Guwahati Court May 2007 Judgments
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Oriental Insurance Co. Ltd. Vs. Subhash Barman and anr.
Court: Guwahati
Decided on: May-04-2007
B.D. Agarwal, J.1. This appeal under Under Section 30 of the Workmen's Compensation Act, 1923 has been filed by the Insurance Company against the judgment and award dated 15.03.2005 passed by the learned Commissioner, Workmen's Compensation Act ('the Commissioner' in brief) in WC Case No. 36 of 2004. By the impugned judgment, the Commissioner has awarded a sum of Rs. 5,12,568/- on account of injuries sustained by the OP No. 1. Since the offending vehicle No. AS-25-B-5016, owned by O.P. No. 2, was duly insured with Oriental Insurance Co. Ltd., the said insurance co./appellant has been directed to satisfy the award. It is also mentioned here that as per the impugned award, the compensation amount would carry interest @ 9% per annum from the date of the order.2. I have heard Shri B.C. Das, learned senior counsel for the appellant and Shri K.K. Dey, learned Counsel for the claimant/OP No. 1. The owner of the vehicle i.e. OP No. 2 did not appear to contest the appeal despite service of not...
BasiruddIn Vs. State of Assam
Court: Guwahati
Decided on: May-03-2007
A.H. Saikia, J.1. Heard Mr. K.K. Gupta, learned Amicus Curiae. Also heard Mr. B.B. Gogoi, learned P.P., Assam.2. This criminal appeal from jail is directed against the judgment and order dt. 29.9.01 rendered by the Sessions Judge, Karimganj in Sessions Case No. 64/98 whereby the appellant was found to be guilty of killing one Amzad Ali and accordingly he was convicted under Section 302 IPC and sentenced accordingly to undergo rigorous imprisonment for life with a fine of Rs. 1000/-, in default, 2 months simple imprisonment.3. The prosecution case, in short, may be noticed. On 28.11.97, one Khudeja Bibi, PW-3, lodged an ejahar with Ratabari Police Station alleging that some 4/5 days ago her husband Amzad Ali went to Karimganj Motor Workshop for getting a truck repaired. Finding no information about him, on 28.11.97 she sent her son Sirajuddin, P.W. 1 to enquire about her husband. Her son on the same day afternoon returned from Karimganj and informed her that his father would return at ...
Warren Tea Ltd. Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-02-2007
T.N.K. Singh, J.1. Civil Rule No. 6135 of 1998 and Civil Rule No. 6136 of 1998 are filed by one petitioner, Warren Tea Limited, 31, Chowringhee Road, Calcutta, which is a company incorporated under the Companies Act, 1956, assailing the order of the Deputy Commissioner of Taxes, the order of the Commissioner of Income-tax, Guwahati and the judgment and order passed by the learned Board of Revenue on the similar question of facts and law and accordingly these two writ petitions are being disposed of by this common judgment and order.2. Heard Mr. A.K. Goswami, learned senior Counsel assisted by Mr. A. Talukdar, learned Counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondents.3. The sole question posed for decision by this Court in these two writ petitions is 'whether or not the portion of the claim for deduction disallowed by the Income-tax Officer while making assessment because of limit provided in the Income-tax Act, 1961 and Income-t...
Barnabas Induar Vs. State of Assam
Court: Guwahati
Decided on: May-02-2007
A.H. Saikia, J1. Appointed Amicus Curiae Mr. B. Chetri is absent when the matter is taken up for hearing. Accordingly, the Court would like to appoint Miss Dipanjali Pathak as Amicus Curiae in place of Mr. B. Chetri to assist the Court.2. We have heard Miss Pathak and Mr. B.B. Gogoi, learned P.P., Assam.3. This Criminal Jail Appeal has been filed against the judgment and order dated 12.10.2001 passed by the learned Sessions Judge, Nagaon in Sessions Case No. 191 (N)/2000 whereby the accused/appellant has been held guilty for commission of offence under Section 302 IPC.4. On the basis of such conviction, the learned Sessions Judge sentenced the accused/appellant to undergo imprisonment for life and also imposed a fine of Rs. 10,000/-. on realization of which the same has been ordered to be paid to the wife of the deceased.5. The prosecution case is that on 21.3.2000 at about 7.30 P.M., following slight altercation the accused/appellant caused grievous injuries with an axe on one Gabrie...
Associated Tyre Company Vs. Commissioner of Taxes and ors.
Court: Guwahati
Decided on: May-02-2007
Ranjan Gogoi, J1. The liability of the petitioner to payment of tax under the Assam General Sales Tax Act, 1993 (hereinafter referred to as, 'the Act') on the deemed sale of goods arising from the works contract executed by it, is the precise issue for consideration in the present writ petition.2. The petitioner would like to contend that the resolution of the issue raised ought to be in its favour as the aforesaid consequence is apparent and obvious. However, as nothing can be understood in law to be obvious until logically established, the necessary adjudication that has to take place would require a brief narration of the relevant facts.3. The petitioner is a proprietorship concern engaged in the business of tyre retreading. According to the petitioner, it received a notice dated March 16, 2000 from the Superintendent of Taxes, Jorhat, proposing summary assessment under Section 17(5) of the Act on the ground that the petitioner had failed to furnish its returns and produce its book...
Mariamun Nessa and ors. Vs. State of Assam and anr.
Court: Guwahati
Decided on: May-02-2007
I.A. Ansari, J.1. The material facts giving rise to the present revision may, in brief, be set out as follows:(i) The present petitioners are facing, as accused, trial on a charge framed against them under Section 304 read with Section 34 IPC. During the course of the trial, prosecution examined two witnesses, PW1 being a doctor, who claimed to have conducted postmortem examination on the deadbody of Jalaluddin, who had been allegedly killed by the present petitioners in furtherance of their common intention, the accused-petitioner No. 1 being the widow of the said deceased, namely, Jalaluddin @ Bakul Mia. The second witness (PW2) examined by prosecution is Abdul Bari, brother of the said deceased. In his evidence, this witness (PW2) has deposed that accused Mariamun Nessa is the widow of the said deceased, accused Musttafa Ahmed is the husband of his niece and accused Jehirul Islam is his daughter's husband. In his evidence, PW2 has deposed that on the day of occurrence, in the morni...
Warren Tea Limited Vs. State of Assam and ors.
Court: Guwahati
Decided on: May-02-2007
T. Nandakumar Singh, J.1. Civil Rule No. 6135 of 1998 and Civil Rule No. 6136 of 1998 are filed by one petitioner Warren Tea Limited 31, Chowringhee Road, Calcutta which is a Company incorporated under the Companies Act, 1956 assailing the order of the Deputy Commissioner of Taxes, the order of Commissioner of Taxes, Guwahati and the judgment and order passed by the learned Board of Revenue on the similar question of facts and law and accordingly these two writ petitions are being disposed of by this common judgment and order.2. Heard Mr. A.K. Goswami, learned senior counsel assisted by Mr. A. Talukdar, learned Counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondents.3. The sole question posed for decision by this Court in these two writ petitions is 'whether or not the portion of the claim for deduction disallowed by the Income Tax Officer while making assessment because of limit provided in the Income Tax Act, 1961 and Income Tax Rule...
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