Guwahati Court May 2000 Judgments
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State of Tripura Vs. Ashoke Kumar Subba
Court: Guwahati
Decided on: May-22-2000
M.L. Singhal, J.1. The accused-Ashoke Kumar Subba one of the managing partners of M/s. Bindhya Agency, entered into an agreement on 8-1-1993 with the State of Tripura for conductingTripura State Lottery as an agent. In terms of the agreement, the accused-Ashoke Kumar Subba did not obtain the approval of the State Government for the scheme and fixed 14-2-1993 as the date of lottery draws. The State of Tripura through Shri D. Chakraborty, Director, Small Savings, Group Insurance and Institutional Finance, Government of Tripura, Agartala, on 16-2-1993 lodged an FIR, culminating in filing of chargesheet under Sections 468, 469, 420 read with Section 34 of I.P.C. against the accused persons, namely, Ashoke Kumar Subba, Basanta Subba and Majid Khan, opposite parties in the present revision petition. The accused persons were put on trial before the learned Addl. Chief Judicial Magistrate, West Tripura district who by his order dated 14-12-1995 under Section 239, Cr. P.C. finding the charge a...
Raksh Pal Rana Vs. Union of India and ors.
Court: Guwahati
Decided on: May-16-2000
1. In this application under Article 226 of the Constitution, the petitioner has prayed for quashing the orders dated 10.5.1997 and 29.7.1997 by which the respondent Nos. 5to41 have been promoted to the rank of 2nd-in-Comand in the Central Reserve Police Force (for Short 'CRPF'). 2. The facts briefly are that on 8.10.1984. the petitioner was appointed as Deputy Superintendent of Police,e CRPF. The post was re-designated as Assistant Commandant. He was then promoted to the post of Deputy Commandant of CRPF in February, 1992. A gradation list of Deputy Commandant was prepared and circulated on 1.1.1995 in which the petitioner was shown as senior to the respondent Nos. 5 to 41 in the rank of Deputy Commandant. But on 7.4.1996 a Departmental Promotion Committee (for short 'DPC') was held to consider promotion from the rank of Deputy Commandant to the 2nd-in Command in CRPF. Several Officers in the rank of Deputy Commandant including the petitioner and the respondent Nos. 5 to 41 were cons...
Williamson Magor and Co. Ltd. Vs. Assistant Commissioner of Income-tax ...
Court: Guwahati
Decided on: May-12-2000
D.N. Chowdhury, J.1. Three questions are referred to the High Court by the Assam Board of Revenue under Sub-section (2) of Section 28 of the Assam Agricultural Income-tax Act, 1939, hereinafter referred to as the Act, 1939, at the instance of the assessee in the following circumstances.2. The assessee/applicant, Williamson Magor and Company Ltd., was engaged in cultivation, manufacture and sale of tea and is an assesseeunder the Assam Agricultural Income-tax Act, 1939. It filed its returns for the assessment years 1979-80 and 1980-81, claiming deduction under Section 8(2) of the Act of 1939, for items, viz., entertainment expenses, perquisites, advertisement expenses, transit flat. The Income-tax Officer disallowed the deductions. The assessee preferred an appeal before the Assistant Commissioner of Taxes (Appeals) against the disallowance. The Assistant Commissioner found that the income-tax authority disallowed the claim of deduction to the tune of Rs. 1,07,295 and Rs. 3,75,052 for...
State of Manipur and Ors. Vs. All Manipur Village Level Worker's Sub-C ...
Court: Guwahati
Decided on: May-09-2000
N.S. Singh, J.1. The Judgment and order dated 21,4.1997 passed by the learned Single Judge of this Court in Civil Rule No. 413 of 1996 thus allowing the writ petition filed by the writ petitioners with a direction to the respondents (appellants herein) to amend the Recruitment Rules of Village Level Workers' (VLWs) as in Annexure A/4 to the writ petition and allowing those Village Level Workers' to enjoy the monthly pay scale of Rs. 1350-2200 with effect from 1.6,1994 within 6 (six) months from the date of the impugned judgment and order, is the subject-matter under challenge in this writ appeals2. The facts of the case in a very short compass are as follows :The present respondents as writ petitioners filed the writ petition being Civil Rule No. 413/1996 before this court for issuing a writ in the nature of mandamus or any direction for amending the Recruitment Rules for the post of Village Level Workers' as in Annexure A/4 to the writ petition in the Directorate of Rural Development...
Tata Tea Limited Vs. Superintendent of Taxes and ors.
Court: Guwahati
Decided on: May-09-2000
H.K. Sema, J. 1. This petition is directed against the order dated December 29, 1994 passed by the learned Member, Assam Board of Revenue in Case S.T.A. Nos. 62 to 66 of 1992, dismissing the appeal filed by the petitioner.2. The facts leading to the filing of the case need not be recited, as the case is going to be remanded back to the learned Member of Assam Board of Revenue for a fresh disposal. However, in a nutshell, the dispute involved is with regard to the assessment years March 31, 1988, September 30, 1988, March 31, 1989, September 30, 1989 and ending March 31, 1990. It is the case of the petitioner that within the aforesaid assessment years, the Superintendent of Taxes, Nagaon has assessed on the stock of goods transferred to its agent Rajnikant & Brothers by treating such transfer of stock of goods as sales which is illegal inasmuch as the agent was carrying on his own business by selling of goods as a registered dealer.3. Before the learned Board of Revenue the petitioner ...
Thangjam Yaima Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: May-08-2000
N.S. Singh, J. 1. In Ajay Hasia and Ors., Petitioners v. Khalid Mujib Sehravardi and Ors., respondents reported in (1981) I SCC 722 the Apex Court held thus: 'What Article 14 strikes at is arbitrariness because an action that is arbitrary, must necessarily involve negation of equality. The doctrine of classification which is involved by the courts is not paraphrase of Article 14 nor is it the objective and end of that Article. It is merely a judicial formula for determining whether the legislative or executive action in question is arbitrary and therefore constituting denial of equality. If the classification is not reasonable and does not satisfy the two conditions referred to above, the impugned legislative or executive action would plainly be arbitrary and the guarantee of equality under Article 14 would be breached. Wherever therefore, there is arbitrariness in State action, whether it be of the Legislature or of the executive or of an 'authority' under Article 12, Article 14 imme...
Dina Bawri Vs. State of Assam
Court: Guwahati
Decided on: May-08-2000
This appeal has been filet! by the appellant against the judgment of the learned Sessions Judge, Jorhat, convicting him under section 302 of the Indian Penal Code. On conviction, the appellant has been sentenced to undergo rigorous imprisonment for life. A fine of Rs. 1000 has been imposed. In default of payment of fine, the appellant has been sentenced to undergo further rigorous imprisonment for 6 months.1. In this case the appellant is alleged to have committed double murder of his own mother and sister aged 7 years. Two questions one factual and the other legal are involved in the appeal. The factual question is whether the prosecution has been able to prove its case beyond reasonable doubt. If it is held that the appellant is guilty of the commission of the murders, the important and significant question of law which arises in the appeal is whether the case in hand falls under the category of rarest of rare case warranting imposition of maximum penalty of death.Coming to the first...
Dina Bawri Vs. State of Assam
Court: Guwahati
Decided on: May-08-2000
N.C. Jain, J.This appeal has been filet! by the appellant against the judgment of the learned Sessions Judge, Jorhat, convicting him under section 302 of the Indian Penal Code. On conviction, the appellant has been sentenced to undergo rigorous imprisonment for life. A fine of Rs. 1000 has been imposed. In default of payment of fine, the appellant has been sentenced to undergo further rigorous imprisonment for 6 months.1. In this case the appellant is alleged to have committed double murder of his own mother and sister aged 7 years. Two questions one factual and the other legal are involved in the appeal. The factual question is whether the prosecution has been able to prove its case beyond reasonable doubt. If it is held that the appellant is guilty of the commission of the murders, the important and significant question of law which arises in the appeal is whether the case in hand falls under the category of rarest of rare case warranting imposition of maximum penalty of death.Coming...
Abdul Kasem Vs. State of Assam
Court: Guwahati
Decided on: May-07-2000
D. Biswas, J. 1. On conclusion of trial in Sessions Case No. 25/97 the learned Sessions Judge, Morigaon convicted the appellant Abdul Kasem under section 302 IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 1,000, in default, to undergo R.I. for a further period of one month. Being aggrieved thereby, the appellant has preferred this appeal on various grounds mentioned in the Memorandum of Appeal. 2. Before we deal with the factual aspect of the matter in the light of the submission made by Mr. HRA Choudhury, learned senior counsel for the appellant, we would like to clear the facts which culminatedin the conviction of the appellant. 3. An FIR was lodged by Md. Ismail Hussain on 8.12.1994 at 9 P.M. before the Officer-in-Charge of Bhuragaon Police Out-post alleging that on the previous night someone haced Md. Sohrab Ali to death with weapons and his body was thrown into the wheat cultivation of Abdul Barik of Falihamari farm. It is stated in the FIR that the dec...
New India Assurance Co. Ltd. Vs. Sanjit Kumar and anr.
Court: Guwahati
Decided on: May-04-2000
J.N. Sarma, J. 1. This appeal Under Section 30 of the Workmen's Compensation Act, 1923 has been filed challenging the legality and validity of the judgment and award dated March 9, 1998 passed in W.C. Case No. 82/1997 by the Commissioner, Workmen's Compensation. Nagaon. It is not necessary to go into the facts of this case. The only argument advanced in this case is that Issue No. 4 was decided by the Commissioner wrongly and in violation of Section 4(1)(c)(ii) of the Workmen's Compensation Act, 1923. The finding of the learned Commissioner in Issue No. 4 is quoted below: 'Issue No. 4: This is a case of personal injuries and as per law under the Workmen's Compensation Act, the claimant petitioner is entitled to Compensation under the following head: Although no amputation was done on the part of injuries complete and permanent uses of that limb deemed to be equivalent to the loss of that limb or member. As the medical report is silent about the percentage of loss of earning capacity o...
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