Guwahati Court February 1980 Judgments
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Somi Horam Tongkhul Naga Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Feb-29-1980
K.N. Saikia, J. 1. This application under Article 226 of the Constitution of India impugns the order dated 7-2-80 passed by the Additional Secretary to the Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division), rejecting petitioner's appeal under Section 8 (3) of the High Denomination Bank Notes (Demonetisation) Act, 1978, against the order No. Gau. Cy. Mgr. 601/47-79/90 dated 19-7-79 of the Manager, Reserve Bank of India, Gauhati, refusing to exchange value of the petitioner's high denomination notes totalling Rs. 1,68,000/- in thousand rupee notes. 2. The petitioner belongs to the Scheduled Tribe of Tankghul Naga of Manipur and has been carrying on Agfar wood business as lessee of Agar Mahals from time to time. He held Rs. 1,68,000/- (Rupees one lakh sixty-eight thousand only) in one-thousand rupee notes in 1978. In course of his business he had to remain in interior jungles, and hearing a rumour of demonetisation in the early part of 1978, he ...
P.G. D'OmbraIn and Ors. etc. Vs. Collector of Kamrup Gauhati and Anr., ...
Court: Guwahati
Decided on: Feb-26-1980
N. Ibotombi Singh, J. 1. These two appeals are directed against the common Award, dated July 29, 1971 of the Assistant District Judge No. 2 at Gauhati in Misc. L. A. Cases 17 and 18 of 1969, being references under Section 18 of the Land Acquisition Act, 1894 (hereinafter called 'the Act'). Both the appeals, one by the claimant and another by the Collector, are heard together and disposed of by this common judgment. 2. The facts giving rise to these appeals are : agricultural land of 18 bighas 4 kathas covered by dag Nos. 146, 136. 131 and 130, 129 of K. P.KhaNo. 2 of village Madgharia No. 2 in Beltola Mouza in the name of late P. G. D.'Ombrain, predecessor-in-interest of appellants in F. A. No. 7 of 1972 and another plot of agricultural land measuring 2 bighas 3 kathas 7 lechas covered by Dag No. 147 of K. P. Patta No. 1 of the same village and mouza, in the name of the respondent in F. A. No. 10 of 1972, were acquired by the Government of Assam for the India Carbon under the Act. No...
Thagiram Borah Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-22-1980
K.N. Saikia, J. 1. The petitioner herein challenges the order of the appellate authority rejecting his appeal and directing the Nowgong Mahkuma Parishad to settle the Kampur Bazar with the O. P. No. 4 at the petitioner's bid of Rs. 10,353.00 instead of at the latter's bid of Rs. 9,775.00; and also the order of the Mahkuma Parishad settling the bazar with O. P. No. 4 without assinffing any reason. 2. Pursuant to tender notice for settlement of the Kampur Bazar for one year ending 30th June, 1980, 8 (eight) persons submitted tenders amongst which the petitioner's was the highest at Rs. 10,353.00 and O. P. No. 4's was the next at Rs. 9,775.00. The Mahkuma Parishad settled the bazar with O. P. No. 4 at his bid of Rs. 9,775.00 assigning no reason whatsoever as to why the highest bid and the other bids were rejected. On appeal by the petitioner the appellate authority by its order dated 6th Sept. 1979 (Annexure-C) rejected the appeal, observing that the reason assigned by both the Executiv...
A.S. Khongphai Vs. the Special Judicial Officer, Shillong and ors.
Court: Guwahati
Decided on: Feb-20-1980
K.N. Saikia, J.1. This is an application under Articles 226/227 of the Constitution of India against an order dated 23-12-76 passed in L. A. (Misc.) Case No. 16 of 1976 rejecting the petitioner's application under Section 33 of the Land Acquisition Act and directing the awarded amount to be deposited in the State Bank of India, Shillong branch in the name of the Collector under Fixed Deposit Scheme and holding that the Court had no jurisdiction, whatsoever, to decide the right, title and interest of the parties under the proceedings. It involves two questions, namely (1) Whether a reference Court has jurisdiction to decide the question, of title and interest of the parties when a post award civil suit on the same subject-matter is pending in a civil Court? (2) Whether an application under Articles 226/227 is maintainable?2. A plot of land measuring 93 acres, more or less, situate at Spread Eagle Falls, Shillong was acquired under the Land Acquisition Act 1894 and an award was given by...
Sunil Kumar Datta Roy Vs. Smt. Swarna Datta Roy
Court: Guwahati
Decided on: Feb-18-1980
Baharul Islam, C.J. 1. This appeal is by the husband who filed a suit for judicial separation from his wife, the respondent hereto. He sought judicial separation on two grounds : (i) desertion and (ii) cruelty on the part of the wife. 2. The husband has alleged that his wife refused to live with him in his paternal home and was living in a separate rented house in the town of Silchar in which also the petitioner lived with his parents. This, according to the appellant, amounts to desertion; we have perused the relevant evidence on record, The respondent has admitted that she is reluctant to live with her husband; she says she is not living with her husband in that family as in that family two persons, namely, the mother and the sister of the husband, are sufferring from T. B. She says that if the husband comes out from that family and lives either in the house rented by her in the same town or in a separate house to be rented by the husband, she does not have any objection to live w...
Sailala Vs. Smt. Ngurtaiveli
Court: Guwahati
Decided on: Feb-12-1980
Singh, J. 1. This is a Revision under Cl. 6 of the Assam High Court (Jurisdiction Over District Council Courts) Order, 1954, directed against the judgment and order of the District Council Court, Aizawl, reversing the judgment and order of the Magistrate, Subordinate District Council Court, Aizawl. The revision is filed by the defendant, Sailala, the petitioner herein, against the plaintiff Smt. Ngurtaiveli, Opposite Party. 2. The dispute is about the ownership of a house and its compound in the northern side of Chaltlang field between brother and sister. One Thangphunga, Chief of Chaltlang village, died sometime in 1951, leaving behind him his daughter Smt. Ngurtaiveli, opposite party, by his first wife and two sons Sailala, petitioner, and Lalengmawia, by the second wife married after the death of his first wife. Smt. Ngurtaiveli's husband, R. D. Leta died on 12-4-25 leaving behind a son, Sri Lalsikula, by another wife. It is the case of the plaintiff-opposite party that the dispute...
Smt. Kiranmayee Das Vs. the Assam Board of Revenue, Gauhati and ors.
Court: Guwahati
Decided on: Feb-12-1980
Lahiri, J.1. Smt. Kiranmayee Das, the petitioner prays for a Writ of Certiorari to quash the judgment and order dated 31-3-1977 in R A. No, 176 of 1976 dismissing her application to set aside the Revenue sale of her land and for further or other orders.2. Without impairing the foundational facts, the compressed story may be set out as below .:--The petitioner is the owner of 5 leches of land in Dag No, 538 of K. P. Patta No. 126 of Barpeta town. She purchased it on 23-6-70 by a registered Sale Deed at Rs. l3,500/-. She applied for mutation and on due enquiry the Sub-Deputy Collector by his order dated 18-8-1972 ordered that her name should be mutated. But the lackadaisical officials could find time to reflect the order In 'the Record of Rights' as late as on 3-7-1973. Of course she was shown as one of the co-pattadars. On purchase and having possession of the land the petitioner let out the house on it to Respondent No, 3 as her monthly tenant. However, she had to file a suit for ejec...
Jitendra Nath Saikia Vs. Himanshu Kumar Dutta and ors.
Court: Guwahati
Decided on: Feb-11-1980
Baharul Islam, C.J. 1. This is an application under Article 226 of the Constitution by which the order of the Assam Board of Revenue (hereinafter 'the Board') upholding the settlement of the Bokakhat Country Spirit Shop (hereinafter 'the C.S. Shop') for the period from 1-6-1979 to 30-3-1980 with respondent No. 1 made by the Sub-divisional Officer, Colaghat (hereinafter 'the S.D.O.'), has been challenged. 2. The material facts are brief. The C.S, shop was advertised for sale and six tenderers, including the petitioner and respondents Nos. 1 and 2, filed tenders. The S.D.O. settled the C.S. shop with respondent No. 1. The petitioner preferred an appeal before the Board being appeal No. 69 E/79 and respondent No. 2 also filed an appeal being appeal No. 114 E/79 before the Board. Both the appeals were disposedof by the Board by the common impugned order. 3. Mr. J.P., Bhattacharjee, learned counsel appearing for the petitioner, submits that the settlement of the C.S. shop with respondent N...
Fatik Chandra Bora Vs. Smt. Milan Baroi and anr.
Court: Guwahati
Decided on: Feb-08-1980
Lahiri, J. 1. This is an appeal by the owner of a passenger bus No. ASN 1681 questioning the legality of the apportionment of the compensation awarded by the Member, Motor Accident Claims Tribunal, Nowgong, for short 'the Tribunal' in M. A. C. Case No. 13 of 1974. 2. The appellant, owner of the vehicle claims that at all relevant time the bus was insured with the New Great Insurance Company of India Ltd., which on merger is styled as 'The Oriental Fire and General Insurance Company', Respondent No, 2. It is indubitable that the policy of insurance was a policy which covered against any liability up to Rs. 50,000 which might be incurred by the owner in respect of the death or bodily injury to any person caused by or arising out of the use of the vehicle in a public place. 3. The appellant's vehicle driven at high speed caused a run-down accident resulting in instantaneous death of a poor labourer, Munindra Baroi. His wife respondent No. 1, for her and on behalf of her four minor childr...
Walford Transport (Eastern) India Ltd. Vs. S.K. Mandal, Registrar of C ...
Court: Guwahati
Decided on: Feb-05-1980
K. Lahiri, J. 1. In this writ action the petitioner questions the jurisdiction of the Registrar, acting under the Companies Act, 1956 (hereinafter referred to as 'the Act'), to : (i) issue the impugned letter dated October 7, 1978 (annex. 'B' to the petition), (ii) cancel his previous order recording satisfaction of the charge created by the petitioner in favour of respondent No. 3 (M/s. Grindlays Bank Ltd.) and (iii) reopen the question of satisfaction of the charge and proceed to dispose of the question already decided by him. The order of 'cancellation' has been challenged as violative of the audi alteram partem rule (right to prior notice and opportunity to be heard). The endeavour to throw open the question of satisfaction has been imputed as an unwarranted endeavour of the Registrar 'to review' his earlier order--he being a creature of 'the Act' cannot exercise review jurisdiction as no such power has been conferred on him by 'the Act'. It suffers from the same vice of lack of j...
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