Guwahati Court July 1997 Judgments
Union of India (Uoi) and anr. Vs. Corporal Sharma A.K.
Court: Guwahati
Decided on: Jul-31-1997
M. Ramakrishna, C.J.1. Appellants Nos. 1 and 2 were the respondents in Civil Rule No. 335/89, which was heard and disposed of by the learned single Judge of this Court on 20th March, 1995, by his order allowing the writ petition holding that, the proceeding of the District Court Martial culminating in the finding of guilt and sentence passed thereupon and the confirmation thereof by the authority shall stand quashed. Being aggrieved by the order of the learned single Judge, the Union of India and the Air Officer Commanding-in-Chief, Eastern Air Command, Indian Air Force, have come up with this appeal challenging the correctness and legality of the order under appeal on the grounds taken in the appeal.2. We have heard the learned counsel for the appellants, the Central Govt. Standing Counsel, and the learned counsel for the respondent.3. The brief facts necessary for the purposes of disposal of this appeal are as follows :Mr. A. K. Sharma, Corporal, bearing No. 668504, who was serving ...
Tag this Judgment!Sanwarmal Agarwal and Shyamsundar Sarma Vs. Assistant Commissioner of ...
Court: Guwahati
Decided on: Jul-28-1997
D.N. Choudhury, J.1. The legality and validity of transferring the file of the assessee under Section 127 of the Income-tax Act, 1961, is the subject-matter of both the writ petitions.2. The material facts leading to the filing of both the cases are given below. The petitioners are assessees under the Income-tax Act who were served with notices dated May 13, 1992, proposing the transfer of the petitioners' cases from the jurisdiction of the Income-tax Officer, Tinsukia (Ward-I), to respondent No. 1 under Section 127 of the Income-tax Act, 1961 (for short 'the Act'). The petitioners submitted their reply indicating about the inconvenience that would ensue on such transfer. According to the petitioners, neither sanction thereafter was taken by the respondents, nor the respondents responded to the show-cause reply of the petitioners. Subsequently, the Assistant Commissioner, respondent No. 1, issued notices on the petitioners from time to time under Section 142 of the Act for submitting ...
Tag this Judgment!Surma Valley Saw Mill (P) Ltd. and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-25-1997
A.K. Patnaik, J. 1. In this application under Article 226 of the Constitution of India, the petitioners have prayed for quashing the letter dated 4-3-1997 issued by the Deputy Ranger, Sadar Beat, Karimganj, and for declaration that the action of the respondent-authorities in sealing the peeling machine of the Saw Mill of the petitioners is illegal and ultra vires, and for a direction on the respondents not to close down the mill of the petitioners. 2. The facts briefly are that the petitioner No. 1, M/s. Surma Valley Saw Mill Private Limited, is a private limited company registered under the Companies Act, 1956, and owns a Saw Mill which is situated at Bhanga Bazar in the Karimganj District of Assam. The said Saw Mill of the petitioner No. 1 has been leased out to the petitioner No. 2, M/s. Tea Agency and Trading Centre, which is a Partnership firm registered under the Partnership Act, 1932. The petitioner No. 3, Sri Govinda Das Daga, is the Manager of petitioner No. 2 firm. In the ...
Tag this Judgment!Md. Mohar Ali Vs. Md. Mamud Ali and ors.
Court: Guwahati
Decided on: Jul-25-1997
J.N. Sarma, J.1. The plaintiffs instituted a suit on 19-6-1984 in the Court of the Munsiff No. 1 at Nagaon for specific performance of contract.2. The brief facts are as follows :'The plaintiffs sold a plot of land to the defendant by a registered deed of sale on 19-2-1968. On the same date there was another registered deed, of sale stating that if the plaintiffs returns back the consideration money, the land sold by the plaintiffs shall be reconveyed to the plaintiffs. It is stated in the plaint that the possession of the land was not delivered to the defendant and lit continued with the plaintiffs and the plaintiffs used to pay paddy rent to the defendant. It is stated in para 2 of the plaint that the plaintiffs requested the defendant, to reconvey the, land for the last 3 to 4 years, but that was not done. But the defendant got me land mutated in his name of 8-3-1984, There also was a proceedings under Section 145 of Cr.P.C. and in that proceedings the possession of the land was de...
Tag this Judgment!Rasaraj Debnath Vs. Calcutta University and anr.
Court: Guwahati
Decided on: Jul-22-1997
N.C. Das, J.1. This application under Article 226 of the Constitution of India has been filed by one Sri Rasaraj Debnath who appeared, as an external candidate, in the B.A. Compartmental Examination of the Subject English under Calcutta University on 9-7-19,87, 14-7-1987 and 15-7-1987 held at the Women's College Centre, Agartala for issuance of a Writ of Mandamus directing the respondents to declare him to have passed in the aforesaid Compartmental B.A. Examination.2. I have heard Mr. N. Majumdar, the learned counsel appearing on behalf of the petitioner and Mr. B. Das, the learned senior counsel appearing on behalf of the respondents.3. The petitioner's case, shortly put, is that in the year 1986 he appeared in the B.A. Examination of the Calcutta University as an external candidate. But he could not secure pass mark in the subject English arid hence he was allowed a chance to sit for the Compartmental Examination for the same subject which was held on 9-7-1987, 14-7-1987 and 15-7-19...
Tag this Judgment!Bharat Hydro Power Corporation Ltd., Guwahati and ors. Vs. State of As ...
Court: Guwahati
Decided on: Jul-19-1997
M. Sharma, J. 1. In the writ petition in Civil Rule283/97 under Article 226 of the Constitution ofIndia, the petitioners have challenged the validityof the Act, namely. The Bharat Hydro PowerCorporation Limited (Acquisition and Transferof Undertaking) Act, 1996, being Assam Act No.I of 1997 published in the Assam GazetteExtraordinary dated 6th January, 1997. 2. Petitioners No. 1 and 2 are the companies registered under the Companies Act, 1956, limited by shares and petitioners No. 1 claims to be the sole and absolute owner of the '100MW Karbi Langpi (Lower Barapani) Hydro Electric Power project for short 'the project'). 3. The chronology of the installation of the power project as emerged from the submissions of the parties is that in 1979 the Planning Commission sanctioned a project for production of 100 MW electricity , known as 'Karbi Langpi (Lower Barapani) Hydro Electric Power Generating project in the State of Assam at the approved cost of Rs. 34.15 crores. The Assam State Ele...
Tag this Judgment!Akhil Das and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Jul-04-1997
N.G. Das, J. 1. This appeal under Section 374 of Cr. P. C. is directed against the judgment of learned Additional Sessions Judge, South Tripura, Udaipur dated 14-9-1994 whereby learned Addl. Sessions Judge convicted the appellants, namely, (1) Akhil Das, (2) Atindra Debnath and (3) Dipak Das for commission of the offence under Section 302 of IPC and sentenced them thereunder to suffer R.I. for life. The learned Additional Sessions Judge also convicted the appellants under Section 376(2)(g) of IPC and sentenced them thereunder to suffer imprisonment of 10 years and also to pay a fine of Rs. 1000/- each in default of which a further period of six months R.I. The sentence were, however, ordered to run concurrently.2. We have heard Mr. K.N. Bhattacharjee, the learned senior counsel appearing on behalf of the appellants and Mr. S. Das, the learned Public Prosecutor appearing on behalf of the respondent.3. The facts giving rise to filing of this appeal are that on 3-10-1989 around 6:30 p.m....
Tag this Judgment!Vijay Gupta Vs. Assistant Commissioner of Income Tax.
Court: Guwahati
Decided on: Jul-03-1997
N. PACHUAU, A.M. :This appeal is filed by the assessee and the relevant assessment year involved is 1985-86.2. The first objection is against the order of the CIT(A) confirming the assessment order passed by the Assessing Officer ("AO" for short) where the income from M/s Meghalaya Timber Industry was estimated at Rs. 3 lakhs and the G.P. was estimated at 15 per cent of the estimated sales and allowing deduction of 1/3rd of the estimated GP as trading expenses.3. The brief facts of the case are that the assessee is an individual and the assessment order was passed under s. 143(3)/251 of the IT Act, 1961. The assessee filed return of income on 9th January, 1987 showing total income at Rs. 19,040 along with the computation of income, balance sheet and evidence of prepaid taxes. No P&L a/c or other details in respect of timber business was filed along with the return of income. In fact, it was stated by the AO that no proper account was kept by the assessee. On 8th May, 198...
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