Guwahati Court May 1998 Judgments
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Union of India (Uoi) and 3 ors. Vs. State of Manipur and 2 ors.
Court: Guwahati
Decided on: May-08-1998
P.K. Sarkar, J. 1. The Union of India and three others have filed the present writ petition for quashing the order of the State Government dated 12-3-98 (Annexure-A/2) constituting a Commission of Inquiry under Section 3 of the Commissions of Inquiry Act and also to quash the public notice dated 31-6-1998 (Annexure-A/3) issued by the Secretary. 'SANAMACHA INQUIRY COMMISSION' (Respondent No. 3). The petitioners have challenged the power of the State Government in constituting the said Commission of inquiry under the Commissions of Inquiry Act, 1952 for the purpose of making inquiry to the alleged disappearance of one Shri Y. Sanamacha Singh of Thoubal District, Manipur in and around the midnight of 12-2-1998 from his house.2. It is stated in the petition that 17 Raj Rifles have been deployed in the State of Manipur for counter insurgency operation. The area has been declared as disturbed area and Armed Forces (Special Powers) Act, 1958 has been made applicable in the Stale of Manipur b...
Commissioner of Income-tax Vs. Bachraj Dugar
Court: Guwahati
Decided on: May-06-1998
V.D. Gyani, Actg. C.J. 1. In compliance with the order passed by this court in C.R, No. 8(M) of 1993, the following question has been referredfor this court's opinion : 'Whether the Tribunal's observation that there was no provision either in the Act or in the rules regarding the withdrawal of approval retrospectively was justified when Section 21 of the General, Clauses Act confers such power to the authority concerned ?' The facts, as can be gathered from the Tribunal's order, are as follows: The assessee-respondent claimed deduction under Section 35CCA on account of donation of Rs. 2 lakhs to a society for integrated development. In view of the withdrawal of approval granted to the society by the prescribed authority for the purpose of Section 35CCA with retrospective effect, the claim for deduction was disallowed by the Assessing Officer. The order passed by him was confirmed in appeal by the Commissioner of Income-tax (Appeals). The Appellate Tribunal, however, observed that the...
Pralay Saran Chakraborty Vs. State Bank of India and ors.
Court: Guwahati
Decided on: May-05-1998
A.K. Patnaik, J. 1. This is an appeal against the judgment dated September 10, 1996 of the learned single Judge of this Court dismissing Civil Rule No. 170/94 filed by the appellant.2. The facts briefly are that the appellant was an officer in the rank of Junior Management Grade Scale-I in the State Bank of India. In the year 1989, he was allowed to officiate in the higher post of Middle Management Grade Scale-II at its Regional Office at Agartala. By Memorandum dated April 28, 1993, the appellant was transferred from the said Regional Office at Agartala and reverted and posted as Officer in the rank of Junior Management Grade Scale-I at the Agartala Branch of the State Bank of India. Aggrieved by the said transfer and reversion, the appellant filed Title Suit No. 32/93 in the Court of the learned Munsiff, West Tripura, Agartala, on May 7, 1993 challenging the said order dated April 28, 1993. Along with the said Title Suit, the appellant also filed an application for temporary injunc...
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