Guwahati Court December 1981 Judgments

Adiram Sarma Vs. Deokinandan Agarwalla

Court: Guwahati

D. Pathak, (Acting) C.J. 1. This revision petition is directed against an order dated 22nd November, 1975 passed by the learned Assistant District Judge, Dibrugarh and Lakhimpur at Dibrugarh in Misc. Appeal No. 2 of 1975, affirming the order dated 11th. January, 1975 in Title Suit No. 5 of 1975, rejecting the prayer for injunction. 2. The brief narration of the facts is that the petitioner brought a suit against the opposite party being on the allegations, inter alia, that the opposite party had brought a suit against the petitioner being Title Suit No. 223 of 1971 in the Court of the Munsiff. Dibrugarh, for arrears of rent and ejectment and fraudulently obtained a decree ex parte against the pelilioner by suppressing summons and keeping the petitioner out of the knowledge of the said suit, and that the petitioner having knowledge of the ex parte decree, filed a petition under Order 9, Rule 13 Civil P.C. for restoration of the suit after vacating the ex parte decree, but that the s...

M. Jitendra Singh Vs. State of Manipur and ors.

Court: Guwahati

B.L. Hansaria, J. 1. The petitioner was detained under the provisions of the National Security Act, 1980, for short 'the Act', while he was serving as Executive Engineer under the Public Works Department, Manipur. His detention was felt necessary by the District Magistrate, (South) Churachandpur to prevent him from acting in any manner prejudicial to the security of the State and maintenance of public order. The grounds of detention were furnished to the petitioner on 22-11-1981, which was well within time as the order of detention is dated 20.11.1981. They read as follows:1. That you gave a written commitment voluntarity to FLA to give contract worth Rs. l lakh initially and worth Rs. 3 lakhs finally while you were posted at Churachandput;2. That you supplied explosives to outlawed extremist organisation namely PLA in the month of April, 81 while you were working as EE/PWD, Churachandpur,3. That you gave shelter in your residence to PLA members from time to time while you were posted...

Mainam Manikumar Vs. State of Manipur and ors.

Court: Guwahati

K.M. Lahiri, J.1. This is a Habeas Corpus application. On 22-10-81, at about8 P. M., the petitioner was arrested under the National Security Act, 1980 (for short 'the Act'). The respondents, however, claim that he was arrested on 23-10-81. On 27-10-81 the detenu was furnished with insufficient grounds of detention. On communication of the grounds 'he petitioner made representation on 16-11-81 complaining that he had, not been furnished with the materials referred to and relied in 'the grounds' of detention. Thereafter, the petitioner filed this writ application on 23-11-81 questioning the validity of his order of detention and a Rule was issued, the Government Advocate Manipur received notice of the Rule on behalf of the Respondents, thereafter, on 1-12-81, the petitioner was furnished with the basic materials or the factual materials which led to the factual inferences drawn by the detaining authority to detain the petitioner under 'the Act'. We extract below the grounds of detention...

The State of Assam Vs. Felanu Malakar and ors.

Court: Guwahati

T.C. Das, J.1. The respondents Felanu Malakar, Haricharan Malakar, Babul Malakar, Dhano Malakar, Achyut Malakar and Jiban Malakar were tried in the Court of Assistant Sessions Judge, Barpeta in G. C. Case No. 493/68 Under Section 148/304 Part II and Section 323/34 of the IPC On trial, the learned Assistant Sessions Judge came to the conclusion that the prosecution failed to prove the guilt against the respondents beyond reasonable doubt and, therefore, they were held not guilty and were acquitted by the order dated' 16-5-1974.2. The State has preferred this appeal against the aforesaid order of acquittal.3. The prosecution case in brief is that on 6-6-1968 the respondents came in a body armed with deadly weapons to the farm house of Braja Kalita and Dhaia Kalita in village Barbukiya in order to assault them out, of grudge due to some land dispute. The respondents, as alleged by the prosecution, assaulted the injured persons as soon as they came out of the farm house with 'Tiyar'. 'Khu...

The State of Assam Vs. Felanu Malakar and ors.

Court: Guwahati

Reported in: 1982CriLJ551

T.C. Das, J.1. The respondents Felanu Malakar, Haricharan Malakar, Babul Malakar, Dhano Malakar, Achyut Malakar and Jiban Malakar were tried in the Court of Assistant Sessions Judge, Barpeta in G. C. Case No. 493/68 Under Section 148/304 Part II and Section 323/34 of the IPC On trial, the learned Assistant Sessions Judge came to the conclusion that the prosecution failed to prove the guilt against the respondents beyond reasonable doubt and, therefore, they were held not guilty and were acquitted by the order dated' 16-5-1974.2. The State has preferred this appeal against the aforesaid order of acquittal.3. The prosecution case in brief is that on 6-6-1968 the respondents came in a body armed with deadly weapons to the farm house of Braja Kalita and Dhaia Kalita in village Barbukiya in order to assault them out, of grudge due to some land dispute. The respondents, as alleged by the prosecution, assaulted the injured persons as soon as they came out of the farm house with 'Tiyar'. 'Khuk...