Guwahati Court January 2003 Judgments
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R.K. Gyankishore Singh Vs. Assistant Commissioner of Income-tax and In ...
Court: Guwahati
Decided on: Jan-31-2003
Ranjan Gogoi, J. 1. As the question arising for determination in both the cases are identical, they were taken up for consideration together' and are being disposed of by this common judgment and order.2. The petitioner, in both the cases, who is the proprietor of Manipur Electricals, a small scale industrial unit, submitted returns under Section 139 of the Income-tax Act, 1961, (hereinafter referred to as 'the Act') for the assessment years 1991-92, 1992-93, 1993-94 and 1994-95. In each of the returns filed by the petitioner-assessee, deduction of different amounts was claimed on account of the said amounts being interest on the loan secured by the petitioner from the Manipur Industrial Development Corporation (MANIDCO) for setting up the industrial unit in question. In response to the said returns filed, the Assessing Officer sent intimations to the petitioner under Section 143(1)(a) of the Act regarding the total income and interest payable by the petitioner by disallowing the ded...
Durga Datta Sharma @ Durgalal Sharma Vs. State
Court: Guwahati
Decided on: Jan-31-2003
P.G. Agarwal, J.1. This common Order disposes of Cri. Revision Nos. 545/1996, 205/ 1998 and Cri. Revn. No. 192/1998 as all these revisions are directed against the order passed in Case No. 206C/85 of the Court of C. J. M., Kamrup, and presently pending as Special Case No. 5C/93 of the Court of Special Judge, Kamrup and the order dated 20.4.1996 has been challenged in the two revision petitions. As a matter of fact, the revision petitioners before us have prayed for quashing of the trial in the above cases.2. The facts, Case No. RC/3/80/CIU(C) dated 10th November, 1980 was registered by the Delhi Special Police Establishment. In the FIR it was alleged that during the year 1978-79 the accused persons had entered into a conspiracy for cheating the State Government including the Steel Authority of India Ltd., and for obtaining certain pecuniary benefits to the tune of Rs. 1,53,000. In the year 1985 charge sheet was submitted against 26-accused persons under Section 120B/420/467/477A, IPC ...
Registrar General and Census Commissioner of India and ors. Vs. Ratna ...
Court: Guwahati
Decided on: Jan-31-2003
P.G. Agarwal, J.1. These writ petitions are directed against a common order passed by the Central Administrative Tribunal, Guwahati Bench on 19.8.2002 in Original Application Nos. 2/2002, 62/2002, 68,2002, 69/2002, 70/2002 and 151/2002. 2. Upon haring the learned counsel for both sides all these writ petitions are disposed of by this order as common question of law and facts are involved. 3. The undisputed facts are that the respondents/petitioners before the Central Administrative Tribunal were all appointed in various posts for the purpose of Census Operation, which commenced in the year 1991. At the completion of Census Operation and oh discontinuation of sanction of such temporary posts, the services of the respondents were terminated with effect from 31.12.1993. 4. The respondents along with other retrenched employees thereafter moved the Central Administrative Tribunal in Original Application No. 269/93. The application was dismissed by order dated 5.6.1998 with the direction t...
Kalipada Deka and anr. Vs. Danpati Deka
Court: Guwahati
Decided on: Jan-30-2003
I.A. Ansari, J.1. This revision has arisen out of the order, dated 26-2-97, passed by the learned Munsiff No. 1, Nalbari, in Misc. (J) Case No. 34/95, arising out of TS No. 21/ 91.2. The case of the petitioners may, in brief, be stated as follows : The petitioners and the opposite party are brothers. The opposite party instituted the TS No. 21/91 aforementioned in the Court of the learned Munsif No. 1, Nalbari, seeking declaration of his exclusive title over the land described in the three schedules to the plaint and seeking khas possession, thereof by evicting the petitioners. The petitioners contested the suit as defendants. When the suit was pending, a sitting for settlement of the dispute between the parties was held, on 11-12-94, at the house of one Dona Ram Deka and the same was attended to by not only the parties to the said suit, but also by their co-villagers. The dispute was amicably resolved and the terms and conditions of the compromise/settlement so readied, were reduced ...
Muthiram Parambath Haridas Vs. State of Assam
Court: Guwahati
Decided on: Jan-30-2003
I.A. Ansari, J. 1. This revision is directed against the judgment and order, dated 14.7.1992 passed by the learned Sessions Judge Jorhat, in Crl. Appeal No. 26/91, dismissing the appeal and upholding thereby the judgment and order, dated 31.8.1991, passed by the learned Additional Chief Judicial Magistrate, Jorhat, in C.R. No. 348/88 convicting the accused-petitioner under Section 7 read with Section 17 of the Prevention of Food Adulteration Act and sentencing him to undergo RI for 6 months. 2. I have perused the materials on record. I have Mr. J.M. Choudhury, learned senior counsel appearing on behalf of the accused-petitioner, and Mr. P.C. Gayan, learned Addl. PP. 3. Upon perusal of the materials on record including the impugned judgment, I do not notice that the findings of guilt reached by the learned trial court suffer from any error. This apart, the impugned judgment cannot be said to be suffering from any infirmity of law. 4. In fact, at the time of hearing, nothing has been p...
Kanti Karmakar Vs. Union of India (Uoi) and anr.
Court: Guwahati
Decided on: Jan-30-2003
H.K.K. Singh, J. 1. The petitioner while serving as a Constable in the Central Industrial Security Force (hereinafter referred to as 'CISF'), a departmental proceedings was held and on inquiry, the charge was found proved.Accordingly, the disciplinary authority under order dated 27.12.1993 imposed the penalty of removal from service. The appeal filed by the petitioner having been rejected, the petitioner approached this High Court by filing Writ Petition which was registered as Civil Rule No. 434 of 1994 and under order dated 13.8.1998, the penalty of removal from service was set aside and the respondents were directed to reinstate the petitioner in service and again to impose punishment in accordance with the Rules other than the penalty of removal from service. Against the aforesaid order of the learned Single Judge, Union of India, filed an appeal being Writ Appeal No. 101 of 1998 and the Division Bench under Judgment and Order dated 13.8.1999 set aside the order of setting aside ...
R.K. Manikanta Singh Vs. K. Ibotombi Singh and ors.
Court: Guwahati
Decided on: Jan-29-2003
Ranjan Gogoi, J. 1. The Judgment and Order dated 28.6.2000 passed by the learned single Judge allowing the writ petition filed by the principal respondents in the appeal and setting aside the impugned order dated 6.7.1999 passed in favour of the writ appellant relaxing the stipulation with regard to requisite length of service in the post of Superintending Engineer for promotion to the post of Additional Chief Engineer, under the relevant Recruitment Rules in force, is the subject of appeal in the present proceedings. 2. We have heard Mr. R.K. Manikanta Singh, the appellant in person. We have also heard Mr. M. Koteswar Singh, learned counsel appearing for the principal respondents and Mr. H.N.K. Singh, learned Advocate General, Manipur. 3. Though the Misc. application, i.e., CM application No. 47/2000 praying for stay of the order dated 28.6.2000, impugned in the appeal, was posted for consideration, as elaborate arguments have been advanced by the rival parties touching upon the mer...
Maisnam Irabot Singh Vs. State of Manipur and ors.
Court: Guwahati
Decided on: Jan-29-2003
Ranjan Gogoi, J. 1. This Writ Appeal, at the instance of the writ petitioners, seeks to assail the validity of the order dated 17.3.1997 passed by the learned single Judge rejecting the writ application filed and refusing to interfere with the order impugned in the writ proceedings. 2. The facts in brief may be noted at the outset. The writ petition giving rise to the present writ appeal had been originally filed by one Maisnam Ibomcha Singh in a representative capacity on behalf of the villagers of Thangtek Village. On his death, the present appellants were substituted, such substitution having been allowed by this court by order dated 20.1.1984. By an order dated 27th November, 1978 (Annexure-A/8 to the writ petition) an area of land measuring 14.05 acres covered by C. S. Dag No. 1 and 52 of Village No. 90 Thangtek was divested from the village grazing ground and thereafter, in exercise of power conferred by Section 14(2) of the Manipur Land Revenue and Land Reforms Act, 1960 (here...
Naorem Ningol Binashakhi Devi and ors. Vs. Yendrebam Ningol Mayanglamb ...
Court: Guwahati
Decided on: Jan-28-2003
Ranjan Gogoi, J. 1. Both the Second Appeals having raised common questions of law and being directed against the common Judgment and Decree dated 30.6.1997 passed by the learned Addl. District Judge, Manipur West, Imphal in Civil Appeal No. 13/96 and Civil Appeal No. 14/1996, are being taken up for consideration together and being disposed of by this common judgment and order. 2. The respondents in both the present Second Appeals as plaintiffs instituted Original Suit No. 21 of 1987:9/91:54/91 in the court of the learned Civil Judge (Senior Divn.) Manipur West praying for declaration of their right title and interest over the suit land, for permanent injunction and also for cancellation of the names of the dependant No. 1 in the suit and her late husband Angou Singh from the record of the rights. Subsequently, the Appellants in the present Second Appeals as Plaintiffs, instituted another Suit being Original Suit No. 42/90:47/91:60/91 in the same court for partition of the suit proper...
Rakesh Kr. Singh Vs. State of Assam
Court: Guwahati
Decided on: Jan-28-2003
P.G. Agarwal, J.1. This criminal appeal is directed against the judgment and order dated 10.10.2001 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 66(J-J)/97, whereby the appellant accused Rakesh Kr. Singh was convicted under Section 302 IPC and sentenced to imprisonment for life and pay a fine of Rs. 1000, in default to further imprisonment for three months.2. The facts of the present appeal are that the present appellant-accused Rakesh Kr. Singh is an Inspector of Custom & Central Excise. He had married Julie Singh (Barthakur) on 3rd July, 1995. On 27.9.1996 her dead body was found in burnt condition and an FIR being lodged, police took up the investigation. The dead body was sent for postmortem examination after a request was made by Mr. J.B. Ekka, Executive Magistrate. PW 7 is Dr. Narayan Bordoloi who held the autopsy and found the following injuries :'Dead body of a healthy female. Extensive superficial burns seen over the whole body except a portion in the but...
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