Guwahati Court March 1998 Judgments
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Mrs. Rose Shimray Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Mar-31-1998
H.K. Sema, J.1. These batches of Habeas Corpus Petitions raises the same question of law and as such, they are being disposed of by this common judgment analogously.2. Facts leading to the filing of the present habeas corpus petitions may be recited briefly. Detenues were arrested on 28-9-96 at Shillong by the Meghalaya Police and remanded to judicial custody. Thereafter, pursuant to a direction passed by the Gauhati High Court, they were handed over to Nagaland Police on 3-10-96. They were detained by an order dated 1-10-96 by the Govt. of Nagaland in exercise of power under subsections (1) and (2) of Section 3 of the National Security Act, 1980 (in short the Act). Detenues challenged the aforesaid order by filing the habeas corpus petitions registered as C. R. Nos. 11/ 97, 12/97 and 13/97 at principal seat of the Gauhati High Court. The Division Bench disposed of the aforesaid writ petitions on 27-2-97 quashing the detention order and directed the detenues to be set at liberty forth...
Smt. Aheibam Ongbi Leihao Devi Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Mar-31-1998
H.K. Sema, J. 1. Heard Ch. Dhananjoy Singh, learned counsel for the petitioner as well as Mr. A. Jagatchandra Singh, learned Addl. Govt. Advocate appearing for the respondents.2. Petitioner's husband was employed as Taxi Driver. In course of his professional duty, he was killed on 14-8-95 by the 5th Bn. Manipur Rifle posted at Iroishemba. This petition has been espoused by his spouse claiming the following reliefs :-- '(i) issue rule nisi calling upon the respondents to show cause as to why the case of the petitioner for payment of adequate compensation and ex-gratia for the death of A. Raghumani Singh in the firing incident by the 5th Bn. Manipur Rifles,(ii) make rule absolute.(iii) passorder/direction which Hon'ble Court deem fit and proper in the interest of justice.(iv) issue a direction to make an enquiry into the case by a competent Court.(v) pass an interim order directing the Respondents to pay ad-interim compensation and ex-gratia pending disposal of this writ petition for t...
T. Phungjathang Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Mar-31-1998
H.K. Sema, J. 1. In this writ petition, petitioner has assailed the impugned order dated 23rd December, 1997 passed by the respondents in supersession of the order dated 13th November, 1997 purportedly in exercise of the power conferred under Section 13 read with Section of the Manipur Town and Country Planning Act, 1975 (In short the Act), thereby replacing the petitioner as Chairman of the Planning and Development Authority by the respondent No. 3 as violative of proviso to Section 16 of the Act. 2. Facts leading to the filing of the present writ petition may be summarily recited. Petitioner was appointed as Chairman of the Planning and Development Authority in exercise of the power under Section 13 read with Section 14 of the Act, by an order dated 3rd February 1996. In the interregnum two non-Official members namely; Shri M. Bijoykumar Singh and Shri N.I. Singh terms of appointment expires on 2-6-97 as would appear from the Annexure P/19 of the Supplementary counter of the respon...
Samir Das Vs. State of Tripura
Court: Guwahati
Decided on: Mar-23-1998
N.G. Das, J. 1. This appeal is directed against the judgment and order dated 5-12-1995 passed by the learned Sessions Judge, South Tripura, Udaipur in Sessions Trial No. 54 (S.T./ U) of 1995 whereby learned Sessions Judge convicted the present appellant for commission of the offence under Section 304, Part II of I.P.C. and sentenced him there under to suffer 5 (five) years rigorous imprisonment and also to pay a fine of Rs. 10,000/- in default of which he is to suffer a further period of 2 (two) years rigorous imprisonment.2. I have heard Mr. P. C. Das, the learned counsel appearing on behalf of the appellant and Mr. S. Das, learned Public Prosecutor appearing on behalf of the respondent.3. Shorn of details, the prosecution case is as follows :-On 6-7-1993 informant Shri Shyamal Das (P.W. 15) submitted a written ejahar to O.C., R. K. Pur P. S. alleging, inter alia, that on 5-7-1993 at about 6.30 p.m. his father was assaulted by the appellant Sarnir Das with some lathi and as a consequ...
Assam Rajyik Kerosene Feriwalla Santha Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-20-1998
Ramakrishna, C. J. 1. This appeal is directed against the judgment and order made by the learned single Judge of this Court disposing of Civil Rule No. 4209 of 1995, dated 18th June, 1997. The learned single Judge dismissed the writ petition holding that there was no merit in the case. Aggrieved by the said order, the petitioner presented this appeal, challenging the correctness and legality of the order of the learned single Judge, under appeal, for the grounds taken therein.2. The appellant and his counsel are absent. However, since the appeal is required to be dealt with in regard to a small question of law, we have heard Mr. A.M. Bujar Barua, learned Govt. Advocate, appearing for the respondents, along with Ms. I. Bora, learned counsel, and we propose to dispose of this appeal as follows :--3. A few facts which are necessary for the disposal of the appeal are as follows : --The Assam Rajyik Kerosene Feriwalla Santha. said to be registered under Registration No. 1621, with its hea...
Anil Chandra Sharma and anr. Vs. Alka Rani Ghosh
Court: Guwahati
Decided on: Mar-05-1998
D.N. Choudhury, J. 1. This appeal is directed against the judgment and order dated October 9, 1985 passed by the Commissioner, Workmen's Compensation, North Tripura, Kailashahar passed in T.S. (Workmen's Compensation) 2 of 90 (Agartala) and T.S. (Workmen's Compensation) 5 of 84 (Kailashahar) questioning the order and findings of the learned Commissioner in awarding compensation against the appellant and exonerating the Insurance Company from its liability from the payment of compensation arising out of the contractual liability.2. The present proceeding was initiated at the instance of the parents of the deceased Bishnupada Sharma who was working as an Assistant/Handyman in a Truck bearing No. TRL-2103 owned by opposite party-respondent No. 1. On September 15, 1979 while the above Truck was proceeding from Guwahati towards Agartala through Assam-Agartala Road with load, the said Truck met with an accident at Panitila on Assam-Agartala Road. Shri Bishnupada sharma, Assistant/Handyman o...
Commissioner of Income-tax Vs. Kashiram Ramgopal (Agencies)
Court: Guwahati
Decided on: Mar-04-1998
M. Ramakrishna, C.J.1. The Income-tax Appellate Tribunal referred the following question under Section 256(2) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that capital contributed by a partner, Kashiram Agarwala (HUF), in the form of land was genuine and it became the property of the assessee-firm ?'2. The competent authority has sought for an opinion of this court on the above leading question.3. We have perused the grounds on which the matter came up for consideration before the Tribunal and we have also heard learned standing counsel for the Revenue.4. At the outset, a question was asked by the court to learned counsel for the Revenue with a view to answer the question, whether the landed property referred to in the course of the question, said to have been contributed by way of capital contribution by the partner of Kashiram Ramgopal with any documentary evidence, evidencing the transfer...
Commissioner of Income-tax Vs. Nandlal Parshuram
Court: Guwahati
Decided on: Mar-04-1998
M. Ramakrishna, C.J. 1. The following question of law has been referred to us under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as the Act), by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati : 'Whether, the Tribunal did not err on the facts as well as in law in holding that the tractors are not road transport vehicles and also in allowing investment allowance on the tractors ?'2. The matter arises in this way : Nandalal Parshuram Bishmile Chabua is owning a tractor, which was being used for transporting tea in the tea garden or tea plantation. The owner of the tractor claimed investment allowance in respect of the tractor for the assessment year 1984-85 under Section 32A of the Act. The assessing authority held that tractors are road transport vehicles and accordingly negatived the claim of investment allowance on tractors. On appeal, the Commissioner of Income-tax (Appeals) upheld the order of the assessing authority. Aggrieved by this order, the ...
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