Guwahati Court July 2003 Judgments
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Md. Mahibul Hoque and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jul-17-2003
P.G. Agarwal, J.1. Heard Mr. J. M. Choudhury, learned Senior Counsel for the appellants and Mr. Z. Kumar, learned Public Prosecutor.2. The two appellants Mahibul Hoque and Armanul Hoque were tried for the offence under Section 302/323/324 IPC by the learned Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 74 (DM)/2000. On conclusion of the trial, vide impugned order dated 26.6.2002, the appellant Mahibul Hoque was convicted under'Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5,000, in default to further imprisonment for six months. The other accused appellant Armanul Hoque was convicted under Section 323 IPC and sentenced to imprisonment for six months. Hence, the present appeal.3. The prosecution allegation is that on 27.5.1999 while Anowar and Ikramul were driving out the cattle belonging to the accused persons from their field, the two accused appellants attacked them and caused injury. Both the injured Ikramul and Anowar were initially shif...
Commissioner of Income-tax Vs. George Williamson (Assam) Ltd.
Court: Guwahati
Decided on: Jul-17-2003
D. Biswas, J. 1. This appeal under Section 260A of the Income-tax Act, 1961, is directed against the order dated April 4, 2000, passed by the Income-tax Appellate Tribunal, Guwahati Bench, Guwahati, in S.T.A. Nos. 1, 2, 3, 4 and 5 (Gauhati) of 1993. The Revenue challenged the aforesaid order on the ground that the learned Tribunal erred in law and fact in affirming the decision of the Commissioner of Surtax (Appeals) in including a sum of Rs. 1,43,89,055 as difference between the value of the assets and considerationpaid for computing the capital to determine the statutory deduction under the provisions of Section 2(8) of the Companies (Profits) Surtax Act, 1964. At the time of admission, the following questions were formulated for consideration in this appeal : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified and correct in law in treating the amount of Rs. 1,43,89,055 as capital reserve forming part of the capital of the assessee under Rul...
Jootsna Bhadra and ors. Vs. JatIn Kar
Court: Guwahati
Decided on: Jul-17-2003
I.A. Ansari, J.1. By making an application under Section 482 Cr.P.C., the petitioners, who are accused in C.R. Case No. 55/2001 under Sections 384/447/326/307/34 IPC, which is pending in the Court of Shri J. Gohain, learned Judicial Magistrate, 1st Class, Karbi Anglong, Diphu, Assam, have approached this Court seeking to get set aside the orders, dated 2.6.2001, and 23.7.2001, whereby summons were directed to be issued to the accused-petitioners for their appearance in the said complaint case and also to get set aside and quashed the proceedings of the said complaint case as a whole. This application has given rise to Crl. Revision No. 510/2001.2. Coupled with the above, by making another application under Section 482 Cr.P.C., the accused/petitioners aforementioned alongwith the legal heirs of the complainant of the C.R. Case No. 55/2001 aforementioned have submitted to the effect, inter alia, that a querrel between the parties led to the institution of not only C.R. Case No. 55/2001 ...
TajuddIn Barbhuiyan and anr. Vs. State of Assam
Court: Guwahati
Decided on: Jul-17-2003
1. This appeal is directed against the judgment and order dated 21.12.2000, passed by the learned Sessions Judge at Hailakandi, in Sessions Case No. 57/99. 2. The prosecution case in brief is that on 20.4.1998 at about 10.00 AM, the deceased Abdul Sahid was called up by his brother to attend a 'Bichar' at his place and accordingly, Addul Sahid went there. After some time, the family members heard the shout from Adbul Sahid and they rushed to the place of occurrence. It may be mentioned here that the house of the accused person and the deceased are situated nearby. When the wife and sons of the deceased reached the place of occurrence, they saw the accused persons assaulting their father and when they tried to intervene, they were also assaulted. Afterwards, Abdul Sahid was removed to hospital but he succumbed to the injuries before reaching the hospital. 3. P.W. 6 is Dr. Dulal Mukherjee, who held the post mortem over the dead body and found the following injuries on the person of the...
Bhaba Kalita Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jul-17-2003
Ranjan Gogoi, J. 1. The Writ Petitioner, who has been dismissed from service after an enquiry into the charges levelled against him, has instituted the present proceedings challenging the aforesaid order of dismissal. An order of the appellate authority confirming the dismissal order passed by the disciplinary authority, is another aspect of the challenge in the present proceeding.2. A memorandum of charges was brought against the petitioner on 25.10.2000 alleging that on 29.8.2000 at about 21.30 hours, the writ petitioner under the influence of alcohol had assaulted two other constables of the C.I.S.F. in which organisation the petitioner was working. It was alleged that as a result of the aforesaid assault, the two other constables were injured and hospitalised. The writ petitioner was charged with indiscipline/misbehaviour in respect of the aforesaid incident and was asked to show cause as to why he should not be punished. The writ petitioner showed cause and the authority not be...
Munindra Nath Mahanta and anr. Vs. Niru Mahanta
Court: Guwahati
Decided on: Jul-16-2003
S.K. Kar, J. 1. This is an application under Section 482 of Cr.P.C. with the object of getting the proceedings, registered as case No. C.R. 1828 of 2000 under Section 406, rule 34 of IPC, against the present petitioner by the respondent / opp. party quashed. Earlier in this context there was a revision petition before Additional District Judge, Nagaon, vide CM. No. 24(n) 2001, which was dismissed.2. To be concise and precise the respondent herein before this court Smt. Niru Mahanta, filed a complaint against the present petitioners Manindra Nath Mahanta and Smt. Kalindi Mahanta stating that after the death of her husband they drove away her from the matrimonialhome retaining properties belonging to her as she was the second wifeof her husband married to him on death of the first wife, who diedgiving birth to three children, but she had none. That learned DistrictJudge, Nagaon, appointed Respondent No. 2 as the guardian of theminor children and declared present respondent to the entit...
Assam Vegetable and Oil Products Ltd. Vs. Assam Industrial Development ...
Court: Guwahati
Decided on: Jul-16-2003
P.G. Agarwal, J.1. This application under Article 226 of the Constitution of India has been filed by the Assam Vegetable & Oil Products Ltd. (herein after referred to as the petitioner) challenging the decision of the respondent, Assam Industrial Development Corporation (for short 'AIDC') in taking over the Vegetable Oil refining unit of the petitioner at Chandrapur and disposing of the same to the Respondent No. 6.2. The facts in brief is that the Vegetable Oil refining unit situated at Chandmari originally belonging to M/s Sati Oil Udyog Ltd. was purchased by the petitioner from AIDC in the year 1992 at a price of Rs. 61 lakhs out of which the petitioner partly paid a sum of Rs. 15.25 lakhs and got possession of the unit. In the year 1999 AIDC issued notice for taking action under Section 29 of the State Financial Corporations Act, 1951 for alleged arrears and thereafter, the unit was taken over by the AIDC on 21.9.2000. The petitioner, thereafter, approached this Court in WP (C) 15...
George Williamson (Assam) Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-16-2003
Ranjan Gogoi, J.1. The tenor of the pleadings made in the present bunch of writ petitions and the oral arguments advanced by learned counsels for the writ petitioners would go to show that the main grievance of the writ petitioners is in respect of the detention of the vehicles carrying tea at inter-State check posts, on the ground of non-production of the agricultural income-tax clearance certificate under Section 47A of the Agricultural Income-tax Act, 1939 (as amended), The challenge to the constitutional validity of the provisions of Section 47A of the Act as well as the circular dated September 13, 2000, issued by the Commissioner has been made in the present bunch of writ petitions as in the comprehension of the writ petitioners the aforesaid provisions of Section 47A alone bear some resemblance to the power which has sought to be exercised by detention of the vehicles carrying tea.2. Learned counsel for the petitioners has submitted that in the event this court takes the view t...
General Manager, N.F. Railway and ors. Vs. Nasim Khan
Court: Guwahati
Decided on: Jul-16-2003
P.G. Agarwal, J. 1. Heard Mr. B.K. Sharma, learned senior counsel appearing for the N.F. Railways and Mr. C. Baruah, learned senior counsel assisted by P.J. Saikia for the respondent. 2. The facts, in brief, are that the respondent Md. Nasim Khan, hereinafter referred as the contractor for the purpose of convenience, entered into a contract work with the appellant N.F. Railway, hereinafter referred as the Railways, for extension of Carriage and Wagon Department. There was a written agreement in between the parties executed on 19.02.1981. The work, however, could not be completed within the due date or extended date. There was allegations and counter allegations as regards the clauses for non fulfillment of the contract work and we do not propose to enter into the same at this stage. The contractor, thereafter, filed Misc. (Arb.) Case No. 7/88 under Section 8(2) read with Section 20(3) of the Arbitration Act and the Arbitrator was appointed by the Court. The said Arbitrator Mr. Guna...
Eveready Industries (India) Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jul-16-2003
Ranjan Gogoi, J.1. The tenor of the pleadings made in the present bunch of Writ Petitions and the oral arguments advanced by the learned counsels for the writ petitioners would go to show that the main grievance of the writ petitioners is in respect of the detention of the vehicles carrying tea at the inter-state check posts, on ground of non-production of the Agricultural Income tax Clearance Certificate under Section 47A of the Agriculture Income Tax Act, 1939 (as amended). The challenge to the constitutional validity of the provisions of Section 47A of the act as well as the circular dated 13.9.2000 issued by the Commissioner has been made in the present bunch of writ petitions as in the comprehension of the writ petitioners the aforesaid provisions of Section 47A alone bears some resemblance to the power which has sought to be exercised by detention of the vehicles carrying tea.2. Learned counsel for the petitioners has submitted that in the event this Court takes the view that un...
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