Guwahati Court August 1998 Judgments

Smt. Saraswati Sutradhar and 3 ors. Vs. State of Tripura

Court: Guwahati

D. Biswas, J.1. This miscellaneous petition has been filed invoking the powers of this Court under Section 482, Cr. P.C. for effecting compromise in a family dispute leading to violence and consequent conviction and punishment of the husband and his near relations which is the subject-matter of adjudication in Criminal Appeal (J) No. 5 of 1997.2. I have heard Mr. A. C. Bhowmik, learned counsel for the petitioner as well as Mr. A. Ghosh, learned counsel for the State.3. A complaint was filed by the brother of Smt. Saraswati Sutradhar (Dev) alleging that her (Saraswati) husband Nripendra Sutradhar, father-in-law Ramananda Sutradhar and brothers-in-law Rakhal Sutradhar, Ratan Sutradhar and Swapan Sutradhar assaulted his sister on account of non-payment of dowry in cash and kind. The Police registered a case and on completion of investigation, submitted charge-sheet against the husband and others under Section 498A/307/326 read with Section 34 of IPC.4. The Additional Sessions Judge, Kama...

Jeninder Marak and ors. Vs. State of Meghalaya and ors.

Court: Guwahati

1. In this writ petition, the petitioners, 12 (twelve) in number, challenged the validity of the appointment of the respondent Nos. 4 to 23 in the post of IV Grade coupled with a prayer for an appropriate order or direction which this Court deem fit and proper in the matter and thus, expressing their grant hardship in not getting employment in spite of their merit as published in the Select/ Merit List dated 8.6.1995 as in Annexure A to the writ petition. 2. At the very outset, Mr. KS Kynjing, learned counsel for the petitioners contended, that the petitioners are successful candidates as they have been declared to have passed in the Interview/Viva Voce conducted by the District Selection Committee, East Garo Hills District, Williamnagar, for the post of IV Grade and as per related Select List as in Annexure A to the writ petition, the petitioner Nos. 1 to 12 whose name appears at Serial Nos. 8, 10, 11, 12, 14, 15, 16, 17, 22, 25, 26 and 34 respectively, in the Select/Merit Listand w...

Jeninder Marak and ors. Vs. State of Meghalaya and ors.

Court: Guwahati

1. In this writ petition, the petitioners, 12 (twelve) in number, challenged the validity of the appointment of the respondent Nos. 4 to 23 in the post of IV Grade coupled with a prayer for an appropriate order or direction which this Court deem fit and proper in the matter and thus, expressing their grant hardship in not getting employment in spite of their merit as published in the Select/ Merit List dated 8.6.1995 as in Annexure A to the writ petition.2. At the very outset, Mr. KS Kynjing, learned counsel for the petitioners contended, that the petitioners are successful candidates as they have been declared to have passed in the Interview/Viva Voce conducted by the District Selection Committee, East Garo Hills District, Williamnagar, for the post of IV Grade and as per related Select List as in Annexure A to the writ petition, the petitioner Nos. 1 to 12 whose name appears at Serial Nos. 8, 10, 11, 12, 14, 15, 16, 17, 22, 25, 26 and 34 respectively, in the Select/Merit Listand wher...

Oriental Insurance Co. Ltd. Vs. Khajuni Devi and ors.

Court: Guwahati

J.N. Sarma, J. 1. This is an appeal filed by the Insurance Company. The only question involved in this appeal is that whether the workman was entitled to the benefits under the Workmen's Compensation Act, 1923 as amended by Amendment Act, 1995 (30 of 1995) which came into effect on September 15, 1995. By the Amendment Act the quantum of compensation has been raised. In this particular case the workman died on July 9, 1995 that is, before the date on which the Amendment Act came into force. The Commissioner for Workmen's Compensation, Nagaon, Assam by judgment dated August 12, 1996 in case No. NWC.25/95 gave the benefit of the amended provisions of the Act and fixed the compensation at Rs. 2,19,950.00. 2. Heard Mr. Dutta, learned Advocate for the appellant and Mr. Borkataky, learned Advocate for the respondents. 3. Mr. Dutta urges that as the amendment was not retrospective in nature the benefit of the Amendment Act cannot be given to the heirs of the deceased workman and in this c...

Union of India (Uoi) Vs. Goel Trading Co.

Court: Guwahati

N. Surjamani Singh, J. 1. The judgment and order dated 11-4-1997 passed by the learned District Judge/ Addl. Deputy Commissioner at Shillong in Misc. Civil Appeal No. 1 (T) of 1996, dismissing the appeal of the present petitioner on the ground of non-maintainability of it, is the subject matter under challenge in this Revision Petition under Rule 36A of the Rules for Administration of Justice and Police in the Khasi and Jaintia Hills, 1937 and Rule 27 of the Khasi Syiemship (Administration of Justice) Order, 1950 read with Section 151 of the Code of Civil Procedure. 2. The facts of the case in a short compass are as hereunder :-- ! A contract agreement being No. CWE/SHL/3 of 86-87 was entered amongst the parties for Provn. of Md Accn. for Defence Civilians at SE Falls, Shillong, with original date of commencement and completion as 04-08-86 and 03-08-88 respectively. As the work could not be completed within the prescribed period and time for execution of the work was extended up to 1...

Assam Hindu Mission Upper Nawprem Vs. Smt. Elaboris Tron

Court: Guwahati

N.S. Singh, J. 1. The order dated 2-7-1997 passed by the learned District Judge/Additional Deputy Commissioner, Shillong in Title Civil Appeal No. 2 (T) of 1992 is the subject-matter under challenge in this present Revision Petition under Rule 36A of the Rules for Administration of Justiee and Police in the Khasi and Jaintia Hills. 1937.2. The fads of the case in a short compass are as follows : The present appellant-petitioner as a plaintiff instituted a suit being Title Suit No. 45 (T) of 1985 in the Court of the Assistant to the Deputy Commissioner at Shillong as against the present main respondent-defendant and two pro forma defendants for a decree declaring that the plain-tiff appellant/Institution is the absolute owner of The suit land covered by Patta dated 19-1-1972 issued by Syiem of Mylliem Darbar and for mandatory and permanent injunction restraining the defendant-respondent, her workmen, agents or any other persons claiming on her behalf or through her to enter into the ...

Roopchand Manoj Kumar Vs. Commissioner of Income-tax

Court: Guwahati

P.G. Agarwal, J. 1. Under Section 256(2) of the Income-tax Act, 1961, as per direction of this court, the Appellate Tribunal has referred the following question to this court : 'Whether, on the facts and circumstances of the case, the assessee had discharged its onus as required under Section 68 of the Income-tax Act, 1961, in relation to the two cash credits of Rs. 9,000 each from Smt. Probha Bothra and Kumari Sonita Bothra ?' 2. The relevant facts are that in the course of assessment proceedings for the year 1987-88, the Income-tax Officer was not satisfied about the genuineness of the two entries of cash credit in the name of Smt. Probha Bothra and Kumari Sunita Bothra of Rs. 9,000 each. The Income-tax Officer called upon the assessee to produce the creditors, whereupon one Kamal Chand Bothra, elder brother and legal guardian of the two minor girls, appeared and the statement under Section 131 of the Act was recorded. The Income-tax Officer, however, was not satisfied and was of t...

Jagannath Bawri and ors Vs. Commissioner of Income Tax and ors.

Court: Guwahati

D. N. Chowdhury, J.This is an application under article 226 of the Constitution of India assailing the legality and validity of the direction issued by the Assistant Commissioner (Investigation Circle), Shillong, respondent No. 2, under sub-section (3) of section 226 of the Income Tax Act, 1961.2. By the impugned notice respondent No. 2 in exercise of power conferred under section 226(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), in connection with income-tax proceedings in respect of Sri Binod Kumar Bawri, the Chief General Manager (Planning), Department of Telecommunications, Bawri Mansion, Dhankheti, Shillong, was directed to deposit the full rent payable in respect of premises to the account of the Assistant Commissioner with effect from the month of October, 1994, until further notice.The above notice is, thus, challenged in the writ petition on the ground that Shri Binod Kumar Bawri is shown as the owner of the property in question but in fact does not o...

Jagannath Bawri and ors. Vs. Commissioner of Income-tax and ors.

Court: Guwahati

D.N. Chowdhury, J. 1. This is an application under Article 226 of the Constitution of India assailing the legality and validity of the direction issued by the Assistant Commissioner of Income-tax (Investigation Circle), Shillong, respondent No. 2, under Sub-section (3) of Section 226 of the Income-tax Act, 1961. 2. By the impugned notice respondent No. 2 in exercise of power conferred under Section 226(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), in connection with income-tax proceedings in respect of Sri Binod Kumar Bawri, the Chief General Manager (Planning), Department of Telecommunications, Bawri Mansion, Dhankheti, Shillong, was directed to deposit the full rent payable in respect of premises to the account of the Assistant Commissioner of Income-tax with effect from the month of October, 1994, until further notice. 3. The above notice is, thus, challenged in the writ petition on the ground that Shri Binod Kumar Bawri is shown as the owner of the propert...

Jagannath Bawri and ors Vs. Commissioner of Income Tax and ors.

Court: Guwahati

Reported in: (1999)153CTR(Gau)590

D. N. Chowdhury, J.This is an application under article 226 of the Constitution of India assailing the legality and validity of the direction issued by the Assistant Commissioner (Investigation Circle), Shillong, respondent No. 2, under sub-section (3) of section 226 of the Income Tax Act, 1961.2. By the impugned notice respondent No. 2 in exercise of power conferred under section 226(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), in connection with income-tax proceedings in respect of Sri Binod Kumar Bawri, the Chief General Manager (Planning), Department of Telecommunications, Bawri Mansion, Dhankheti, Shillong, was directed to deposit the full rent payable in respect of premises to the account of the Assistant Commissioner with effect from the month of October, 1994, until further notice.The above notice is, thus, challenged in the writ petition on the ground that Shri Binod Kumar Bawri is shown as the owner of the property in question but in fact does not ow...