Guwahati Court July 2003 Judgments
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Bhuban Nagar Primary Teacher Gathering Centre and ors. Vs. State of As ...
Court: Guwahati
Decided on: Jul-21-2003
Ranjan Gogoi, J.1. This representative action has been instituted on behalf of 23 number of L.P. School teachers who belong to the Bhuban Nagar Primary Teacher Gathering Centre, Fakiragram Circle in the district of Kokrajhar.2. The facts as may be necessary to unravel the controversy, may be stated as follows.A bill for payment of salary for the month of July, 2000, amounting to Rs. 1,55,345.00 was prepared by the Block Elementary Education Officer for the 23 petitioners. The said bill was passed by the Treasury Officer and Treasury Token No. 177 was issued against the said bill to one Habibur Rahman, the Centre Secretary who was authorised to receive payment of the bill. According to the petitioners, the authorised person went to the Bank to receive payment on 5.8.2000, when he was told that the bill was not received by the Bank from the Treasury. Enquiries in the office of the Treasury Officer were made and thereafter, a First Information Report was lodged by the Treasury Officer wi...
Sri Jnanananda Sharma Pathak Vs. Commissioner of Income-tax and anr.
Court: Guwahati
Decided on: Jul-21-2003
P.P. Naolekar, C. J. 1. The appeal was admitted on the following questions of law : 'Whether, on the facts and in the circumstances of the case, submission of the return under the amnesty scheme of 1985-86 without predepositing the tax, the assessee is entitled to get benefit of the amnesty scheme of 1985-86 ?'2. The brief facts which are necessary for adjudication of the question involved in this case are that a search was conducted by the Central Bureau of Investigation (CBI) at the residence of the assessee, the present appellant, on December 28, 1986, and a sum of Rs. 12,07,350 in cash and Rs. 8,25,000 in FDR were seized and attachment order was passed by the Central Bureau of Investigation. After the search, the assessee has filed a return of income on March 31, 1987. The other relatives of the assessee also submitted their returns. At the time of filing of the return, the assessee requested the taxing authority to treat the return to be filed under the amnesty scheme. It was st...
Pu. Zothansanga and anr. Vs. Vanladika and ors.
Court: Guwahati
Decided on: Jul-21-2003
P.P. Naolekar, C.J. 1. The writ petitioners, who are Respondent Nos. 1 to 5 in the present appeal, have filed the writ petition challenging the recommendation made by the Mizoram Public Service Commission, whereby the Respondent Nos. 5 and 6 in the writ petition, herein the appellants, have been shown at Serial Nos. 1 and 2 for posting and promotion on the post of Executive Engineer in Grade IV of the Mizoram Engineering Service under Public Works Department. 2. The facts of the case, in brief, are that admittedly the appellants and the respondents herein were holding the post of Sub Divisional Officer/Assistant Engineer in Mizoram Public Works Department. Their service conditions are governed by the Mizoram Engineering Service Rules, 1995. Under the relevant rules, the promotion to the post of Grade IV of Executive Engineer is to be effected from Grade V of Assistant Engineer/Sub Divisional Officer on the recommendation of the Mizoram Public Service Commission. The Commission has t...
Sumermal Baid Vs. State of Assam
Court: Guwahati
Decided on: Jul-18-2003
Amitava Roy, J. 1. By this revision petition, the petitioner has challenged the legality and validity of the judgment and order dated 10.7.1997 passed by the learned Sessions Judge, Kamrup, Gauhati in Crl. Appeal No. 7/96 dismissing the same and affirming the judgment and order dated 9.1.96 passed by the learned Chief Judicial Magistrate, Kamrup, Gauhati in Case No. 1246C/93 convicting the petitioner under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act') and sentencing him to suffer rigorous imprisonment for 6 months and to pay a fine of Rs. 2000 in default R.I. for 3 months.2. This court by order dated 14.8.97 admitted the revision petition and under the same order while suspending the impugned judgment dated 9.1.1996 passed in Case No. 1246C/93 granted bail to the petitioner.3. I have heard learned counsel Mr. Bhati, for the petitioner and the learned PP, Assam.4. The prosecution case in short is that on 21.9.1...
Asom Kumar Das Vs. Nilima Rajbongshi
Court: Guwahati
Decided on: Jul-18-2003
Amitava Roy, J. 1. This is an application under Section 482 CrPC for quashing the proceeding of CR Case No. 360/96 under Section 354/506 of the IPC pending in the Court of Judicial Magistrate, 2nd Class, Nalbari as well as orders passed therein. This Court vide order dated 5.6.1997 admitted the revision petition and had stayed further proceedings of other aforementioned complaint case.2. I have heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. P. Bhomik, for the petitioner. None appears for the opp. party. The ordersheet discloses that after Rule was issued, notice was duly addressed to the opp. party. Office note indicates that notice was served on the opp. party. In spite of the above, none has entered appearance on her behalf.3. The factual background, in short, leading to the filing of the case has to beset out to appreciate the contentions raised on behalf of the petitioner. The petitioner at the time of approaching this court was serving as Executive Engineer, ...
Mainul Islam Vs. Alimuddin
Court: Guwahati
Decided on: Jul-18-2003
S.K. Kar, J. 1. Head the learned lawyer for the petitioner.2. The petition is presented under Section 397 read with Section 482 of the Code of Criminal Procedure in order to challenge the order dated 27.5.2003, passed by the learned Chief Judicial Magistrate, Karimganj, in CR Case No. 900/2002 under Section 379 IPC.3. The petitioner, namely, Shri Mainul Islam has assailed the aforesaid order on the ground that in course of trial on consideration of the examination-in-chief of PWs charges under Section 448/323/427 of IPC were framed against the petitioner. The charges were read over and explained to the accused, to which he pleaded not guilty.4. The contention of the petitioner is that in view of the fact that the cognizance was initially taken up under Section 448/323/427 IPC, the Court ought to have decided the question of guilt on the basis of the same sections. But then, learned Court after proceeding with the matter again added Section 379, IPC without giving any opportunity to h...
Hari Shah and ors. Vs. Jagabandhu Paul and ors.
Court: Guwahati
Decided on: Jul-18-2003
P.G. Agarwal, J.1. Heard Mr. S. Ali, learned counsel for the petitioners and Mr. N. Chakraborty, learned counsel for the respondents.2. This revision is directed against the judgment and decree dated 18.8.1998 passed by the District Judge, Kamrup, Guwahati in Title Appeal No. 24/94 dismissing the appeal and upholding the judgment and decree dated 28.4.1994 passed in Title Suit No. 20/87 (T.S. 22/83) by the Civil Judge (Senior Divn) No. 2, Guwahati.3. The respondent plaintiff instituted T.S. No. 20/87 before the Civil Judge (Senior Division) No. 2, Guwahati praying for a decree for eviction and arrear rent in respect of the suit premises which is a Assam Type House having Holding No. 5 of War No. 19 of the Gauhati Municipal Corporation situated in Dewan Patty Road, Fancy Bazar, Guwahati, hereinafter referred as the suit premises.4. The case of the plaintiffs is that they are the legal heirs of Lal Mohan Paul and the suit premises belonged to them. It was rented out to the defendant No....
Pranab Kumar Baidya and ors. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-17-2003
I.A. Ansari, J. 1. By making this application under Article 226 of the Constitution of India, the petitioners, who claim themselves to be selected candidates for appointment in Grade III posts under the Deputy Commissioner's amalgamated establishment, Nagaon have approached this Court issuance of appropriate writ(s) setting aside and quashing the appointments of the respondents No. 3 to 6 and commanding the respondents to appoint the petitioners in the said posts. 2. In a nut-sell, the case of the petitioners runs as follows : In pursuance of the advertisement published by respondent No. 2, namely, Deputy Commissioner, Nagaon, in the month of January, 1999, the District Employment Exchange Officer, Nagaon, sponsored the names of the petitioners alongwith others for regular selection to the posts of Grade III in accordance with the provisions of Assam Ministerial Establishment Services Rule, 1967. The petitioners appeared in the selection process and, upon being qualified, they were ...
State of Assam Vs. Jitu Pegu and anr.
Court: Guwahati
Decided on: Jul-17-2003
P.G. Agarwal, J.1. Life seems to have become an expendable commodity in a remote village of Uriamguri Baligaon under Gogamukh Police Out Post under Dhakuakhana P.S. where a group of young boys decided to start an organisation under the name of and style of 'All Assam Tiger Force'. The avowed object of the said organisation is not known but as we know all organisations need money to run the same. The members of the said organisation also were in need of money and they decided demanding and collecting ransom as the best way to finance their organisation. Accordingly, it was decided to kidnap two minor boys and on the ill-fated day, that is, on 28.6.1999, while Keshab Taid, son of Bindeswar Taid, aged about 10 years, and Rabindra Taid, son of Nandeswar Taid, aged about 6 years, were playing with their friends, the two accused appellants Jitu Pegu and Paramananda Pegu paid Rs. 5/- to... Krishna Dolley to call Rabindra and Keshab and accordingly, the two boys were called to the spot. The a...
Commissioner of Income Tax Vs. Bhagwati Prasad Bajoria (Huf)
Court: Guwahati
Decided on: Jul-17-2003
P.P. Naolekar, C.J.1. The appeal is admitted on the following questions of law : '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 CIT(A) deleting the penalty of Rs. 4,50,000 imposed on the respondent under Section 271D of the Act Whether, on the facts and in the circumstances of the case, the CIT(A) as well as the Tribunal did not err in law in deleting the penalty of Rs. 4,50,000 imposed on the respondent under Section 271D of the IT Act, 1961 ?' 2. The brief and necessary facts of the case are that during a search and seizure operation of the premises of one Umadutta Jhunjunwalla of Shillong large number of promissory notes were found and seized from his residence. Among them three promissory notes were found to have been executed by the assessee Bhagwati Prasad Bajoria, the present respondent. These promissory notes were of the date 15th May, 1995, for Rs. 1,50,000 26th Dec., 1996, for Rs. 2,...
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