonging to the same family, along with the four others, residents of Calcutta, claimed to have purchased a lottery ticket worth Rs. 5 of the Government of Nagaland. It is claimed that they were the joint purchasers of the ticket and were entitled to the prize money equally. The draw was held on 31st October, 1983, and the ticket won the first prize of rupees one crore. The four other persons are : (i) Md. Ayub, (ii) Md. Anwar, (iii) Md. Elyas and (iv) Md. Abhas, all of 4, Achambit Show Road, Calcutta-22.Claim was made for the share of each and accordingly it was paid by deducting tax at the source from individual claims and the necessary certificate of deduction was given in 1984.The four pe...

Sardar Harvinder Singh Sehgal and ors. Vs. Assistant Commissioner of I ...

Court: Guwahati

Reported in: (1998)144CTR(Gau)626

J. N. SHARMA, J. :All the writ petitions raise common questions of law and are based on the same factual matrix and as such as agreed to are taken up for hearing together and this judgment shall cover all of them.2. The four petitioners, residents of Imphal and carrying on business at Imphal and belonging to the same family, along with the four others, residents of Calcutta, claimed to have purchased a lottery ticket worth Rs. 5 of the Government of Nagaland. It is claimed that they were the joint purchasers of the ticket and were entitled to the prize money equally. The draw was held on 31st October, 1983, and the ticket won the first prize of rupees one crore. The four other persons are : (i) Md. Ayub, (ii) Md. Anwar, (iii) Md. Elyas and (iv) Md. Abhas, all of 4, Achambit Show Road, Calcutta-22.Claim was made for the share of each and accordingly it was paid by deducting tax at the source from individual claims and the necessary certificate of deduction was given in 1984.The four pet...

Monisikha Barua Vs. Hindustan Fertilizer Corpn. Ltd. and ors.

Court: Guwahati

J.N. Sarma, J. 1. This Writ application originally was filed by one Suresh Chandra Barua with the prayer that the impugned order dated December 23, 1989, order dated November 26, 1989 and resolution communicated vide letter dated June 25/26, 1990 be quashed. 2. During the pendency of this Civil Rule the original Writ Petitioner died and his wife has been substituted in his place. 3. The brief facts are as follows: On January 27, 1973 the original petitioner (hereinafter called the petitioner) was appointed as Accounts Assistant in the Hindustan Fertilizar Corporation of India Limited. In the year 1978 and 1980 the petitioner was promoted to the post of Assistant Accountant and Junior Accounts Officer. In the year 1987 the petitioner was promoted to Accounts Officer, Grade-1 and he was transferred from Guwahati to Bhopal. On June 13, 1988 the petitioner while working at Bhopal was placed under suspension on certain allegations. On August 8, 1988 the petitioner was served with the memo...

Assam Pesticides and Agro Chemicals Vs. Commissioner of Income-tax

Court: Guwahati

D.N. Chowdhury, J. 1. The following questions of law were referred for the opinion of the High Court : ' 1. Whether, on the facts and in the circumstances of the case, there was any evidence before the Tribunal to come to the conclusion that the discount/commission paid by the assessee was without any commercial consideration or business expediency and without any services rendered by the agent, Agro India ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the view of the Assessing Officer that the agreement was sham and only a device to reduce the income of the family by applying to the other members of the family ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in ignoring the existence of Agro India, the commission agent, which has been duly constituted as a registered firm and assessed to taxes by the Assessing Officer comprising incomes from commission during the relevant asse...

Debasish Majumdar and anr. Vs. Saha Brothers, West Tripura, Agartala a ...

Court: Guwahati

A.K. Patnaik, J.1. This is a revision under Section 115 of the Code of Civil Procedure, 1908, against the judgment and order dated 23-9-1992 of the learned Additional District Judge, West Tripura Agartala, in Misc. Appeal No. 24 of 1991.2. The brief facts are that the respondent No. 1, M/s. Saha Brothers, was a partnership firm and the respondent No. 2, Nani Gopal Saha, was one of its partners. Title Suit No. 324/81 was filed by respondent No. 1 for perpetual injunction in respect of the suit land measuring 150' x 170' in Bardwali town adjacent to Bishalgarh Road. The respondent No. 2, Nani Gopal Saha, joined in the said suit as plaintiff No. 2 subsequently by way of amendment of the plaint. The case of respondent No. 1 in the said suit was that it was carrying the agency business of M/s. B.O. C. Ltd. in petrol, ' kerosene oil, diesel, lubricants, etc. The said business was being carried on the suit land of which Braja Ballav Poddar, the father of respondents 3 to 6, was the owner. On...

Sushil Choudhury and anr. Vs. State of Tripura and ors.

Court: Guwahati

A.K. Patnaik, J. 1. In these two writ petitions under Article 226 of the Constitution, the petitioners have complained of violation of their fundamental rights under Articles 19(1)(a) and 14 of the Constitution of India by the State Government of Tripura in the matter of issue of advertisements to their respective newspapers. 2. The petitioner in Civil Rule No. 386/95 is the Editor and Proprietor of the newspaper Dainik Ganadoot, and the petitioner in Civil Rule No. 455/95 is the Editor of the newspaper Sandyan Patrika. Both the aforesaid newspapers are Bangali Dailies published from Agartala and the petitioners claimed to have invested a huge amounts of money in modernisation of the press in which the newspapers are printed. By a notification dated 20-11-1985 of the Government of Tripura in the department of Information, Cultural Affairs and Tourism, the advertisement policy was notified. In the said policy, it was, inter alia, stated that the Director of Information, Cultural Affai...