Guwahati Court February 2001 Judgments

Pradip Kumar Das Vs. State of Tripura and ors.

Court: Guwahati

1. Heard Mr. P. Roy Barman, learned counsel for petitioner. Also heard Mr. U.B. Saha, learned senior Govt. Advocate, assisted by Mr. J. Majumdar, learned counsel the respondents.2. By this writ petition under Article 226 of the Constitution of India, the petitioner challenged the Memo. Bearing No. F.4.(1-2989)-DSE/2000 dated 3.1.2001. (Annexure-E) and also the Memo. Bearing No. F.4(1-2989)-DSE/2000 dated 1.2.2001 (Annexure-G) by which the petitioner had been denied his right to be supplied with the copies of documents relied upon by the prosecution to substantiate the charges.3. The case, in short, is that the petitioner has been served with a Memorandum of Charges dated 18.11.2000 under Rule 16(1)(b) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as 'CCS(CCA) Rules, 1965') to face departmental proceeding. The said Memorandum of Charges contains the imputation of misconduct with particulars, list of documents to be relied upon a...

Sumitra Bala Roy Vs. State of Assam and ors.

Court: Guwahati

1. Heard Mr. B Sarma, learned counsel for petitioner and Mr. D Goswami, learned GA for respondents. 1, 2 and 3. None appears for respondents No. 4. Though in this case Rule was issued as far back as on 17.7.98, till today no affidavit-in-opposition has been filed on behalf of respondents 1, 2, 3, 5, 6 & 7 affidavit-in-opposition also has been filed on behalf of respondent No. 4. This matter relates to grant of family pension, ex-gratia, and also special family pension etc. to the petitioner for the death of her husband in extremist violence. The husband of the petitioner was one late Ayan Chandra Roy, ABSI and he was posted in the Out post Serfanguri for law and order duty. On 11.1.89 at 8 p.m. I/C Serfanguri Out Post SI Atul Konwar received information that in an Ambassador Car that some youths extremists with arms and ammunition are moving Gossaigaon side towards Bongaigaon side. I/C Serfanguri Outpost long with section of police personnel including the husbandof the petitioner...

Sumitra Bala Roy Vs. State of Assam and ors.

Court: Guwahati

1. Heard Mr. B Sarma, learned counsel for petitioner and Mr. D Goswami, learned GA for respondents. 1, 2 and 3. None appears for respondents No. 4. Though in this case Rule was issued as far back as on 17.7.98, till today no affidavit-in-opposition has been filed on behalf of respondents 1, 2, 3, 5, 6 & 7 affidavit-in-opposition also has been filed on behalf of respondent No. 4. This matter relates to grant of family pension, ex-gratia, and also special family pension etc. to the petitioner for the death of her husband in extremist violence. The husband of the petitioner was one late Ayan Chandra Roy, ABSI and he was posted in the Out post Serfanguri for law and order duty. On 11.1.89 at 8 p.m. I/C Serfanguri Out Post SI Atul Konwar received information that in an Ambassador Car that some youths extremists with arms and ammunition are moving Gossaigaon side towards Bongaigaon side. I/C Serfanguri Outpost long with section of police personnel including the husbandof the petitioner came ...

Pradip Kumar Das Vs. State of Tripura and ors.

Court: Guwahati

ORDER1. Heard Mr. P. Roy Barman, learned counsel for petitioner. Also heard Mr. U.B. Saha, learned senior Govt. Advocate, assisted by Mr. J. Majumdar, learned counsel the respondents.2. By this writ petition under Article 226 of the Constitution of India, the petitioner challenged the Memo. Bearing No. F.4.(1-2989)-DSE/2000 dated 3.1.2001. (Annexure-E) and also the Memo. Bearing No. F.4(1-2989)-DSE/2000 dated 1.2.2001 (Annexure-G) by which the petitioner had been denied his right to be supplied with the copies of documents relied upon by the prosecution to substantiate the charges.3. The case, in short, is that the petitioner has been served with a Memorandum of Charges dated 18.11.2000 under Rule 16(1)(b) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as 'CCS(CCA) Rules, 1965') to face departmental proceeding. The said Memorandum of Charges contains the imputation of misconduct with particulars, list of documents to be relied up...

Divisional Manager, Oriental Insurance Co. Ltd. Vs. Member, Motor Acci ...

Court: Guwahati

H.K. Sema, J.1. This revision petition arises out of M.A.C. No. 10 (K) of 1999.2. We have heard Mr. B.N. Sarma, the learned Counsel for the revisionist as well as Mr. A. Roy, learned Counsel for the respondents/opposite parties.3. This revision petition has been filed by the insurance company against order dated 26.3.1999 passed by the learned Tribunal in M.A.C. No. 55 of 1996 thereby rejecting the application filed by the insurance company under Section 170 of the Motor Vehicles Act. According to the learned Tribunal, since the opposite party was represented by one Mr. P.B. Paul, the application filed by the insurance company was not maintainable.4. A specific averment has been made by the revisionist in para 3 of the petition that Mr. P.B. Paul, Advocate appeared on behalf of the owner of the vehicle only on 14.12.1998 and the Counsel neither cross-examined the witnesses produced by the claimant nor filed any written statement. In that view of the matter, it cannot be said that the ...

Mukta Biri Factory Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT Guwahati

1. The first four issues in this appeal filed by the assessee relate to partial sustenance of disallowances out of certain items of expenses.2. The assessee-firm is the owner of several Biri factories at different places. In the assessment order, the AO disallowed an amount of Rs. 10,000 out of travelling expenses at Tinsukia claimed at Rs. 31,644 on ground of inclusion of personal expenses relating to the air tickets of wife of one of the partners and some other persons unconnected with the business of the assessee-firm. The CIT(A) reduced the said disallowance to Rs. 5,000. On the facts of the case, we uphold the order of the CIT(A).3. The AO also disallowed an amount of Rs. 8,000 out of telephone charges claimed at Tinsukia and Rs. 6,000 out of similar telephone charges claimed at Calcutta on the ground of personal user of the telephone. The CIT(A) allowed relief of Rs. 3,000 out of each of the expenses items. Although he states that he restricted the disallowance in respect of the...

Mukta Biri Factory Vs. Asstt. Cit

Court: Income Tax Appellate Tribunal ITAT Guwahati

The first four issues in this appeal filed by the assessee relate to partial sustenance of disallowances out of certain items of expenses.The assessee-firm is the owner of several Biri factories at different places. In the assessment order, the assessing officer disallowed an amount of Rs. 10,000 out of travelling expenses at Tinsukia claimed at Rs. 31,644 on ground of inclusion of personal expenses relating to the air tickets of wife of one of the partners and some other persons unconnected with the business of the assessee-firm. The Commissioner (Appeals) reduced the said disallowance to Rs. 5,000. On the facts of the case, we uphold the order of the Commissioner (Appeals).The assessing officer also disallowed an amount of Rs. 8,000 out of telephone charges claimed at Tinsukia and Rs. 6,000 out of similar telephone charges claimed at Calcutta on the ground of personal user of the telephone. The Commissioner (Appeals) allowed relief of Rs. 3,000 out of each of the expenses items. Alt...

Moni Gogi @ Khagen Gogoi Vs. State of Assam

Court: Guwahati

Reported in: 2001CriLJ2314

1. The appellant Sri Moni Gogol @ Khagen Gogol was tried by the learned Sessions Judge, Dibrugarh in sessions Case No. 115/96 under section 302 IPC for causing death of Sri Phanidhar Saikia and Khargeswar Saikia, two brothers. On conclusion of trial, the learned Sessions Judge convicted the appellant u/s 302 IPC and sentenced him to rigorous imprisonment for life and to pay a fine of Rs. 2000, in default, to rigorous imprisonment for a further period of three months. Being aggrieved thereby, the appellant has preferred this appeal.2. The prosecution case is that on 20.11.1994 Phani Saikia and Khargeswar Saikia, brothers of the informant had gone to the house of the appellant to hold a discussion over a dispute and the appellant caused their death by assaulting them with a dao.3. The police on receipt of the ejahar lodged by PW-1 Sri Tulon Saikia registered a case and on conclusion of investigation submitted chargesheet u/s 302 IPC.4. Before the learned Sessions Judge, 13 witnesses wer...

Ghulam Rabbani Vs. State of Assam

Court: Guwahati

Reported in: 2001CriLJ2331

1. The revisionist, at the relevant time, was working as Branch Manager under the Assam State Warehousing Corporation (in short "the Corporation), at Raha. A police case being G.R. No. 761/85 u/s 120B/477(A)/420/109 of the Indian Penal Code has been registered against the revisionist proceeded by a complaint filed by the Managing Director of the Corporation dated 21.03.85 stating, inter alia, that with the purpose of making wrongful gain to himself the revisionist along with other accused entered into criminal conspiracy by fraudulently manipulating the Corporation's records and documents in issuing warehouse receipts showing shortage of warehouse items worth of Rs.76,08.527 against the Corporation's Godown at Raha whereas the actual shortage of goods worth only Rs. 7,20,518. It is further stated that in order to cause wrongful loss to the Corporation and wrongful gain to himself he obtained Bank loans pleading the above warehouse receipt with the Bank during the period from January, 1...

Ghulam Rabbani Vs. State of Assam

Court: Guwahati

Reported in: 2001CriLJ2331

1. The revisionist, at the relevant time, was working as Branch Manager under the Assam State Warehousing Corporation (in short 'the Corporation), at Raha. A police case being G.R. No. 761/85 u/s 120B/477(A)/420/109 of the Indian Penal Code has been registered against the revisionist proceeded by a complaint filed by the Managing Director of the Corporation dated 21.03.85 stating,inter alia, that with the purpose of making wrongful gain to himself the revisionist along with other accused entered into criminal conspiracy by fraudulently manipulating the Corporation's records and documents in issuing warehouse receipts showing shortage of warehouse items worth of Rs.76,08.527 against the Corporation's Godown at Raha whereas the actual shortage of goods worth only Rs. 7,20,518. It is further stated that in order to cause wrongful loss to the Corporation and wrongful gain to himself he obtained Bank loans pleading the above warehouse receipt with the Bank during the period from January, 19...