Guwahati Court June 1979 Judgments
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State of Assam Vs. Haladhar Bepari and ors.
Court: Guwahati
Decided on: Jun-20-1979
D. Pathak, J.1. This appeal is directed against the Judgment and order dated 16-3-1973 passed by the learned Sessions Judge, L. A. D. Gauhati in Sessions Case No. 2 (K-B) of 1973.2. All the 19 Respondents were tried by the learned Sessions Judge under Sections 147/447/325/326 and 302/149, Indian Penal Code arising out the following facts:On 24-5-1971, P. W. 1 Bahar Ali lodged an ejahar stating that his relative Johar Ali, P. W. 3 raised Ahu paddy on 2 bighas of his land. On that day at about 8 A. M. some people of Pachim Deuldi, namely the accused person along with 300/400 people formed themselves into an unlawful assembly armed with daos, lathis, Khappars etc. came to the paddy field, Johar Ali, Refaz and Atowar tried to prevent the accused persons. Then accused Hala-dhar Bepari, Bhabani Sarkar and Kristo Sarkar asked the accused persons to assult Johar Ali, Refaz Ali and Atowar, Accused Khagen and Dayal assaulted Atowar and Refaz and Johar Ali with dao and Khappars causing serious i...
Ranjit Chakravarty Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jun-14-1979
Baharul Islam, Ag. C.J.1. This appeal is by the plaintiff. The facts, relevant for the purpose of disposal of this appeal, may be stated thus:The plaintiff was appointed as Driver by the Deputy Director of Health Services, Assam, in 1959. He had to drive an International Van. Subsequently his service was terminated on 11-7-67 by the Civil Surgeon, Cachar to whom he was attached. His case is that the Civil Surgeon had no jurisdiction to terminate his service and that the Director of Health Services was the only competent authority to do so. He brought the suit for a declaration that he should be deemed to be in service according to the terms of employment. He also claimed for a decree of Rs. 3,925 being his salary up to 31-1-69 in addition to the costs of the suit and other reliefs that might appear fit and proper to the Court,2. Defendant No. 1 is the State of Assam and defendant No. 2 is the Director of Health Services, Assam. Defendant No. 3 is the Civil Surgeon, Cachar. Defendants ...
Dev Dutt Vs. State of Manipur and anr.
Court: Guwahati
Decided on: Jun-06-1979
Baharul Islam, Actg. C.J.1. This is an application under Section 99-B of the Code of Criminal Procedure, 1898 (hereinafter 'the Code') and is directed against an order dated 23-9-72 of the Govt. of Manipur, Home Department, and published in the Manipur Gazette Extraordinary dated Sept. 25, 1972. By the said Notification, the Home Department of the Govt. of Manipur, purporting to act under the powers conferred on it by Section 99-A of the Code read with Government of India Notification No. F 2/3/68. UTL dated 6-5-1968 declared that every copy of the weekly journal 'Point of View' dated 9-9-72 together with all other documents containing copies, reprints and translations of, or extracts from, the said journal be forfeited to the Government.2. Mr. P. Barthakur, learned Counsel appearing for the petitioner, submits that in the impugned notification the Government did not state the grounds as required under Section 99-A of the Code and as such is bad in law. The impugned notification is i...
J.L. Roy Vs. Amrit Lal Dey and anr.
Court: Guwahati
Decided on: Jun-01-1979
Bahabul Islam, Ag. C.J.1. This appeal is by the complainant, Shri. J. L. Roy, Food and Health Inspector of Karimganj Municipality, and is directed against an order passed by the Sub-Divisional Magistrate (Judicial), Karimganj (hereinafter 'the Magistrate') acquitting the two respondents.2. The appellant lodged a complaint before the Magistrate with a prayer for prosecuting the respondents under Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter 'the Act') for violation of S. T of the Act. He alleged in the complaint petition that the respondent stored and sold adulterated atta. He further alleged that on 20-6-70 respondent, Amrit Lal Dey, sold to him a sample of atta weighing 600 grams for 0.48 paise. He divided the sample into three parts, put each part into a container, handed over one such container to respondent Amrit Lal, sent one container to the Public Analyst, and retained the third one with him. He received a report from the Public Analyst who opined th...
Nuratmal JaIn Vs. Smt. Tarinibala Bora and ors.
Court: Guwahati
Decided on: Jun-01-1979
B.L. Hansaria, J. 1. A suit for realisation of arrear rent for the period from 16-10-1972 to 16-5-1973 was filed against the petitioner by one Deva Kanta Bora and his wife, Smt Tarinibala Bora. As Deva Kanta died during the pendency of the suit, all his heirs were brought on record. The suit, was decreed by the learned Munsiff. Morigaon, which judgment and decree have been affirmed by the learned Assistant District Judge, Nowgoing,2. The only point raised before ma by Shri B. Sharma, who appears for the petitioner, is that the suit was not maintainable and as such the learned Munsiff had no jurisdiction to entertain the same. According to the learned counsel, the suit is not maintainable because it being the case of the plaintiffs in the plaint that the suit property had been gifted to Tarinibala by Debo Kanta on 18-7-1972, Tarinibala could not claim the rent for a period subsequent to 18-7-1972 without getting a declaration of her title to the suit premises. That a transferee from or...
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