Guwahati Court February 2001 Judgments

Moni Gogi @ Khagen Gogoi Vs. State of Assam

Court: Guwahati

Reported in: 2001CriLJ2314

D. Biswas, J. 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 andsentenced 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 w...

Commissioner of Income Tax Vs. Mintu Kalita

Court: Guwahati

The brief facts are as follows : The assessee filed his return for the assessment years 1980-81 and 1981-82 and the Income Tax Officer completed the assessment under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). Thereafter, the Income Tax Officer came to know that the firm Gouri Kanta Kalita & Co. had income from Hullar Rice Mill which was assessed in the hands of Shri Gouri Kanta Kalita in his individual capacity in the earlier years. In view of this, he completed the assessment of Gouri Kanta Kalita & Co. at nil and initiated proceedings under section 147(a) of the Act for the assessment years under reference and issued notice under section 148 of the Act.There was no response on the part of the assessee in respect of notice under section 148. The assessing officer issued notice under section 142(1) of the Act in response to which one Shri J.C. Chakravarty, an employee appeared. The assessing officer then completed the assessment. Before ...

JatIn Kalita Vs. Hindustan Paper Corporation Ltd. and ors.

Court: Guwahati

1. By a notice dated 14.12.2000, the Hindustan Paper Corporation Limited invited sealed tenders from experienced and financially sound parties for supply of Bamboo from Lower Assam by Rail through Rail points from and beyond Barpeta Road. In the said notice, it has been indicated that tender papers can be obtained from the office of the senior Manager (Forests). The petitioner's case in this writ petition is that he went to the office of the Senior Manager (Forests) for obtaining tender papers, but he came to know that under clause-4 of the detailed terms of the tender some documents were required to be furnished along with the technical bid and the technical bid without the said documents would be rejected. The petitioner therefore decided not to submit his tender as he did not satisfy the requirements of technical bid and did not have the documents in support of the technical bid and in particular the requirements in sub-clauses (i) and (iii) of the said clause 4 of the detailed te...

JatIn Kalita Vs. Hindustan Paper Corporation Ltd. and ors.

Court: Guwahati

1. By a notice dated 14.12.2000, the Hindustan Paper Corporation Limited invited sealed tenders from experienced and financially sound parties for supply of Bamboo from Lower Assam by Rail through Rail points from and beyond Barpeta Road. In the said notice, it has been indicated that tender papers can be obtained from the office of the senior Manager (Forests). The petitioner's case in this writ petition is that he went to the office of the Senior Manager (Forests) for obtaining tender papers, but he came to know that under clause-4 of the detailed terms of the tender some documents were required to be furnished along with the technical bid and the technical bid without the said documents would be rejected. The petitioner therefore decided not to submit his tender as he did not satisfy the requirements of technical bid and did not have the documents in support of the technical bid and in particular the requirements in sub-clauses (i) and (iii) of the said clause 4 of the detailed term...

Union of India (Uoi) and ors. Vs. Gurucharanjit Kaur

Court: Guwahati

H.K. Sema, J.1. Heard Dr. B.P. Todi, learned counsel for the writ petitioners and Mr. P.K. Tiwari, learned counsel for the Caveator-respondent. The Caveat is discharged.2. Factual matrix that emerged is that the petitioners were appointed as teachers in Kendriya Vidyalaya Sangathan at Tezpur on ad hoc basis from 1991. The appointment on ad hoc basis in favour of the petitioners carries stipulation that the appointment was purely on temporary basis for a period of six months or regular incumbent joins the post whichever is earlier. Despite the appointment for a period of six months expires, the petitioners continued in the post on ad hoc basis pursuant to the interim order dated 23.12.1994 obtained by the petitioners/respondent in Civil Rule No.5188/94. In the interregnum, an advertisement was issued calling applications for appointment on regular basis and pursuant to the aforesaid advertisement, petitioners also applied for the post and appeared in the written test conducted some tim...

State of Nagaland and anr. Vs. Chosayi

Court: Guwahati

H.K. Sema, J. 1. These two writ appeals has been directed against the common judgment and order dated 12.05.2000 passed by the learned Single Judge. By the aforesaid order the learned Single Judge disposed of the aforementioned two writ petitions namely, W.P.(C) No. 26(K)/ 99 and W.P.(C) No.27(K)/99. By the impugned judgment and order, the learned Single Judge directed the respondent Government torelease the balance amount against the work in question to the writ petitioners as early as possible at any date not later than 3 months from the date of receipt of the order. Hence, these writ appeals have been preferred by the state of Nagaland. 2. While issuing notice of motion, this Court by order dated 14.06.2000 suspended the payment to be made to the writ petitioners pursuant to the aforesaid judgment. It is because of this interim order, no payment has been made till date despite the direction issued by the learned Single Judge for making payment within three months from the date o...

State of Nagaland and anr. Vs. Chosayi

Court: Guwahati

H.K. Sema, J. 1. These two writ appeals has been directed against the common judgment and order dated 12.05.2000 passed by the learned Single Judge. By the aforesaid order the learned Single Judge disposed of the aforementioned two writ petitions namely, W.P.(C) No. 26(K)/ 99 and W.P.(C) No.27(K)/99. By the impugned judgment and order, the learned Single Judge directed the respondent Government torelease the balance amount against the work in question to the writ petitioners as early as possible at any date not later than 3 months from the date of receipt of the order. Hence, these writ appeals have been preferred by the state of Nagaland. 2. While issuing notice of motion, this Court by order dated 14.06.2000 suspended the payment to be made to the writ petitioners pursuant to the aforesaid judgment. It is because of this interim order, no payment has been made till date despite the direction issued by the learned Single Judge for making payment within three months from the date of re...

Ratna Paul and ors. Vs. Subhash Ranjan Paul and anr.

Court: Guwahati

Reported in: AIR2001Gau133

1. The granting of temporary injunction in favour of the Respondent/Plaintiff vide impugned order dated 26.9.2000 passed by the learned Civil Judge (Sr. Division) No. 2 at Cachar, Silchar in Misc. Case No. 29/2000 arising out of T. S. No. 43/2000 is the sole subject-matter of this Miscellaneous First Appeal.2. Needless to remind that injunction is a form of equitable relief and has to be adjusted in the aid of equity and justice to the facts and circumstances of each individual case. Granting of injunction being itself a discretionary matter, there is no straight jacket formula in the matter of granting or refusing temporary injunction. Depending on each case on its own facts, three cardinal principles governing grant of temporary injunction have been accepted, namely (i) a strong prima-facie case, (ii) the balance of convenience and (iii) irreparable loss and injury. Ordinarily in deciding a case for seeking temporary injunction the Court must be satisfied that (a) whether a strong pr...

Commissioner of Income-tax Vs. Assam Tribune

Court: Guwahati

N.C. Jain, C.J. 1. This appeal filed by the Commissioner of Income-tax in our considered view, deserves dismissal in limine in view of the ratio of law laid down by a Division Bench of this court in CIT v. Bharat Bamboo and Timber Suppliers . 2. It has been held in Bharat Bamboo and Timber Suppliers' case , that if the sales tax amount is paid after the close of the accounting year but before the due date for filing of the return of income, the assessee would be entitled to relief under Explanation 2 to Section 43B of the Income-tax Act, 1961, as has been inserted by the Finance Act, 1989, with retrospective effect from April 1, 1984. The contributions towards provident fund, etc., in the instant case have admittedly been paid before the filing of thereturn by the assessee. We are in respectful agreement with the view taken by this court in Bharat Bamboo and Timber Suppliers' case and, therefore, find no merit in the appeal. No substantial question of law is involved. 3. The appeal i...

Pachhunga University College and anr. Vs. North Eastern Hill Universit ...

Court: Guwahati

D. Biswas, J. 1. This petition has been filed by the Pachhunga University College Teachers' Association represented by its President for issue of a rule directing the North Eastern Hill University, for short NEHU, for preparation and publication of a common seniority list of all the teachers of the NEHU including the teachers of Pachhunga University College at Aizawl which has been taken over by the NEHU. 2. I have heard Mr. K.P. Pathak, the learned senior counsel for the petitioner Association and Mr. S. Sailo, the learned counsel for the respondents. 3. Shri Palhak, the learned senior counsel, submitted that the Pachhunga University College is a college taken over and maintained by the NEHU as provided in Section 2(e) of the North Eastern Hill University Act 1973 and as such, the teachers of the Pachhunga University College for short College have also acquired the status as the teachers of the NEHU. Therefore. Shri Pathak argued, the NEHU authority is bound to prepare and publish a...