Guwahati Court July 1952 Judgments
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Abdul Aziz Vs. the State
Court: Guwahati
Decided on: Jul-31-1952
Thadani, C.J.1. This is a petition by one Abdul Aziz son of Nichar Ali, under the provisions of Article 226 of the Constitution of India directed against an order of detention passed against him by the District Magistrate of Cachar, dated 10-2-52, in the exercise of the power conferred by Sub-section (2) of Section 3 read with Sub-clause (ii) of Clause (a) of Sub-section (1) of Section 3 and Section 4 of the Preventive Detention Act of 1950 as amended by the Preventive Detention Act of 1951 (4/51).2. The ground of detention as communicated to the petitioner is this:1. That when the 'Zehad cry' against India was gaining momentum in Pakistan early in 1951, you with a view to undermine the security and territorial integrity of India, became a member of the spy-ring formed by Abdur Rouf of Singaria for collection of secret information about the disposition and movement of Indian armed forces and of border forces officials through a well organised courier system in order to help Pakistan ...
Sagarmal Sawarmal Vs. the State of Assam
Court: Guwahati
Decided on: Jul-29-1952
Ram Labhaya, J. 1. This is a referenceunder Section 32(3) Assam Sales Tax Act, 1947.from the Commissioner of Taxes, Assam. 2. Briefly stated the facts leading to the reference are as follows : The assessees (M/s. Sagarmal Sawarmal) were trading in jute in the Goalpara district. The Superintendent of Taxes, Goalpara assessed them under Section 17(3) Assam Sales Tax Act in respect of their turnover from 2,177 maunds of jute despatched by their firm to Calcutta during the period which ended on 31-3-1948. The assessees appealed to the Assistant Commissioner, who reduced the amount on which the assessment had been made. The assessment at the appellate Stage was reduced to the turnover from 2,002 maunds despatched to the Jute Presses as consignees. A petition of revision was filed against the appellate order. It was urged before the Commissioner of Taxes that the quantity of jute in question was despatched to Calcutta for sale as ready goods by the assessee Calcutta agents. The Jute Presse...
The State Vs. Judhabir Chetri
Court: Guwahati
Decided on: Jul-28-1952
Ram Labhaya, J. 1. This is a petition under Article 227 of the Constitution of India, from the State of Assam. It arises out of a proceeding under Section 16, Assam Opium Prohibition Act, 1947, as amended. The proceeding was initiated by complaint of the Excise Inspector dated 16-8-1948. The learned Magistrate (first class at Tezpur) found that Judhabir Chetri, Opposite Party was a smuggler of opium by habit and also its seller and stockist and on 21-11-1949 ordered his externment from the Province of Assam for a period of 18 months. 2. An appeal was preferred against this order on 7-12-49. The appeal was allowed and the order of the trial Magistrate was set aside by the learned Additional Sessions Judge L.A.D. 3. The State of Assam has invoked the powers of superintendence that this Court is invested with under Article 227 of the Constitution of India with a view to obtaining a reversal of the appellate, and the restoration of the original order. 4. Mr. Ghose, the learned counsel f...
Manipur State Vs. Salam Chaoren Singh
Court: Guwahati
Decided on: Jul-28-1952
Lakshmi Narain, J.C.1. Salam Chaoren Singh accused has been committed for trial under Section 302, I.P.C. by Shri H. Ibungoyaima Singh M.I.C. for the murder of Moirangthem Kulachandra Singh in the evening of 29.3.51 at Heibong Pokpi village by striking a dao blow on his neck which resulted in his death soon after.2. The prosecution story briefly is as follows:3 On the next day of Halanka festival of 1951, the deceased had gone to Naorem Bapu Singh P. W. 1 at Heibong Pokpi in the afternoon at about 3 P.M. and asked him to take charge of his cattle and bring them from his place. Bapu Singh was already in charge of his father-in-law's cattle. When they were ready to start in the evening Bapu Singh went aside at some distance to pass urine. On his return he found Kulachandra Singh lying on the ground by his bicycle profusely bleeding from a cut on his neck. He also saw the accused at that time standing near-by the deceased with a blood stained Dao in hand. He raised an alarm 'Mangle' (hor...
Puranmal Agarwalla and ors. Vs. Rautmal Pincha
Court: Guwahati
Decided on: Jul-18-1952
Ram Labhaya, J. 1. This petition of revision is directed against an order of the Munsiff of Jorhat allowing plaintiff to withdraw the suit with permission to sue afresh on the same cause of action. On behalf of the defendant it is contended that the order is vitiated by a materially irregular exercise of jurisdiction. 2. The petition for withdrawal embodied the allegation that the property in suit had not been correctly described. The learned Munsiff in his order stated that the plaintiff wanted to withdraw with liberty to file a fresh suit on account of some formal defect in the description of the land shown in the schedule attached to the plaint. After stating the plaintiff's case on the point he ordered as follows:--'The plaintiff is allowed to withdraw the suit with permission to sue afresh if not otherwise barred.' The learned Munsiff has given no reason in support of his order. Under Order 23, Rule 1 he could allow withdrawal of the suit if he felt satisfied that suit would fail...
Mohi Chandra Vs. Secy., Local Self-government of Assam and anr.
Court: Guwahati
Decided on: Jul-18-1952
Thadani, C.J. 1. This is a second petition brought by the petitioner Mohi Chandra Bora under Article 226 of the Constitution of India for a Writ of Mandamus against the State of Assam, and a Writ of Quo Warranto against (1) The Secretary, Local Self-Government, State of Assam, (2) Sri Ram Nath Sarma, the present Chairman, Local Board, Nowgong, and (3) Nowgong Local Board. The first petition filed on the same facts was disposed of by Ram Labhaya and Deka JJ. on 13-3-52. Ram Labhaya J., in the concluding paragraph of his judgment observed : 'Notwithstanding the observations made above regarding the invalidity of the Resolution of the Board by which the removal of the Chairman was recommended to the Provincial Government and approved by them, this petition ought to fail as infructuous by reason of the events that have taken place during the pendency of the petition as the effect of these events is that no elective relief can be granted to the petitioner. Other points raised in the case n...
Jatindra Mohan Deb and ors. Vs. Rajani Kanta Choudhury
Court: Guwahati
Decided on: Jul-16-1952
Thadani, C.J. 1. This is a Second Appeal from the judgment and decree of the learned Additional District Judge, U. A. D., dated 30-11-1950, by which he modified a personal decree passed in a mortgage suit by the learned Subordinate Judge, U. A. D., Silchar, dated 26-4-1948.2. The plaintiff, one Rajani Kanta Chaudhury, brought a suit against one Surendra Mohan Deb and his three brothers upon a registered mortgage bond, dated 24th Kartik, 1332 B. S. for a sum of RS. 2000 with interest at the rate of 0-14-0 (fourteen annas) p. c. p. m. The defendant-mortgagors failed to pay the mortgage amount, whereupon the plaintiff brought the present suit, in which the trial Court passed a preliminary mortgage decree. On the failure of the mortgagors to comply with the terms of the preliminary mortgage decree, a final mortgage decree was passed on 13-5-1940. In due course, the mortgaged property was put to sale, but the sale failed to realise the amount for which the final decree was passed on 13-5-1...
Asha Das and ors. Vs. the State
Court: Guwahati
Decided on: Jul-16-1952
Ram Labhaya, J. 1. This is a reference under Section 438, Criminal P. C., from the Additional Sessions Judge, U. A. D.2. The facts giving rise to the reference are as follows :3. A complaint was put in by Sabitri Rani Das under Sections 307, 342, 355, Penal Code, against her husband, 5 members of his family and a maid servant in the' Court of the Magistrate at Silchar on 31-10-1949. The learned Magistrate after examining the complaint passed an order which is as follows : 'To O. C. Silchar P. S. for registering a case under appropriate sections of the I. P. C. and report after investigation please. Fix 9-11-49.'In pursuance of the above order, the complaint was sent to O. C. Silchar Police Station who treated it as an F. I. R. The usual investigation followed and as a result thereof a charge sheet was submitted in the Court of the learned Magistrate. On that charge sheet the proceeding was initiated. On 8th February, the learned Magistrate ordered the police to produce the accused who...
Kamal Chandra Vs. Mahesh Chandra and ors.
Court: Guwahati
Decided on: Jul-15-1952
Thadani, C.J. 1. This is a Second Appeal from the judgment and decree of the learned District Judge, U. A. D., dated 13th January, 1950 by which he affirmed the judgment and decree of the trial court which had dismissed the plaintiff's suit with costs. 2. The plaintiff Kamal is the son of one Dharmeswar and grand son of Krishna Kanta. The plaintiff brought a suit for a declaration that he was entitled to the office of the Adhikar of the Gomotha Mahara Satra mentioned in Schedules (Ka) and (Kha). The defence to the suit was that the plaintiff was not entitled to the declaration sought as the rule of succession was not as claimed by him namely that the office was to devolve on the senior male member of the family, but that the office was to devolve on the nominated son of the last Adhikar; that Pitambar who was the son of the last Adhikar namely Kamdev and nominated by him to the office of the Adhikar was entitled to the office and after Pitambar's death Defendant 2 and not the plain...
Pabitra Mohan Majumdar Vs. Nur Md. Khalifa and ors.
Court: Guwahati
Decided on: Jul-11-1952
Ram Labhaya, J. 1. Facts giving rise to this revision petition are as follows:2. Plaintiff O. P. nO, 1 instituted a suit for recovery of a sum of Rs. 3,450/- and got movable property like utensils etc. belonging to O. P. No. 2 attached, before judgment. Articles attached were kept in the custody of the petitioner. He executed a bond agreeing to produce those articles when called upon to do so by the Court. Plaintiff got an ex parte decree in the suit and in execution of his decree prayed for the sale of attached articles. The petitioner was asked to produce them. When the articles were produced the decree-holder questioned the identity and urged that the articles attached had been changed.The Nazir was asked to make a report. According to his report out of 56 items 12 items had been changed. The petitioner was then asked to show cause why he should not be held responsible for compensation caused by the loss due to the substitution of articles that had taken place while they were in hi...
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