Guwahati Court January 2006 Judgments
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Jorehaut Group Ltd. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Jan-24-2006
D. Biswas, J.1. These batch of writ petitions are taken up together for disposal in terms of the judgment and order passed by this Court on March 11, 2005, in Assam Co. Ltd. v. Union of India (Writ Petition (C) No. 1163 of 2003, disposed of on March 11, 2005) reported in .2. The writ petitions have been filed by the assessees challenging the legality and validity of the impugned notices dated March 28, 2003, and January 6, 2004, issued by the respondent authority under the provisions of Sections 148, 142 and 143(2) of the Income-tax Act, 1961.3. The writ petitioners are public limited companies incorporated under the Companies Act, 1956, and is engaged in the business of cultivation, manufacture and sale of tea cultivated in its tea gardens in the State of Assam. They were served with the aforementioned notices for reassessment of the income of the petitioner for the assessment years 1996-97 (in W.P. (C) No. 586/05) ; 1997-98 (in W.P. (C) No. 587/05) ; 1998-99 (in W.P. (C) No. 588/05)...
Assistant Engineer (Electrical), Dirang Electrical Sub-division Vs. Do ...
Court: Guwahati
Decided on: Jan-24-2006
I.A. Ansari, J.1. Heard Mr. B.L. Singh, learned Counsel for the appellant, and Mr. J. f Hussain, learned Counsel appearing on behalf of the State respondents.By the impugned order, dated 28.10.2003, passed by the Commissioner for Workmen's Compensation, West Kameng and Tawang District, Bomdila, the appellant was directed to deposit the amount of compensation determined under Section 10(b) of the Workmen's Compensation Act. Pursuant to the impugned order, dated 28.10.2003, the appellant has already deposited the amount of Rs. 4,23,486. Subsequent to the making of the said deposit also, several other orders have been passed by the Commissioner, Workmen's Compensation, directing, inter alia, the deposit of an amount of Rs. 22,233. The appellant has accordingly deposited the said amount of Rs. 22,233 too.It, now, transpires that the impugned order, dated 28.10.2003, was passed on the basis of an application for compensation made by the respondent herein. However, before determining the co...
Govinda Das and ors. Vs. Robanbala Das
Court: Guwahati
Decided on: Jan-23-2006
A.H. Saikia, J.1. Heard Mr. P. S. Deka, learned Counsel for the appellant and Mr. N. Chakravorty (Junior), learned Counsel for the respondent.2. This second appeal impugns the judgment and decree dated 12-2-98 passed by the learned District Judge, Nalbari in T. S. No. 19/97 allowing the appeal preferred by the defendant/respondent and thereby setting aside the judgment and decree dated 9-9-97 passed by the learned Civil Judge !(Jr. Division), Nalbari in T. S. No. 4/92 wherein the suit was decreed in favour of the plaintiff/appellant declaring his right, title and interest over 10 lechas of land with joint possession thereupon.3. At the time of admission of this appeal on 17-6-98, the following substantial questions of law were formulated:(1) Whether the learned Court below failed to consider Sections 8 and 14 of the Hindu Succession Act, 1956, in the matter of succession to property and Women's absolute right over the inherited property? (2) Whether Ex. 1, the deed of gift, and the mu...
GobIn Saikia Vs. State of Assam
Court: Guwahati
Decided on: Jan-23-2006
I.A. Ansari, J.1. By the impugned judgment and order, dated 6-3-2002, passed, in Sessions Case No. 84(NL)/1997, the learned Sessions Judge, Lukhimpur, has convicted the accused-appellant, Gobin Saikia, under Section 302, IPC and sentenced him to suffer imprisonment for life and pay fine of Rs. l.000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of six months.2. The case against the accused appellant, as unfolded at the trial, may. in brief, be stated as stated as follows:Deceased Bibha Saikia was the wife of the accused-appellant and both of them lived together in their house at village Rajkhowa gaon. On 15th of August, 1992, at around midnight, the accused-appellant's brother, Lakhinath, came to the house of his uncle. Umakanta Koch, and told him that the accused-appellant and his wife, Bibha, had been quarrelling. As it was late at night and raining too, Umakanta asked Lakhinath to amicably settle the issues and accordingly Lakhinath left; ...
Soran Sing Bey Vs. Karbi Anglong Autonomous Council and ors.
Court: Guwahati
Decided on: Jan-23-2006
B. Sudershan Reddy, C.J.1. The unsuccessful writ petitioner in WP(C) No. 5036/2005 is the appellant in this writ appeal.2. The Karbi Anglong Autonomous District Council (hereinafter referred to as 'the Council') vide its notification dated 14.2.2005 issued Notice Inviting Tender (NIT) for settlement of, inter alia, the Entry Tax Gate in question. That, in response to the NIT altogether five tenders were submitted including the one submitted by the appellant and as well as the 5th respondent. The appellant offered a sum of Rs. 27,15,480.00 as against the sum of Rs. 25,00,000.00 offered by the 5th respondent. The offer of the appellant admittedly is the highest. It appears the Council instead of accepting the highest bid amount of the appellant entered into negotiations with the 5th respondent alone who increased the offer to that of Rs. 30,00,000.00, settled the said Entry Tax Gate in favour of the 5th respondent vide its order dated 8.4.2005. The appellant herein challenged the decisi...
Hazi Mahamud Ali Vs. the State of Tripura
Court: Guwahati
Decided on: Jan-20-2006
R.B. Misra, J.1. Heard Mr. S. Dutta, learned Counsel for the applicant/appellant/petitioner and Mr. A. Ghosh, learned State counsel for the respondent.2. The present criminal misc. case has been preferred under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') to recall/review the judgment dated 16.5.2005 passed by this Court in Criminal Revision Petition No. 18 of 1998, whereby Criminal Revision Petition was dismissed in absence of learned Counsel for the applicant/appellant, namely, Sri Hazi Mahamud Ali. The aforesaid Criminal Revision Petition was preferred Under Section 397 read with Section 409 of the Cr.P.C. against the judgment dated 17.3.1998 passed by the learned Sessions Judge, North Tripura, Kailashahar in Criminal Appeal No. 10(2) 1997 allowing the appeal partly by setting aside conviction and sentence dated 13.5.1997 under Section 498-A of the Indian Penal Code (for short 'the IPC') passed by the learned Judicial Magistrate, 1st Class, Kailashahar, North...
Krishna Gopal Banik Vs. Hindustan Lever Ltd.
Court: Guwahati
Decided on: Jan-20-2006
B. Sudershan Reddy, C.J.1. The plaintiff in Title Suit No. 42 of 2001 on the file of the learned Civil Judge, Senior Division, Karimganj is the petitioner in this review petition. He filed the suit for recovery of compensation of an amount of Rs. 1,00,60,617 (rupees one crore sixty lakh six hundred seventeen only) along with pendente lite with future interest till realisation of the amount. The respondent-defendant having entered their appearance filed an application under order 7, Rule 11 and Sections 16 and 20 of the Code of Civil Procedure for rejection of the plaint. The trial Court vide order dated 24.9.2001 passed in Title Suit No. 42/2001 held that the trial Court where the suit has been instituted has got territorial jurisdiction to try the suit. Being aggrieved by the said order dated 24.9.2001 the defendant in the said suit filed revision petition being Civil Revision No. 419 of 2002 in this Court.2. The civil revision was heard on its own merits, which came up for considera...
Jorhat Tea and Industries (P.) Ltd. Vs. State of Meghalaya
Court: Guwahati
Decided on: Jan-20-2006
B.K. Sharma, J.1. By this application under Section 482 of the Criminal Procedure Code, 1973, the petitioner seeks quashing of the criminal proceeding in C.R. Case No. 364/98 which at the time of moving the application was pending in the Court of the Learned Judicial Magistrate, 1st Class, Shillong, Meghalaya. While entertaining the writ application by order dated 3-10-2001, the aforesaid proceeding was stayed.2. The petitioner No. 1 is a Private Ltd. Company incorporated under the Companies Act, 1956 having its registered office at A.T. Road, Tarajan, Jorhat in the State of Assam. The petitioner Nos. 2 and 5 are the Directors of the said company.3. The respondent No. 2 issued a letter dated 5-2-1998 to the petitioner No. 1 alleging that the company accepted unsecured loan to the tune of Rs. 22,58,159.12, but did not file the Return of Deposits as envisaged under Section 58A of the Companies Act, 1956 and the rules framed therein. On the basis of such allegation, the petitioner was as...
Md. KamaruddIn Vs. State of Assam
Court: Guwahati
Decided on: Jan-19-2006
1. Criminal Appeal Nos. 52(J) of 1999 and 53(J) of 1999 have arisen out of a common judgment dated 16.12.1998 passed by the learned Addl. Sessions Judge, Silchar in Sessions Case No. 28/96 whereby the learned trial court convicted the two appellants, namely, Md. Kamaruddin and Md. Parbin Ali under Section 302/34 IPC and sentenced both of them to imprisonment for life and to pay a fine of Rs. 500, in default to undergo rigorous imprisonment for one month each.2. We have heard Mr. P.J. Saikia, learned amicus curiae and Mr. D. Das, learned Public Prosecutor, Assam.3. The two appellants were tried by the learned Sessions Judge on the allegation that on 17.7.1994 about 9 PM they, in furtherance of their common intention, caused' the death of Md. Sakat Ali by assaulting him with sharp cutting weapon. It may be mentioned here that there was another accused named Md. Ashique Uddin against whom investigation was carried out by police but the said accused died during the pendency of the investi...
Shri Moni Neog and ors. Vs. State of Assam
Court: Guwahati
Decided on: Jan-18-2006
1. By the impugned judgment and order, dated 27-8-2003, passed in Sessions Case No. 287(K) 01, the learned Sessions Judge No. 2 (ad-hoc), Kamrup, Guwahati, has convicted the two accused-appellants, namely, Moni Neog and Kanaya Hazarika, under Section 364 read with Section 34 of the Indian Penal Code and has sentenced them to suffer imprisonment for life and pay fine of Rs. 2,000/- each and, in default of payment of fine, to undergo rigorous imprisonment for a further period of six months.2. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows:(i) AVARD-NE, a non-Governmental organization, opened their office at Kamalabari of Majuli Sub-Division, in the district of Jorhat, in the year 1996, with Sanjoy Ghose as its General Secretary. The said non-Governmental organization (hereinafter referred to as the NGO') started working for the welfare of the people of Majuli, an Island, which was under threat of being eroded by the mighty river Brahamaputra. ...
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