Guwahati Court June 2002 Judgments

Shyam Kanti Sinha Vs. State of Assam

Court: Guwahati

D. Biswas, J. 1. On conclusion of Trial in Sessions Case No. 41/99, the. Additional Sessions Judge, Cachar at Silchar by the Judgment dated 15.10.2001 convicted the Appellant Shyam Kanti Sinha under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rupees One thousand, in default further rigorous imprisonment for 6 (six) months. 2. We have heard Shri J.M. Choudhury, learned Senior Counsel for the appellant and Mr. N. Mohammad, learned Public Prosecutor for the State of Assam. At the very beginning, Shri Choudhury in all fairness submitted that involvement of the appellant in this case is not being disputed, but according to him the evidence on record make out a case under Section 304 Part-II and not under Section 302 of Indian Penal Code. 3. The complainant, Shri Dhaneswar Sinha lodged the First Information Report on 15.3.98 before the police alleging that on 14.3.98, in the premises of 1005 Chengkuri Primary School, the appel...

Mon Bharan Hazam Vs. Ratiram Gore

Court: Guwahati

A.H. Saikia, J. 1. I have heard Mr. S.S. Sarma, learned counsel for the appellant. None appears on behalf of the Respondents despite notice. 2. This Second Appeal has been directed against the impugned Judgment and decree dated 30.4.1996 (decree signed on 22.5.1996) passed by the then learned Assistant District Judge, Tinsukia dismissing the T.A. No. 12/93 preferred by the plaintiff/appellant challenging the judgment and decree dated 29.3.1996 rendered by the then learned Munsiff No. 1, Tinsukia dismissing Title Suit No. 1/90. 3. Admittedly this appeal is against concurrent findings of the courts below. Arguing this Second Appeal mainly on the following substantial question of law. 'Whether the finding of the learned appellate Court to the effect that the suit filed on 8.1.1990 for alleged dis-possession of the plaintiff/appellant in the last week of August, 1975 was time barred as per provision of section 64 of the Limitation Act (for short the 'Act'), is perverse and illegal wh...

Mendi Ram Boro Vs. State (Cbi)

Court: Guwahati

P.C. Phukan, J.1. This is an appeal preferred against the judgment and order dated 10-6-1995 passed by the learned Special Judge. Assam, Guwahati in Special Case No. 11 of 1987 convicting the accused appellant Medhi Ram Boro under Sections 120-B/409/477-A/468, IPC and Section 5(1) read with Section 5(1)(c) of the Prevention of Corruption Act, 1947 and sentencing him to one year's R.I. and also to pay a fine of Rs. 250/- in default, to further 1 month's Rule 1 under each count of the charge except under Section 120-B, IPC.2. I have heard Mr. S. Medhi, learned counsel for the appellant and Mr. D. Das, learned Special Public Prosecutor, CBI assisted by Mr. L. N. Upadhaya, learned counsel.3. The prosecution case in brief is that the accused No. 1 Shyam Lal Sharma was serving as SDO, Phones and accused No. 2 Mehi Ram Boro the present accused appellant was Office Assistant (clerk-cum-cash-ier) in the office of the SDO, Telephones, Panbazar, Guwahati in the year 1984. Rajeswar Singh and Sad...

Umesh Das and ors. Vs. State of Assam

Court: Guwahati

D. Biswas, J.1. This appeal is preferred against the judgment dated 26-4-2001 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 67(J-J) of 1996 convicting the appellants under Section 302 read with Section 34, I.P.C. and sentencing all the appellants to undergo imprisonment for life and to pay a fine of Rs. 500/- each, in default, to rigorous imprisonment for one month each. In addition, Dulai Das was also convicted and sentenced under Section 323, I.P.C. to rigorous imprisonment for 3 (three) months. We have heard Mr. A. Thakur, learned counsel for the appellants and also heard Mr. Noor Mahmmad, learned Public Prosecutor.2. On 13th February, 1995 an ejahar was lodged by Smti Tanu Dey. wife of the deceased Narayan Dey before the Officer-in-Charge, Mariani Police Station alleging inter alia that on 13-2-1995 at 10 a.m. the appellants-Umesh Das along with his sons namely, Jatin Das and Dula Das assaulted her husband Narayan Dey and their children including herself. As a ...

Mahabir Coke Industries Pvt. Ltd. Vs. Commissioner of Taxes and ors.

Court: Guwahati

N. Surjamani, J. 1. Heard Dr. A. K. Saraf, learned senior counsel, assisted by Mr. S. K. Agarwal, Mr. Debashish Barua & Mr. Saumitra Saikia, appearing for the appellant, and Mr. K. N. Choudhury, learned senior counsel, assisted by Ms. N. Moral, learned counsel, appearing for the respondents. 2. The Judgment and order dated 29.3.2000 passed by a learned Single Judge of this court in Civil Rule No. 569/1993 is the subject-matter under challenge in this writ appeal. 3. The writ petitioner/appellant herein questioned the validity of a notice dated 1.3.1993 issued by the Superintendent of Taxes, Jalukbari Check Post, Jalukbari, Guwahati and the order dated 28.3.1993 issued by the Assistant Commissioner of Taxes, Guwahati, coupled with a prayer for a directions to the respondents not to take any action pursuant to the aforesaid impugned notice and orders by contending, inter alia, that the products of the writ appellant is exempted from levy of sales-tax under the Sales Tax Act, 1947, (...

Dr. Atsase Thongtsar Vs. State of Nagaland and ors.

Court: Guwahati

B. Lamare, J. 1. Heard Mr. C.T. Jamir, learned counsel for the petitioner, Mr. I. Jamir, learned Addl. Advocate General for respondent No. 5 and Mr. R. Iralu, learned counsel for respondent No. 4. 2. By Advertisement No.2/2000-2001 dated 27th September, 2000 (Annexure-G to the writ petition), applications were invited by the Nagaland Public Service Commission (in short NPSC) for 6{six) posts of Extra Assistant Commissioner (Class-I) Senior grade, 4(four) posts of Deputy Superintendent, of Police (Class-I Gazetted) Junior grade, and 5 (three) posts of District Relation Officer/Information Officer, (Class-11 Gazetted) amongst other posts made in the advertisement. The qualifications required for item Nos. 1, 2 and 6 are as follows :- 'Item Nos. 1 and 2 : Degree in Arts/Science/Commerce/ Agriculture/ Engineering/Medicine/Home Science/Physical Education/Vety. Science/ Divinity/Agriculture Engineering/ Applied Geology and Applied Geophysics or its equivalent qualification of a recognis...

Commissioner of Income-tax Vs. Banda; Plantations and Industries Ltd.

Court: Guwahati

J.N. Sarma, J. 1. This appeal has been filed by the Revenue under Section 260A of the Income-tax Act, 1961 against the order dated 20.2.2001 passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati in ITA No. 228(Gau) of 1993 for the Assessment year 1989-90.2. The following are the substantial questions of law :- (i) Whether on the facts and in the circumstances of the case, the Tribunal was justified and correct in law in upholding the order of the first appellate authority in allowing the contingent liability as an expenditure and is not the said decision perverse ?(ii) Whether on the facts and in the circumstances of the case, the Tribunal was justified and correct in law in upholding the order of the first appellate authority in deleting the addition of contingent liability for the purpose of computation of book profit which was added back as per provisions of clause (c) of the Explanation to Section 115JA ?(iii) Whether on the facts and in the circumstances of the ca...

Commissioner of Income-tax Vs. Banda Plantations and Industries Ltd.

Court: Guwahati

Reported in: [2002]257ITR694(Gauhati)

J.N. Sarma, J. 1. This appeal has been filed by the Revenue under Section 260A of the Income-tax Act, 1961 against the order dated 20.2.2001 passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati in ITA No. 228(Gau) of 1993 for the Assessment year 1989-90.2. The following are the substantial questions of law :-(i) Whether on the facts and in the circumstances of the case, the Tribunal was justified and correct in law in upholding the order of the first appellate authority in allowing the contingent liability as an expenditure and is not the said decision perverse ?(ii) Whether on the facts and in the circumstances of the case, the Tribunal was justified and correct in law in upholding the order of the first appellate authority in deleting the addition of contingent liability for the purpose of computation of book profit which was added back as per provisions of clause (c) of the Explanation to Section 115JA ?(iii) Whether on the facts and in the circumstances of the case,...

Nripen Konwar Vs. State of Assam

Court: Guwahati

D. Biswas, J.1. This appeal is directed against the judgment dated 10.8.1998 passed by the learned Sessions Judge, Kamrup at Guwahati in Sessions Case No. 5(K)/97. The learned Sessions Judge by the judgment under appeal has convicted the accused-appellant under Section 376/302 IPC and sentenced him to 7 years R.I. and to pay a fine of Rs. 1,000, in default, to R.I. for one month under Section 376 IPC and to imprisonment for life and to pay a fine of Rs. 1,000, in default, R.I. for one month under Section 302 IPC.2. Being aggrieved thereby, this appeal has been preferred on the grounds stated in the Memorandum of Appeal.3. We have heard Smt. Rita Das Mazumdar, learned Advocate for the appellant (Amicus curiae) and also Mr. P Bora, learned Public Prosecutor.4. The law of investigation was set on motion on receipt of an ejahar submitted by Sri Hari Konwar, brother of the deceased Sewali Konwar on 2.5.1996 before the Officer-in-Charge, Kamalpur Police Station alleging that his sister has ...