Guwahati Court December 1958 Judgments
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Biresh Misra Vs. Ram Nath Sarma and ors.
Court: Guwahati
Decided on: Dec-23-1958
G. Mehrotra, J. 1. This is an appeal under Section 116A of the Representation of People Act, 1951, (hereinafter called the Act) against the judgment of the Election Tribunal, Nowgong. The appellant Biresh Misra (hereinafter called the appellant), a voter of Silchar West Constituency stood as a candidate for the election for the Assam Legislative Assembly from Lumding constituency as the nominee of the Communist Party of India. The respondent No. 1--Ram Nath Sarma (hereinafter called the respondent) was a candidate nominated by the Indian National Congress to contest for the aforesaid constituency. The respondent is also the Chairman of the Local Board of Nowgong and the other respondents were also the candidates for the said constituency. Abdul Mosabir contested as an independent candidate and the other respondents represented various other parties. Lumding constituency is also included as a part in the Loksabha constituency of the district of Nowgong and Sri Liladhar Kataki was the ...
Kesarichand Jaisukhlal Vs. Shilong Banking Corporation Ltd.
Court: Guwahati
Decided on: Dec-22-1958
Sarjoo Prosad, C.J.1. This appeal is directed against an order dated 2-5-1955, passed by a Judge of this Court under the Banking Companies Act, adjudging the appellant as a debtor to the Shillong Banking Corporation Limited in liquidation. The claim of the bank is that the defendant No. 3, the appellant here, M/s. Kesarichand Jaisukhlal of Paltanbazar, Shillong, is liable for the payment of a sum of Rs. 5,965/5/9, the amount due to the bank, with interest at nine per cent. per annum calculated from 1-/-1947 onwards. The total claim has been laid for both principal and interest at Rs. 10,150/5/9.The claim is based upon the statement of account filed in the case (Ext. 1). The claim has been resisted by the appellant substantially on three grounds. It is contended that the debt due if any was paid off; that it was barred by limitation; and that in any case the bank was not entitled to the recovery of any interest, except pendente lite. The learned Judge who dealt with the matter, has fou...
Gauhati Bank Ltd. Vs. Rajendra Nath Majindar Barua and anr.
Court: Guwahati
Decided on: Dec-11-1958
Deka, J.1. This Rule was obtained by the Gauhati Bank Limited against an order of the Subordinate Judge, Upper Assam Districts at Jorhat passed in Miscellaneous Claim Case No. 42 of 1957 whereby the claim of the opposite party No. 2--Assam Co-operative Apex Bank Limited, Sibsagar town, was allowed in respect of a sum attached by the decree-holder Bank in execution of a decree passed against Rajendra Nath Majindar Barua opposite party No. 1. The order itself is not very specific as to the amount under claim which has been allowed and accordingly there had been some confusion even as to the point to be decided.On a reference to the record and after hearing the learned Advocates for the parties, we are satisfied that this amount in claim refers to the sum of Rs. 2,742.53 naya paise in respect of which a claim was filed by the Assam Co-operative Apex Bank Limited, Sibsagar by an application dated 20-11-1957, For the purpose of precision, I quote below the order of the learned Subordinate ...
indreswar Handique Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Dec-11-1958
G. Mehrotra, J.1. The petitioner Indreswar Handique was appointed as a Cipher Operator in 1944 in the then Bengal Assam Railway, and thereafter he was appointed a Travelling Ticket Examiner in 1949. On 4-6-1957 he was serving as a Travelling Ticket Examiner, Special Flying Squad, Pandu Region. At the Hojai station that day when on duty he saw one Sri S. Sen Gupta, Assistant Electrical Engineer, Dibrugarh town travelling in a First Class compartment with his wife by train No. 521 UP beyond his jurisdiction namely, from Dibrugarh town to Lumding. He had with him a Metal Pass No. 206.According to the petitioner Sri Sen Gupta was not entitled to travel beyond his territorial jurisdiction with a Metal pass with his family and consequently the petitioner demanded from him penalty and the fair for his wife. Sri Sen Gupta did not agree to his interpretation and said that the matter would be clarified, when he reached Lumding, on being referred to the District Traffic Superintendent.The Distri...
The State Vs. HussaIn Mirdha and ors.
Court: Guwahati
Decided on: Dec-05-1958
H. Deka, J.1. This appeal is by the State Government against the order of acquittal passed by the Additional Sessions Judge, Lower Assam Districts on 19-3-56. Five accused persons were tried of an offence Under Section 19(f) of the Arms Act before the Court of Session and the learned Additional Judge found the charge against Hussain Mirdha not substantiated on facts. As regards the other fom accused persons the learned Additional Judge found a case made out in respect of the charge Under Section 19(f) of the Arms Act, but since he was of the opinion that sanction for the prosecution was not given by a competent authority, he held the trial to be bad. and, as such acquit all the accused persons. Of tfiese acquitted persons Rampraaad is dead. The State Government) has, therefore, come up in appeal against the order of acquittal of Hussain Mirdha. Wazuddin. Mansur Ali and Kami Sikdar the surviving accused.2. The case for the prosecution was that on 12-6-53 Nagiram Saharia, Officer in cha...
Haripada Gupta Vs. the State
Court: Guwahati
Decided on: Dec-03-1958
J.N. Datta, J.C.1. This is a reference by the learned Sessions Judge, under Section 438 of the Criminal P. C., with a recommendation that the order of the learned Magistrate refusing to refund to the petitioner Pakistani currency seized from him by the Police, be set aside and replaced by an order for its refund to the petitioner, and arises out of a proceeding under Section 19(3) of the Foreign Exchange Regulation Act, 1947.2. The facts, briefly stated are these: It is an admitted fact that the petitioner, Haripada Gupta, who is a refugee from East Bengal, has been dealing in foreign exchange without an authority as required by Section 3 of the Act, though he has applied for such an authority and the matter is still pending. Order 12-5-1958 he was proceeding to Calcutta by air with notes worth Rs. 46170/- out of the said foreign currency for getting it exchanged into Indian currency, and at the Agartala air-port made a declaration to the Custom authorities, that he was carrying with ...
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