Guwahati Court April 1979 Judgments

Samurailatpam Jugeswar Sharma Vs. Krishna Kumar Sharma

Court: Guwahati

K.N. Saikia, J. 1. In this Civil Revision Application under Section 115 of the Civil P. C., the petitioner impugns the order dated 5-8-1977 passed by the learned subordinate Judge I, Manipur in O. S. (Money) No. 31 of 1974/26/76/4 of 1977, marking Ext. A/1, stated to be a promissory note, in evidence. 2. The plaintiff-respondent filed the said instrument dated 3-5-1972 earlier before the same Court for admission in evidence, but on objection being raised by the defendant-petitioner on the ground that it was insufficiently stamped as a promissory note, it was not admitted in evidence by an order dated 3-9-1975 with a finding that since the document was a promissory note and insufficiently stamped it could not be cured under the provisions of Section 35 of the Stamp Act. Thereafter, the plaintiff-respondent withdrew the document from the Court and purported to cure it through the procedure of impounding, and after the deficit stamp and penalty were paid and Collector's certificate ob...

Kadir Ali Dewan and ors. Vs. Wahab Ali and ors.

Court: Guwahati

K.N. Saikia, J.1. By this Criminal Revision under Sections 397/401 read with Section 482 of the Cr. P. C. 23 petitioners challenge the proceeding in M/s. No. 749/78, which arose as follows:2. The 4 Opposite Parties for themselves and on behalf of 31 other families filed an application, supported by an affidavit, in the Criminal Court at Mangaldoi against the present petitioners under Section 107 Cr. P. C. alleging that the first party got settlement of land measuring 272B. 4k. 14 Lechas in the name of 35 families in 1972 as landless people and have since been cultivating the same, and the second party by forming an unlawful assembly were preparing to oust and evict the first party threatening with dire consequences, and consequently there was every likelihood of breach of the peace and so there was the need to prevent the second party men from entering the land to avoid mutual fight. It was accordingly prayed that the matter be investigated into and under Section 107 Cr. P. C., after...

Tapan Chandra Deb Barma and ors. Vs. Dulal Chandra Deb Barma and ors.

Court: Guwahati

K. Lahiri, J. 1. I propose to dispose of the two civil revisions as they involve common questions of law touching the jurisdiction of the appellate Court to hear appeals arising out of an order under Section 47, Civil P. C. passed on or after 1-2-1977. 2. The petitioners are Judgment-Debtors. Dulal Chandra Deb Barma instituted Title Suit No. 10 of 1956 and obtained a decree. The Judgment-Debtors preferred abortive appeals. No further appeal was taken. The decree-holder plaintiffs took preliminary steps for preparation of the decrees, after their preparations execution proceedings were started. On registration of the Execution Cases notices were issued on the Judgment-Debtors who appeared and filed separate sets of objections under Section 47 of the Civil P. C. As such two Misc. Cases stemmed before Shii B. K. Bhattacharjee, Subordinate Judge, Tripura West at Agartala: (1) Civil Misc. Case No. 24 of 1974 (connected with Civil Revision No. 2 of 1978) and (2) Misc. Case No. 26 of 1975 (c...

Ananda Tangla Vs. State

Court: Guwahati

K. Lahiri, J.1. Appellant Ananda Tangla was aged around 16 or 17 at the time of occurrence. He is the son of late Kangsha Tangla (since dead), a tea garden labourer. He did not do anything for living. P. W. 2 Girthani Tangla is his stepmother. The prosecution case, in short, is that on 8-5-73 around 11-30 P.M. Kangsha, father of the appellant returned home after taking wine. It was raining and a dark night. P. W. 2 Girthani heard some altercation outside their hut supposedly between the accused and the deceased. She came out from the hut and found her Husband lying on the ground. With the help of Anand, the accused, she took Kangsha inside the hut. Although Kangsha could speak, he made no allegation that he had been beaten by his son. P. W. 2 Girthani did not see the actual assault but heard altercation supposedly between the accused and the deceased. In the morning Kangsha died. Girthani raised alarm and neighbours arrived at her hut. She did not find Anand as he had allegedly slippe...

Manaharmayum Tolen Sharma and anr. Vs. Sakhi Gopal Devta

Court: Guwahati

K.N. Saikia, J. 1. This defendants' Second Appeal is against the judgment and decree dated 24-5-1973 of the District Judge, Manipur in Civil Appeal No. 21 of 1972, confirming the judgment and decree dated 19-4-1972 of the Munsiff, Imphal West in O. S. No. 6l of 1971.2. In O. S. No. 61 of 1971, the plaintiff Sakhi Gopal Devta, an idol installed at Khurkhul Sevok Leikai, by its next friend Usham Rupachandra Singh, sued the defendants Manoharmayum Tolen Sharma and his son Manoharmayum Ra-jen Sharma, claiming relief of declaration of its title to the suit land and cancellation of the name of defendant No. 2 in the land records by setting aside the order dated 10-11-1965 passed in Mutation Case No. 272/A.S.O./I.W./1965. The defendants contested the suit by filing a written statement denying the allegations. 3. The learned Munsiff decreed the plaintiff's suit holding that the plaintiff has title to the suit land and ordering that the mutation order passed in the Mutation Case No. 272/A.S.O...

Manaharmayum Tolen Sharma and anr. Vs. Sakhi Gopal Devta

Court: Guwahati

Reported in: AIR1980Gau16

K.N. Saikia, J. 1. This defendants' Second Appeal is against the judgment and decree dated 24-5-1973 of the District Judge, Manipur in Civil Appeal No. 21 of 1972, confirming the judgment and decree dated 19-4-1972 of the Munsiff, Imphal West in O. S. No. 6l of 1971.2. In O. S. No. 61 of 1971, the plaintiff Sakhi Gopal Devta, an idol installed at Khurkhul Sevok Leikai, by its next friend Usham Rupachandra Singh, sued the defendants Manoharmayum Tolen Sharma and his son Manoharmayum Ra-jen Sharma, claiming relief of declaration of its title to the suit land and cancellation of the name of defendant No. 2 in the land records by setting aside the order dated 10-11-1965 passed in Mutation Case No. 272/A.S.O./I.W./1965. The defendants contested the suit by filing a written statement denying the allegations. 3. The learned Munsiff decreed the plaintiff's suit holding that the plaintiff has title to the suit land and ordering that the mutation order passed in the Mutation Case No. 272/A.S.O./...

Surendra Kumar Sarkar Vs. Smt. Chapala Sundari Bhowmik and ors.

Court: Guwahati

K. Lahiri, J. 1. (A) Whether a suit can be dismissed under Order 9, Rule 8 ofthe Civil P. C. when it is called on for hearing at a time which is not the ordinary hour of sitting for the Court, without prior intimation td plaintiff about such hearing?(B) Has the Court jurisdiction to exercise power under Order 9, Rule 8 of the Civil P. C. when the defendants had not been notified about the date of hearing of the suit by a transferee Court? These are the main questions posed by Mr. R. Ghosh, the learned counsel for the petitioner in this revision, apart from other points.2. The petitioner instituted a title suit against the opposite parties for dissolution of the partnership business, rendition of accounts and claimed other reliefs in the Court of the Additional Subordinate Judge, Tripura at Agar-tala. The defendants appeared, filed their written statements and issues were framed. A commissioner was appointed and he was directed to take over possession and custody of the books of accou...