Guwahati Court June 1999 Judgments
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Baishya Brothers Pvt. Ltd. and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-17-1999
D.N. Chowdhury, J.1. The legitimacy of the action initiated on behalf of the respondent No. 2 in aid of Section 29 of the State Financial Corporation Act, 1951 (hereinafter referred to as the Act) is the core question requiring adjudication in this proceeding. The facts and the circumstances which gave rise to the proceeding under Article 226 of the Constitution are summed up below :2. The petitioner company moved the respondent No. 2 for financial assistance by way of term loan in its venture of Hotel Samrat. Accordingly the parties entered into a loan agreement whereby respondent No. 1 sanctioned a sum of Rs: 58.25 lakhs. As per the contractual stipulation the loan was repayable within March, 1991. There was some modification of the schedule of pay. The repayment of Rs. 50 lakhs of term loan was to commence from Sept. 1988 and to be completed in March, 1992. Further the additional loan of Rs. 6.24 lakhs was repayable commencing from Nov. 1990 and completing in Nov. 1997. The interes...
Smt. T. Joicy Vs. the Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jun-16-1999
W.A. Shishak, J. 1. This petition under Article 226 of the Constitution has been filed for issuance of a writ of Habeas Corpus in respect of one T. Mahaimi alias Apam, husband of the writ petitioner.2. Facts/allegations may be narrated briefly :Said T. Mahaimi alias Apam was picked up by the Special Forces/A. R., Mahar Regiment, 3 Corps combined on 6th June, 1996 at about 11.30 a.m. from the house of Mrs. Dorothy of North A.O.C. while sitting with her and some friends without assigning any reason. Thereafter he was taken into custody by the Armed Forces and he was detained at Army Headquarters at Leimakhong. The petitioner reported the matter to the Deputy Commissioner and other authorities. Representation was also submitted to I.G.P. (Law and Order) for tracing out the said T. Mahaimi. However, there was no positive response from the concerned authorities. After the arrest the said Mahaimi was not produced before Police or Magistrate at any time. 3. The petitioner further avers that ...
Faringa Chakma and ors. Vs. State of Tripura
Court: Guwahati
Decided on: Jun-11-1999
D.N. Choudhury, J. 1. This appeal is directed against the judgment and order passed by the learned Sessions Judge, South Tripura, Udaipur in Sessions Trial No. 10(S.T/A) of 1995 convicting all the 5 accused-appellants on the charge under Section 302 read with Section 34 of I.P.C. and sentencing them imprisonment for life. Hence the appeal.2. According to the prosecution P.W. 6 Smti. Kamala Rani Chakma of Jharjhoria along with her husband Bijoy Chakma (since deceased) went to Chelagong for marketing on 25-10-93 and on their return home from market along with Prafulla Chakma, P.W. 2 the accused-persons came out from the jungle with lathi and attacked her husband. The informant had herself in the forest and saw the accused-persons assaulting her husband. My husband was begging for life which the accused-persons did not care. But no one came forward since it was very lonely place. When the accused-persons went away she started towards home and on the way she met her father-in-law Prafulla...
Kamal JaIn Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-04-1999
N. Sharma, J. 1. By this writ petition, petitioner seeks to challenge the inclusion of sugar other than the sugar candy as item excluded from the provisions of the Assam General Sales Tax Act, 1993 in SI. No. 36 of the First Schedule in the list of exempted item.2. The petitioner has started Misri business, after coming into force of the Assam General Sales Tax Act, 1993 (hereinafter referred to 'the Act, 1993') and he is the sole proprietor of Monika Enterprise at Guwahati. The contention of the petitioner is that prior to repeal of the Assam Sales Tax Act, 1947 by Section 74 of the Act, 1993, 'sugar candy' was exempted from tax being 'sugar' vide item/serial No. 46 of the Third Schedule to the repealed Act. But subsequently, vide item No. 36 of the First Schedule appended to the Assam General Sales Tax Act, 1993, the definition of sugar was altered by the State Legislature. By this, sugar candy has been excluded from the purview of sugar and made taxable within serial No. 2 of the T...
Commissioner of Income-tax Vs. M.L. Agarwalla
Court: Guwahati
Decided on: Jun-04-1999
Brijesh Kumar, C.J. 1. This is an application under Section 256(2) of the Income-tax Act, 1961, with a prayer that a show-cause notice be issued to the respondents, as to why the question of law formulated or arising out of order dated March 27, 1997, passed by the Income-tax Appellate Tribunal, Guwahati Bench, Guwahati, in ITA No. 175 (Gau) of 1993, be not submitted to this court for opinion, after hearing the parties. 2. The brief facts of the case are that the respondent-assessee filed the return of income for the assessment year 1989-90 and claimed deduction of investment allowance under Section 32A of the Income-tax Act in respect of ultrasound medical diagnostic electronic equipment, servo-voltage stabiliser and air-conditioner. The Assessing Officer by order dated March 30, 1992, disallowed the claim of investment allowance holding that the ultrasound diagnostic medical equipment is utilised for observing and studying the internal organs of the human body. It only displays in...
Management of Teok Tea Estate Vs. P.O., Labour Court and anr.
Court: Guwahati
Decided on: Jun-02-1999
Brijesh Kumar, C.J. 1. This writ appeal is preferred against the order dated January 29, 1996 passed in Civil Rule No. 766/1990 dismissing the petition filed by the petitioner-appellant, challenging the award given by the Labour Court, Respondent No. 1 and ordering reinstatement of the workman Respondent No. 2 in service. 2. The short question which calls for answer is, as to whether during the period of non-publication of the Labour Court's award under Section 17 of the Industrial Disputes Act, though the award has been written, signed and submitted, it would amount to 'pendency' of the 'proceedings' before the Labour Court or not for the purposes of Sections 33 and 33A of the Industrial Disputes Act. According to the respondent No. 2 the order dispensing with his services was passed on August 20, 1986 during the pendency of the proceedings in Misc. Case No. 3/85. 3. Only with a view to clarify the facts, it may be indicated that initially it was the case of the respondent No. 2 tha...
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