Court : Guwahati
g. mehrotra, j.1. this is a revision against the order of the sessions judge, cachar, dated 18-6-1958 by which he affirmed the conviction and sentence passed against the applicant under section 188, indian penal code. the magistrate convicted the applicant under section 188, indian penal code and sentenced him to undergo simple imprisonment for al day and to pay a fine of rs. 10/-, in default, to a further simple imprisonment for 5 days. in view of the fact that the accused is a young man bo4 longing to a respectable family, the magistrate treated him leniently and awarded simple imprisonment.2. the charge against the applicant is that on 18-8-1956 duo to the impending visit of the chief minister, assam, to the town of karimganj apprehending breach of the peace in the town, the sub-divisional officer, karimganj promulgated an order under section 144, criminal procedure code prohibiting any meeting, procession, demonstration or obstruction to or of traffic or assembly of five or more persons within the limits of the karimganj town or within five miles of such limit for a period of 15 days with effect from 18-8-56. on that day the accused was found along with 7 or 8 others coming in a procession wearing black badges on that chest pockets.when the police party found and apprehended them the other processionists took to that heels and the applicant alone was arrested by the police. there was an attempt on the part of this accused also to run away and as a result he sustained .....
Tag this Judgment!Court : Guwahati
a.h. saikia, j.(a) issues raised under reference:1. the questions that have been referred to this larger bench by the hon'ble the then chief justice (acting) vide order dated october 31, 2005, on the administrative side for a conclusive resolution read as follows:(i) whether in view of the provisions of section 8(2)(f)(vii) of the assam agricultural income-tax act, 1939, as amended by the assam act xxiii of 1989 with effect from december 28, 1989, (for short 'the assam act'), unpaid cess under the assam taxation (on specified lands) act, 1990 (for short the 'land act'), is to be allowed as a deduction from the net agricultural income under the assam act?(ii) if not, whether in view of the decision of the supreme court in cit v. gemini cashew sales corporation , unpaid cess under the land act has still to be allowed as a deduction from the net agricultural income under the assam act, in a situation where the assessee has maintained its/his accounts in the mercantile system?(b) provisions of law referred to and relied upon:2. before delving into the issues under the reference, it would be prudent and necessary to refer to those provisions of law under the related statutes to the extent relevant for the purpose of illumination of the contours of the questions raised herein and those may be noticed hereunder.the land act (assam taxation (on specified lands) act, 1990.3. under the land act, the specified land is defined in section 2(h) which 3 reads as:(i) any land used or .....
Tag this Judgment!Court : Guwahati
b.k. sharma, j.1. this writ petition has been filed alleging reservation beyond permissible limit towards promotion of the respondent no. 3.2. the petitioner was first appointed as lower division assistant (lda) way back in 1968 (21.8.1968). thereafter he was promoted as upper division assistant (uda) in 1984(4.2.1984).3. there are 4 promotional posts of superintendent in the department (directorate of sericulture). which were filed up by senior most persons (udas) on regular basis. a post of superintendent had fallen vacant on 1.11.2000 due to retirement of the incumbent. according to the petitioner, he being senior to the respondent no. 3 and the total cadre strength being only 4, there is no question of providing any reservation by operating roster and consequently, it is the petitioner, who ought to have been promoted as superintendent. be it stated here that as per the seniority list annexed to the writ petition, the petitioner's position is at serial no. 3 as against the respondent no. 3's at serial no. 5. while the petitioner belongs to obc community, the respondent no. 3 belongs to sc community4. being aggrieved by the promotion of the respondent no. 3, the petitioner made annexure-b representation dated 11.12.2002 followed by further representations on 1.4.2004 and 18.8.2004 forwarded by the director to the secretary to the government of assam in the textile & sericulture department on 25.10.2004.5. the aforesaid representation dated 18.8.2004 forwarded on 25.10. .....
Tag this Judgment!Court : Guwahati
i.a. ansari, j.1. the respondent herein instituted, as plaintiff, title suit no. 07 of 2001, in the court of civil judge (sr. divn.), bongaigaon, seeking, inter alia, a decree of declaration of his rights, title, interest and khas possession over the suit land and permanent injunction. on an application made by the plaintiff under order 39, rules 1 and 2 of the code of civil procedure (hereinafter referred to as 'the code') read with section 151 thereof, a temporary injunction was granted in favour of the plaintiff-respondent. in course of time, the petitioner herein appeared, as defendant, in the suit, aforementioned and contested the same by filing written statement. when the suit was pending for hearing, the same was dismissed for default, on 11.11. 2005, as the petitioner was found absent without taking any steps. thereafter, a, petition was filed by the plaintiff under order 9, rule 9 read with section 151 of the code seeking restoration of the suit on the ground that his counsel had incorrectly entered into his diary the date of hearing of the suit as 11.12.2005 instead of 11.11. 2005 and as his counsel was required to be away from bongaigaon, he filed an application, on 6.12.2005, seeking adjournment of the suit (which, according to the impression of the plaintiff's counsel, stood fixed on 11.12.2005) ; but on 22.12.2005, when the plaintiff made an inquiry about his suit, he came to know that the suit already stood dismissed for default as far back as on 11.11. 2005. .....
Tag this Judgment!Court : Guwahati
mutum b.k. singh, j.1. this is an appeal against the judgment dated 28.08.2001 passed by the learned additional sessions judge, west tripura, agartala in sessions trial no. s.t. 5(wt/s)/97, convicting the appellants under section 436 read with section 149 of the indian penal code and sentencing them to suffer rigorous imprisonment for 5 years and to pay a fine of rs. 2,000/- each and in default thereof to suffer rigorous imprisonment for another 6 months. by the impugned judgment the appellants were also convicted for the offence punishable under section 148 of the indian penal code but no sentence has been awarded for the said conviction.2. heard mr. s. kar bhowmik learned counsel appearing for the appellants mr. a. ghosh, learned addl. public prosecutor appearing on behalf of the state-respondent.3. facts, briefly, leading to this appeal are that on the basis of a written report (complaint) dated 01.08.1992 of one rina naha, d/o ananta naha of village north maheshpur, the yatrapur police station registered a case being no. 1(8)/1992 under sections 148,149,427 and 436 of the indian penal code against the appellants and seven others. according to the informant, on 01.08.1992 at about 1.30 p.m. the appellants and many others suddenly trespassed into the informant's house and set their two rooms on fire and also ransacked all the things of the other rooms. three bharies gold, five bharies silver and rs. 7000/- in cash were found missing. the accused persons, thereafter, moved .....
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p.g. acarwal, j. 1. heard mr. j. m. choudhury, learned senior advocate assisted by mr. a. m. bora, learned counsel for the appellant and mr. p. c. gayan, learned public prosecutor.2. the appellant sri chandan gogoi along with two others namely; rupjyoti boragohain and gunapratim gogoi was tried by the sessions judge, lakhimpur in sessions case 86(nl)/98 for commission of the offence under section 302/34 ipc. on conclusion of the trial, the accused rupjyoti boragohain was acquitted whereas accused gunapratim gogoi was convicted and sentenced under section 323 ipc. the said gunapratim gogoi is not before us. the present appellant chandan gogol was convicted under section 302 ipc and sentenced to imprisonment for life and hence the present appeal.3. the prosecution version of the occurrence is that on the evening 19.9.96 the members of the 'ghillamara anchalik chatra sanstha organised a feast at the pwd inspection bungalow situated at ghillamara choukham ghat gaon. while the members were enjoying the feast, some disturbances and noises were created which led the chowkidar lila gogoi to intervene and he requested the persons present there to enjoy their feast and leave the place whereupon the said lalit gogoi was assaulted and when he took to his heels he was chased by a group of 15 persons. when lila gogoi reached near his quarter, the wife and brother-in-law of lalit gogoi came out and pleaded for mercy. lila gogoi was released and he fled the scene. however, the mob bounced .....
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p.g. agarwal, j.1. the petitioner, phukenbari tea co. (p.) ltd. is engaged in the business of cultivation and sale of green tea leaves. for the assessment year 1992-93, the company submitted its return of agricultural income before respondent no. 3. in the said return, the petitioner showed a sum of rs. 4,37,980 as an amount being payable as cess for production of green tea leaves. the assessing officer disallowed the said amount on the ground that the said amount was not paid during the relevant financial year although the same became payable. the petitioner, thereafter, filed an appeal before the appellate authority. the appellate authority also rejected the claim of the petitioner and affirmed the order of the assess-ing officer vide order dated december 28, 1994. hence, the present petition. 2. i have heard dr. a. k. saraf, learned counsel for the petitioner and the learned government advocate.3. in this case, there is no dispute at the bar that the amount of cess on green tea leaves was payable by the petitioner-company. the petitioner-company is engaged in the business of production and sale of green tea leaves only and as such they are not liable to pay income-tax but are liable to pay agricultural income-tax only.4. the claim of the petitioner-company was rejected on the ground that the claim of deduction in respect of unpaid provision is not an allowable deduction either under section 8(2)(e) or section 8(2)(f)(vii) of the agricultural income-tax act, 1939, for .....
Tag this Judgment!Court : Guwahati
r.b. misra, j.1. heard mr. n. brojen singh, learned counsel for the petitioner. mr. th. ibohal, learned addl. g. a. appearing on behalf of the respondents-1, 2 and 3 and mr. k. kumar, learned addl. cgsc for the respondent no. 4.sworn affidavit received by the learned counsel for the union of india by way of fax has also been presented to this court and the learned counsel for the petitioner is not objecting about such counter-affidavit response of the union of india therefore keeping in view the urgency in the matter, the same is accepted and accordingly is placed on the record.2. in the present writ petition, the petitioner, the mother of detenu has prayed for quashing the detention order dated 3-6-2005 (annexure-a/1) of shri puyam ranachandra singh (@ bidhi @ budhijao) passed by the district magistrate, imphal west district, manipur under section 3(2) of the national security act, 1980 (for short called 'act of 1980), in exercise of power under sub-section (3) of section 3 of 'act 1980' read with the central government home department order no. 17(1)49/89/11 (pt) dated 3-3-2005.3. the question for consideration are:(i) whether the central government is duty bound and is under statutory obligation under section 14(1) of the national security act, 1980 (in short called 'act 1980' hereinafter) to consider the report for revocation or modification sent by state government under section 3(5) of act, 1980 with reasonable expedition or not to consider at all or may consider at .....
Tag this Judgment!Court : Guwahati
hansaria, j. 1. forests are part of our national wealth. their contributions are varied. they not only provide fuel and other inputs for various industrial and commercial activities but serve some other needs of human society also. they contribute in a significant way to preserve the ecological balance whose growing importance is being realised day by day. the contribution of forests and trees in preventing soil erosion and flood is well-known. the flora and fauna of a country are largely dependent upon them. they shelter and protect agriculture and influence local climatic extremes. they ensure clear water supply and prevent pollution. they are essential components of attractive landscapes and are becoming important for urban population of industrial countries as a source of recreational facilities. but when there is a rapid growth of population the forests become easy victim as the growth in population demands more land for settlement. even so, a balance has to be struck between the different needs of forests. at the national level great importance is being given, of late, to the preservation of forest wealth. it is because of this that while amending the constitution by 42nd amendment act, 1976, a new article 48a was inserted stating that the state shall endeavour to protect and improve the environment and safeguard the forest and wildlife of the country. not only this, while enumerating the fundamental duties in article 51a of the constitution, it was stated in clause .....
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k. lahiri, j. 1. this is a petition for habeas corpus which involves computation of the period of detention required to be set off under section 428 of cr. p.c., for short 'the code', when an accused is convicted in more than one case and the periods of detention during the investigation, inquiry and trial of one case overlaps the other.2. the petitioner was arrested on 6-9-80 in connection with g. r. case no. 456/80. while in such detention as an under trial prisoner he was formally arrested at different times in other cases, including g. r. case no. 496 of 1981. in the last case, he was formally put under arrest on 22-9-80, though he was already in detention in connection with g. r. case no. 456/80. on 12-1-1982 he was convicted in g. r. case no. 496 of 1980 under section 380 i.p.c. and sentenced to suffer r. i. for 10 months and a fine of rs. 200/-, in default, to suffer simple imprisonment for 20 days and further sentenced to r. i. for 2 months said to be under section 75 i.p.c. at the time of awarding the sentences the learned magistrate allowed 'set off' from 22-9-80, (the date on which he was formally arrested in the said case) till 12-1-81 (the date of his conviction). thereafter, on 18-2-81 the accused was convicted in g. r. case no. 456/80 and sentenced to suffer r. i. for 2 years. but the learned magistrate did not allow any 'set off' to the accused.3. the petitioner contends that in g. r. case no. 456 of 1980 he was entitled to set off on and from the date of his .....
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