Guwahati Court January 1981 Judgments
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Tarun Kumar Das and Etc. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-31-1981
K. Lahiri, J.1. On 13-1-81, we allowed the Habeas Corpus application of Shri Tarun Kumar Das, a detenu in Misc. Case No. 8(HC) of 1981, ordered his release and observed that a reasoned judgment would follow. We were told at the Bar, during the course of hearing, that another application having 'the common question of law' was pending for disposal. So, we deferred delivery of the judgment. The case namely, Civil Rule No, 54(HC) of 1981:Criminal Misc. Case No. 28(HC) of 1981) has come up today. We have heard the parties and find that the case involved the same question of law. Ergo, our reasoned judgment. In the process, we propose to dispose of Civil Rule No. 54 of 1981.2. A thumb-nail facts of Tarun's case: Tarun was arrested and detained on the strength of an order issued by the State Government Under Section 3(1)(a) of 'the National Security Ordinance 11 of 1980' -for short 'the Ordinance'. The Ordinance was promulgated by the President on the 22nd Sept., 1980, to provide for ...
Boli Narayan Pawye Vs. Smt. Shiddheswari Morang
Court: Guwahati
Decided on: Jan-27-1981
K. Lahiri, J.1. Shrimati Siddheswari was in her early 20s when she was allured and mesmerised by the petitioner Boli Narayan Pawye, a young man studying Law perhaps vibrant with noble ideas to uplift the cause of the poor and down trodden and to safeguard and protect the weaker section like woman, children infirm and old. Could he practice the noble ideals in his private life? The parties belong to the Mishing Tribe. The Tribe belongs to 'the other Backward Classes' as the members are economically and socially backward. However, they have values for superior to the 'Forward Classes'; they live with nature, thrive in hills and valleys, generous as mountains, simple as the morning dew and have colourful cultural background. They have their own life-style and though they seem to accept or profess Hinduism, they have their faith or religion distinct and different, simple and precise to meet their needs. Economic poverty does not permit solemnisation of marriages in a big way. For solemnis...
Akil Ali and ors. Vs. the State of Assam
Court: Guwahati
Decided on: Jan-16-1981
K.N. Saikia, J.1. Accused appellants Akil Ali, Sattar Ali, Anaruddin and Sirajuddin appealed from the judgment of their conviction under Section 304, Part I, I.P.C. sentencing them to 7 years R. I. and a fine of Rs. 1000/- in default further G months R. I. each.2. The Prosecution version is that while deceased Abdul Latif, Namer Ali, Rekmat Ali and Mazamil with two other members of the same family, namely, Abdul Haque and Manir, were ploughing their land, the accused persons being armed with 'lenjas', lathis and other deadly weapons attacked them with a view to dispossess them from their land. In course of the attack Akil Ali killed Latif, Sattar killed Mazamil, Anaruddin killed Namer and Sirajudidn killed Rekmat with their weapons. The two other members, namely, Abdul Haque and Manir, were also attacked and injured. Abdul Haque lodged an ejahar at the Hailakandi Police Station and after investigation Police charge-sheeted the accused appellants with some others, since acquitted; and...
Jogendra Nath Hazarika Vs. State of Assam and ors.
Court: Guwahati
Decided on: Jan-16-1981
K. Lahiri, J. 1. In this application the petitioner prays for a Writ of quo warranto directing respondent 3 to vacate the office of the Chief Minister of Assam and respondents 4 to 12 to vacate the offices of the Council of Ministers and a Writ in the nature of mandamus for declaration that the order of appointments of the Chief Minister and the Council of Ministers appointed by the Governor of Assam under Article 164 of the Constitution as illegal, unconstitutional and invalid. He prays for a declaration that he is the Chief Minister of Assam and he should be allowed to resume his office to exercise his powers and discharge the duties of the Chief Minister. 2. An apercu of the petitioner's case may be summed up as follows:-- The petitioner is an M.L.A. On 4-9-1979 the then Ministry resigned in face of a no-confidence motion whereupon the Governor of Assam being satisfied that the petitioner enjoyed the confidence of the majority of the Members of the Assam Legislative Assembly, here...
Bhura Brothers and anr. Vs. Dinendra Narayan Ray and ors.
Court: Guwahati
Decided on: Jan-08-1981
B.L. Hansaria, J. 1. This appeal which is being treated now aa revision in view of the decision of this Court in LPA/11/76 relates to a suit for eviction filed in 1969. Countedcourt-wise the matter has come up for the eighth time before a judicial forum which includes a Special Leave Petition to the Supreme Court and so it is high time that the forensic fight sees its finality. 2. The suit for eviction was on the ground that the premises described in the Schs. I and II of the plaint were needed bona fide by the plaintiffs for expansion of their business as well as for their residential purpose. The suit went through various vicissitudes as it was dismissed first and on appeal it was remanded to be dismissed again by the trial Court which order was upheld in appeal by the learned District Judge and on further appeal to this Court, the case was remanded for the second time. The suit has been decreed now by the learned District Judge, Cachar on his being satisfied about: (1) the maintai...
Dosoi Sonari Vs. Ramesh Chandra Dutta and anr.
Court: Guwahati
Decided on: Jan-08-1981
K. Lahiri, J. 1. Non-service of notice to show cause against an application for execution filed more than 2 years after the date of decree is fatal and makes the entire proceeding void ab initio, contends the counsel for the petitioner and points to Order 21, Rule 22 of the Civil Procedure Code, for short 'the Code'. This is the sole contention in this revision under Section 115 of the Code. 2. The defendant-petitioner is the poser against whom the Opposite Party 1 instituted a suit for ejectment, arrear rent and compensation in mid-sixties. The subject matter is a tiny plot of land covering 2880 square feet. The suit was decreed in 1968, confirmed by the 1st appellate Court and ultimately upheld by this Court in 1970. It required about 6 years to draw the suit to a close. Then comes the execution part of the story. The plaintiff put the decree into execution in 1973 and it was dismissed for default whereupon the decree-holder filed a fresh application for execution which was regist...
PrabIn Barua Vs. State of Assam
Court: Guwahati
Decided on: Jan-05-1981
B.L. Hansaria, J. 1. The petitioner was elected as a Councillor to the Tezpur Mahakuma Pari-shad, for short the Parishad from the Bor-bhogha Gaon Panchayat in the last election held for the councillors to the Parishad. He was subsequently elected as the Chief Executive Councillor of the Parishad in the first meeting held on 1-3-79. 14 Councillors thereafter addressed a communication to the Chairman of the Parishad on 22nd Sep., 1979 making certain allegation against the petitioner and demanded that he should face a no confidence motion. A meeting was accordingly convened on 16-10-79 to discuss about the proposed motion. In the meeting 41 Councillors including the President of the meeting were present; and 27 persons cast their votes in favour of the no confidence motion which was therefore taken to have been passed by the Parishad. The Government thereafter notified on 3-11-79 that the petitioner had ceased to hold office of Chief Executive Officer due to the passing of no confidence...
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