Court : Guwahati
Decided on : Aug-27-1970
p.k. goswami, c.j.1. the petitioner in this civil rule was initially an employee under the assam bengal railway company, appointed prior to 3lst march, 1938. thai company was taken over by the government of india with effect from 1st january, 1942. the company underwent several changes of name and at present the petitioner is serving as sub-head in the accounts department under the north-east frontier railway at pandu. he is a confirmed ministerial servant under the railway. the petitioner's date of birth being 30-6-1910, he claims to retire when he attains the age of sixty years on 30-6-1970 in accordance with rule 2046 (f.r. 56) of the railway establishment code. that rule, as it stands after the last amendment in 1967, may be quoted: (a) except as otherwise provided in this rule, every railway servant shall retire on the date he attains the age of fifty-eight years. (b) a ministerial railway servant who entered government service on or before the 31st march, 1938 and held on that date-- (i) a lien or a suspended lien on a permanent post, or (ii) a permanent post in a provisional substantive capacity under clause (d) of rule 2008 and continues to hold the same without interruption until he was confirmed in that post.shall be retained in service till the day he attains the age of sixty years.note:--for the purpose of this clause the expression 'government service' includes service rendered in a former provincial government and in ex-company and ex-state railways, the rule .....Tag this Judgment!
Court : Guwahati
Decided on : Apr-20-1970
p.k. goswami, c.j. 1. the petitioner describes herself as heiress and legal representative of late barin raha and an assessee under the income-tax act. by this application under article 226 of the constitution, she is challenging three orders of the income-tax officer, a-ward, digboi. the first is an assessment order dated november 25, 1965, under section 144 of the income-tax act, 1961 (hereinafter referred to as the 'new act'), for the assessment year 1961-62. the second is an order dated december 26, 1967, rectifying the above order under section 154 of the new act and the consequent notice of demand dated december 29, 1967, under section 29 of the indian income-tax act, 1922 (hereinafter referred to as the 'old act'). the third is a notice dated march 13, 1967, under, section 148 of the new act. 2. the facts necessary for appreciation of the questions raised in this application may briefly be set out: a notice dated may 11, 1961, under sections 22(2) and 38 of the old act was served on the assessee, barin raha, by the income-tax officer, digboi, in respect of the assessment year 1961-62 on may 16, 1961. the assessee did not submit his return and died on february 22, 1963, after the commencement of the new act with effect from april 1, 1962. notice under section 142(1) of the new act was served upon the legal successor of the assessee on may 14, 1963. another notice, dated june 4, 1964, under section 22(4) of the old act was also issued to the legal successor of the .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-05-1970
..... partnership to clarify the position without affecting the terms and conditions embodied in the deed of partnership dated february 23, 1959, this partnership deed was being executed. this deed is marked as annexure 'd'. 4. the deed was described as a deed of partnership. clause 5 of the deed provided that the capital of the partnerhip would be rs. 1,56 ..... equally, being made up of the assets previously held by the partners as coparceners of the hindu undivided family, of which the first partner was the karta. the deed is marked as annexure 'c'. 3. applications for registration of the firm for the assessment year 1959-60 and 1960-61 were rejected on the ground that the firm was not genuine .....Tag this Judgment!
Court : Guwahati
Decided on : Nov-27-1970
m.c. pathak, j.1. this revision petition is directed against the order of conviction and sentence passed against the accused-petitioner under section 25(1)(a) of the arms act, 1959.2. the prosecution case is that on 2-9-66 at about 8.30 p. m. the accused was found by the assistant sub-inspector of police of the badarpur g. r. p. s. and some excise constables, sitting on a bench in the third class waiting shed of the badarpur railway station. on suspicion his luggages were searched and nothing was found. then his person was searched and from the pocket of his trousers five live cartridges fitted to a charger of .303 rifle were recovered. the accused could not furnish any satisfactory explanation about the possession of the same. the assistant sub-inspector of police submitted an offence report to the officer-in-charge of badarpur g. r. p. s. after investigation charge sheet under section 25(1)(a) of the arms act was submitted against the accused-petitioner. charge under section 25(1)(a) of the arms act was framed against him to which he pleaded not guilty.3. the defence case was that the cartridges were not found with him. he alleged that the police personnel demanded sum of rs. 500/- from him as he happened to he a naga and when he refused to pay the same, the case had been instituted falsely against him. no defence witness was examined. the prosecution examined five witnesses including the investigating officer.4. on consideration of the evidence on record the learned .....Tag this Judgment!
Court : Guwahati
Decided on : May-26-1970
p.k. goswami, c.j.1. the question of law referred to this full bench arises out of a proceeding under section 145, criminal p. c. pending in the court of the magistrate. first class, garo hills, tura.2. the facts giving rise to the proceeding involving likelihood of breach of peace with respect to certain land, where jhum cultivation is being carried on. are not material for the present cur-pose. the matter came up before my learned brother pathak, j. who referred the question of law which appears to be raised by the petitioner to the effect that rule 23 (2) and rule 24 (1) of the garo hills autonomous district (administration of justice) rules, 1953. hereinafter called 'the rules' are ultra vires para 4 of the sixth schedule to the constitution of india. it has been also mentioned in the reference that a division bench decision of this court in air 1963 assam 31 (manick syiem v. u. rose mohan roy) and the decision reported in ilr (1963) 15 assam 66 (u.f. siem v. u. lebanon kharkongor) and an unreported decision in criminal ref. no. 18 of 1963 (assam) (u. swip v. u. rober) may require reconsideration.3. mr. goswami. the learned counsel for the petitioners, who had earlier appeared before the single bench, has formulated his points in the following way:(1) after the constitution of the garo hills district council court by virtue of paragraph 4 (1) of the sixth schedule to the constitution, the jurisdiction to try all suits and cases in garo hills except those mentioned in .....Tag this Judgment!
Court : Guwahati
Decided on : Apr-16-1970
..... land.the written statement filed on behalf of the first party on 8th of november 1968 was signed by munal singh, khamba singh and kulachandra singh, and it was thumb marked by w. iboton singh. down below those signatures the writing made was: '1st party on behalf of themselves and other persons of the party.' in the affidavit filed by th ..... digging the channel. instead, he affirmed that financial assistance had been granted to him for building an earthen bund arount the land in dispute and he placed reliance upon documents marked exts. d/2 and d/3 in support of that assertion. it is not possible to reconcile the two statements made by the same person on solemn affirmation on two ..... : air1966ori170 , an authority relied upon by shri nilamani singh to support the point under discussion, was that private documents can be marked only on proof of execution unless they are otherwise admitted and that if the documents are not marked as exhibits, they cannot be used as legal evidence. these observations are unexceptionable but they do not help the point canvassed by .....Tag this Judgment!