Guwahati Court August 1951 Judgments
Amrit Bhattacharjya Vs. the State
Court: Guwahati
Decided on: Aug-29-1951
Thadani, C.J. 1. This is a petition under Article 226 of the Constitution of India for a writ of 'Habeas Corpus' in the matter of an order, dated 11-4-51, passed against the petitioner by the Governor of Assam under Clauses (b), (c), (d), (e) and (f) of Sub-section (1) of Section 2, Assam, Maintenance of Public Order Act, 1947 (Act 5 of 1947), as amended. The order is in these terms:'No. C. 739/49/24.--Whereas the Governor of Assam is satisfied with respect to you, Shri Amrita Bhattacharjee alias Shib Chakravarty, s/o Ambica Bhattacharjee, of village Raigarh, P.S. Golapganj, Dist. Sylhet, of Silchar Town, and Dhubri Town, Assam, that with a view to prevent you from acting in a manner prejudicial to the public safety and the maintenance of public order, it is necessary to make the following order : Now, therefor, in exercise of the powers conferred by Clauses (b), (c), (d), (e) and (f) of Sub-section 1 of Section 2, Assam Maintenance of Public Order Act, 1947 (Act 5 of 1947), as amend...
Tag this Judgment!Anwar HussaIn and anr. Vs. the State
Court: Guwahati
Decided on: Aug-29-1951
Thadani, C.J.1. These are two revision applications, Nos. 50 and 52 of 1951 under the provisions of Section 439, Criminal P.C. No. 50 of 1951 is by one Anwar Hussain and No. 52 of 1951 is by one Haridas Konwar, Anwar Hussain was convicted by a Magistrate of the first class, Dibrugarh, under Section 6, Assam Opium Prohibition Act (Act XXIII 23 of 1947) and sentenced to rigorous imprisonment for 4 months and to pay a fine of Rs. 50, or in default, to undergo further rigorous imprisonment for 2 months. His taxi, ASL 3929, was ordered to be confiscated and sold at a public auction, and the sale-proceeds credited to the Treasury. The applicant Haridas was convicted by the same Magistrate under Section 5(a), Assam Opium Prohibition Act (Act XXIII 23 of 1947) and sentenced to rigorous imprisonment for 4 years and to pay a fine of Rs. 5000, or, in default, undergo, further rigorous imprisonment for 4 months. Three other persona-(1) Purnakanta, (2) Mahendra and (3) Indreswar—were each se...
Tag this Judgment!Sardar Chanda Singh Vs. the Executive Engineer, Assam Rly. and ors.
Court: Guwahati
Decided on: Aug-28-1951
Thadani C.J. 1. This is a revision application under Rule 39 of the Rules framed for the administration of justice in North Cachar Hills, directed against an appellate order, dated 6-12-50 passed by the learned District Judge, North Cachar Hills, by which he affirmed the judgment and decree of the S. D. O. Haflong, dated 11-3-50, setting aside an award under Section 30(c), Arbitration Act.2. One Sardar Chanda Singh entered into an agreement with the Governor-General of India represented by the Executive Engineer, B. A. Railway, Haflong, for the construction of additional staff quarters at Akhaura (now in East Pakistan) for the Traffic and Electric Department of the said Railway, at a cost of Rs. 1,53,600. It was agreed that all disputes arising out of the contract were to be decided by arbitration. The petitioner's case is that, after acquisition of the site, he collected various materials for the execution of the contract and stored them on the site selected ; that due to flood, the...
Tag this Judgment!Bharateswari Barman and anr. Vs. Mandirabala Bhaktani and anr.
Court: Guwahati
Decided on: Aug-23-1951
Ram Labhaya, J. 1. This is an appeal from the judgment and decree of the Additional Subordinate Judge dated 31-5-1950 by which the order of the Munsif of Dhubri granting plaintiff a decree for 90 maunds of paddy or in default Rs. 675 the market price thereof was affirmed. 2. Plaintiff had sued to recover 90 maunds of paddy or in the alternative its price. The defendants were tenants since 1937. According to the terms of the original kabuliyat the rent was payable in kind. It was fixed at 361/4 maunds per annum. The defendants fell into arrears and a suit for recovery of rent was instituted against them. This was disposed of on the basis of a compromise between the parties. One condition of the compromise was that plaintiff will accept for the next three years (1352 B.S. to 1854 B. S.) produce rent at a reduced rate of 30 maunds of paddy per annum. The concession was limited to three years. From 1355 B. S. onwards, the old rate of rent was to be received. The claim to 90 maunds of pa...
Tag this Judgment!Kera Kaibarta Vs. Chandra Kanta Das and ors.
Court: Guwahati
Decided on: Aug-23-1951
Deka, J.1. This is an application on behalf of one Kera Kaibarta purporting to be one under Section 151, Assam Land and Revenue Regulation. 2. The relevant facts are that one Chandra Kanta Das, Opposite Party 1, got a settlement of fisheries Nos. 9, 61, 66 and 81 of Nowgong for a period of three years on 2-2-50 and subsequently four other persons who figure as Opposite Party 2-5 were added as lessees together with Chandra Kanta, Opposite Party 1. These four persons purport to represent the Raij who consisted of the fishermen class of the locality? Subsequently, Kera Kaibarta and others made a representation to the Deputy Commissioner of Nowgong to the effect that O. P. 1-5 were not managing or running the fisheries in the interest of the Raij but used them as personal concerns. The Deputy Commissioner on this representation made a recommendation to the Government for the substitution of the name of the petitioner Kera Kaibarta in place of Chandra Kanta and others as lessee with respec...
Tag this Judgment!Rameswar Bartia Vs. the State
Court: Guwahati
Decided on: Aug-01-1951
Thadani, C.J.1. We have before us an application under Article 134(1)(c), Constitution of India, asking this Court to certify that the case in which the petitioner's sentence was enhanced by this Court in criminal Reference No. 1 of 1951, is a fit case for appeal to the Supreme Court.2. The petitioner Rameswar Bhartia was Convicted by Mr. C.K. Bhuyan, Magistrate of Labhimpur District, under Section 7(1), Essential Supplies (Temporary Powers) Act, 1946 (Act xxiv [24] of 1946) for contravention of the provisions of Sections 3 and 7, Assam Foodgrains Control Order, 1947, and sentenced to pay a fine of Rs. 50, or, in default, to undergo rigorous imprisonment for one month. The District Magistrate of Lakhimpur made a reference to this Court for enhancement of the petitioner's sentence as he was of the opinion that the sentence was 'grossly and manifestly inadequate.' In due course, the reference was heard by this Court, which, by its order, dated 1.6.51, accepted the reference and enhanced...
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