Guwahati Court July 2001 Judgments

Nripendra Das Vs. State of Assam

Court: Guwahati

A.H. Saikia, J. 1. The appellant before us was convicted under Section 302 IPC by the learned Sessions Judge Cachar at Silchar by the impugned judgment and order dated 31.3.1998 in Sessions Case No. 27/1997 and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000 and in default-to pay fine, further rigorous imprisonment for four years. The judgment and order dated 31.3.1998 is under challenged in this Criminal Appeal. 2. The prosecution case as contained in the FIR, Ext.2 and emerged from the statements of eye witnesses i.e. P.W-1 and 2, in brief, is that on 17.8.1994 at about 5 P.M. when Subal Das, the younger brother of petitioner 5, Sri Sajal Das was on his way back home after watching football match, the two accused persons namely. Sri Subhas Das son of late Pangoi Ram Das and Sri Nripendra Das (present appellant) son of Sri Sushi Mohan Das detained Subal Das on the way. The appellant caught hold of the deceased and the accused Subhas Das stabbed the deceased ...

Birendra Chandra Sarmah Vs. State of Assam and anr.

Court: Guwahati

D. Biswas, J. 1. The common questions involved in both the writ petitions is whether an appointee under Regulation 3(1) of the Assam Public Service Commission (Limitation of Functions) Regulations, 1951 regularised subsequently is entitled to computation of seniority with effect from the date of initial appointment. 2. The petitioner Shri Birendra Chandra Sarmah in Civil Rule No. 2180 of 1994 submitted an application for appointment to the post of Project Manager in pursuance of an advertisement published inviting applications under Regulation 3(1) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951 in the year 1984. The petitioner was called for interview and after selection was appointed as Project Manager under Regulation 3(f). The petitioner joined the post on 31.3.1985. On 26.8.1993 the Assam Public Service Commission, for short the Commission, published an advertisement for regular appointment and the petitioner applied and was interviewed. On sel...

Rajesh Basfor Vs. Tura Town High School and ors.

Court: Guwahati

N.S. Singh, J. 1. In this writ petition, the petitioner Sri Rajesh Basfor questioned the validity and propriety of the impugned orders dated 19.6.1995 and 4.7.1995 as in Annexures C&D; respectively to the writ petition issued by the Secretary Tura Town High School, Tura informing the petitioner that unless the post of Cleaner/Sweeper of the School concerned is renewed by the Government under the regular scale of pay, the school cannot pay the petitioner more than Rs. 1,100 only with effect from 1.3.1995 by contending inter alia, that the petitioner was initially appointed as a Cleaner/Sweeper in the government aided Tura Town High School, Tura West Garo Hills, Meghalaya hereinafter referred to as Tura High School on purely temporary basis in the scale of pay of Rs. 300-5-330-6-390-7-425 per month plus other allowances as admissible under the rules of Aided-Deflcit High Schools with a probation period of one year which may be extended to one year more if necessary vide, related order ...

Commissioner of Income-tax Vs. Prahlad Rai Todi

Court: Guwahati

J.N. Sarma. J. 1. The question of law referred is as follows : 'Whether on the facts and in the circumstances of the case, the Tribunal has erred in law and in facts to recall its final order with a view to rectify the same under Section 254(2)?' 2. The brief facts of the case are as follows: 3. That the proceedings under Section 34(l)(a) of the I.T. Act, 1922, for the assessment years 1953-54 and 1954-55 were initiated by the Assessing Officer and reassessment was completed by the A.O. accordingly. 4. Being aggrieved by the reassessment made under Section 34(l)(a) of the IT Act, 1922. the assessee went up in appeal before the CIT (Appeals), Guwahati. The CIT (Appeals) cancelled the aforesaid proceedings for both the assessment years under reference. 5. Being aggrieved, the Revenue came up in appeal before the Tribunal. The Tribunal noticed that the notices under Section 34(l)(a) of the IT Act, 1922, for the aforesaid assessment years were challenged by the assessee before the ...

Abdul Haque Mazumdar Vs. State of Assam

Court: Guwahati

R.S. Mongia, C.J. (Acting) 1. We had allowed the appeal of the appellant and had acquitted him out had observed that the reasons therefor would be recorded lateron. We proceed to record reasons. 2. Abdul Haque Mazumdar was convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000, in default to suffer rigorous imprisonment for two years more by Sessions Judge, Hailakandi vide judgment dated September 24, 1998 after recording a finding that he had murdered his wife Mst. Anowar Begum. The conviction was recorded on circumstantial evidence, namely, (1) the deceased was found lying dead in the living room of the house where the accused (husband of the deceased) also used to stay (ii) PW 2, PW 3, and PW 4, namely, Kazi Jamal Uddin, Jalal Uddin and Kaji Nasir Uddin had allegedly heard cry of the deceased and they had seen the accused escaping from the room; (iii) the weapon of offence, i.e. Bati Dao (a knife...

Tobi Nomuk Vs. State of Arunachal Pradesh

Court: Guwahati

1. By this application under Article 226 of the Constitution the petitioner prays for quashing the order dated 1.3.2001 (Annexure-11) terminating her services as Laboratory Attendant in the Medical Department under the Government of Arunachal Pradesh. 2. I have heard Mr. G. Ete, learned counsel for the petitioner and Mr. N.N. Saika, learned Advocate General, AP appearing for the State respondents. 1 have also considered the records of the case. 3. The facts not in dispute may be briefly stated as follows. The petitioner was first appointed as un-skilled contingency staff for a period of six months w.e.f. 1.4.1990 to 30.9.1990 vide Government order dated 26.4.1990 (Annexure-1). The period was extended from time to time by issuing orders (Annexures-2A, 2B, 2C). Thereafter, by an order dated 30.5.1994 (Annexure-3) she was appointed as Laboratory Attendant on ad-hoc basis in the Medical Department. One of the conditions is that her appointment can be terminated giving one month's notice....

Ram Bilash Vs. Union of India (Uoi) and ors.

Court: Guwahati

D. Biswas, J.1. This petition is for issue of a writ of mandamus for appointment of the writ petitioner as General Duty Constable in the office of the Commandant Group Centre, S.S.B., Tezu, Arunachal Pradesh.2. I have heard Mr. S. C. Biswas, the learned counsel for the writ petitioner and also Mr. K.K. Mahanta, the learned Sr. CGSC for the Union of India.3. In December, 1993, a Circular was issued by the respondents for recruitment to the aforesaid posts. The petitioner appeared in the interview and was selected. He also qualified in the physical test held on 26.12.1993. The Permanent Residential Certificate (PRC) submitted by the petitioner was also confirmed by the Deputy Commissioner, Sonitpur at Tezpur as genuine. The Deputy Commissioner, Sonitpur in his letter dated 21st December, 1994 (Annexure-IV) reported that the matter was enquired through the Circle Officer (Revenue) and found that Shri Ram Bilash, the petitioner, is a resident of village Solagaon under Tezpur Police Statio...

Hasenara Begum Vs. Fazar Ali

Court: Guwahati

1. By this petition under section 397/401 of the Criminal Procedure Code, the petitioner assailed the impugned order dated 31.1.1998 passed by the learned Session Judge, West Tripura, Agartala in Criminal Revision No. 28(4) 1996 filed by the respondent herein against the order dated 7.8.1996 passed by the learned Judicial Magistrate, 1st Class, Sonamura. West Triprua, in Misc. Case No. 30 of 1995. 2. The petitioner being the married wife of the respondent filed a maintenance petition under Section 125 Cr.P.C. before the learnedJudicial Magistrate, 1st Class, Sonamura, West Triprua in Misc. Case No. 30 of 1995. The husband respondent contested the maintenance petition contending, inter alia, that during the pendency of the case the husband respondent divorced the wife petitioner and, as such, in view of the related provision of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the maintenance petition under Section 125 Cr.P.C. Is not maintainable. The learned Magistrate he...

Deputy Commissioner of Vs. Transpower (P.) Ltd.

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (2002)80ITD1(Gau.)

1. Present appeals are filed by the Revenue against the order of CIT(A), dated 22nd September, 1994 for the assessment years 1987-88, 1988-1989 and 1990-1991.The grievance of Revenue was against treatment of interest on bank deposits as business income and thereby eligible for deduction under Sections 32AB, 80HH and 80-I of the Income-tax Act, 1961.The assessee is an Industrial Undertaking engaged in the manufacturing of electrical towers against the orders of Assam State Electricity Board (ASEB). During the course of its business for manufacturing of towers, it got advance payment from ASEB for execution of its orders.The assessee put part of the advances received from ASEB in Bank as fixed deposit for procuring bank guarantees against the same. Assessee also availed overdraft facilities from the Bank against such deposits.Assessment completed under Section 143(1) was set aside by CIT under Section 263, on the ground whether interest received from fixed deposit could be attributed an...

Dy. Cit Vs. Transpower (P) Ltd.

Court: Guwahati

R.C. Sharma, A.M.Present appeals are filed by the revenue against the order of Commissioner (Appeals), dated 22-9-1994, for the assessment years 1987-88, 1988-1989 and 1990-91.The grievance of revenue was against treatment of interest on bank deposits as business income and thereby eligible for deduction under sections 32AB, 80HH and 80I of the Income Tax Act, 1961.2. The assessee is an industrial undertaking engaged in the manufacturing of electrical towers against the orders of Assam State Electricity Board (hereinafter referred to as the ASEB). During the course of its business for manufacturing of towers, it got advance payment from ASEB for execution of its orders. The assessee put part of the advances received from ASEB in bank as fixed deposits for procuring bank guarantees against the same. Assessee also availed overdraft facilities from the bank against such deposits. Assessment completed under section 143(1) was set aside by Commissioner under section 263, on the ground whet...